PRESIDENTIAL hopeful Mary Davis has confirmed she sought legal advice in 2008 while on the Broadcasting Authority of Ireland board to assure herself that she no longer had a professional relationship with Denis O’Brien.
The candidate yesterday denied any conflict of interest was involved during discussions by the authority’s board concerning Mr O’Brien’s interests in radio and newspapers.
The businessman had worked closely with Ms Davis in his role as chairman of Special Olympics Ireland. When she first joined the authority’s board in 2004, she excused herself from deliberations concerning Mr O’Brien’s interests.
However, when she became managing director of Special Olympics Europe and Eurasia in 2008, she sought advice from lawyer Caroline Preston (then the head of litigation at AL Goodbody) on whether a conflict of interest now existed in her professional relationship with Mr O’Brien. She was advised no conflict existed and that advice was conveyed to the authority (then the Broadcasting Commission of Ireland).
Ms Davis said last night that she sought advice because she wanted to play a “full participatory role in my work” on the board.
Mr O’Brien’s Communicorp has the most extensive holdings in commercial radio in Ireland, with controlling interests in Today FM and Newstalk and a number of regional stations. He is also a major shareholder in Independent News and Media (IN&M).
“That’s how I prefer to go about my work. In 2008, following my appointment to Special Olympics Europe and Eurasia, I felt it appropriate to fully participate in the work of the board. However, I also sought and received legal advice that this was right and proper,” she said.
Ms Davis subsequently participated in decisions relating to Mr O’Brien’s media interests, including issues arising from his stake in IN&M.
The authority said Ms Davis had declared a conflict of interest before 2008 in a number of matters relation to Mr O’Brien’s interest, including two 2007 decisions: the first, surrounding the acquisition of Today FM; the second, its blocking of his company’s bid to take over FM104.
Board decisions are taken in a collegiate way without votes been taken, according to the authority.
While visiting Limerick, Ms Davis said: “No there was absolutely no conflict of interest at all. I’ve acted on the board of the BCI with full integrity, taken full responsibility at all times so, absolutely no, nothing.”
Asked if she had backed Mr O’Brien in any board discussions, she replied: “It would have been a general consensus, certainly there would have been a thorough analysis done and that would be put before the board and it was a general consensus then of the board. There would have been a collegiate discussion as well.
“And as I say, I’ve always acted with integrity and due responsibility in relation to any decision I’ve taken, either with the BCI, or with any of the boards or organisations that I’ve sat on down through the years.”
When asked about any possible conflict that might arise from her friendship with Mr O’Brien, a spokeswoman for the presidential candidate said the question only arose in the working relationship in the Special Olympics.
“Any conflicts of interest which may have arisen were made known by Mary Davis to the board . . . any suggestion that Mary Davis acted in any way other than in a professional manner while a board member of BAI is mischievous and misleading.
“Any suggestion of impropriety is not just a serious allegation against Mary Davis, but also potentially against the BAI itself,” she added.
Ms Davis also denied that Mr O’Brien was helping her campaign in any other way, apart from the €2,500 donation he had already made, the maximum that any individual or business can give.
“No. I mean, obviously when you are running an election like this as an independent, it is difficult to raise the funds and I’m running a very grassroots campaign. I’m looking for small donations from a large number of people.”
Journalist John Waters, who has served with Ms Davis on the board, said there was no “hard and fast rule” in relation to conflicts of interest.
“It’s a question of going on the understanding of perception. If you have a relationship where there is material gain or benefit, it’s my understanding that that is a conflict. I do not know if you can be more exact than that. It’s a very grey area. . . inevitably there is going to be an issue where you know somebody,” he said.