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COMMITTEE of PUBLIC ACCOUNTS debate -
Thursday, 21 Jun 2001

Vol. 3 No. 15

Finance Accounts 1999 - Department of Finance.

Mr. J. Hurley (Secretary General, Department of Finance) called and examined.

We will take these items in sequence, starting with the President's Establishment and the Office of the Minister for Finance. I apologise for the delay and welcome Mr. Hurley and his colleagues. I remind you that, as and from 2 August 1998, section 10 of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997, grants certain rights to the persons identified in the course of the committee's proceedings. Notwithstanding this provision in the legislation, I remind members of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the House or an official, either by name or in such a way as to make him or her identifiable.

Mr. Hurley, will you, please, introduce your officials?

Mr. J. Hurley

I am accompanied by Mr. Tom Considine, Secretary General, public service management and development; Mr. EricEmbleton, assistant secretary, centre for management and organisation development; Mr. Finbarr Kelly, Government accounting, and Mr. David Hurley, accountant, Paymaster General's Office.

Thank you.

Paragraph 9 of the report of the Comptroller and Auditor General reads:

The annual expenditure incurred by Government Departments on Air Travel is about £6.1m, of which an estimated £1.9m is recouped from third parties, mainly the EU.

In order to address concerns that Departments were obtaining value for money (VFM) in air transport, that the selection of Air Carriers was fair and reasonable and that there was an adequate level of expertise within Departments to manage their air travel requirements, the Department of Finance, in March 1998, issued a Travel Policy document to Departments, which laid down certain principles and guidelines which were to be followed in selecting Air Carriers. These related mainly to issues of VFM, use of economy fares where possible, and fair competition and lack of bias in the selection of Air Carriers. It was decided that each Department would appoint a travel agent who would provide agreed services in relation to foreign travel for agreed remuneration.

The contract for all Departments was awarded to one travel agent following a tender competition. The term of the contract was initially for one year with effect from February 1999, with provision for an extension of up to two years.

In order to monitor the success of the new arrangements and to deal with any difficulties which might be arising, the Department of Finance also decided to appoint consultants to carry out reviews of the operation of the new arrangements in the various departments. The first review covered the year ended August 1999 and was completed in October 1999, a second review covering the year ended August 2000 is currently under way and it is intended that a further review covering the year ended August 2001 will be carried out in 2001.

The consultants made a number of recommendations for action by the various parties involved in the agreements, viz. the Department of Finance, line Government Departments and the travel agent. My staff reviewed the recommendations and the action taken by the Department of Finance in relation to them. The chief findings and recommendations of the consultants and the action taken in relation to them are as follows:

The contract with the travel agent as an incentive to minimise costs, provided for the payment to the travel agent of a proportion of the savings effected by him. The contract provided that the savings should be calculated by a comparison of fares obtained by the agent and certain benchmark fares and routes to be agreed between each Department and the agent. The basis on which benchmark fares and shared savings were calculated had not been agreed between the Department of Finance and the travel agent and many Departments had expressed strong reservations in relation to the amounts computed by the agent.

The consultants also noted that the benchmark fares applied by the agent included commission and so savings were being calculated by comparing a net fare to a gross benchmark fare, which resulted in higher savings being computed and a correspondingly higher payment to the agent being made than if net benchmark fares were taken.

The consultants recommended that the agent should put in place an arrangement whereby the Department of Finance or an independent body reviewed the benchmark fares in detail and approved these fares for circulation to Departments. They also recommended that the shared savings arrangements needed to be structured so that like-with-like comparisons of fares were made.

The Accounting Officer of the Department of Finance informed me that a detailed agreement on the setting of benchmark fares and the calculation of the ensuing savings was concluded with the travel agent on 8 June 2000, which provides that: benchmark fares should exclude commission; benchmark fares should not exceed the fares which Government Departments could have expected to pay prior to, or outside of, the contract; the benchmark reference fare for the "net negotiated fares" (i.e. fares negotiated by the travel agent for Government Departments) should be the lowest equivalent published fare less commission; the savings sharing arrangement will only arise in the case of net negotiated fares for the ten top destinations, which on the basis of figures for the three month period March-May 1999 represent about 28% of total expenditure; the savings sharing will be calculated on a ticket basis comparing like with like. Thus the net negotiated fare will be compared to the published fare, less commission, for the same class of ticket, on the same airline, on the same date of travel, at the time of booking the flight.

He stated that the agreement also included conditions about the verification of fare levels and billing arrangements to be agreed with Departments.

The consultants noted that the Department of Finance travel policy requires that VFM assessments be carried out on frequently travelled routes. None of the Departments had formally addressed this requirement and documented their findings. However, it was evident that VFM considerations were taken into account in arriving at non-recoupable travel decisions.

The consultants recommended that such VFM assessments be carried out and also expressed the view that Departments may not have sufficient guidance or expertise to carry out such assessments.

The Accounting Officer informed me that a workshop to assist Departments in carrying out VFM assessments of their foreign travel, on the basis of their most frequently travelled routes, was organised by his Department in June 2000. The workshop produced a template which can be used by Travel Officers in doing VFM assessments. It was agreed that the four central VFM considerations were effectiveness, efficiency, economy and equity (to both carriers and travellers).

The consultants noted that consolidated fares, which were purchased in bulk by the travel agent's wholesale division from the different Air Carriers, were cheaper than carriers' published fares but that these savings were not passed on to Departments, as contractual arrangements between the agent and the carriers prohibited this.

The consultants felt that the profit being generated by the travel agent on consolidated fares, and which were not being passed on to Departments, did not appear to be in compliance with the agreements between the travel agent and the Departments and that the matter should be taken up with the agent by the Department of Finance.

The Accounting Officer informed me that the prices paid by Departments to the travel agent for these tickets were the minimum which the travel agent was allowed to charge under his agreement with the Air Carriers. This price would be higher than the price paid to the Air Carriers by the travel agent and he accepted that it was in breach of the agreements between the travel agent and the individual Government Departments. However, he pointed out that these fares only accounted for 5% of total expenditure and stated that in the light of the contractual position between the travel agent and Air Carriers, his Department had agreed to pay the travel agent the minimum selling price for these tickets excluding commission, but reserved the right to review the position following the next audit by the Department's consultants.

The consultants noted that no Department had reported a decrease in administrative costs even though such a decrease might be expected as a result of routing all travel arrangements through a single travel agent. They also noted that travel insurance was not provided as standard by the travel agent and that where this was required it was an additional cost which was separately invoiced. This created additional administrative work for Departments and there was also some uncertainty among Departments as to whether or not they should avail of insurance cover.

The consultants recommended a single billing arrangement for insurance costs and shared savings, as a way of reducing much of the administrative burden and cost. However, they also expressed the view that both Departments and the travel agent had to go through a learning process in the early stages of the new arrangements which would give rise to higher administration costs.

The Accounting Officer stated that his Department was arranging to obtain information from Departments in relation to administration costs. He pointed out that equity considerations (i.e. the need to be open and transparent in all dealings with suppliers) could diminish efficiency and that there would appear to be administration costs associated with the operation of the travel policy which may not have arisen previously. However, he felt that administration costs would decrease once certain initial teething difficulties had been resolved.

He also stated that his Department had with effect from July 2000 negotiated travel insurance cover for all Departments to cover such matters as medical and accident costs and loss of baggage, but excluding death gratuities as these were provided for in the Civil Service superannuation schemes.

The consultants noted that Departments were generally not aware of the quantity of frequent flyer points which may have accrued to individual flyers and in those instances where the flyer selected the carrier it was not clear whether or not the accumulation of flyer points had an influence on the selection of carrier.

The Accounting Officer informed me that the position on frequent flyer points was being considered in the context of a Code of Ethics currently being prepared for the Civil Service.

Inquiries made by my staff in the Department of Finance and a selection of other Departments indicated that a number of other issues also raised by the consultants were being satisfactorily addressed.

Mr. Purcell

There are three paragraphs, of which we will deal with paragraph 9 first. In February 1999 new arrangements were put in place for managing air travel by civil servants. Following a tender competition a travel agency was appointed to provide agreed services in relation to foreign travel under specified terms. Hitherto, Departments had always made their own arrangements, but it was felt there were benefits to be gained in terms of cost and service by linking up with travel specialists.

The contract was for one year with provision for an extension of up to two years. The Department appointed consultants to monitor the new arrangements on an annual basis and paragraph 9 outlines the main findings and recommendations of their first review. As might be expected, they found it was taking time for the new arrangements to bed down satisfactorily and several operational problems were emerging. Since the date of my report, as recently as last week, the consultants' report on their second review of the arrangements has come to hand and it might be more meaningful for the committee to consider the position from that perspective.

Their overall current assessment is that Departments were in compliance with the travel policy, which laid down certain principles and guidelines to be followed in the selection of air carriers, and had endeavoured to obtain best value for money. However, they express concern that Departments had not carried out value for money assessments on whether they were achieving realisable savings under the new arrangements and that many Departments had not developed and promulgated their own travel policies. Another cause for concern was that there had been no reported decrease in the cost of administering the travel management function in Departments, which was one of the main aims of the initiative. They also reported that there appeared to be more scope for the use of economy class tickets, particularly where the costs were being met by third parties such as the European Union.

The message seems to be that savings are being achieved, but more has to be done before it can be said with any confidence that best value for money is being obtained from the new arrangements.

Mr. Hurley, do you wish to make a brief opening statement? We have had a policy in recent times where we request Departments to send in an opening statement to members. Sometimes we get long, rambling dissertations which hold up meetings. We are anxious to speed up the process for everybody. Have you some opening comments?

Mr. J. Hurley

I do not propose to make a long opening statement, but to take each item as it arises. On travel policy, the Comptroller and Auditor General referred to what has taken place over a number of years in seeking to get better value for money in this area. Undoubtedly, the travel policy that has been adopted and put in place across the Civil Service is giving better value for money. The savings have been increasing. We have, probably, saved about £500,000 per year. These are significant figures. As a consequence, we have moved away from a single carrier. We have appointed travel officers in different Departments and gone to tender for a single travel company to deal with Civil Service travel. That contract is due for renewal shortly, when we will go to tender again.

The consultancy report on how these arrangements are operating across the Civil Service is carried out by independent consultants. Any of the points raised by them are taken up and corrected or improved. The Comptroller and Auditor General said the system is bedding down. That is true. It is taking a little time to bed it down because it was a significant change. However, the benefits are already being seen in terms of better value for money.

I will be happy to respond to questions.

Did we pass over the Vote for the President's Establishment?

We are dealing with the items in sequence.

It is not in the sequence of the agenda. I note that from 1999 each Department had to appoint a travel agent to look after foreign travel. There was a budget of £6.1 million. Why was one travel agent appointed for all Departments? You seem to have moved from a single carrier to the appointment of one travel agent for all Departments. Would that not create a monopoly or does it yield the best value in reducing the cost of foreign travel?

Mr. J. Hurley

That is the way it happened when we went to tender on the last occasion. It is not essential that there would be just one travel agent for all Departments. There were different groups evaluating this, with outside expertise to ensure the process was in order. It just happened on that occasion that one agent was selected by the different groups. A very competitive tender was put in by the company concerned, but it does not follow that that would always be the position. We are going to tender again in the second half of this year and it does not follow that the same company will be selected.

Obviously, it is not essential, but is it desirable that there is one contractor? Was the contract extended or did it go to tender again? Has the same travel agent had the contract for all Departments since 1999?

Mr. J. Hurley

No, there was no other tender arrangement since that time. There was a capacity to renew it on an annual basis, which it was, because the outcome of the arrangement was working well. However, there will be another opportunity to go to tender in the second half of this year. It does not necessarily follow that the same company will emerge from it for all the organisations. It so happened the last time that that was the result. On the basis of the competition, the different groups considered the company concerned to be the best value for money, but it does not follow that there will be just one company the next time. It was a surprise that all groups selected just one company.

We have an open mind. The competition next time could yield an entirely different result. It is a tender competition with a process auditor from outside the Civil Service overseeing it to ensure the procedures are properly conducted.

Would it be a better system if Departments had different travel agents? There is no competition among travel agents for producing the best value for money.

Mr. J. Hurley

When advertisements are put in the newspapers for tendering anybody can submit a tender. It seems that last time a competitive tender was placed by the company in question and, clearly, all the groups thought it was the best one. Each group had to consider on its merits each tender from those who competed for the different contracts. That is what emerged from the process with the benefit of an outside process expert ensuring the system was conducted carefully and properly. I could not say at this stage what the outcome of the next tendering arrangement will be. We were surprised that the contracts went to one company the last time.

I share your surprise. When is the next tendering competition?

Mr. J. Hurley

As the existing contract expires in February-March 2002, we expect the new tender process to commence in the second half of this year.

Will it be for a three year period again?

Mr. J. Hurley

It will, probably, be on the same basis, which would be for a three year term, but renewable on an annual basis. That is the way it was suggested it would work on the last occasion.

Will you comment on the benchmark fares being excluded in the commission?

Mr. J. Hurley

That was a point on which we were in discussion with the travel agent early on. The Comptroller and Auditor General referred to it and in my response I indicated that it has now been dealt with. An agreement has been reached in relation to the commission being excluded from the benchmark fare. The points about which the Comptroller and Auditor General was concerned have been dealt with and are reflected in the report. That point was not resolved at the beginning, but was resolved shortly afterwards.

The consultants noted that Department of Finance travel policy requires that assessments be carried out on frequently travelled routes, but that none of the Departments had formally addressed this requirement and documented its findings. Will you comment on this? Why did the Department not address it?

Mr. J. Hurley

That is correct. We were most unhappy about it and spoke to the Comptroller and Auditor General. In order to deal with the matter we, together with the Comptroller and Auditor General, brought Departments together and held a training programme for them to fulfill this requirement. We are disappointed that this has not happened and have been in touch with the Departments asking that it happen now, following the training programme and the discussion with the Comptroller and Auditor General. The Deputy can take it that this aspect will be followed up by the Department of Finance.

I note further that the consultants felt that the profits being generated by the travel agent on the consolidated fares, which were not being passed on to Departments, did not appear to be in compliance with the agreements between the travel agent and Departments and that the matter should be taken up with the travel agent by the Department of Finance. Has that been done and, if so, what was the result?

Mr. J. Hurley

It has been done. The Comptroller and Auditor General commented on it. In addition, it has been dealt with by the external auditor of the company who came in to look at this. The point at issue was in relation to consolidated fares. There is a legal obligation on the agent to charge a particular fare to the client. We asked the consultant when he was examining it if that was a legal requirement and in his latest report he indicated that it is a legally binding requirement on the agent.

To deal with the point you raise, we will have to see, in the context of the negotiation of the next agreement with the agent, whether we can get credit on that point. It appears that, legally, the carrier is bound to charge those fares and the consultants, Deloitte and Touche, who looked at this independently, have confirmed that that is the position. The only arrangement we can make is, possibly, in the context of the next contract which will be put out to tender in the second half of this year.

In other words, you were tied into the contract for three years and that could not be changed. However, as I pointed out in my previous question, the agreement between the travel agent and the Department was not complied with, given that the consolidated profits being generated by the travel agent were not passed on to the Department.

Mr. J. Hurley

Yes, but——

They appeared to be in the agreement between the travel agent and the Department. If so, why was it not carried out?

Mr. J. Hurley

There is a point here. When we followed it up it was found that it was legally binding on the agent because the agent would not get consolidated fares from the air companies unless it operated on a particular basis. Therefore, it had to charge particular fares which were nominated by the carrier. This point has been followed up by the consultant. In fairness to the travel agent in question, it could not legally do anything else or it would have been in breach of its contract. The only redress is that we will have to see in our negotiation with the agent in the future and in terms of the fees the agent would get in future whether some adjustment can be made to deal with the point you make. This is the only way it can be addressed in the future.

It is not a significant part of the contract. The fares about which you are speaking only account for about 5% of the overall level of travel. Nevertheless, it is a saving that should accrue to the Exchequer. After considering the matter, the only way we can deal with it is in the context of the next negotiation on the basis of the advice we have been given.

It appears the Department was unaware of the quantity of frequent flyer points which may have accrued to individuals. It was not clear whether the accumulation of these points had an influence on the selection of carrier. Would you like to comment on this? Did the accumulation of frequent flyer points have an influence on the selection of carrier?

Mr. J. Hurley

There are two aspects to this. This is a matter which has been specifically considered by the Government. In the context of the code of ethics or code of practice for civil servants, which is being finalised and which will be debated before another committee, the Government has decided that, because some of those involved travel at weekends and in their own time, they should be allowed to retain frequent flyer points. It is a Government decision.

On whether the retention of frequent flyer points could have an influence on the placing of contracts, the consultant from Deloitte and Touche was asked to look at this specifically. His conclusion in the latest report is that it did not have an effect. The reason for this is that, under the new arrangements, decisions in relation to travel are now centralised and taken away from the individual. On the basis of the guidance issued from the Department of Finance, a single officer is making the decisions. The conclusion of the consultant was that it did not interfere with the correct application of the new arrangement.

If there is a single officer and travel agent for all Departments, what control do we have over the matter?

Mr. J. Hurley

Let us take an individual in a Department who wishes to travel to a particular destination. He or she does not make the decision as to the nature of the travel, how he or she travels and with what carrier. It is made elsewhere by a single officer operating under the new value for money guidelines and by a travel agent independently of the officer. Frequent flyer points accrue to an officer individually. The conclusion of the consultant is that this would not influence the decision.

It would have to be accepted that there would have to be liaison between the officer concerned and single travel agents dealing with all Departments.

Mr. J. Hurley

That is correct, except that the central officer's decisions are audited by the outside consultant, Deloitte and Touche, and subject to audit on an annual basis. It is that auditor who has made these comments and, on the basis of that examination, is satisfied that it has not influenced the decision-making. That will continue to be done. It is the intention that the outside auditor would continue to be engaged and look at this periodically to ensure these new practices continue to operate to the standards at which they operate presently. The point the Deputy makes can continue to be evaluated as we move forward. As for the outcome of the new tendering arrangement, we do not know and cannot say in advance who will get the contract as a result of the new process in the second half of the year or how many contracts will be given to different agents.

It would be significant for one travel agent to be awarded the contract for all Departments for a period of three years.

Mr. J. Hurley

We did not expect that outcome on the last occasion. We had an outside processor to ensure the process was properly done. The reason for this, as we understand it, was that the tender put in was a very good one. This has now emerged in terms of the benefits to the Exchequer. In the first year of operation the savings were about 5%. They have now gone up to about 7.5%. There is a significant benefit to the Exchequer as a result of the operation of this mechanism.

On that point, there is a significant benefit to the Exchequer as a result of the saving, but when the policy was introduced in March 1998 it was on the basis of value for money. Although there is now a uniform policy, there has not been a decrease in administrative costs throughout Departments during this process. How many officers in different Departments are involved in the administration of travel despite the existence of a travel policy operating on the basis of value for money?

Mr. J. Hurley

It is accepted that administrative costs have not reduced. There are two reasons for this. One is the point made by Deputy McCormack. He was talking about the commission initially and how these fares were to be determined. The policy I gave in answer to him was not in place at the time. It has taken a significant amount of administrative time.

The second area where there has been an improvement - I may have touched on this in response to Deputy McCormack - is that initially we did not have a travel insurance policy negotiated centrally. We had to enter into a type of ad hoc arrangement. When we discovered this in the centre we entered into one contract to cover all travel insurance arrangements.

In relation to these two aspects, there, probably, was an administrative burden on Departments initially which, probably, is not on them now. Those aspects should improve the situation.

The other point to note is that we did insist that all Departments would have a new single officer involved in dealing with all travel arrangements. As I said in answer to Deputy McCormack, the purpose was to take the decision away from individuals and ensure there was fair play in terms of how these decisions were made as between different carriers. We put in place a single post in each Department to ensure that happened. That was an additional administrative cost, but I argue it was necessary to make sure the system was above board, that individual travellers were not making the decisions themselves in terms of how they would travel and that they were made centrally on the basis of the criteria we have discussed. My feeling is that we would need to look at the administrative arrangements again because we have made changes in the meantime which should help Departments. It remains to be seen whether these can bring about greater efficiency in terms of administrative resources.

Taking all this into account, we still have the type of savings which I mentioned. We have given the business outside the Civil Service to a travel agent, which is not unusual internationally. Overall, we have a much better and healthier mechanism now for placing travel arrangements across the Civil Service.

It is understandable that business would be placed outside and a good contract obtained from a carrier. The point is that it does not appear to have affected administrative costs between Departments. You have conceded that one person has specific responsibility for travel in each Department. That means a large Department, such as Agriculture, Food and Rural Development, only has one person involved in travel.

Mr. J. Hurley

I cannot say there is only one person involved in travel, but there is one person in charge of the operation. They are, probably, in the accounts area and there may be more than one person involved, but I cannot say that for definite. The fact that the administrative burden has not gone down would suggest that there is more than that involved.

In the latest report from the consultant from Deloitte and Touche, when he specifically examined the point you are making, he understood the point made about the changes that I have just mentioned, but did say there was a greater capacity or potential to use information technology to reduce the administrative burden. He has asked in the period going forward that greater attention be given to this. As far as the Department of Finance is concerned, that is what we will be trying to do now in the light of the report that has emerged and which the committee will shortly be getting from the consultant.

We would be interested in that report. I will leave the point except to say that in March 1998 you introduced a policy for value for money. You have achieved this on the contract side, but, if anything, the administrative burden appears to have increased rather than decreased. Whatever savings have been made on the contract side may have been eliminated on the administrative side. You are not aware of how many people are involved in travel in Departments.

Mr. J. Hurley

What the consultant says in his report is that the administrative burden has not reduced.

Mr. J. Hurley

It is a fair point. The point I am making is that this was an extremely complicated system to introduce across all Departments and Offices. It took a while to get up and running. There were the teething issues that I mentioned and discussed with Deputy McCormack which were resolved. We now have to focus a little more on administrative costs. Looking at the system overall and given the complexity of what it was necessary to implement, the savings are significant. In most cases the consultant has validated what we have been trying to do with the point that, in relation to administrative costs, we have more to do. I would accept that and we will do so.

Did you say there is a travel officer in every Department?

Mr. J. Hurley

Yes, essentially——

Is he or she exclusively responsible for travel by officials in that Department?

Mr. J. Hurley

Yes. Previously, all travel——

No, what I am saying is that at present there is a person whose full-time position is dealing exclusively with travel for other officials within the Department.

Mr. J. Hurley

I cannot say it is absolutely full-time, but that would be a main responsibility. In smaller Offices this would not be the case, but in large Departments, such as Agriculture, Food and Rural Development, Finance, Social, Community and Family Affairs and Foreign Affairs, the burden involved is significant. Prior to the new arrangement, all travel arrangements, costings and contacts with air travellers were done centrally. We now have a contract outside the Civil Service where a certain amount is dealt with by an independent travel agent on the basis of savings to the Exchequer.

I understand that, but the administrative issue is a serious one. Essentially, all that has changed is that, instead of an official in the Department of the Marine and Natural Resources, for example, ringing airlines, making bookings and ensuring tickets are paid for, that official, who wants to travel to Brussels, for example, rings the travel agent to check availability and the agent arranges a flight and sends the details to the official. Is that not the position?

Mr. J. Hurley

The purpose of and reason for this operation was different. It was to ensure there was competition——

Am I right in saying that is what happened? Let us deal in the real world for a moment. What happens in administrative terms is that if Mr. Hurley wants to go to Brussels, he dials the travel agent as one does in most businesses, says to where he needs to go and obtains his authorisation.

Mr. J. Hurley

The officer involved in dealing with travel would be contacted and would contact the travel agent. It should remembered that the officer involved has had to put this process in place. There is a lot of work across individual Departments to put this in place.

I am trying to get the picture. Can Mr. Hurley, as a civil servant, ring the travel agent once he has authority to travel, book the plane and go to Brussels?

Mr. J. Hurley

That is dealt with by a separate officer. The reason for that is, by and large, to ensure the individual is not involved in making the decision between carriers on how he or she travels.

Is it not the travel agent which determines on what plane a person will travel?

Mr. J. Hurley

That is right.

Therefore, there is not much point in having travel officers in individual Offices. Is that not the bulk of the administrative overhead?

Mr. J. Hurley

It is, but the travel officer——

In other words, as it is now an outsourced function and I imagine the tour operator would have customer service staff appointed to deal with it because it is a valuable contract, there is no need for a travel officer in every Department. Is that not right?

Mr. J. Hurley

We were asked in the various reports to put a travel officer in place to ensure this entire operation worked satisfactorily. It should be remembered that we were changing from a system where we did not have a travel policy or value for money and were essentially going on one carrier. We had to change this completely and ensure this operation was put in place afresh. It is a significant change.

Is the net point going forward that there is hardly a requirement for a travel officer and that this is the main part of the administrative cost? The reason this cost has not decreased is, even though we are outsourcing, we still have several hundred people who are travel officers with no function, but who are still a cost.

Mr. J. Hurley

That is the point I made in response to the Chairman. When we asked Deloitte and Touche to examine this, it said it wanted us to evaluate further options to reduce the administrative burden, of which one was to see to what extent we could use information technology. What I am saying is that it is an area of work for us.

I know, but it is not an IT issue. The Secretary General is missing the point. It cannot be an IT issue if the Civil Service outsources its travel arrangements and bookings. There is no need for a travel officer in each Department. It does not make a difference in terms of computers. If someone can ring the travel agent rather than the centralised chief of travel——

Mr. J. Hurley

If we take a large Department, such as Agriculture, Food and Rural Development, hundreds of officers would be travelling.

Yes, and they can all pick up a telephone and ring the travel agent, surely.

Mr. J. Hurley

They can, but at the moment we have a single travel officer in the Department who deals with these individuals and then contacts the travel agent. This is subject to review as a result of the report from Deloitte and Touche.

Once they get authorisation, why can they not just ring the travel agent and make their own arrangements or get the travel agent to make the arrangements, if that is agreeable?

Mr. J. Hurley

It is one of the protections in the system that I have discussed with Deputy McCormack. If a whole lot of individuals ring the travel agent to make their own arrangements, can one be certain that the arrangements made will be the ones that the individual wants and not necessarily value for money arrangements?

If the travel agent has been awarded a contract which requires it to choose the cheapest fare to Brussels available on the day the person indicates he or she wishes or has to travel for whatever business, there is no need for a travel officer. The administrative burden which has to be reduced is the unnecessary presence of a system to do something that is no longer done internally. Am I correct in understanding we have moved from a system, where the State had a chief travel officer and officers in each Department making calls and booking planes, trains, buses and God knows what, to an outsourced one where a tour operator is hired to do this job and that, despite this, we still have travel officers?

Mr. J. Hurley

The purpose of the travel officer has to do with ensuring there is no discrimination within the organisation, in other words, that individuals do not have pet travellers or airlines they want to go with.

If the travel agent books the tickets, there is no question of that happening. That is what travel agents do in the real world.

Mr. J. Hurley

There is a great deal of contact between the individual and the travel agent. This is the point the consultant made and to which I was responding——

Are you suggesting the travel agent could not be relied upon to obey its instructions? You are the client. Are you saying the travel agent would wilfully ignore the client's, that is, the State's, instructions to find the cheapest fare and, through repeated contact with civil servants, would purchase more expensive tickets? That is bizarre.

Mr. J. Hurley

This is a protection in the system. If the committee feels this protection ought not be provided, that is a different matter. At the moment, what it does is ensure there is fair play between the different carriers. If there is a view that this is not necessary to ensure equity between different carriers, we can certainly look at it, but the reason it is there is for protection.

When you say, "equity between the carriers", what do you mean? Is the State's interest not their profit?

Mr. J. Hurley

An individual is not involved in a decision in relation to how he or she actually travels.

They are not. If Mr.Hurley, acting on behalf of the State, hires a travel agent to make those decisions, it will be the travel agent which will make the decisions following Mr. Hurley's instructions, which are to find the cheapest or best value ticket on the day of travel. Why is additional protection needed?

Mr. J. Hurley

This was the view at the time. The travel policy has only been in place for a few years and the view was that this was a protection. I will certainly review it as a result of this discussion, but that was the rationale for it. Deloitte and Touche has asked us to see whether we can reduce the administrative burden further and has made suggestions. We will do this.

What is the administrative burden which has not changed? Is it staff? The bulk of the administrative burden must surely be these travel officers in the Departments.

Mr. J. Hurley

It should be remembered that we are talking about significant levels of travel. One officer can go to Munich or Brussels in different ways, but that officer might have to go on to another meeting in Berlin. The timing involved and when the officer must return are all logistical arrangements. That is looked at by the officer in the Department who then contacts the travel agent and tries to make the most cost effective arrangement. It might not be administratively convenient or possible if this was done throughout the Civil Service. One must look at the complexity of each travel journey. I might have to go to Brussels for a meeting and travel to Luxembourg to attend another meeting. The usefulness of having someone in the Department to deal with this element of the work could be important, apart from the protections I mentioned earlier. I will certainly look again at this aspect.

If Mr. Hurley, who is perhaps one of the most senior executives in the Civil Service, has to travel to Brussels does he ring the travel officer or does his private secretary do so?

Mr. J. Hurley

No, my private secretary would get on to the travel officer but most civil servants do not have that facility.

When you want to travel to Brussels, do you tell your private secretary who, instead of ringing the travel agent, rings the travel officer who then rings the travel agent? I imagine the company which wins such a valuable contract will base customer service operators in your office to facilitate you. My experience is that large customers in the private sector get dedicated full time customer service staff to handle these matters. This is a huge contract which is being awarded to a travel agent. Therefore, the company should be able to provide plenty of facilitators to keep the contract rolling. I do not understand why this intermediary service of a travel officer is needed.

Mr. J. Hurley

I do not think that would be commercially viable on the basis of the type of travel agents——

IBM would not have the luxury of travel officers to oversee travel arrangements. It seems to be a totally unnecessary overhead.

Mr. J. Hurley

In most cases in Departments this would not be a burden on the individual. One individual would be designated to deal with this work but it would be a burden in larger offices. I will look again at the matter. This provision was included for two reasons. The first reason I discussed with Deputy McCormack which is to ensure everything is above board and that individuals do not make choices as between carriers.

Is there a £6 million contract for the carrier involved?

Mr. J. Hurley

Yes, but they get a certain fee for that.

What is the value of the contract to the travel agent? Is it 5% of the £6 million cost of travel?

Mr. J. Hurley

They receive a management fee. Travel amounts to approximately £6.3 million, the gross savings on which would be approximately £786,000.

That is on the gross amount?

Mr. J. Hurley

It is the gross savings in this arrangement as against the old arrangement.

That is a huge saving on which you must be congratulated.

Mr. J. Hurley

The overall saving to the Exchequer amounts to £560,000. To take the £786,000, there is a management fee of £190,000, which is the carrier's fee. There is an overall saving of £596,000. That is shared between the Department and the travel agent, of which the travel agent receives £115,000. The total fee for the travel agent amounts to approximately £300,000.

It is a £300,000 contract for the travel agent?

Mr. J. Hurley

Yes. One can see that the staffing issues involved would not be possible unless the fees were to change significantly.

Three hundred thousand pounds is a very valuable contract.

Mr. J. Hurley

Yes, but one is talking about all the Departments. We were talking about the proposition of having an officer from the travel agent in the different Departments, which I do not think would be viable. What is possible as a result of this discussion is to see if we can continue to reduce the administrative burden. The savings to the Exchequer of approximately £500,000 are substantial.

They are very satisfactory.

Mr. J. Hurley

The benefit to the travel agent is £300,000 out of a contract of £6.3 million.

The general principle is that there should be no reason an executive like yourself who has a private secretary, or a more junior executive who does not have a private secretary, should not be able to ring a travel agent, indicate the time of travel and the location and have that facilitated by the travel agent, albeit under a value for money system. Therefore, there would be no question of getting pally with the travel agent and having exotic travel arrangements which would cost a lot of money. There is no need for an individual travel officer in each Department.

Mr. J. Hurley

We will review the matter in light of the Deloitte & Touche report.

It would be important also to have some central control because a big Government Department could easily get out of control. Perhaps that will come up in the report.

Given that you recoup approximately £1.9 million of the £6.3 million mainly from the EU, how much money does the EU owe Ireland for travel and for what period?

Mr. J. Hurley

I do not have these figures. That money is normally recouped subsequently. There might be delays in recoupment but we receive all the money we are owed from the EU in relation to travel.

Would the arrears be for a year, six months or two years?

Mr. J. Hurley

I think it might be a number of months in arrears but I cannot say this for certain.

Do we charge interest on that money when we are eventually paid?

Mr. J. Hurley

I do not think so.

It should pay interest if we are left waiting for six months to recoup the money. Perhaps you will provide us with that information.

Mr. J. Hurley

I will give the delay in terms——

The reason I am asking the question is that a number of my colleagues who travel abroad and try to recoup their expenses from the EU must now wait for a considerable period before recouping the money they have expended. Previously they could recoup the money at the meetings. Therefore, I am interested in receiving that information.

While value for money was referred to, I believe the document is a bit clinical in this sense. We talk about effectiveness, efficiency, economy and equity which would be fine if accompanied by consideration for people who must travel. Twenty five years ago or more when I began to travel to Salzburg and Brussels, the economy fares were twice as expensive as they are nowadays, in other words, Aer Lingus and other carriers are operating into Brussels and Salzburg at less than half the fare charged 25 years ago. Why should the Department of Finance not negotiate directly with the State carrier, Aer Lingus?

Mr. J. Hurley

This policy was introduced for two reasons, first, the bulk of the carrying was by Aer Lingus and there was a belief among other companies that was not fair. The EU felt there was discrimination against other carriers, therefore, it was necessary for the State to introduce a policy which gave an opportunity to other carriers to compete for business. It is true that competition in recent times has significantly reduced certain fares. Some of the fares on the Brussels route are a case in point because some of the competition has probably come about as a result of this type of policy which has yielded a reduction in fares and the savings to us probably reflect that. The policy was introduced because there had to be fair play between the different carriers. Court actions were going to be taken by different carriers and the EU felt competition had to be introduced. Other countries in Europe were moving in a similar direction.

The only other point I wish to make relates to economy class fares. While we would all like value for money, I would not like to see that happen at the expense of the health of members of the public service who must travel very long distances. I do not believe, for example, that someone should have to travel economy class for 14 or 15 hours non-stop and then be expected to get off the plane and represent the country at high powered meetings. While this is referred to in the document, it does not mean it would be at the expense of the health of people employed by the State.

Mr. J. Hurley

That is correct and it is a fair point. There is a difference between long travel and short travel, particularly if the flight involved is very long. There is flexibility within the arrangements for judgments to be made on that score. In fact, those judgments are made away from the individual concerned by the central person. There is scope within the arrangements to ensure these factors are taken into account. It is not an absolutely black and white diktat which says it must be an economy fare. There is flexibility to deal with the different circumstances.

And you can exercise that flexibility?

Mr. J. Hurley

That flexibility can be exercised. However, the arrangement we have put in place provides that it cannot be exercised by the individual who decides to travel; someone else must take a view on the matter.

I am aware of the economies Mr. Hurley is trying to effect in relation to the travel agent and so on. The problem of deep vein thrombosis has recently been associated with long plane journeys where people may be sitting in a small area. Is this aspect being factored in by the travel agent when one has to travel for ten or 12 hours? This is a new dimension to air travel which is causing a lot of concern.

Mr. J. Hurley

That is correct and the length of the journey is an important consideration in terms of the decision on the nature of the ticket. The length of the journey is a factor which is taken into account, but I cannot say more than that.

It is an important factor. If a journey was ten or 12 hours and an official was going on Government business, it may influence whether they would travel if they felt there was an associated health risk. The associated health risk may influence where officials travelling on Government business for ten or twelve hours may wish to sit on a plane.

Mr. J. Hurley

Yes.

I cannot understand the statement in page 7 of the report where the consultants noted that consolidated fares which were purchased in bulk by the travel agent's wholesale division from the different air carriers were cheaper than carriers' published fares but that these savings were not passed on to the Departments as contractual arrangements between the agent and the carrier prohibited this. Despite the answers already given to questions, where do the savings arise? I presume companies replying to tenders from a corporation wishing to place an order would have to be a very competitive. Is it true that the fares charged to the corporation should be considerably below those charged to other fare paying passengers at a particular time?

Mr. J. Hurley

In that particular case, if the company did not have this contractual arrangement, fares below those rates could be charged to the Department.

How does that square with EU competition law? It appears to be a contradiction.

Mr. J. Hurley

This was part of the examination done by Deloitte & Touche. I responded to Deputy McCormack on the same point. Given the contractual arrangement, we are advised that the only avenue currently open to us is to take this factor into account in the next negotiations. This issue must be opened up again when we come to that point in the second half of the year. Our information is that the level of business involved under consolidated fares is approximately 5%. It is not significant in the overall context. Nevertheless, there is a saving which we should be getting. It is our intention to try to get credit for this in the next negotiations. Our advice at the moment from the independent consultants is that that is probably the way to get it.

Given the current free market climate in which we live, I cannot understand how a carrier can say to a travel agent that they cannot charge below a certain figure for a particular group or groups, which would be a violation of EU competition law.

Mr. J. Hurley

It appears that if travel agents did not operate on this basis they would not get the consolidated fares reduction.

That is a restrictive practice which is banned under EU law.

Mr. J. Hurley

This is not satisfactory.

You are dead right, it is not.

Mr. J. Hurley

However, given that the contract is coming to an end and that we have a response from the consultant in relation to the specific point, the best approach is to deal with the issue in the negotiations which are about to commence.

Was it made known to the Department and to all other Departments that this restrictive practice would apply when the contract was placed in the first instance?

Mr. J. Hurley

I think the issue cropped up subsequent to that. We raised queries when we saw this was the arrangement.

I presume you raised the query with the travel agent. Is it correct that the travel agent then informed you that the carrier was applying a restrictive practice to the effect that the travel agent was not empowered to charge below a certain level in respect of the travel you proposed to put their way?

Mr. J. Hurley

Yes, that is my understanding. In the context of the consultant's examination, we received verification as to whether that was the position. My understanding is - I can come back to the Deputy on this - that the report from the consultant indicated that was the position and there was such a legal requirement. Having considered this in the Department in terms of trying to get that saving for the Exchequer, we felt it would be best to deal with the issue in the context of the new contract, which is just about to commence.

When will it commence?

Mr. J. Hurley

The tendering arrangements begin in the second half of this year.

Will you specifically stipulate that restrictive practices applied heretofore do not apply in this case?

Mr. J. Hurley

All we will be seeking credit for in terms——

You will not get credit for this contract, even though I wish you luck with it.

Mr. J. Hurley

No. However, in terms of the future, whatever the arrangements, we will expect to get credit for the savings on consolidated fares going to the agent.

Obviously this applies in respect of the national carrier. I presume all other carriers are similarly affected no matter with whom one books.

Mr. J. Hurley

My understanding is that when it comes to consolidated fares the same practices apply. I can confirm that.

Given that Mr. Hurley's Department is one of the biggest contacts in terms of arranging travel for Departments, etc., to what extent has there been a discussion with airlines to ascertain whether rock bottom or competitive pricing applies - for instance, on the transatlantic route, the Dublin-Brussels route or the Dublin-Berlin route? Because the Department, as a major corporation, does a lot of business with a number of airlines, to what extent is it possible for it to bargain with them?

Mr. J. Hurley

My understanding——

Let us not reiterate the same point.

Mr. J. Hurley

We do not do it directly any more. Once we engage a travel agent, the agent negotiates with the different carriers to get the best possible deal for us. As I said in response to Deputy Bell, because of competition, fare prices have undoubtedly changed.

As a result of negotiations undertaken by travel agents, there is a saving to the Exchequer of £0.5 million per annum; that has increased in recent years. It is a significant saving considering that the current system is not long in place.

I do not wish to delay the meeting but I am concerned that there appears to be a restrictive practice in operation in this regard which deprives a major customer from a concession to which they may be entitled. That is just one item and I hope that in many similar areas, the Department responsible will check to make sure the practices are not in violation of EU law. EU competition law is very strict in this regard. It seems that the current practice is at variance with everything the free market stands for. It is too arbitrary.

Mr. J. Hurley

We can certainly follow up those points and will be doing so in the context of the negotiations that are about to commence.

Mr. Purcell

I agree with what the Accounting Officer says. Before the Department adopted the new scheme, none of us knew much about it. One cannot know how something will operate in advance. The Department is now a lot wiser and more knowledgeable on the key issues, which will serve it well dealing with the next round of contracts. Undoubtedly, there have been savings and one should not lose sight of that fact. Clearly major refinements are needed, but we are in a better position now to know that.

Before we move on from the paragraph in question, Mr. Hurley has proven that there are travel savings. However, we would like to see some progress regarding administration because it appears there were no savings in that regard, which probably contradicts Mr. Hurley's original objective.

Mr. J. Hurley

I accept that. We said we would examine the points that have been raised. As regards the key point of the Chairman, I will see what measures can be taken to address it. The consultant has given us advice on how we should proceed, which we will follow.

Deputy Durkan is Chairman of the Joint Committee on European Affairs and he is concerned that we might violate European laws, competition laws, etc. As Mr. Hurley said earlier, he will consider that issue.

Mr. J. Hurley

I will. I thank the Chairman for making that point.

Paragraph 12 of the report of the Comptroller and Auditor General reads:

The Office of the Paymaster General (PMG) acts as the clearing bank for all Government Departments except for some payments made by the Office of Public Works, the Department of Social Community and Family Affairs and the Office of the Revenue Commissioners. All Payable Orders (POs) issued by Government Departments are drawn on a bank account maintained by the PMG in the Central Bank from which transfers of money are made on a daily basis to banks in respect of POs which they have cashed and into which moneys are lodged from the Exchequer to fund such transfers. In 1999 the PMG processed 4 million POs involving gross payment flows of nearly £34bn.

A computerised system is in operation for processing POs. Details of all POs issued by Government Departments are notified to the PMG each day on Issue Schedules which are entered on the Payable Order Reconciliation System (PORS).

POs when cashed by a bank are returned to the PMG together with summary listings showing the amount the bank is claiming in respect of the encashed orders. Details from the returned POs are also entered on the PORS (PO number and amount). The PORS produces reports showing details and value of the POs which have been accepted for payment (i.e. those POs where values and numbers match those on the Issue Schedules). It also produces details of POs which have been rejected due to PO numbers not matching or cashed amounts not matching issued values and cancelled or out of date POs. These reports are used to compute the amounts due to the banks in respect of valid POs which have been cashed by them and to provide details of the amounts which are not being accepted for payment due to the POs having been rejected as invalid.

At the end of each month the PORS produces statements for each Government Department which detail POs cashed, those which have been cancelled, those which are out of date and those which have not been cashed. These reports are distributed to the Departments to provide them with a record of the status of the POs which they have issued and to enable them to reconcile their records with those of the PMG.

The PMG is committed to abiding by the Inter Bank Clearing Rules and, in particular, to the requirement to process POs and to notify the banks of any errors or invalid POs presented for payment within two days.

Since all POs are crossed and therefore only payable through a bank account and since banks will not normally allow cash for such POs to be withdrawn from the bank account until the two-day clearance period has elapsed, then any errors, irregular amendments or cancellations attaching to POs should be detected before cash has been paid out.

Compliance with the two day clearing period is a key control in preventing cash being obtained for unauthorised POs and is the primary protection for the banks and the PMG against the encashment of unauthorised POs. In this respect the availability in the PMG of a quick, accurate and reliable method of capturing the PO number and amount in an electronic format for each PO returned by the banks is vital.

An optical character-reading (OCR) scanner1 was installed in 1997 to electronically read the PO numbers and amounts and to produce this information in an electronic format to be loaded on the PORS. Prior to the introduction of the scanner this information was manually entered.

An audit by my staff of the PORS, compliance with the two day clearance requirement, and the purchase and performance of the scanner, noted the following:

While funds to the value of the cheques presented to and claimed by banks were being transferred to the banks on the same day in accordance with the inter bank agreement, the PMG was not processing and clearing POs within the two-day time limit for long periods during 1999 and, in fact, was taking up to 15 days to process POs and notify the banks of POs which it was not accepting. The failure to meet the clearance deadline was mainly due to the failure of the scanning equipment to perform to the expected standard.

The decision to acquire a scanner was made in September 1993, when a Request for Proposals (RFP) was issued to potential suppliers for a scanner with OCR software (and associated hardware) to process POs. The RFP was issued to 8 suppliers, 4 of whom replied. All proposals were greatly in excess of the GATT/EU limit for open tendering procedures; initial estimates, based on sample figures supplied by a number of vendors, had indicated that the Department would be within those limits. After discussions with a representative of the Government Contracts Committee, it was decided to place an advertisement in the EU Official Journal. Ten proposals were received by the due date (18 March 1994).

In the RFP a scanner was sought which was capable of reading POs produced using the 10 cpi OCRB font, in line with instructions issued to Departments by the PMG on fonts in 1989. In the course of evaluating the proposals the PMG sought confirmation from Departments that they were complying with the 1989 instruction. It transpired that many Departments were not conforming to the font requirement and the PMG experienced considerable difficulty in establishing what fonts were being used. Many Departments were unclear about the fonts in use, others were reluctant to incur the cost of acquiring new printers to meet this requirement, while the fact that the 10 cpi OCRB is considerably slower to print than other fonts was a major factor for some Departments. The PMG concluded that it would, therefore, be impossible to guarantee that 10cpi OCRB would always be used and, as a result, decided that a scanner capable of handling multiple fonts would better suit its requirements and avoid a situation whereby a scanner incapable of handling a large percentage of their throughput would be installed.

It was therefore decided to cancel this competition in August 1994 and on the advice of the Government Contracts Committee to open a new tender competition.

Following this tendering process, a company was awarded the contract in July 1996. The scanning hardware was delivered on 9 December 1996 and the software, after several months delay was received on 31 July 1997.

Payments to the contractor for the purchase of the scanner and related hardware, software and maintenance amounted to £508,330 (inc VAT) in the period 1996-1999.

The scanner has never performed at or near the levels specified in the contract. An exercise undertaken by the PMG in 1999 found that the performance of the scanner was such that it would take shifts of five operators a total of 12 hours to process 20,000 POs, compared to a standard in the contract of two operators processing 40,000 POs within five hours. The character recognition error rate ranged from 10% to 25% which compared very unfavourably to the target error rate of 2% stated in the contract. The poor performance of the scanner contributed to the difficulty which the PMG has experienced in the years 1997 to 2000 in complying with the two day limit agreed with the banks for clearing POs and to an increase in staff overtime and the need to contract out work to a data entry bureau. In tests carried out on the equipment prior to purchase, a character recognition error rate of 6% was indicated.

The staff complement in the Banking section of the PMG as at June 2000 was 27, compared to 25.5 in 1996, prior to the installation of the scanner. Staffing which was expected to decrease by about 6 due to the automation has instead slightly increased. Furthermore, figures received during the audit indicated that overtime, which was expected to reduce on the acquisition of the system, had in fact significantly increased. In addition, £38,155 and £75,437, respectively, was expended on contracting out data entry work in 1998 and 1999.

The purchase contract for the scanner provides for the archiving of POs and the storing of images of POs electronically. This would reduce the necessity for storage of copies of POs and facilitate retrieval. To date, archiving in the system has not performed to this standard and, for this reason, the final payment due to the contractor has been withheld. As a result the physical storage of POs has not been reduced.

The scanner was out of operation for the period 26 April 2000 to 11 May 2000 due to a computer virus (the so called Chernobyl Virus). This was a serious incident because if the virus had been passed to the PORS it could have seriously damaged it and could have travelled through the main Department of Finance server to all other departmental locations. It would appear that there was a risk that this could have happened due to the fact that certain anti-virus software had not been installed in the scanner or the PORS. Anti-virus software was subsequently installed. As a result of the virus all programmes in the scanner were replaced along with several pieces of hardware.

In or about February 2000 a number of POs presented for payment by banks did not accord with details on record in the PMG. It transpired that the POs had apparently been stolen and the amounts payable amended to much larger values. One PO for £244.68, dated 15 December 1999, had the amount payable changed to £7,244.68. The PO was lodged to a bank account on 17 February 2000 and sent to the PMG for payment on 18 February who transferred the relevant funds to the bank on that day. The PMG on processing the PO on 29 February detected the irregularity and notified the bank immediately. However, by that time £5,239 had been withdrawn from the bank account. The balance of £2,005 has been transferred to the PMG, who sought legal advice from the Office of the Attorney General on how best to pursue the £5,239 paid out by the bank. Ongoing consideration is continuing in light of that Office's advice. Successful action was taken in time in relation to the other POs irregularly amended so that no undue moneys were paid out by the banks. The Gardaí have also been notified.

I sought information from the Accounting Officer in relation to these matters and, in particular, the consequences and financial risks of not processing POs within the two day time limit, when compliance with the requirement was likely to be achieved and if it was likely that the performance of the scanner could be brought up to an acceptable standard. I also enquired as to previous irregularities in relation to the encashment of POs, the security procedures in place in Departments for the safe custody of POs and if any new measures were being considered to reduce the risk of irregular encashment of POs.

The Accounting Officer stated that:

The Clearing Rules were an administrative arrangement for the efficient clearance of cheques and POs and did not specify the consequences of failure to comply with the requirement. The right of the banks to retain payment collected for a customer did not stem from the Clearing Rules per se, but from the Cheques Act 1959, section 4 of which provides that:

Where a banker, in good faith and without negligence,

(a) receives payment for a customer of an instrument to which this section applies or,

(b) having credited a customers account with the amount of such an instrument, receives payment thereof for himself:

and the customer has no title, or a defective title, to the instrument, the banker does not incur any liability to the true owner of the instrument by reason only of having received payment thereof.

The practical implication of not returning unpaid items in time was that, so far as the presenting bank was concerned, the item was paid and it would not accept any attempt by the PMG to recover the money by adjusting a subsequent day's settlement. The procedure then was that the PMG should be reimbursed by the Department that issued the PO and the onus was on that Department to seek redress from the recipient of the money. To the extent that this was not successful, the loss was borne on that Department's Vote. In practice, the banks had been flexible about the timing provided funds had not cleared their customer's account.

No specific legal advice had been obtained by the PMG on the legal consequences of non - compliance with the two-day processing deadline in the event of disputes between the PMG and the banks on the question of liability for losses incurred from the irregular encashment of POs. However, advice from the Office of the Attorney General in relation to the irregularity in February 2000 indicated that the bank was liable for any unrecovered funds and, in seeking the advice, the Attorney General's Office was made aware that the PO had not been processed by the PMG within the two-day time limit.

The failure to meet the two day clearance deadline was due to increased volumes of work, significant variations in the level of work during the year, difficulties with the operation of the scanning equipment, staff turnover, diversion of resources to the introduction of a new computer system for processing POs, poor co-operation from some Government Departments in relation to the standardisation of PO formats, print quality and delivery of payment authorisations and a deterioration of the paperwork submitted by some banks.

The PMG was not complacent about the need to meet the clearance deadline and to this end work practices and problems were being actively reviewed and it was proposed to commission CMOD2 to carry out an in-depth study of the PMG banking operation before the end of October 2000. A range of options had been identified to improve performance which included, improving the performance of the scanner, employment of key punch operators, out-sourcing some or all data entry work, reducing the volume of POs by increasing the use of electronic payments, use of commercial bank accounts to pay farmers, shift work and use of temporary staff. The cost and feasibility of the different options would be explored and there would be full consultation with unions and staff as the changes required to ensure that the clearance deadline is consistently met may be radical. Two staff officers had recently been assigned to the PMG Banking section who had been given particular responsibility for training, the development and use of procedures manuals and examination of improvements in processes. Detailed instructions about the printing and cutting of cheques and the delivery of authorisations to the PMG have been issued to all Departments. Moreover, demonstrations of the scanner and other PMG processes were arranged for those handling POs at operational levels in all Departments. The response had been positive. The PMG's concerns about the standard of work from the presenting banks have been raised formally with the chief executives of the banks and meetings have been held to try to resolve issues, with positive results. An officer has been assigned to monitor the banks and Departments and to maintain standards.

In relation to the performance of the scanner, there were technical problems associated with its operation over which the PMG had very little control, due in large part to the number of organisations and people who handle POs and so affect their condition. Departments affected the read rate by faded print, using too small a font, incorrectly guillotining the POs and printing too close to the edge of the read area. Banks affected the scanner by stamping or writing on, or close to the read area. Finally, the payees caused difficulties by creasing the POs, tearing them and otherwise mishandling them. There were also difficulties caused by variations in PO layout and colouring. A major effort into revising PO layout had been made and the number of variants had been reduced from 22 to 5, but there had been poor co-operation from client Departments in adopting the new layout. For these reasons the recognition software had not lived up to expectations and it was exceedingly difficult for the PMG to exercise quality control because of the number of clients producing POs and the number of bank branches handling them.

Three years after its installation the performance of the scanner had not been anywhere near the expected standard. The archiving function was not operational at all and maintenance of the system was also unsatisfactory. Since the successful introduction of the new PORS computer system in 1999, it had been possible to devote more attention to the problems of the scanner and there had been considerable improvement in recent months but it was still not performing to specification. Concerted pressure had been brought on the supplier, who had carried out work on the system in recent months and, as a result, there had been a considerable improvement in the mechanical operation and character recognition rate. Concerted pressure had also been brought on Departments to improve print quality. The error reading rate had been reduced to 4%, and as a result the processing of POs has been within or very close to the two-day clearing deadline. It was hoped to effect further improvements in processing time through training of operators and closer monitoring of print and PO quality generally.

There were a number of reasons as to why the pre-installation tests of the scanner proved to be so inaccurate compared with full live operation, including non-use for security reasons of live current POs at the development stage, older POs not being suitable for use in tests because of variations in print and layout and problems associated with the handling of POs by payees and banks and with faint printing not being fully anticipated.

The effort required to implement the new PORS system within Year 2000 compliant deadlines fully stretched the resources of the PMG and entailed compromises with the timeliness of the daily processing and with the development of the scanner.

The planned decrease in staff within the PMG banking section did not take place because the productivity levels envisaged for the scanner were not achieved. Additional staff had also to be maintained to ensure that the PORS was Year 2000 and euro compliant. Staffing levels would be evaluated as part of the forthcoming CMOD review.

While the delay in acquiring the scanner and the failure of the equipment to perform to expectations might imply that there had been failures by management in planning and implementing the project, the reality was that many of the problems and difficulties encountered were outside the control of the PMG. In this connection the Accounting Officer referred to the unprecedented levels of staff turnover, increase in volumes of payments, a printing malfunction in the Department of Agriculture Food and Rural Development in 1997 which had caused chaos in the PMG processing system and in the bank clearing system generally, slow response by Departments to adopt the PO layouts devised for the scanner and delays in the completion of payroll replacement projects in Departments. The resulting disruptions had caused havoc with the implementation schedule for the scanning project.

There were serious technical difficulties in relation to the storing of POs electronically and while the supplier has tried a number of different solutions none have been successful. The supplier had assured the PMG that he was continuing to explore ways of resolving the problems and he was confident that a solution could be found. Payments of £38,000 had been withheld from the supplier because of the archiving difficulties experienced.

Anti-virus software was installed as a matter of course by Network Support staff of the IT Unit on all file servers and networked PCs in the Department. In addition, standalone PCs with anti-virus software are situated in all the Department's buildings, including the PMG office, and staff are instructed to use these to check any software received on diskette or CD-Rom. As the PCs attached to the scanner were not connected to the main Department of Finance network, input to the scanner system was possible only via diskette or CD-Rom. All such media should first have been checked on the standalone virus checking PCs. It is believed that the virus in question originated, not on a data diskette from any of the PMG's clients which were all virus checked, but rather on a system diskette used to update the scanner software itself. This represented a gap in the security procedures and anti-virus software had now been installed on all PCs and servers used in the scanner system.

As regards the possibility of a virus transferring from the scanner to the PORS, the PCs on the PORS are part of the Department of Finance network and therefore had virus-checking software installed in line with all other PCs on the Department's network. Any virus attached to files being transferred from the scanner system would therefore have been detected at the input stage.

The fact that virus checking software was not installed on the PORS servers until May 2000 was due to an oversight arising from the division of responsibility for such matters within the IT Unit at the time. It appears that lack of familiarity with the correct procedures arose due to changes in personnel and this had now been addressed. Network Support staff, who are responsible for the maintenance of the anti-virus software, now had responsibility for all computer hardware within the Department, regardless of source and a mechanism had been put in place to ensure that they were aware of all developments on this front.

The PMG had made it clear to the supplier that it was confident that the virus had not originated in its office and shortcomings in the supplier's virus-checking procedures were also pointed out.

There had been no other incidents in the past 5 years of the encashment of forged or altered POs. However, there had been cases of valid POs being stolen and encashed, and POs being encashed despite having been cancelled by the issuing Department. In those cases in which recovery was not made from the bank because of non-compliance with the two day processing period, follow-up action would have been taken by the issuing Department and the PMG would not necessarily be aware of whether or not the loss was subsequently made good. However, the perception was that the total number of such incidents was small and the level of complaints from Departments was low, which would seem to imply that losses were very few.

There were also cases of what were originally valid POs being encashed after they had gone out of date, i.e. more than 6 months after the date of issue. These amounts were all recovered from the banks. There had been an inordinate number of these recently which was indicative of a lower standard of care being taken by the banks and this matter was being taken up with them.

The security features incorporated in the design of POs were currently being reviewed in view of the apparent sophistication of the alterations made to the POs in the February 2000 irregularity. At present POs had incorporated all features recommended by the Irish Banks Standing Committee, with the exception of one, which would interfere with the operation of the scanner. However, to compensate for this, the PMG had additional security features and its stationery was regarded as being generally more secure than cheques.

The PMG had met with its printers to explore what further additional features might be included in its POs and these were being costed but it was probable that new features would only be introduced for the new euro stationery.

Strictly speaking, POs were non-negotiable and non-transferable, but there was a long-established practice of POs being cashed by shopkeepers. Restricting this would be seen as detrimental to customer service and would also impact on payments made by the Department of Social, Community and Family Affairs and was therefore not a course favoured by that Department. However, there was a case for requesting the banks to exercise more care, especially for POs involving larger amounts and a joint approach from various public sector paying agencies should be considered.

There have been guidelines in place for many years about the safe custody of PO stationery, accounting for wastage, etc. These were clearly working well, as there had been no cases of stolen cheque stationery being used fraudulently in recent years.

The indications were that the stolen POs involved in the irregularity, which were issued by the Department of Defence, were not stolen from that Department's premises nor were any staff of the Department involved. Arising from the irregular encashment of the pension POs in question, that Department's Internal Audit Section undertook a review of the controls in operation in the production and issue of POs for the monthly pensions payroll of approximately 11,500 cases. The review concluded that, having regard to considerations of practicality and reasonableness, the controls in place were adequate and satisfactory.

Mr. Purcell

Paragraph 12 records the results of an examination by my staff of the processing of payable orders by the Paymaster General's office. It is a major operation involving a throughput of four million payable orders per annum, representing gross payment flows of £34 billion. It is a time-critical system because, under the inter-bank clearing rules, payable orders must be processed within two days of their having been presented for payment. Any errors or invalid orders must be made known to the banks within that period. This clearing period is the primary protection for the PMG and the banks against the encashment of unauthorised payable orders.

For long periods, the PMG was unable to meet the deadline. In some cases, it was taking up to 15 days to process the cash payable orders. The paragraph outlines the main factors that militated against the PMG meeting the two day clearing rule. A scanning machine failed to perform to the required standards and there was a high staff turnover. Occasionally there were sudden increases in the volume of payable orders to be processed. There were difficulties with the standardisation of payable order stationery used by Departments. The failure to meet the two day clearance deadline increases the risk that fraudulent payable orders will not be detected within a reasonable period.

This is what happened in February last year when a number of payable orders were stolen. The amounts were altered to much higher values and presented for payment. Fortunately, because of branch vigilance and other factors, only one altered payable order made it to the stage where cash could be obtained fraudulently. This resulted in the loss of £5,239 which, to date, has been met by the PMG. One could say it is not a huge amount, but it is probable that there are grounds for recovering it from the bank in question. However, that is not really the issue to which I am drawing attention.

I understand that the PMG's performance in adhering to the two day clearance improved in the second half of last year, but it deteriorated again in the first few months of this year. The main problem now causing the PMG not to meet deadlines is not the scanner, which is working satisfactorily, but the staff resource difficulties.

The CMOD section of the Department has undertaken a study of the PMG's banking operation, and the report is soon expected. A move towards the electronic transfer of funds, particularly regarding grant and premium payments to farmers by the Department of Agriculture, Food and Rural Development, would bring about an improvement. Such developments offer some hope of sustained improvement in performance without leaving the PMG and the State exposed to the kinds of problems that might arise in the event of fraudulent payable orders passing through the system that are not detected in time.

Mr. J. Hurley

The Comptroller has referred to an examination being conducted by our CMOD section. He referred to the huge scale involved - four million cheques per annum, which may now be closer to 4.5 million. About 40% of those cheques come from the Department of Agriculture, Food and Rural Development, a figure that has increased significantly in recent times. The difficulties the PMG operates under are the large scale and the volume of cheques. Hundreds of thousands can be issued at very short notice and it is very difficult to cope with them. This backs up the system.

The issues that have arisen in the report have largely been dealt with. The scanner is operating much better, as is the reconciliation system, but there are often glitches in computer systems. We have a 50% turnover in staff, which is not peculiar to our part of the Civil Service. The real problem is the fluctuating volume of cheques we receive, especially those coming from the Department of Agriculture, Food and Rural Development. When the volume of cheques increases substantially, we have great difficulty meeting the two day deadline. As regards doing something substantial to address the problem, we will be taking seriously the imminent recommendations that will be published in the report of the CMOD.

About a year ago, the Seán Cromien report was issued, which dealt with agriculture, the computerisation of the financial function of agriculture and the specification for dealing with the new financial arrangements. That system is expected to go on-line in July 2001. It has a facility for the electronic transfer of funds which will ensure that far fewer payable orders will be issued by the Department of Agriculture, Food and Rural Development. This must be achieved.

Periods when cheques arrive in large volumes from the Department of Agriculture, Food and Rural Development do not occur very often, but when they do, we are put under enormous pressure in terms of adhering to the two day deadline. There have been significant improvements since the Comptroller's report and our own examination, and the long-term measures we are taking should also help significantly.

How did a two day limit take up to 15 days? Perhaps it has partly been explained by Mr. Hurley. As regards the scanner that did not perform to the level specified in the contract, was there a reduction in the contract price as a result?

Mr. J. Hurley

Regarding Deputy McCormack's first question, when there is a pile-up of hundreds of thousands of cheques, the two day deadline cannot always be met, and one can go quite a number of days beyond it for a very short period before being able to meet it again. We have improved in this regard, with the possible exception of one period earlier in the year. The objective is to meet the two day deadline in all cases.

Deputy McCormack referred to the computer system. We held back a sum of money from the computer company concerning a particular function that was not satisfactory. We held it back until corrections were made, and then paid it. In terms of it not working to the expected standard before the computer system was installed, in retrospect the expected standard was probably unreasonable. The reason for that is that some of the tests done to determine the standard were on new, unsoiled or unmarked cheques. A real cheque goes through many hands and is stamped by one or more banks. The photographing equipment of the scanner found it harder to scan cheques that were bent and soiled.

We think we are as close as we could possibly get to what is reasonably expected in terms of operational efficiency. The supplier has put in an enormous amount of work to achieve that. Overall, we are now happy with the technology, but it is not so much the technology that is causing the difficulty but the volatility of the payments.

One area in which the Comptroller has been particularly helpful relates to the practice in the Paymaster General's office, as in the Exchequer, where we balance to the penny. Most financial institutions do not do that - they balance to the pound or the nearest 50p. In consultation with the Comptroller, we have established a pilot project to ascertain whether we can balance to the pound. In doing so, we discovered that one could cater for 40% of the discards. When one tots up the overall loss or gain to the Exchequer, one arrives at figures as low as £9 or £10. We could resolve the issue with the Comptroller and ease considerably the difficulties the PMG's office is facing if we were not as exact in terms of balancing to the penny. The rejection rate of the electronic equipment must also be considered. Going through the reconciliation system, if a cheque is just one or two pennies out, it is rejected. In other words, if there is a difference in the amount issued by the Department and the amount on the cheque - a couple of pence, which would usually be an error - it is rejected.

However, if we can establish a tolerance level concerning cheques, the process could be made more efficient. I do not think any bank is operating to the exactitude that is currently being applied in the PMG's office.

This issue can be addressed in a number of ways. There are the organisational issues to which the Comptroller has referred. There is a debate taking place with the Department of Agriculture, Food and Rural Development regarding the volatility in numbers of cheques and the electronic funds transfer - which is voluntary for farmers and must be encouraged.

If we can have the level of tolerance that the Comptroller and Auditor General, in the context of the pilot scheme, has afforded us and improve on it, then we can make considerable improvements. We have come a long way from the time when the process was originally examined by the Comptroller.

The operation we are discussing is huge involving four million cheques covering £40 billion. The Comptroller referred to one cheque that was altered. The culprit was quickly identified through the system. The DPP and the Garda were involved. The person was brought to court and has absconded, but is known.

The system has worked in this regard, and once the fraud was discovered, the banks were very helpful, as they always are to the Exchequer in following up such matters.

I presume Mr. Hurley is referring to the cheque for £244.68, which was altered to £7,244.68 and lodged into the bank.

Mr. J. Hurley

Yes.

Subsequently, when this was discovered, it materialised that £5,329 had already been withdrawn. The balance was drawn back from the bank.

Mr. J. Hurley

Yes.

The paragraph stated that the payment orders had, apparently, been stolen and the amounts payable amended to much larger values. More than one was referred to.

Mr. J. Hurley

Yes. Once the first problem was discovered through the reconciliation system, the banks were contacted and the others were stopped.

Had the amounts payable been amended in the ones that were stopped?

Mr. J. Hurley

My understanding is that those cheques had similarly amended amounts. They were not stolen from Government Departments, but from outside when they were issued.

How many cheques are we talking about?

Mr. J. Hurley

There were ten to 15 cheques and, of those, seven were altered.

When those cheques were stolen outside the Department, were their recipients reimbursed with other cheques?

Mr. J. Hurley

Yes, of course.

It was not without great difficulty in some case. I think it sometimes took several years for a recipient to be reimbursed.

Mr. J. Hurley

Those particular cheques were followed up very quickly. If Deputy McCormack were referring to a particular incident, I would certainly follow it up. In this case, the cheques were followed up. There were other cheques issued very quickly. The banks were notified and all the cheques stolen were cancelled. One cheque went through.

Only one?

Mr. J. Hurley

It was lodged to an account and the Exchequer was defrauded of £5,000. Given that four million cheques were involved, the process worked well. The individual concerned was identified and brought to court. He has since absconded but he is known. We have been in touch with the Attorney General regarding the recovery of the £5,000 mentioned. There is a legal view that we are entitled to that money. We are seeking clarifications on that point and expect to enter discussions with the bank at a later date.

The banks in question - one will occasionally encounter problems when dealing with four million cheques - have been very good in co-operating with the PMGs to try to minimise such cases. We have gone back over a five year period and this is the only case of fraud identified.

That is a good record when one considers the volume involved. You mentioned that other cheques were stolen. Although the individuals amended the amounts they did not get the money.

Mr. J. Hurley

They did not get the money. Cheques were amended in seven cases. All the cheques were cancelled because they had been stolen.

From where were they stolen?

Mr. J. Hurley

In transit.

Mr. D. Hurley

The presumption is it happened in the post. They were Army pension payment cheques to people resident in a particular part of south London.

——south London cheques themselves.

Mr. D. Hurley

Yes.

Mr. J. Hurley

The report of the Comptroller and Auditor General has been very useful. He has pointed out a number of things which can be improved. This is an enormous operation and very little fraud takes place in this area.

From reading the report, it would appear to me that you have made every conceivable effort to improve the system. If every Department had only one sin on its soul we would be in a better position.

Commentators have been saying to us for some time now that they fear wholesale fraud when we change over to the euro. I assume the CMOD has been involved in the changeover of the system. Are you satisfied that the necessary steps have been taken to ensure the Department of Finance, which leads our financial institutions, is geared up and ready to put the new system into operation?

Mr. J. Hurley

The Euro Changeover Board of Ireland is responsible for the changeover and reports to the Minister for Finance. That board is representative of all the different areas of business throughout the economy. It deals with many of the facets of the changeover. Security is the key part of the system. It comes right back to the design of the coins and notes. The security features of the notes have not yet been announced. It is our intention to speak about them when we get closer to the changeover. That aspect has been taken into account and combined with PMG cheques in terms of ensuring that those cheques also have security enhancements on them.

There are significant actions in place to deal with the notes. There will be an enormous logistical effort involved in our changeover to the euro. That logistical effort has to do with distributing notes and coins to retailers and bringing back the old currency and taking it out of circulation. Groups within the Central Bank and Euro Changeover Board are looking at those areas. The primary logistical issues in that regard will be dealt with through the Central Bank. It is a matter of significant concern. Much time is being spent on this issue. We are doing everything that can be done.

You are giving a strong message to the public at large that you have both eyes on 1 January 2002?

Mr. J. Hurley

Yes. A great deal of consideration is being given to the issue.

Are you concerned about the possibility of the euro changeover helping money launderers? I think the highest multiple is €500. Is that correct?

Mr. J. Hurley

Yes. That is a big note.

The sum of €500 will equate to our currency of £400?

Mr. J. Hurley

Yes.

The highest currently on the market is a £100 note. Is that correct?

Mr. J. Hurley

Yes.

One could pack a great number of euros into a brief case.

Mr. J. Hurley

This point has received a great deal of coverage recently. It has been discussed with the European Central Bank. There are risks involved. The notes contain security features which have not yet been announced. The logistical elements are receiving much attention. Everything that can be done is being done. This is an enormous task. It is a huge operation but it is not without its risks and difficulties. A great deal of resources and effort has been put into this changeover through the European Changeover Boards and Central Banks in each country. Much consideration has been given to this enormous issue.

Mr. Purcell

I agree with what the Accounting Officer says in that the proof of the pudding is in the eating. To get stung for £5,000 over a period of five years is a very good outturn. It might be wrong to attribute that solely to the clearing system. It is very difficult for someone, unknown to a bank official, to cash a cheque for a four figure sum. Such a practice demands that accounts be opened with lodgments and withdrawals subsequently taking place in a manner which would not raise the suspicions of the bank officials. We must look at the total issue. It is more difficult to cash a cheque nowadays. It is also more difficult to launder money since the coming into effect of the legislation in 1995. It is much more difficult to process what is nowadays a modest amount of money. That is a good thing but that should not lead to any complacency. I am not suggesting it has on the PMG side.

I thought it necessary in the circumstances to say what was happening in this area to ensure no complacency sets in. That is part of my function, as I see it.

I am sure no complacency will set in.

Mr. J. Hurley

The Comptroller and Auditor General is absolutely correct. We welcome reports of this nature because they point out areas where we can make improvements and we can enter into discussion with him to make further improvements.

I would not want to give the wrong impression here. The banks perform a very important frontline service in the prevention of fraud. The reconciliation system which is in place in the PMGs is a crucial part of that system. The banks have been very helpful in dealing with any problems which have arisen.

What about Civil Service pensions under paragraph 13?

Mr. Purcell

Each year the State pays out about £100 million in superannuation benefits to retired civil servants, their spouses and children through the Paymaster General's office. There are over 14,000 recipients in all.

Paragraph 13 records the results of an audit carried out by my staff last year which evaluated the controls in operation to ensure pensions and gratuities were correctly calculated, were paid only to valid recipients and were properly recorded. Our test checks indicated that pensions were being properly computed and that satisfactory accounting records were being maintained. That said, we found there was a need to improve control over the integrity of the computer data on which the payments are based and to produce reports from the system which would enable staff to better monitor the pension runs. I am glad to report that the Department acted swiftly in implementing these improvements and has almost completed an exercise in obtaining dates of births of pensioners where they were either missing or incorrectly recorded.

Other problem areas involving notification of deaths of pensioners and a continuing eligibility of children were not as easy to resolve as they depend to a large degree on the development of new computer systems or linkages with other systems. Some progress is being made. I appreciate the difficulties which have to be overcome in these areas.

Finally, I might refer to a large backlog in putting through the revisions to pensions of unestablished civil servants leading to a situation where the Ombudsman decided that compensation should be paid in such cases where the delay exceeded one year. There are approximately 2,000 pensioners in this category. The delay occurs because each increase must be calculated and entered on the system on an individual basis. I understand there are proposals to automate this process in so far as it is possible within the next 12 months.

Mr. J. Hurley

The Comptroller and Auditor General referred to the fact that pensions were concluded and records were satisfactory. He also pointed to a number of improvements and controls which are possible and these are all being done. We have an independent audit unit which takes different areas of the Department on a rota basis. One of them was taken at the same time as the Comptroller undertook his report. We have that report which makes a number of recommendations for the improvement and controls are being implemented.

On the point which the Comptroller makes about the backlog regarding pensions, this is a difficult area. Unestablished civil servants are on an individual rate of pay. When these payments have to be adjusted they are adjusted by different Departments. They are not adjusted by the Department of Finance or the PMG. Those calculations are fed into the Department of Finance or the PMG. To the extent that there is a delay in doing so, there is a back-up in terms of our adjusting pensions through the PMG system. This is what happened in this case. We looked at this to see if there was a way we could change the system to ensure this problem is eliminated. We have looked at different computer configurations which might enable us to do this. We could take each individual civil servant involved on an individual rate of pay and attach that person to what might be described as a marker grade. That marker grade would be automatically updated by a computer system. It will take us approximately one year to put that system in place.

The Comptroller and Auditor General referred to the backlog and the Ombudsman's view that CPI increases should be awarded to people who have not been paid their adjustments in pensions on time. That will be done after all the money has been paid to the Exchequer which has been gaining interest on it. That is a fair thing to do. The controls suggested by the internal audit unit are being put in place. We have taken a fairly fundamental look at the entire system of backlogs of unestablished civil servants to see if we can eliminate them through this type of mechanism. In the meantime, all those pensions are being adjusted. A great deal of resources have been put in place to deal with the backlog. As each Department and Office has to update its system, it is inevitable that our receiving that information will be a slow process. With every increase in pay, say, through a national agreement, another backlog is created. The amounts involved were quite small. Nevertheless, the arrangements now in place should deal with the situation though it will take some time.

Do the cases identified deal solely with retired civil servants and are they all contributory pensions?

Mr. J. Hurley

Yes.

Could you define what exactly is an unestablished civil servant?

Mr. J. Hurley

They are, essentially, manual or operative grades around the different Government Departments to which individual or tailored rates of pay are applicable.

Cleaners and janitors, security people and so on?

Mr. J. Hurley

Yes, industrial workers. It is an archaic distinction.

An "unestablished civil servant" is a peculiar way of describing a person. You might look at changing that.

Mr. J. Hurley

Yes.

I note that when you talk about a determination of pension, you say a death certificate should be sought automatically. We dealt with fraud in social welfare for a lengthy period last year. A great deal of fraud had been committed at that time with people continuing to draw benefits long after their partners, husbands or wives had died. A person has to, under that system, make an application for a death benefit and was required initially to provide a death certificate. That has been altered to make it more convenient for people, with the same security, that they would accept the death notice in the local or national press because it was taking very lengthy periods of time to secure a death certificate because of autopsies, post mortems, the malfunctioning of the system if the coroner was absent and so on. Perhaps you might look at introducing the same type of arrangement for members in the public service.

Mr. J. Hurley

If a pensioner dies, a person informs the office and the pension ceases. We do not wait for death certificates. One would not issue a death gratuity, a very significant sum of money, before one received a death certificate. That is the way the system operated. We are now ensuring that we obtain a death certificate. If somebody telephones us in connection with the death of a pensioner we would stop the pension at the appropriate time. Death gratuities can be very significant and substantial and we would insist in that case that we receive the death certificate in advance of payment. It is not the same type of arrangement as operates regarding social welfare. What would happen then is, if a spouse were involved, he or she would come on pension.

It would be difficult for them to obtain a death certificate in every case. Even in normal circumstances it would take a few weeks. I know that from people who claim death benefit for the payment of undertakers, for example. The undertaker often has to wait a lengthy period because death certificates cannot be obtained for payment to issue. Perhaps Mr. Hurley might examine that.

There were five fraudulent claims to the value of £75,314. These cases were discovered as a result of information received from the Garda and others. They would have tipped off the Department that this was happening. How confident are you, Mr. Hurley, that this is not just the tip of the iceberg in terms of fraud? You received five tip offs. Will you elaborate on the amount of money involved in each case?

Mr. J. Hurley

Two cases accounted for £71,000.

Two cases?

Mr. J. Hurley

Yes, and they were two cases of fraud where declarations were issued, fraudulently completed and returned. One case is with the Chief State Solicitor or the Director of Public Prosecutions. Another case is referred to sensitively in the documentation for various reasons of which the Comptroller and Auditor General would be aware and we are trying to deal with this sensitively while also trying to recover the money. Given the way in which it came to our attention, we are trying to deal with it sensitively.

On the basic point of fraud, some of the controls suggested in the internal audit unit report and by the Comptroller and Auditor General in following up the death grant as well as the computerisation of the Civil Registration Office, which will allow us to make an automatic check of what has happened regarding pensions, should improve the controls in that area and reduce the potential for fraud.

A sum of £71,000 is a substantial one for two people where pensions are concerned. How long was the fraudulent claim made in both cases?

Mr. J. Hurley

It was for a number of years.

Mr. D. Hurley

It was for about ten years.

A payment was being made automatically for ten years.

Mr. D. Hurley

And people were returning pension declarations each time.

Would the pension declaration be returned annually?

Mr. J. Hurley

Every 18 months to two years.

The person in one case was being paid a pension for ten years.

Mr. J. Hurley

What I am saying is——

He received a pension in the name of a deceased family member as if that person were still alive.

Mr. J. Hurley

That is right. The way to tighten that up is in line with the recommendation made by the Comptroller and Auditor General, which is that it be checked with the death records from the General Registration Office which are now being computerised. In the meantime, the computer run is checked against the bereavement grants paid by the Department of the Environment and Local Government. That is being done on an interim basis. The controls are being put in place. There will always be the possibility of fraud.

Thank you. Are there any other questions on this? No. Has the Comptroller and Auditor General any final comment to make on this.

Mr. Purcell

No. Clearly what the Accounting Officer says is right. The system will keep churning out cheques unless it is told not to, so one does not have to wait for receipt of an invoice and so on. That is why the kind of systematic checks which we both agree are necessary and which will come on stream are the only really effective way of minimising exposure to fraud in this area.

We will move on to the President's Establishment and the other Votes. I will open this up to Members, but before I do, I point out that we received correspondence from Mr. Hurley on 19 June regarding the Accounting Officer for the President's Establishment. The correspondence was discussed at the beginning of the meeting and we agreed with the sentiments expressed in the letter.

Mr. J. Hurley

Thank you, Chairman. It cropped up last year and I am sorry it took a while to get responses.

That is fine. We will begin consideration of this Vote.

Before you do that, Chairman, this Committee has tended to meet at 11 o'clock for more years than I care to remember. Will you take up with your fellow chairmen the ongoing concurrent meetings which make the discharge of duties by Deputies almost impossible? I have attended a meeting of the Select Committee on Enterprise and Small Business on the annual Estimates. I have concurrent meetings of the Committee on Public Enterprise and Transport on matters relating to CIE and of the Committee of Public Accounts. A number of colleagues are in a similar position and the chairmen ought to see if there is something they can do about it. It is becoming impossible.

It is said there are too many Deputies but there may not be enough to cover all the committees. I am on leave from the Committee on the Environment and Local Government which is discussing my future as a local authority member. I thought this the most important place to be.

I could not agree more with Deputy Rabbitte. I am extremely concerned. I inherited the Thursday session. Last week we had a session on Tuesday which began at 12 noon at which Mr. Quigley of the Revenue Commissioners attended. We had a productive session which ended at 3 o'clock. The reason it was productive is that we did not intrude on Dáil business and did not coincide with other sessions. I respect the fact that those who are requested to attend these meetings must wait to appear before the committee, such as the officials from the Department of Finance who had to wait for more than an hour before being allowed into the session, because of an increasing number of votes in the Dáil on a Thursday. It is becoming difficult for Members. If we want the oxygen of publicity for the committee, we should begin on time because those who work in the media have a busy schedule and it is becoming increasingly difficult for them because of the time we begin.

I had asked prior to the meeting for the Clerk to the Committee to put down a proposal for a new slot of 12 o'clock on Tuesday. We have two meetings until 5 July and it is hoped we will resume on the second Tuesday of September. That new slot would give us a chance to deal with business before the Dáil proper begins. It would lead to more constructive and meaningful sessions for everyone who participates in the committee. Deputy Rabbitte's request is timely. I have already discussed it and I hope the Members at the meeting next Thursday will agree to that change from September. It is worth trying and it will be successful. A midday start would give adequate time to committee members to get to the committee and, in deference to those required to attend, we would not be distracted by votes. It would be more meaningful.

I respect Deputy Rabbitte's request and I discussed it with his colleague, Deputy Bell.

I am in favour of the proposal.

I apologise to the witnesses for introducing this domestic matter, but it is probably in their interests as they will not be kept waiting as long.

How much is the centenarian bounty?

Mr. J. Hurley

It is £2,000. It was increased to that amount last year and remains at that level.

Yes, it was increased to £2,000 for the year 2000 and remains at that rate for the current year. Will it be given a decent increase when we convert to the euro?

Mr. J. Hurley

It will increase in terms of numbers as a result of the exchange rate.

I note that £40,000 was provided in the Estimate and only £29,000 was drawn down. A sum of £11,000 was not used. This must mean that the Department estimated more people would have reached 100 in the year in question.

Mr. J. Hurley

In 1999 it was 82 people.

I am going by the Estimate which was for £40,000. Surely the Department must be able to estimate the number of people who would have been 99 in that year.

Mr. J. Hurley

We would not be sure how many of them would be alive.

That is what I mean. Therefore, the bonus should be increased significantly.

Mr. J. Hurley

It is £2,000.

Anyone who has reached 100 has given sterling service to the State and should be recognised in a more meaningful manner.

Are there any further questions on this Vote? No. Before we move on to the Vote for the Office of the Minister for Finance, I bring to the committee's attention that we have correspondence dated 1 November 2000 from Mr. Vincent Palmer concerning the categorisation of persons as self-employed sub-contractors or as employees in the construction industry and the availability of a legal framework and resources to facilitate the Office of the Revenue Commissioners in detecting and prosecuting tax evasion. Have Members any questions on that? This was discussed on a previous occasion.

From whom is the note?

It is from Mr. Palmer, the principal officer in the Department.

Mr. J. Hurley

That may have been clarification sought at the previous meeting dealing specifically with the construction industry.

That was information we sought at the time. My predecessor, Deputy Jim Mitchell, requested that.

Mr. J. Hurley

That is right.

We also have correspondence from Tony Gallagher, principal in the organisation management and training division in the Department of Finance outlining inquiries made by State bodies regarding publication of reports. This was raised previously and concerned these glossy company brochures and reports and whether we were getting value for money. Mr. Hurley has reported extensively on it but perhaps Members may want to query it. No. That is fine.

We also have correspondence dated 19 June 2001 from Mr. John Hurley, Secretary General of the Department of Finance, concerning the comparison between per capita gross domestic product in Ireland and in other EU member states. Again that was requested and information has been furnished.

Mr. J. Hurley

That is an important distinction because it will be seen from that letter that we are always defending ourselves in terms of statistics on a GDP basis, but because our gross national product is different from GDP, which is not the position in other countries, the GNP statistics are usually a better figure. That is the point of the letter even though we are often judged on GDP because it is more convenient on a European basis to use it. There are reasons it is not convenient for us.

Are there any questions on that? No. We move on to Vote 7 - Superannuation and Retired Allowances. Are there any questions on that? No. We move on to Vote 12 - Secret Service.

Will Mr. Hurley describe the Secret Service? I have been a member of Dáil committees for 20 years and I have yet to discover who constitutes the Secret Service. Where is it located? How many people, male and female, are involved? What is the function of the service?

Mr. J. Hurley

This is probably secret.

That is why I ask the question.

Mr. J. Hurley

The Vote is termed Secret Service and Ministers can apply for funding from this Vote in the course of the year. They sign a requisition which is sent to the Department and the Minister in question justifies it. The Minister for Finance must approve it and there is a special accounting arrangement attached to it which the Comptroller and Auditor General operates. His notation is different for this Vote from other Votes because he essentially certifies the processes have been fulfilled rather than the content of expenditure which he does not deal with.

This is something which has been discussed in the Dáil and dates back a long period. The reasons for the procedures are the nature of the topic. I will not say any more about it.

Could they be described as Irish spies?

Mr. J. Hurley

The answer is I do not know. It is for whatever the Ministers in question seek funding.

Why was £434,293 of the allocation of £735,000 withdrawn to the Department? Have we only half a secret service?

Mr. J. Hurley

That is an issue that has been discussed in the Dáil. The reason there is always a generous figure for this Estimate is that it is not regarded as convenient to have to take a Supplementary Estimate on this in the course of the year. That is why there is usually a fair margin between the amount provided in the Vote and the amount expended. This specific aspect has been discussed in the Dáil and it was felt this was the approach which should be adopted.

I asked the question and I am not sure Mr. Hurley answered it in full about where these people are located.

Mr. J. Hurley

It could be in any Department but primarily and normally the Departments would be Justice, Equality and Law Reform and Defence. Any Department could apply for these funds if it has sufficient reason.

Are they paid over and above the rate? I assume these people do a job. Are they conscripted or recruited into the Secret Service and paid separately?

Mr. J. Hurley

I would not have any information on that.

Does anyone know the answer to that?

Mr. J. Hurley

I am sure the parent Ministers would be aware of the answers but the Department of Finance and the Comptroller and Auditor General do not have that information.

I will not ask any more questions.

I remember a civil servant I could never find. He probably has the information.

I thank Mr. Hurley for his clarity. Are there any questions on Vote 45 - Year 2000 - Expenditure, the Contingency Fund Deposit Account or the finance accounts for the Department of Finance? No.

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