DAA CEO Kenny Jacobs Engages Lawyers Amid Board Dispute

The ongoing dispute between Kenny Jacobs, the chief executive of the Dublin Airport Authority (DAA), and the DAA’s board has escalated, prompting Jacobs to engage law firm Arthur Cox for representation. This development follows a significant rift within the board, which may lead to Jacobs’ exit after less than three years in his role. Sources indicate that McCann FitzGerald has been retained by the board, led by chairman Basil Geoghegan, to manage the legal negotiations.

Sources also reveal that Kieran Mulvey, an experienced mediator in industrial relations, is facilitating discussions between Jacobs and the board. Typically, CEOs of Irish semi-state companies have five-year contracts, but Jacobs’ contract was notably set for seven years. His remaining basic salary exceeds €1.2 million. Although he received €285,000 in basic pay last year, additional pension contributions and other benefits brought his total remuneration to nearly €375,000.

Legal Representation and Tensions

If the board reaches an exit agreement with Jacobs that includes a substantial settlement, it must inform Darragh O’Brien, the Minister for Transport. Jacobs was previously the subject of a protected disclosure complaint regarding workplace conduct; however, senior counsel determined that the allegations were unsubstantiated. Despite this, tensions between Jacobs and the board have persisted, compelling both parties to seek legal representation.

“DAA is constrained by law from commenting on protected disclosures,”

said a spokesperson for the company. She added, “All concerns raised under DAA’s protected disclosure policy are reviewed, and we confirm that no complaints have been upheld. We cannot comment on board matters, which are confidential.” The spokesperson declined to address the involvement of the law firms representing both sides. Neither Jacobs nor a representative from Arthur Cox offered comments on the situation.

In response to inquiries, a spokeswoman for the Minister for Transport stated, “Operations within State companies are matters for the boards of those companies. Accordingly, it would not be appropriate for the Minister or Department of Transport to comment on such matters.”

DAA’s Ongoing Challenges

The boardroom conflict occurs during a critical period for DAA, which is seeking permission from Fingal County Council to increase the annual passenger limit at Dublin Airport from 32 million to 40 million. The airport operator submitted a €2.4 billion investment plan to the council in late 2023, but a decision on the application remains pending. Local authorities have noted that the process is stalled as noise regulators await necessary documentation from DAA.

Recent discussions at the board level have also focused on an enforcement notice issued by Fingal County Council in June 2023. This notice followed DAA’s breach of the 32 million passenger cap last year, giving the authority a two-year compliance period. The High Court has temporarily paused the restriction, awaiting a ruling from the European Court of Justice on related legal matters.

Ultimately, the board decided to pursue a judicial review of the enforcement notice, recognizing that non-compliance could lead to criminal charges with no right of appeal. Confirming the judicial review, Chairman Geoghegan stated, “The board of DAA agreed to the application for judicial review. We continue to work constructively with Fingal County Council to achieve a successful infrastructure application, which will safeguard Dublin Airport, its customers and communities while contributing to Ireland’s economic success.”

As negotiations continue, the outcome remains uncertain, but the implications for DAA and its leadership could be significant.