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COMMITTEE OF PUBLIC ACCOUNTS debate -
Thursday, 14 Apr 2005

Vote 34 — Department of Enterprise, Trade and Employment.

Mr. Seán Gorman (Secretary General, Department of the Enterprise, Trade and Employment) called and examined.

There is no relevant correspondence.

Witnesses should be aware that they do not enjoy absolute privilege in the evidence they give to the committee. Members' and witnesses' attention is drawn to the fact 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 persons who are identified in the course of the committee's proceedings. These rights include the right to give evidence, the right to produce or send documents to the committee, the right to appear before the committee, either in person or through a representative, the right to make a written and oral submission, the right to request the committee to direct the attendance of witnesses and the production of documents and the right to cross-examine witnesses. For the most part, these rights may be only exercised with the consent of the committee. Persons being invited before the committee are made aware of these rights and any persons identified in the course of proceedings who are not present may have to be made aware of these rights and provided with a transcript of the relevant part of the committee's proceedings if the committee considers it appropriate in the interests of justice.

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 of the House or an official either by name or in such a way as to make him or her identifiable. Members are also reminded of the provisions of Standing Order 156 that the committee shall also refrain from inquiring into the merits of a policy or policies of the Government or a Minister of the Government or the merits of the objectives of such policies.

Mr. Seán Gorman and his officials are welcome. The Department of Finance officials are also welcome. I invite Mr. Gorman to introduce his officials.

Mr. Gorman

On my right is Mr. Martin Shanagher, assistant secretary with responsibility for corporate services and the economic policy division and on his right is Mr. Ned Costello, assistant secretary with responsibility for the science, technology and intellectual property division. On my left is Mr. Ronnie Sheehan, finance officer, and on his left is Ms Patricia Lynch who works with him in the finance unit.

I invite the Department of Finance officials to introduce themselves.

Mr. Pól O’Duibhir

I am in the public expenditure division of the Department of Finance.

Mr. David Hurley

I work in the organisation, management and training division and I deal with the Department's administrative budget.

Mr. Gorman is the new Secretary General of the Department of Enterprise, Trade and Employment and this is his first appearance before the Committee of Public Accounts. I welcome him and wish him well. Mr. Gorman indicated that he does not wish to make an opening statement. I will ask Mr. Purcell to introduce the Vote and Mr. Gorman may then make some preliminary remarks if he wishes. I will then call Deputy Hayes followed by Deputy McGuinness.

Mr. John Purcell

Vote 34, which we are considering, consumed over €1 billion of State funding in 2003. The bulk of the expenditure was accounted for by two areas of activity with labour force development costing almost €600 million and enterprise promotion, science and technology costing €467 million. The cost of administering the Department for the year was approximately €48 million.

Subhead expenditure was largely in line with the amount estimated except in the case of subhead D2 — Enterprise Ireland — Grant to Industry, where only €49 million out of the €63 million provision was spent.

The committee will note from the extensive notes in the explanation of variations that the significant underspend prompted the Department to request Enterprise Ireland to undertake a review of its forecasting models with respect to future demands of clients.

Turning to the income side, much more was received than expected in terms of appropriations-in-aid and Exchequer extra receipts. On the appropriations-in-aid side, nearly double the amount of the estimated work permits fees and three times the amount of company registration fees were received. That was offset to some extent by a delay and some problem relating to the receipt of European Social Fund moneys.

Exchequer receipts coming under the aegis of the Department which cannot be used to support the Vote — the so-called Exchequer extra receipts — amount to €38 million, as against the €6 million estimated. Windfall receipts from IDA Ireland representing disposals of telecommunications interconnectivity capacity and grant refunds accounted for most of the excess.

That is a quick summary of the financial details of the Vote. There were no issues arising from the 2003 audit which, in my opinion, merited public accountability.

Mr. Gorman

I have a few observations on the Comptroller and Auditor General's remarks. On the Enterprise Ireland side, there is and has been a pattern of recurrent savings under subhead D2. It is something of which we have been conscious and at which we have taken a detailed look in recent times. As the Comptroller and Auditor General said, we have asked Enterprise Ireland to examine its forecasting models to see if it is possible to be more precise in terms of the real need for funds under this subhead. We asked it to do this during 2003 when it began to emerge that there was likely to be a significant underspend. In response to our request, Enterprise Ireland engaged consultants to undertake the review. It has finalised its report and recommendations are being implemented.

The forecasting model was finalised during 2004, the year subsequent to the one under review. The Department examined that model in consultation with Enterprise Ireland and was satisfied it was appropriate. Enterprise Ireland is currently revising the forecasting model with regard to the way it calculates its own resource income as both the resource own income and the client demand determine the level of Exchequer demand needed. It is now also examining, in the context of this forecasting model, the own resource aspect to try to get the estimate of the two sides of the coin as accurate as possible. We expect that further review of the forecasting model will be completed this year.

On work permits receipts, demand for work permits has been extraordinarily buoyant, even though in 2003 general levels of economic activity had settled somewhat, but the labour market remained extraordinarily buoyant nonetheless and the demand for permits was significantly higher than we expected.

We also increased the fee for work permits in 2003. The increase in fee was introduced with effect from January of that year. The Companies Registration Office, income is generated in the form of penalties. If we had total success we would not generate this revenue. The objective is not to earn revenue but to achieve compliance. The level of compliance was probably disappointing but we are working through this new phase and already the level of fines is reducing, which gives us some comfort regarding compliance.

Can Mr. Gorman explain why Enterprise Ireland and IDA Ireland are underspending? There are unemployment blackspots around the country, particularly in Donegal. In one area two factories are available to lease, one of which has been empty for six years. Any urban council or chamber of commerce would provide a list of towns that have not been given priority in employment initiatives. Is there something lacking in the way these agencies promote their business?

Mr. Gorman

This area is demand-led which creates a particular difficulty for Enterprise Ireland and IDA Ireland grants. Calculating demand is not a precise science. It is subject to the vagaries of start-up dates, development dates and projects moving through development cycles. For example, funding was not given at the expected level in grants to industry and seed and venture capital funds. This is significantly led by client demand which made lower than expected claims.

Delays in the planning of the webworks proposal project by Enterprise Ireland resulted in a saving of €1.9 million. There was slippage on community enterprise centre projects which fell short of the estimated date when they would be ready to draw down money. The exercise of examining the forecasting model entailed looking at how the agency can work more closely with the project developers to ensure the projects move as speedily as possible. One wishes it were otherwise but there are restrictions in paying out the money if the projects do not offer or are not ripe for payment.

I am speaking about the employment blackspots such as Donegal and my own town, Tipperary, which is the second poorest town in the country. A factory has lain idle there for over six years. One wonders what IDA Ireland, Enterprise Ireland or State authorities have done to help that town. Other places are similarly affected. I understand planning difficulties and so on but is there a failure to concentrate effort on those blackspots?

Mr. Gorman

There is a concentration on those areas, particularly on the BMW region, and the south-eastern corner of the country. The reality is that the projects must offer. Businesses must come forward and sponsors be there to engage in this. If the eligible projects are not ripe and do not offer on the expected scale we cannot push the money out. Enterprise Ireland's regional offices work actively with business people and make every effort to respond positively to business ideas and increase the level of business activity.

The IDA effort to bring jobs to the BMW region is showing positive results. In 2003, 46% of greenfield jobs went into that area and 54% to the south-eastern region. For the BMW region that was an increase from 44% in 2002. Nevertheless, there are constraints and problems that must be faced.

Is Mr. Gorman happy sufficient effort is made and resources are available to attract promoters into the area? While the regional offices do good work there appears to be some haemorrhaging from those companies that we need to bring into the country. Do we lose many of them, compared with our counterparts in Europe?

Mr. Gorman

The 2003 economic cycle was a flat period in recent years which had an impact on employment. There are changes too in the nature of the companies being developed now. They tend to be more high-tech and specialised and to want to concentrate in large urban areas so there is a serious challenge to the agencies to encourage them to consider locating in small areas. There is a big shift from manufacturing to services, such as financial services. Experience shows that these companies want to locate in large urban areas.

The agencies work hard on this. We continue to be quite successful in attracting foreign direct investment. In 2003 the IDA created 9,182 jobs, 46% in the BMW region, 39% in the other region. Job losses resulted in a net deficit of 3,000 in 2003. IDA Ireland companies are performing very strongly, with sales in 2003 worth €72 billion and exports, €68 billion. They spent €15 billion in the economy and paid €2.5 billion in corporation tax.

The IDA approved 33 new greenfield projects and 31 expansion projects in 2003, making a total of 64 projects. Ireland continues to be attractive and the corporation tax is an important factor in this. However, the business environment and the educated workforce are important too. We continue to win a significant share of mobile international investment. In the short term, the pipeline from IDA Ireland is looking good. Large players are increasingly being attracted to significant and strategic areas such as information and communications technology, services sector and research and development. Ireland is doing well by European standards and continues to be attractive to businesses.

I was on a recent IDA Ireland promotional trip to the United States with the Minister and we met several corporations, some already based in Ireland, which are planning expansions and others interested in locating here. The general message about Ireland is positive as the State continues to be seen as business-friendly. Our corporation tax rates are attractive, although we are getting more competitors in this area as EU accession states examine the Celtic tiger model. Nonetheless, we still have many advantages and are doing well.

At a time when Departments are being moved to the regions under the decentralisation programme, I am still concerned about the number of new jobs being created in the south east, the mid-west and the north east. Wherever one looks, there is a glaring gap between these regions. In the past, investment was encouraged to centre on the greater Dublin area. What is the Department of Enterprise, Trade and Employment doing to encourage companies to locate in these regions, particularly as Cork, Limerick and Waterford have universities and third level institutions?

Mr. Gorman

We work proactively, through the agencies, with companies already based in Ireland which are considering expansion and companies that are interested in establishing operations here to locate around the regions. There is huge investment in infrastructure, which the Department pushed for with other Departments. This includes investment in roads, broadband and the education infrastructure so as to allow companies to develop outside the traditional main urban areas and the eastern seaboard. Under State aid rules it is possible to deliver enhanced grants to companies locating in the BMW region, giving it an added attraction. We continue to develop contacts between the universities and businesses.

IDA Ireland is also concentrating on clusters and opportunities for business to locate in the regions. For example, its strategic sites initiative, approved by the Tánaiste when Minister for Enterprise, Trade and Employment, sets out to achieve investment and development in five high specification, regionally distributed, fully-serviced industrial sites, ranging in size from 200 to 500 acres. It is aimed particularly at investment from companies in the bio-pharmaceutical and ICT sectors. The sites will be located in counties Waterford, Cork, Galway and Louth. IDA Ireland is consolidating land holdings in these areas as part of this exercise and is planning to spend €298 million over seven years in driving this initiative. Review mechanisms will be built in by the Department to ensure the moneys yield a return. This is an example of how IDA Ireland is examining opportunities on a regional basis and targeting companies that can locate in the regions by providing sites and capital.

There is huge potential in this scheme. However, is there any new initiative that would see the Department having a role in promoting these regions rather than sending back money to the Department? Money allocated by the Government is simply not being spent. Does the Department have anything in the pipeline that will solve this problem as it is critical for many areas? It is crazy to be sending money back to the Department when there are unemployment blackspots around the State.

Mr. Gorman

I agree it is strange that this allocated money is not spent. However, we have to make provision for expected levels of demand. If the money is not spent in any given financial year and, because it cannot be spent injudiciously, the Department ends up with a saving.

The agencies are continuing to work with industry and consider new opportunities to help businesses develop. For example, the Enterprise Ireland regional development strategy has a series of strings to it. There is a regional season venture capital support scheme available. Incubator space is provided; €5 million was spent on it in 2003. Business innovation centres in Dublin, Cork, Waterford and Galway have been set up. The webworks initiative will provide high-wired facilities for regionally-based offices for technology-based companies in Cork, Galway, Waterford, Sligo and Limerick. Unfortunately, this initiative was hampered by planning regulations. IDA Ireland is examining opportunities in the financial services and the bio-pharmaceutical sectors. We are constantly looking at what is coming down the tracks and where the new waves of investment are occurring. For example, our investment in research and development is our major response to the changing nature of mobile international investment so as to capitalise on the opportunities being presented.

I am familiar with a 26 year old lady who runs her own business which employs 15 people and which is being forced to close by health and safety officials from the Department of Health and Children. What role can the Department of Enterprise, Trade and Employment play in such a case?

Mr. Gorman

I am not sure the Department can play a direct role in this case, as I am not familiar with it. At face value, it seems to be some requirement to comply with health regulations. Regulation has its up sides and down sides. We are always trying to strike the balance between over-regulation and good regulation. There are initiatives being led, particularly by the Department of the Taoiseach, on assessing the impact of regulation on policy and the introduction of new domestic and EU regulations.

Regulation is a substantial issue which can be positive or negative. The positive side of it is probably some kind of standards-based objective or achievement but the downside may be that a particular company has difficulty complying. Within the State system we are trying to force a more intense look at the implication of policies for business. An initiative is being led by the Department of the Taoiseach. We have also been pushing very hard at EU level in recent years, in terms of regulations coming from Brussels, in order to bring into play a system where, before proposals are agreed or regulations adopted by Council, a very formal regulatory impact assessment is done. Many of the messages coming from the Council and from summits regarding the Lisbon strategy, and the difficulties in achieving the economic successes that Europe is aiming for under that strategy, bring sharply into focus what business would say is the burden of regulation. I cannot name a specific company, but on a general level the issue is coming increasingly to the fore in terms of public administration and how we deal with policy.

I notice FÁS has spent all its budget. Heretofore, FÁS trained many people in the building sector and others. How does Mr. Gorman see FÁS's role in the future in terms of its potential for supporting people seeking a new start, for example? Does he see FÁS changing its direction?

Mr. Gorman

Yes, FÁS has already begun to change direction. Traditionally we would have seen it as focusing strongly and primarily on unemployed people or those seeking to join the workforce. The shift in emphasis in FÁS in recent years is not to walk away from those people but to supplement the effort by focusing on the training and development needs of people in work. The changing nature of business means that skills quickly become outdated and people who have worked in traditional industries can quickly find themselves, if such industries downsize or close, not being saleable in the market in terms of their skills. Accordingly there is a new emphasis in FÁS on training and upskilling people in work.

We are working with the social partners on a lifelong learning initiative which grew out of a task force report on lifelong learning a couple of years ago. We have begun putting in place quite significant changes. The Department of Education and Science has led with the establishment of the National Qualifications Authority of Ireland, along with HETAC and FETAC, in terms of establishing a good model for recognition of qualifications in portable skills.

FÁS is increasingly going into the workplace to train people, providing access to training in the evenings and at more worker-friendly and family-friendly times. With colleges and industry we are currently developing and exploring possibilities for putting in place a formal training process or course for people at work who are low-skilled, from which they will emerge with some kind of qualifications across a range of skills such as business, IT and similar disciplines. We hope employers will come on board in terms of funding and facilitating employees with time off or access to training facilities in premises. In remote or less dense areas, where there are small companies and people might be brought together, we are considering organising clusters.

There is a new emphasis in FÁS on people at work. That does not mean we will walk away from the long-term unemployed. We must watch that situation. We have been enjoying very favourable labour market conditions for some time. The unemployment rate is about 4.5% while the long-term unemployment rate is 1.5%. Competition in the marketplace for the long-term unemployed is increasing, particularly since we opened the labour market to citizens of accession states. The issue of the long-term unemployed is one on which we must continue to work.

In the future, FÁS will also focus more on persons who are disadvantaged in terms of the labour market, particularly persons with disabilities. FÁS is introducing a new scheme this year with additional funding of €5 million from the Department to focus on helping people with disabilities to secure mainstream employment. The money will be used to help support the employment of those people in the workplace.

These are some of the new areas at which FÁS must look. Updating people's skills will be a constant challenge. Sometimes there is a tendency to look to the State to solve all these problems. When it comes to the workforce, to people, skills and training, there is a shared responsibility. Government, industry and individuals have responsibilities. This is the approach we are taking by means of the new initiatives we are exploring with colleges and employers.

Is there a figure available for the cost of the creation of a job by the IDA, by Enterprise Ireland and by the enterprise boards? I recall reading some time ago about the cost with regard to each. If one reflects on the cost over a two or three year period, how does it compare year on year? Can Mr. Gorman supply us with those figures?

I am concerned about the amount of money, almost €58.5 million, being returned to the Exchequer, particularly when one considers some of the headings under which returns have been made and the efforts made by communities, local interest groups and industry to access funding from Enterprise Ireland, IDA Ireland or the county enterprise boards. Is it time for FÁS to consider how it struck its budget for the year and what it is asking of Government? It might consider how the money is being spent and refocus.

At the end of each year, or sometimes during the year, the enterprise boards find themselves sanctioning grants for particular projects and not being able to meet them for quite some time into the future. They can also find themselves waiting for sanction from the Department for a particular year when one imagines it should be the other way round, with early sanctions being given so work can proceed to deliver the jobs we are trying to create.

In the technology area, some €3.2 million was returned to the Exchequer by Science Foundation Ireland. Mr. Gorman might comment on the role of his Department or that of IDA Ireland, Enterprise Ireland and the enterprise boards regarding their engagement with primary and second level schools in the context of science. That is the area of the future. There is a new arrangement in that regard with primary and second level schools. There is a lack of funding in the area. Dr. Danny O'Hare drew up the report for the Department of Education and Science regarding our role in preparing the younger generation to be the leaders in the science area in the future. The Irish Science Teachers Association has also commented on the need for investment in this area.

My final question relates to investment in the regions. The Department said it would embark on investment in each of the regions totalling €290 million. It has already invested in the regions. In Carlow the Department has either constructed a hugely expensive farm gate or it intends to put a factory there. In recent years since its construction I have not seen a factory go into that park, whether it is a technology or business park. What are the Department's plans for it?

If the Department is to spend €290 million, will it consider centres such as Kilkenny which has an industrial park that has a partnership with the local community? I set up that partnership through KIDCo in Kilkenny with the Department. A financial services centre is growing organically there involving concerns such as Deutsche Bank. Will the Department try to build on the back of that success rather than looking for something different? That appears to work in that location. Can the Department select different locations throughout the country where a particular concept works and use the €290 million to build on that success by attracting others to the pools of operation that already exist and are recognised internationally?

Mr. Gorman

I do not have a comparison of the cost per job vis-à-vis EI, IDA Ireland and the CEBs. I have the cost per job for the IDA Ireland. The average cost per job for the IDA over a seven year period, 1997 to 2003, was €16,173. This was a reduction from €16,453 when measured over the period 1996 to 2002. There is a reduction in the cost of the job. That is a factor of State aids limitations but it is also an indicator that the grant is not now as significant as the other factors that attract companies here, such as the workforce, education, the availability of good quality universities and infrastructure and our corporation tax. I can send a comparison to the committee of the relative cost per job at CEB level as against EI client companies, which are indigenous companies, and IDA Ireland companies.

Is there a comparison figure for other European countries?

Mr. Gorman

No.

Does the Department look at that?

Mr. Gorman

We looked at it previously but the data are not comparable, unfortunately. The methodology employed in the European countries we have examined is different and it is hard to compare. However, we can give the comparison for our agencies.

There was a question about under spending and not spending the money. We have taken an initiative with Enterprise Ireland to provide a better forecasting model. Another factor is the relevance of the agency's suite of grants or initiatives and how efficient the agency is in delivering them. The Deputy mentioned examples of delays in getting payments. Part of our review of agency spending and performance focuses not just on how to get the forecasting right but on whether we are providing the proper supports and a proper and relevant range of grants.

The Deputy referred to subhead F. Some of the schemes under that subhead spent more than was budgeted but overall there was a saving of €3.153 million. We had savings on research bodies in universities and institutes of technology, where collaborative research is taking place. The under-spend there was approximately €1 million. This was mainly due to activity in one of the schemes being lower than expected. In another area of Enterprise Ireland spend on RTI there was a saving of approximately €4.8 million. This again related to difficulties with payments to institutes of technology taking place later than expected. Most of these projects will come through and will be supported and funded.

The regional development strategy of the agencies focuses on developing business in the regions and supporting the spread of adequate and appropriate infrastructure, including educational infrastructure. That focus is evident at IDA Ireland and EI level. Science and technology awareness has been a big challenge. We have put much focus on it in the context of our science, technology and innovation programmes. A task force on the physical sciences recommended that all science promotional activities should be drawn together to maximise effectiveness.

A new programme, Discover Science and Engineering, was launched in October 2003. It involved major consultation with stakeholders and it has been amalgamated with previous initiatives run by Forfás. I can give some practical examples of initiatives that are under way under that programme. "Discover Primary Science" clubs are being encouraged and supported. Previously, this initiative was only available to a limited number of schools. It is now to be extended to as many schools as possible in conjunction with the Department of Education and Science. It is aimed at fostering young children's interest in science.

Does the Department actively promote them in the primary schools?

Mr. Gorman

Yes.

Would they be promoted through the Irish Science Teachers Association, for example——

Mr. Gorman

Yes, very much so.

——which complains there is not enough focus on it and that it does not have an engagement with either the Department of Enterprise, Trade and Employment or the Department of Education and Science at a significant level? That was said recently at the association's conference.

Mr. Gorman

I can give the Deputy a concept of the scale of what we are discussing. Under the primary science clubs initiative, the target is to have 600 schools participating by the end of 2005. Under the STAR programme, that is, the science teacher assistant researchers programme, approximately €500,000 will be spent over three years. It will be aimed at approximately 50, second level science teachers and will give them the opportunity to conduct research in laboratories and to bring that experience back to the schools. It will help foster both their interest and the interest of the pupils in science.

The Scope television series is aimed at 15 to 19 year old people. There have been two successful series already. An initiative, an exploration station, which is a custom designed interactive centre for children, is being developed. This was announced during 2003. It will provide an educational outreach centre to young people, teachers and pupils, with exhibits to encourage and enhance interest in science.

We face the challenge of young people not being interested in mathematics and the sciences. Practical initiatives are now being taken to deal positively with that.

Perhaps Mr. Gorman would supply the committee with written information on that.

Mr. Gorman

Yes.

I also urge him to look at what the Irish Science Teachers Association is saying. Perhaps he could engage with the association to secure a more tangible result for the Department's efforts and to encourage participation in the sciences from primary level.

Another concern is the money returned under the subheadings. A total of 48% of the budget for the information society was returned. That should be measured against what is said publicly about e-commerce and about Ireland's connection to the world of technology not being what it should be. If I look at communities trying to make a real effort in the context of creating employment by encouraging local entrepreneurs to become involved and so on, 87% of that fund was returned. I am not saying the initiatives were bad. Rather, I am asking whether they are well enough advertised. Is there sufficient engagement between the Department, Enterprise Ireland and IDA Ireland, with the indigenous population, to encourage people to look at the sciences, community projects etc. and to really engage with technology through the information society? It should be ensured, through the information society, that funding of initiatives is taken more seriously. That does not seem to be the case. In all of those areas where there is genuine concern within the industry, at home and abroad, that we are not doing enough, this is where the greatest proportion of the budget is being returned. That must be of concern to the Department.

Mr. Gorman

It is. These are concerns. On the information society, we have a number of projects that are part and parcel of that programme. In the context of the subhead here, they are mostly public sector projects. Various reasons for delays in projects are the underlying explanation as to why some of these funds have not been taken up and used. There is a challenge to deliver on these. It is a challenge we are continually striving to meet. In many cases we estimate what we believe the demand will be, but again, it is dependent on good eligible projects coming forward. Work continues to be done in fostering the development and evolution of those projects, whether from the community or business or from within the public sector.

On the question of the region, I am not being parochial, and yet I am, as regards that site in Carlow and the one in Kilkenny. My suggestion could possibly be applied to the other regions throughout the country. I am not making little of the Department's effort, in Carlow. It is a genuine and, I am sure, costly effort. However, not much has come of it. In Kilkenny, there is a different scene where back office activity in the whole area of financial services has been attracted into that area. VHI is an example of one set in another of the Department's estates there. It is in essence a private sector decentralisation programme. The same is true of Deutsche Bank and State Street. Surely something can be learned from this. If the Department engages with those companies, which perhaps are having land problems in other centres, and encourages them to move out, not just to Kilkenny, but to the other regions, it is possible to grow an entire sector out of the international sector, possibly at far less cost than €16,000 a job.

Then there is the issue of the regions. Within our region there is an imbalance. Much IDA Ireland activity, for example, is centred in one location. There is little evidence of it being encouraged in other locations. Surely there is a need for the Department to engage with enterprise boards and local partnerships of one type or another to ensure that this happens. I would like Mr. Gorman's views on both examples, and on the question of Carlow.

Mr. Gorman

I do not have details as to what IDA Ireland has specifically done for the site in Carlow, apart from general observations. IDA Ireland is promoting the premises and factories and is keen to get foreign-owned businesses to locate there. Enterprise Ireland has worked for some years to encourage Dublin-based businesses to relocate to regional areas where there might be easier access to premises, property or the labour market. There are many attractions for companies in the regions such as a lower operating cost base and other incentives. The idea of clustering is very much to the fore in terms of agency policies, whether for financial services, biotechnology companies or whatever. There are opportunities for clustering in the catchment areas of universities in particular, where there tends to be a concentration of certain types of enterprise. One type of company will spawn others.

There is a proactive policy within the agencies to try build on and around what already exists. There are many challenges involved in spreading the level of available investment evenly around the country. These sometimes encompass the attitudes of companies. Many of the FDI companies we talk to, for instance, want to be located in the cities. We do our best in this regard, through IDA Ireland, but they want to be in the larger cities. There are concerns about being close to adequate infrastructure in terms of broadband, for example, or having access to universities. However, the effort is continuing to maximise the dispersal of industry around the country. Infrastructural investment programmes in transport, broadband, water and so on underpins this. It remains a challenge.

On Carlow specifically, I can find out and communicate with the Deputy about the recent efforts made by IDA Ireland and other agencies, and particularly as regards the site to which he referred. County enterprise boards also make a significant contribution. The last figure I saw for Carlow was for 760 jobs supported and created by the county enterprise board there. That complements the other agencies as well. There are real difficulties and opportunities, but we are trying to address the challenge.

As regards the county enterprise boards and Enterprise Ireland specifically, Mr. Gorman said its operations were being reviewed, just as IDA Ireland's performance is constantly reviewed. Is it not time for the county enterprise boards to be reviewed and the way they operate that fund examined, after so many years? I cannot say they have saturated the labour market with jobs, but they have created local employment, grown jobs and so on. Perhaps it is time to refocus their area of concentration or relax the rules surrounding how they will fund jobs for the future, as the market changes. The enterprise boards have not changed that much over time, less in terms of their strategy than in their understanding of what jobs could be created or what precisely displacement now means in an Irish market. This was easy enough to define a few years ago, but not now, particularly in the area of technology and ICT projects. Would the Department consider looking at that and how it funds the enterprise boards, with a view to being more relaxed about it? They were meant to work with minimal bureaucracy, but I have seen the departmental bureaucracy in operation. It grows up around particular projects and is now enormous. It has moved from the original page-length outline to be heavily dominated by regulations and new matters being introduced. I was a member of the Kilkenny County Enterprise Board before the city decision to end the dual mandate and I found that project outlines grew from one to quite a number of pages. The Department should review that and how jobs and the county enterprise boards are funded.

Mr. Gorman

The county enterprise boards area has been looked at recently. We asked Forfás to carry out a review of its role and it completed its report in February this year. The general conclusion of the review on the performance of the county enterprise boards was that there was justification for continued State support for micro-enterprises with up to ten employees.

One of the key recommendations of the 42 included in the report is that a co-ordination unit should be established within Enterprise Ireland to work closely with the county enterprise boards to assist them in their dealings with micro-enterprises. Another conclusion was that delivering support to micro-enterprises through the city and county enterprise boards was a good way to conduct that business. In addition, a recommendation was made that the objectives set for the county enterprise boards should be refocused to concentrate primarily on enterprise activities as distinct from broader social and economic objectives. There was also a recommendation that the trend away from grants to repayable forms of financial assistance and soft supports should be accelerated and that responsibility for the county enterprise boards should generally remain with the Department.

We are continuing a dialogue with the county enterprise boards and Enterprise Ireland to decide how best to implement the recommendations and to consider the policy issues raised by the report. As the current mandate for the county enterprise boards runs out at the end of 2006, we were reaching a phase in their life cycle where this type of review of their objectives and future direction was required. We will consider the report and make recommendations to the Minister in the context of an evaluation of the direction the county enterprise boards will take beyond the 2006 mandate.

There is no doubt there is a problem with bureaucracy, particularly where EU Structural Funds are involved. We have had many problems in this regard. As observed in the earlier discussion on regulation and over-regulation, it is necessary to strike a balance in order that there is proper accountability without overburdening small businesses and bodies such as the county enterprise boards with excessive regulation. We try to control such over-regulation as far as possible but have certain minimum requirements, as do the county enterprise boards, in terms of reporting to the Comptroller and Auditor General, this committee and other bodies. It is a question of striking the correct balance. Unfortunately, there will always be accounting and bureaucracy but we must ensure they do not occur at an excessive level, given the amounts of money involved.

What was the European Commission's specific concern in regard to the Intel project, given that there did not seem to be any EU location with which an Irish plant would be competing?

Mr. Gorman

The difficulty related to the interpretation of a particular clause on innovation which we had inserted in the negotiations at European level. During the negotiations on the regulation which covers this aspect of State aid, we had inserted a clause that facilitated the payment of State aid to companies whose projects involved innovation. In this instance we were required to notify the Commission of the level of State aid because it exceeded the threshold for notification. The Commission disputed whether there was genuine innovation involved in the Intel project.

We worked closely with Intel in providing material for the Commission and trying to demonstrate that there was genuine innovation but the Commission chose not to accept those arguments and suggested the entire issue should be referred for an open formal investigation. This is akin to an appeals process and can take from one year to 18 months to complete. Intel management was very nervous about the method of formal investigation in terms of its openness and the consequences for commercial sensitivity and the protection of trade secrets from competitors.

Was Intel concerned about the exposure inherent in a formal investigation conducted in public?

Mr. Gorman

Yes. It would have required the company to place information on its developments in innovation and new technology products in the public domain. This would have exposed the corporation.

Was the company required to do this to prove innovation?

Mr. Gorman

Yes. In doing so, it would have played into the hands of its competitors. Primarily for this reason, Intel decided it did not want the case to be referred for open investigation and it was subsequently withdrawn. This was a significant issue for us nationally in that Intel is the leading player in this business. It is extremely important that we are able to continue to work with companies such as Intel and attract them to Ireland without such difficulties arising.

Intel, however, is continuing with the project. Following withdrawal of the notification to the Commission, the company issued a statement expressing its disappointment at the outcome but also its commitment to continue on schedule with the Fab 24 investment. It was encouraging that during a recent appearance before a United States commission the chief executive officer of Intel signalled that Ireland remained a leading contender to win new Intel investment. During his presentation he identified the low rate of corporation tax as crucial to competitiveness in the semiconductor sector but did not go into any detail about the position taken by the Commission. The reassurance he gave about Ireland's continued attractiveness and the statements from Intel regarding its commitment to the continuation of the Fab 24 investment were important and encouraging.

Our argument to the Commission was that this project was never going to any other EU state. As the competitors were located elsewhere, there was no issue in that regard. We made technical arguments in attempting to convince the Commission that the project involved genuine innovation. However, we also pointed to the Lisbon Agenda and argued that a negative response from the Commission would challenge not only Ireland's attractiveness as a location for this type of investment but also reflect poorly on Europe as a competitor on the world stage for these major, high-tech and leading edge investments.

We made our case against the backdrop of all the concerns expressed in Europe about how the Lisbon Agenda was not being delivered and that Europe was lagging behind in this area. Our contention, therefore, was that this was not only a matter of Irish interests but an issue for the European Union in its entirety. What signal was this sending about Europe's preparedness and capacity to attract this type of investment? At the end of the process, however, Intel decided not to move ahead to the open formal investigation for its own good reasons.

Is it Intel's current position that it will continue to consider Ireland as a location for future investment?

Mr. Gorman

Yes.

Is the case that the Commission's decision will be pertinent in such future decisions but not the deciding factor?

Mr. Gorman

As I said, the incoming chief executive officer of Intel told a committee in the United States that Ireland was still a leading contender to win further new investment. Naturally, Intel is disappointed by the Commission's decision. The company had certain expectations and was also concerned about the issue of commercial sensitivity. The Commission issued statements around the time the matter was being played out which Intel was not happy to see in the media.

Did the company express its concerns?

Mr. Gorman

It expressed them to us and, in turn, we expressed them to the Commission.

Does the decision have repercussions for inward investment elsewhere in the economy for companies other than Intel? Is there anything in the pipeline which might be affected by the decision?

Mr. Gorman

We have received no specific indication from companies about to invest or those exploring investment opportunities. We have received no direct signal that the Intel case has turned them off or caused them to look elsewhere.

There is another reality in that the regime regarding State aid is changing. Our capacity in the next round of Structural Funds and ability to maintain the level of State aid will change dramatically. The amount of aid we will be able to give specific projects will be smaller and less of a factor after 2007. We will be competing in other areas such as infrastructure, education, flexible government, a business friendly environment, investment in research and development and the quality and calibre of our universities and researchers. The focus must shift and is shifting in that regard.

Notwithstanding the Intel case, there is a new reality with regard to the State aid regime. We do not yet know the details but less money will be transferred to Ireland and our capacity under the new regime to continue to support projects at the same level as heretofore will change dramatically. This brings into sharp focus the need to continue investing in research and development and infrastructure.

There is also an issue with regard to the regulatory burden but this is an issue for the European Union as well as Ireland. These all present new challenges but so far I am not aware of any project that has signalled an intent or threatened to pull out as a direct result of what happened to Intel.

I wish to raise the issue of Shannon Development. There is a factory known as the Burlington plant, the name of the original tenants, in Gillogue across the River Shannon from the University of Limerick. The last company was a packaging company and a liquidator is winding up its affairs.

A local group negotiated with Shannon Development and reached agreement to buy the plant. It arranged to start with 100 jobs and encouraged people to leave their current employment to take up managerial positions. Shannon Development agreed to sell them the property. The local group was ready to proceed and negotiated with the liquidator with regard to machinery which was valuable within the plant but which would lose its value if moved. The deal was done and dusted but then Shannon Development pulled out after a formal exchange of letters indicating agreement on price and conditions.

Between November last year and January this year, the board of Shannon Development changed its mind. This has caused much grief for individuals and it looks like Shannon Development is turning its back on 100 jobs in a sector and location where the jobs would be considered very valuable. While it is entitled to make its own decisions, its refuses to give an explanation of such high-handed behaviour. I wrote to Mr. Gorman in order that he would have the information. Can he explain what happened?

Mr. Gorman

I will share the information I have collected since I received the Chairman's letter. I will place the role of Shannon Development and its relationship with us in context and then deal specifically with what I know and understand regarding the property at Gillogue.

Our relationship with Shannon Development is one of governance and monitoring. With regard to property, we have close contact with Shannon Development and receive annual reports on its property operations, financial tables and other matters. We receive various other documents from the chairman and board on the company's internal financial controls, code of practice and the governance of State bodies.

There is a series of procedures and guidelines in place in respect of the management of Shannon Development's property portfolio. The underlying objective of all these procedures is to ensure compliance with public procurement guidelines. All property transactions are required to be approved at board level. In cases where they are not significant, responsibility is delegated in accordance with authorised levels by the board. A board property sub-committee is in operation and includes two members of the main board, one of whom is chairman. Reports on transactions are forwarded to the board.

The procedures were reviewed in 2004 and a new property procedures manual was issued with the assistance of third party expertise. A new manual was developed with board approval in line with internal audit recommendations. An outside property consultant was brought on board to review the property function of the agency, including a detailed and systematic examination and assessment of the property department within Shannon Development, the details of the overall property portfolio and a full site examination of all the properties in the portfolio. I hope this will be completed within the next few months.

As a general observation, the agency is required to comply with public procurement procedures and guidelines laid down for all State bodies. As the parent Department with a governance role, we communicate the guidelines to the agency as delivered to us by the Department of Finance. In practice, the day-to-day business of management of the property portfolio is a matter for the agency. In executing that role it is required to be responsible in ensuring the assets of the State are properly managed in accordance with procedures.

With regard to the property at Gillogue, I made inquiries following receipt of the Chairman's letter. I understand from the agency that the site in question has had various occupants during the years, the most recent being FitzPak Limited, which relocated its paper box manufacturing business to the site. In 2001 Shannon Development leased part of the Gillogue facility to FitzPak which traded until it went into liquidation in February 2004. A court appointed liquidator is now offering the FitzPak equipment for sale by public tender with a closing date for receipt of tenders of June 2004. The significant piece of equipment is a corrugator which has a particular value in situ.

Shannon Development states it wrote to all parties which had expressed a direct interest in the Gillogue facility setting out the terms under which the property would be made available, one of which was the receipt of a business plan. It received a proposal to purchase the property, together with a business plan, within the timescale laid down from a consortium called MMDS which included members of former FitzPak senior management.

Discussions took place between Shannon Development and MMDS until the end of 2004 on various aspects of the sale but the sale did not proceed. Following a review of the discussions and the entire project, the board of Shannon Development decided in February this year to sell part of the property, the factory and the land within the curtilage, through a new public process. In taking this decision Shannon Development states it took into account its economic development role to promote industry and employment in the region, the use of its property portfolio as a resource in achieving these objectives and its duty as a public agency to preserve and protect State assets.

I have been informed that having considered all the information available and the limitations of dealing with one party alone, the agency believed a successful solution must start with the exposure of the Gillogue facility to a wider set of potential interested parties. For this reason, Shannon Development decided to place the premises and the land within the curtilage of the building, which I gather is relatively small, on the open market to provide all potential interested parties with the time and opportunity to make proposals. Inevitably, this has had an impact on others, not least the former workers who had hoped to take up employment with the new business to be established.

I am informed that the chairman of Shannon Development met MMDS on 3 February to discuss the issue and a group of former workers at the factory on 15 February. I understand the chairman has followed up the latter meeting with a detailed letter to the workers setting out the background to the development at Gillogue, the process followed since the liquidator was appointed in 2004, the factors that contributed to Shannon Development's decision not to proceed with the sale to MMDS and the process the company will now follow in the disposal of the Gillogue facility. Shannon Development has kept the liquidator informed of its position and, on foot of a request from the liquidator, a meeting took place yesterday morning on the issue. I understand the meeting was constructive and that both Shannon Development and the liquidator updated each other on recent developments and that contact will be maintained in the near future.

The current position is that Shannon Development has appointed consultants to make recommendations on the extent of the land curtilage to be included as part of the sale. Work is ongoing on this issue.

There is a desire and need to make all efforts to ensure the workers who became unemployed through the liquidation of FitzPak Limited are assisted in finding new employment in the region. Clearly, Shannon Development has a role in this regard. However, the agency must also observe rules and requirements as regards public procurement regulations and must act in an open and transparent manner in dealing with State assets.

I am aware that the issue of the Gillogue property is the subject of an internal audit review in Shannon Development. It is expected that the internal audit report will be considered by the board in May. I will examine the findings of the report in consultation with Shannon Development.

On 12 April I received a letter from the Office of the Comptroller and Auditor General in the context of a draft report on another property issue. In the normal course of events the Comptroller and Auditor General had requested certain information by mid-May and while the Gillogue property was not the primary focus of the report, it was mentioned in an appendix to it. I am examining the issues raised by the Comptroller and Auditor General as well as the questions put to me in the report, to which I will respond.

In summary, the decision was made by the board. Essentially, it has decided to put the project back on the market.

I thank Mr. Gorman for a full answer. As I do not think he departed from his speaking notes, I would appreciate a copy after the meeting. They would be helpful.

Mr. Gorman

Yes.

It would be a good explanation, apart from the fact that in correspondence last November Shannon Development indicated to the representatives of the company that it had agreed to sell the property. One could hang one's flag on the comments about public procurement procedures and similar matters and it would be fine, apart from the fact that the agency had entered into a written agreement. It may not have the strength of a contract but it is as close as one could get, in the absence of legal advice, to entering into a contractual agreement to sell. It is difficult to know why the agency pulled out. It did not deal or negotiate exclusively with one group; I am aware it also dealt with others. Given the potential for job creation, others had an opportunity to submit plans also and I understand they did.

This matter gives cause for concern. Shannon Development is seen as a job creation agency for the region above everything else within its remit. The local view is that it is walking away from 100 jobs that could be created and that because it is delaying the process, the liquidator must proceed. The corrugator, essential to a start-up under new management, may be disposed of by the liquidator who also has to operate under time constraints. Once that happens, it will be too late to put anything in place, even if the group involved was to buy the existing plant in an open tender process. The issue is urgent because of the liquidator's position.

Mr. Gorman stated a meeting took place yesterday which was deemed to be satisfactory between the chairman of Shannon Development and the liquidator. If additional information on that meeting is available, it might be helpful if Mr. Gorman provided it for me in correspondence. I appreciate that it is a difficult issue.

Mr. Gorman

Yes. We are one step removed from the process.

The Department is one step removed from it. Perhaps the committee will be obliged to contact Shannon Development directly. I do not wish to delay the committee's business further on what is essentially a local issue. However, I understand from Mr. Gorman's remarks that he has received correspondence from the Comptroller and Auditor General.

Mr. Gorman

In the context of a different but related item of work.

Perhaps it was the Ennis Road property which also gave rise to questions. I presume there will be a report on this matter. Can the Comptroller and Auditor General comment on what he has heard?

Mr. Purcell

Yes. The reference to the plant in Gillogue occurs in the context of the operation of the property management function within Shannon Development. We have produced a draft report which in the normal course of events has been sent to the interested State parties, in this case primarily Shannon Development. However, because the agency operates under its aegis, we have also sent the report to the Department of Enterprise, Trade and Employment to try to get information on specific policy and governance issues. We have also sent the report to IDA Ireland because it was involved at an earlier stage regarding a particular site. When I receive responses from those parties, by convention by mid-May, I should be in a position to finalise the report which ultimately will come before the committee. That is all I have to say on the issue.

I join the Chairman in welcoming Mr. Gorman. While I have some questions, I first wish to make an observation on the issue, aspects of which have been raised by the Chairman and Deputy McGuinness.

For a long time the committee has had concerns about the conglomeration of agencies for local and regional development. Apart from the 35 county development boards, there is a plethora of other agencies involved, including the city and county enterprise boards, FÁS, Shannon Development and IDA Ireland, not to mention the Leader programme and partnership schemes. Our fears are twofold and centre on the duplication of mission and the question of bureaucracy in administration. Any funding available should go to the coalface rather than into bureaucracy. That is an observation rather than a question. I would appreciate if this issue could be examined because the situation is ridiculous for those who are trying to get involved.

I think the Office of the Director of Corporate Enforcement spent approximately €3 million in 2005 on the review. Following the Company Auditing and Accounting Act 2003, the Minister established the Irish Auditing and Accountancy Supervisory Authority on an interim basis. Did either of these organisations play a part in the Gama fiasco in the context of companies keeping accounts and informing State agencies about what was happening?

Mr. Gorman

Is Deputy Dennehy asking me about bureaucracy as we dealt with that issue earlier?

On the duplication of mission, there are many agencies working in this area. In developing these agencies in recent years we closely examined what their mission should be. For example, when Enterprise Ireland was established a few years ago, a decision was made that IDA Ireland should have a single focus of responsibility — to work exclusively on inward investment. It was decided that it should become a dedicated agency with the resources, experience and expertise to carry out that job well which we regarded as a particular piece of work from which we did not want to distract the agency.

We then examined the indigenous sector which is largely looked after by Enterprise Ireland and the county enterprise boards. At the time the export promotions board, An Bord Trachtála, was in existence. We decided there was a continuing need to encourage the development of indigenous industry, as we affirmed in the recent enterprise strategy group report. We examined the best way to foster indigenous industry and decided that the idea of separating exports from general business development was unwise as we were looking to persuade indigenous industries to focus more on exports markets. We thought there must be a direct connection between business development and exporting if we were to continue to develop the sector. An Bord Trachtála was abolished and merged with Forbairt to create Enterprise Ireland.

The issue of what to do about very small enterprises then arose. We examined whether smaller enterprises were different and had particular needs. In that context, the county enterprise boards evolved and developed. They focus on micro-enterprises.

Generally, Enterprise Ireland does not engage with companies which employ fewer than ten people. FÁS, another of our agencies in the industry and training area, has its own particular role. It focuses on the human resources sector — the training of people for and in work. That role is separate from and does not necessarily spill over into the activities of other agencies.

We examined the level of investment in research and development and science. To this end, Science Foundation Ireland was created but we have many other agencies working in the area. Enterprise Ireland, IDA Ireland and the Department of Education and Science are all involved. As part of our activities in developing the Irish science and technology agenda and ensuring we get value for money, we are examining the respective roles of the agencies in the sector to ensure they complement each other rather than duplicate each other's work. While we have many players on the pitch, they carry out specific and, in many cases, separate functions targeted at different sectors or markets.

I will return to that issue. Will Mr. Gorman answer my second question which is slightly more difficult?

Mr. Gorman

The second question relates to Gama.

We have two agencies which would probably pick me in six months time if I tried to pull the strokes obviously pulled in the Gama case. Why was this situation allowed to continue? It is a fiasco. I presumed when we paid €3 million to the Office of the Director of Corporate Enforcement and millions elsewhere that somebody was doing his or her job.

Mr. Gorman

Before I comment on the Gama case, I would like to explain that there is a court injunction which prevents us from publishing the labour inspector's report on the recent allegations made in Dáil Éireann about Gama. I must, therefore, be very careful.

While I appreciate Mr. Gorman's position, will he tell me how the system works? Will he tell me how it would work for me as an Irish employer?

Mr. Gorman

I wish to explain that in terms of the specific——

Will Mr. Gorman tell the committee who sought the injunction?

Mr. Gorman

The injunction was sought by Gama Turkey. Gama Ireland has since applied for an injunction.

When is the hearing due to be held?

Mr. Gorman

A further hearing is due to be held on Monday.

Is the injunction temporary or permanent?

Mr. Gorman

It lasts until Monday next. The court will then decide to either lift the injunction or refer the matter for a full judicial review. We are involved in that process.

Who monitors how company X operates if it wishes to employ between 500 and 600 people? There was a similar situation five or six years ago when we brought in the banks and told them they were robbing the State of millions of pounds. They were scandalised and brought in public relations people. They produced many reports and tried to silence us. They then denied that there was such a practice and said it was unreasonable. However, there was such a practice but we did not think it could happen in the companies sector. How could a company get away with running an operation like that of Gama, given all the expertise in the monitoring of companies, particularly since 2003?

Mr. Gorman

Unfortunately, I cannot comment on whether Gama did or did not do things properly or legally, even in terms of the details mentioned in the report.

On the existence of agencies and their role, up to now the Department has primarily been engaged in the area of employment rights. We first began making inquiries following the making of various allegations. As the Minister has stated in both the Dáil and the Seanad as recently as yesterday, all of our earlier inquiries had positive results. More recently, new allegations were raised in the Dáil by Deputy Joe Higgins and the Minister responded immediately by sending a labour inspector into Gama to investigate. The inspector's report is subject to the current injunction.

The other agencies involved such as the Office of the Director of Corporate Enforcement, the IASA and the Revenue Commissioners have specific roles to play in overseeing the conduct of business. They are free at any time to examine the operations and workings of companies if they have reason to believe there are improprieties. I cannot offer an opinion because I have not discussed these issues with them. All I can speak about is what is contained in the labour inspector's report and what actions might be taken. I am not in a position to either agree or disagree on what has happening.

A situation arose between one and two years ago where a person in Dublin had five or six fictitious companies which were actually building apartment blocks. The Revenue Commissioners were unaware of their existence. We asked the Companies Registration Office to explain how these companies could operate. However, there was no linkage between the CRO and Revenue. Is Mr. Gorman saying there are no linkages between his organisation, the Department of Social and Family Affairs, the Revenue Commissioners and the other groups that monitor this area? Are they unconnected and autonomous bodies?

Mr. Gorman

There are linkages and we have contacts with those bodies. I cannot comment on the company the Deputy has referred to. For example, in the area of work permits the applicant is the employer and is registered with us. We receive assurances from them that they are registered and legitimate before we issue them with permits.

We are at an advanced stage on a new IT-based system for processing work permit applications, which will give us on-line real-time access to the CRO, Revenue, the Department of Social and Family Affairs and the Garda National Immigration Bureau to ensure the bona fides of the applicants in terms of their registrations and status with the above bodies. This will tighten those contacts. Anyone in the Department of Enterprise, Trade and Employment is free to ask these agencies to investigate a matter but each has eyes and ears and can take steps on his or her own initiative. We are constantly in touch with them but I cannot comment on this company.

Mr. Gorman anticipated my next question concerning work permits. Is there a system of monitoring the persons involved? There have been recent problems on Irish Ferries craft and elsewhere. I hope the employers are not taken at face value like the banks. Someone from the Department should be monitoring the situation.

Mr. Gorman

Under the present system the applicant is the employer, to whom the permits are issued in respect of the employees. We have a labour inspectorate in the Department with the function of policing the employment rights of all workers on a non-discriminatory basis. It does not matter whether the worker is indigenous Irish, a citizen of another EU state or a third country individual on a work permit or another form of permission. All workers are entitled to the same employment rights and are afforded the same protection.

Is each person at work automatically given a PPS number?

Mr. Gorman

A PPS number would be issued by the Department of Social and Family Affairs. The work permit——

Does it happen in every case?

Mr. Gorman

I cannot tell the Deputy that it happens in every case but the work permit is the initial trigger for the third country worker to be properly registered with a PPS number and anything else that is necessary.

Can this be established by Mr. Gorman's Department or the Department of Social and Family Affairs? On the discovery of some fraudulent companies two years ago we determined to use PPS numbers as a source of identifying people, as the same person might be employed in ten different registered companies but with the same basic employer, for example, Sean G. Gorman, Sean Gorman, S. Gorman and so on. We must establish that workers given work permits are also given PPS numbers to ensure they are protected against exploitation.

When can we expect a report? I am interested in determining whether we have been wasting money in establishing offices to examine the workings of companies. We will take or recommend steps if necessary but we must know that the Office of the Director of Corporate Enforcement and others to which we have given a significant amount of money are doing their jobs.

Mr. Gorman

I can give the Deputy some details of the general performance of these offices in terms of their activity levels.

I am not seeking too much detail but I would like to know if this is the old Revenue approach of chasing compliant companies. Is there an enforcement section for rogue companies? How do they establish their status? We have enforced the taxation legislation in compliant companies for years.

Mr. Gorman

The Office of the Director of Corporate Enforcement contains a range of expertise, including seven assigned gardaí and arrangements with the Revenue Commissioners, such as memoranda of understanding on the sharing of data. It does respond to complaints. In some senses it is dependent but receives significant intelligence from auditors, who are required to notify the office of various concerns. It is resourced, it has police and solicitors and it has general administrators policing company law compliance. It will take initiatives in its own right or will, in many cases, respond to complaints. The Irish Auditing and Accounting Supervisory Authority concerns itself with the regulation of auditors and will respond to complaints or issues that arise in terms of the professional performance of auditors' roles.

These agencies exist and are proactive. Their roles will be preventive sometimes but in many cases they deal with keeping abreast of people or situations that are not kosher with regard to the law. This is not about persecuting the compliant. There will be no problems for people who follow the rules and obey the law. This is specifically about addressing problems of companies or directors of companies failing to be compliant. It is not harassment.

That was not what I meant. However, there is a tendency to stay in the comfort zone when dealing with what comes in regularly. I will defer until after the Gama case has been addressed, as it will be from that case that we will know how such a thing could happen. We can talk theory forever. It is not about harassment. There must be controls. For many years, taxation focused on the people who complied every year and not on those who did not comply.

In the previous year to the one we are examining the ESF was seeking approximately €20.5 million for the social regions. It felt we may have "fiddled the books" regarding training levies and such. Did we pay this or was the situation resolved?

Mr. Gorman

While I am getting the details on that, is the Deputy referring to the European Social Fund?

Yes. It was the year prior to the one we are examining but there was some overlap.

Mr. Gorman

Yes. We are owed moneys from the European Social Fund. We have received substantial transfers from the Social Fund in the intervening period but there are problems. There is a reference to our Department's income being lower than expected due to the non-receipt of ESF transfers amounting to €21.4 million. This refers to the 1994-99 programme.

Does this refer to the same period?`

Mr. Gorman

Yes.

Has that been resolved yet?

Mr. Gorman

No, it has not. The ESF receipts for 2004 would have been estimated at €12.6 million of the €21.4 million due under the programmes. The balance was withheld by the Commission. The Commission has withheld €15.6 million from our ESF claims on the basis of audits carried out by the Commission's auditors in 2000. We contested the Commission's proposal to withhold ESF payments in the European Court of Justice. We prepared an information note for the members of the Committee of Public Accounts in December 2003 following the examination of the 2002 appropriation accounts. We informed the PAC that the matter was going before the European Court of Justice. The opinion of the Advocate General of the court favours the Commission's position rather than our position. The Department is currently considering the consequences of the Advocate General's opinion. It will be 12-18 months before we get the final judgment of the court but it does not look promising.

Will the Commission simply deduct that amount?

Mr. Gorman

It has already withheld it. It is an extraordinary case as the Commission accepts that there is no fraud.

It is just a matter of accountancy practices.

Mr. Gorman

Yes.

I appreciate Deputy Deasy is waiting to ask a question. Could Mr. Gorman provide us with a note on this issue? I would like it to be in the public arena. We will have to prepare a defence for this issue.

Mr. Gorman

Yes.

Under the policy of enhancing internal control, the Department established the formalised risk management system. What does that entail? In the area of public private partnerships there is an emphasis on transfer of risk. What risk is involved in this project?

Mr. Gorman

Identifying and managing risk came out of the recommendations in the Mullarkey report. It has become an important issue. Each Department has been asked to establish a system to identify risks, particularly exposure on the financial front. There must be a formal structure of identifying risks, of addressing the problems that might lead to risk, and of management reviewing those risks.

With the assistance of consultants we have put in place a formal risk management process. It has become part of the business planning process. Each division and section, as far as principal officer level, has identified particular risks for its area, as well as identifying the issues that need to be addressed to minimise or reduce those risks. Risk assessment of the financial domain is a priority.

Other areas covered include fire, flood, loss of buildings, loss of information technology facilities, and loss of files. The risk management process is all-embracing. It is now functional and is built into our business planning process for this year. We have a system whereby this item will be on the agenda of divisional level, headed by the assistant secretary grade, and of management board level, which I chair. We will review the risk analysis periodically and take stock of our position.

As I have not been here for the whole proceedings I run the risk of repeating what others members have said. I am drawing on the experiences of my constituency and two cases in particular. Several groups have lobbied me over the past few years on the issue of labour force development and funding for community initiatives. One group, comprising three people from Villierstown, County Waterford, came to the Minister for Enterprise, Trade and Employment to make its case. It was partially funded. There was an estimate provision of €822,000 and the outturn was €512,000.

Mr. Gorman

Is the Deputy referring to the community employment-jobs initiative schemes?

Yes. I am referring to two services in particular, technical support and matching funding. Why was the money not spent?

Mr. Gorman

Is the Deputy referring to the equal initiative service?

I am referring to subheads M1 and M2.

Mr. Gorman

I apologise, I thought the Deputy was referring to community employment and jobs initiative schemes. This is subhead M1, technical support for community initiatives. This subhead is solely for technical assistance for the equal community initiative programme. That is for external professional support to the Department in managing the projects. It does not refer directly to the projects.

Under this community initiative 43 projects have been approved for funding since it started in 2000. Some 21 projects relate to the period 2001-05, and 22 projects relate to 2005-07. The European Social Fund provides 50% of the expenditure to us.

The estimates on this technical assistance service were based on the ESF allocation available for technical support to us when the programme was first devised. As our people were able to manage the programmes reasonably well they did not have to buy as much outside professional expertise as had been envisaged. Therefore, we did not need to spend that money. The money is ring-fenced for technical support to the administration of the projects. It is not money for the projects.

Does that apply to M2 — matching funding for community initiatives?

Mr. Gorman

No, that is different. M2 provides a capacity to the Exchequer to provide matching funding for projects that failed to secure funding elsewhere. As members will know, ESF funds do not pay for 100% of any project. It is an intervention rate that requires matching funding.

Did the Department not receive enough applications?

Mr. Gorman

Demand was lower than anticipated. It was substantially lower than in the previous year, mainly due to the capacity of projects to get the funding elsewhere. This is a safety valve to avoid a situation where eligible and reasonably good projects are unable to receive matching funding elsewhere. The demand was not there.

Could Mr. Gorman give me an example? I have examples of community projects and I am trying to match them to specific categories. In the past year I have dealt with a number of groups in small villages that could not get the matching funds required to build a playground. They had been told the county council might provide them with half of the funding but in a small village of 200, 300 or 400 people it was impossible to get the €20,000 required. Is Mr. Gorman stating that a funding resource was available for which they could have applied but never did? That is interesting.

Mr. Gorman

Yes, the resource was there. There are a couple of examples——

For instance, I know of a number of projects that still have difficulty in getting funding for playgrounds. Is Mr. Gorman stating that an application for funding could now be made?

Mr. Gorman

This initiative is not about playgrounds. It is about different types of projects.

That is what I am trying to figure out.

Mr. Gorman

I will give you two or three practical examples of what we have assisted. One equality project is Equal At Work which is promoted by the Dublin Employment Pact and which has 48 partners in the Dublin area. It examined a competency-based approach to recognising qualifications. Dublin County and City Councils worked closely in co-operation with this project and as a result of this initiative the rules on recruitment for clerical positions in these councils were changed. They have moved away from formal educational entry requirements to recognising previous work experience and other real world experience.

Equality and Diversity Healthcheck is an equality and diversity programme in Westmeath, which is available to help all types of organisations assess how they can comply with equality legislation and how they can address issues of equality and diversity in recruitment and selection of staff, promotion and training.

Pavee Point manages a project focused on Travellers aimed at encouraging more and better jobs by fostering entrepreneurship among Travellers. There are 29 Traveller men participating in pilot programmes in Galway, Clondalkin and at Pavee Point in Dublin.

It is a narrow focus.

Mr. Gorman

It is based on people and equal opportunities rather than playgrounds or other such types of projects.

I wondered what the scope was. Would it be possible for Mr. Gorman to furnish some information on the parameters of the programme?

Mr. Gorman

We have a leaflet with a list of projects that are eligible and I will also provide Deputy Deasy with the supporting website address.

I thank Mr. Gorman for that. I assume other members of the committee brought up the prominent issue of under spending of grants to industry. I represent the constituency of Waterford. Are there companies in my constituency that applied for grants and were refused? Examining the figures one sees that some of the funds have not been spent. To Mr. Gorman's knowledge are there companies and industries that have applied for moneys from the Department but were refused?

Mr. Gorman

I cannot give Deputy Deasy details on Waterford today but I can certainly make inquiries from the agencies. The issue with these allocations is that they are demand-driven, as I explained to the committee earlier. They depend on the readiness of projects both to be approved in the first place and to draw down the approved moneys. It applies equally to indigenous industry and foreign direct investment on the IDA Ireland side. In the estimates process we, in consultation with the agencies, make the best estimate of what we will need in any given year.

Ultimately we are dependent on the projects being ready to draw down the funds. The moneys paid out in any given year are not necessarily related to either project approvals in that year or project development or expansion in that year. Payments made in a given year may relate to projects begun two, three or four years previously which are at different development phases. For some multinationals in particular, timing of grant payments is important in terms of their account management, and may be an issue. We discussed this earlier.

We have worked with Enterprise Ireland on examining the problem in the indigenous area, particularly looking at whether the forecasting model developed by consultants is working. We also examine the underlying causes and reasons demand would not be as buoyant or moving as fast as expected in a particular year. Our difficulty is that we must make the best estimate we can as otherwise we may find ourselves with difficulties later in the year, particularly if there is under provision. Although we are in the hands of the companies, the agencies work with them in examining the underlying issues and factors contributing to the less than full spend.

I am chairman of the Joint Committee on European Affairs. Three or four weeks ago Commissioner Wallström, the European Commission's contact person for national parliaments, attended a meeting of that committee. I questioned her on the EU Commission not allowing a State grant to Intel. At the end of that meeting she stated that she would speak to the relevant Commissioner and report back to us. She has not done so yet but I am sure she will. Could Mr. Gorman give an update on the position with regard to this type of grant, in particular this one that was not allowed? Members of the Joint Committee on European Affairs made the case very strongly that Europe was putting itself at a disadvantage in the case of Intel, where the natural competitors for the business were Arizona and Israel and not another EU State such as France or Germany.

Mr. Gorman

Yes. The essential difficulty the Commission had in the case of Intel was the Commission's interpretation of a clause in the regulation that provided for grant aid in respect of what is termed innovation. The reason dialogue with the Commission began in the first instance was that the level of aid involved was above the notifiable threshold. The State was required to notify the Commission of the level of grant aid.

It is more than €50 million.

Mr. Gorman

Yes. As part of its normal process, the Commission examined the notification and queried the issue of innovation. There was significant contact at both official and political level between the national administration and Brussels, including at Commissioner level and involving the Minister and the Taoiseach. After its initial examination and following a lengthy series of engagements with the company and us, the Commission decided it was not satisfied with the level of innovation involved in the project and proposed the matter be referred to what it described as "an open investigation". The normal time frame for that process is 12 to 18 months. Intel particularly, expressed concerns that the open process was likely to involve it publicly declaring sensitive commercial information, both financial and scientific. Intel eventually decided that it was not prepared to allow the matter to go to open investigation.

The company has told us that, while it is disappointed with the outcome, the Fab 24-2 project will continue on schedule and there are no plans to change that. The incoming CEO has recently signalled that Ireland remains a significant contender for future Intel multinational investment. He identified several factors, including corporation tax and other elements of our business environment, that continue to make Ireland attractive in foreign direct investment terms.

We were concerned about the project, not least for Ireland's sake. We argued before the Commission that this was about Europe and the competitiveness of Europe in the global market place. We raised the issue of the capacity of Europe to be competitive, to deliver on the Lisbon Agenda and to get this type of cutting-edge investment into Europe, which has been struggling with achieving the targets of the Lisbon strategy.

What kind of response did Mr Gorman receive? I understand that argument. I lived in the United States for 11 years and worked in industry there. The message that the Commission has sent to industrialists in America is that they should not go there and it provides them with another reason not to invest in the European Union. Did the Commission understand the arguments made, from a common sense standpoint, and realise that it was kicking itself in the head?

Mr. Gorman

We made the argument very strongly but the regulations and the processes in place for dealing with this at a Union level did not allow us to get the message across.

What is the position now?

Mr. Gorman

Intel has decided not to proceed to investigation and we have withdrawn the notification. Intel is going ahead with the project and will receive some grant, I do not want to go into the amount, because it is entitled to a grant below the notifiable levels. We continue to work to attract foreign direct investment companies but, as stated earlier, our capacity to provide grant aid will be less of an issue for us from 2007 onwards. The State aid rules will change and Ireland's eligibility in terms of receiving European funds and our capacity to grant aid to industry will diminish significantly. Our capacity has not been quantified yet because the negotiations are ongoing but our ability to continue with relatively generous levels of grant aid will be diminished after 2007.

It is still a significant factor.

Mr. Gorman

It is still significant.

It has been acknowledged as being significant. How did this occur? Mr. Gorman made the argument on innovation. The press reports that I have read indicate that representations were made by various people, including the Taoiseach, to the President of the Commission, Mr. Barroso, without success. I understand that the Irish delegation included a footnote on research and development but it did not solve the problem. Was this overlooked by the negotiating parties when it came to dealing with the issue? Was this seen as a potential problem for the future that was not acted on successfully at the time?

Mr. Gorman

On the contrary, we were proactive in attempting to have the research and development clause included in the regulations. We knew it was important to Ireland in terms of the kind of investment we were likely to attract. We led the debate at European level and were instrumental in having that clause inserted in the regulations. We believed it would be helpful and would afford us an opportunity to support genuinely innovative projects.

The judgment of the Department of Enterprise, Trade and Employment, in terms of its effectiveness, was wrong.

Mr. Gorman

This was the first test. The Competition Directorate is totally independent in terms of how it polices the rules. I would not agree that we were wrong. It was better to have the option under innovation included in the regulations because it provided another basis on which a project could be deemed eligible for aid.

Certainly. In the case of Intel, however, I understand the threshold and the argument made regarding research and development. Nevertheless, the fact is that it did not meet the threshold as far as the Commission was concerned. It seems that it was more in hope than certainty that the footnote on innovation and research and development was included to try to overcome the obstacles. It was not successful and the Commission ruled against us, notwithstanding that footnote. However, that is history. Is it now the case that the door is shut on providing grants over €50 million?

Mr. Gorman

No, it is not. The door is not shut at all. We have only had one experience with this issue so far. The provision still exists and it can be used and tested again. Not many companies enjoy as dominant a position in the market as Intel. Market dominance could be an important factor in determining future cases.

It is also important to clarify that the Intel case only involves regional investment aid and that is where the problems arose. There is a suite of research and development aid which we expect will continue to be available, not just between now and the end of this programming period but also in the next programming period. We expect that research and development and ESF training will be the two areas where we will have capacity and flexibility to grant aid projects and that is something that we can look forward to. In the context of this particular regulation and the project in question, we did not get it through.

When I receive feedback from the Commission through Commissioner Wallström, I will contact Mr. Gorman to inform him of the answers. I do not think we should stop here. It is true that by 2007 this may not be as significant as it is now but the precedent this sets worries me. It is a concern that the European Commission can act in this way. If one reads The Economist every month, one would believe that we are the wealthiest country in the world. The fact is, however, that we need to be able to continue to attract industrial investment, particularly from the US. It is not acceptable that the Commission did not make a counter-argument to the one which we put forward concerning European competitiveness. It makes no sense and Europe has shot itself in the foot. I will revert to Mr. Gorman if I receive a reasonable response from the Commission.

According to figures I have read, aid to industry from Enterprise Ireland has dropped from approximately €70 million to €49 million during the past ten years. France, Germany and other countries are examining their levels of aid. Mr Gorman mentioned 2007 and I am interested to know what decisions will be made at that stage that will lead to a further decrease in State aid and what the final outcome will be.

Some grants already paid to industry should be refunded and I know that Mr. Gorman is pursuing this. Will he inform us, however, of the exact amount involved, the success rate to date and his hopes regarding outstanding amounts. Will all outstanding moneys be collected?

Could Mr. Gorman provide a figure on the total value of IDA Ireland's properties, including those that have been purchased and are being developed at present?

I have some specific questions on Kilkenny. I have already asked a number of parliamentary questions on the disposal of a property in Kilkenny city when Albert Reynolds was Minister. The property in question was disposed of to the Kilkenny Civic Trust. I am interested in ensuring accountability for the State on this matter, which the Department has investigated. The property was sold to the trust for a nominal sum in the public interest and because of the involvement of the local authority. Did the Department, upon its disposal, attach any conditions with regard to the public interest on the management or resale of the property? The property is held in trust with the current and future involvement of the local authority but its accounts are not furnished. It is as if it were a private limited company. I know that inquiries within the Department revealed some information but I would like to know who is responsible for the accounts and the continued existence of the trust. I do not imply that irregularities exist but we have a right to this information because of the significance of this property and in the interest of public accountability.

The local community raised money to purchase the Glassform site at Graignamanagh, County Kilkenny, many years ago and gave it to IDA Ireland, the role of which has since changed. It was intended that the property would attract industry but this did not happen. As IDA Ireland is unable to attract industry and in view of the condition of the site, will it be returned to the local community for more productive use? It is possible for the site to perform alternative functions driven by community initiatives, such as incubation units.

An agent of Enterprise Ireland has been working on a business plan for Comerama, Castlecomer, County Kilkenny, for almost two years. What are the Department's plans in terms of that plan and in respect of attracting industry to the area, which suffered heavy unemployment since the closure of its mines. What legal advice exists in respect of the refusal to make enhanced redundancy payments for the 180 workers of Comerama? A commitment, although disputed, was made. Precedents exist of such payments being made by the Department. Does the Department face continued exposure to claims?

Mr. Gorman

Is Deputy McGuinness interested in refunds due to IDA Ireland and the extent to which they are recoverable?

That is correct.

Mr. Gorman

I do not possess the details of all refunds due but will provide these details and our estimates of what is realisable and other concerns. IDA Ireland strives to promote sites for redevelopment and to attract industry. Its brief is generally to dispose of property at market value. I am not familiar with the details of the site to which Deputy McGuinness referred, the history of its acquisition or legal arrangements IDA Ireland may have made in respect of it. I can arrange with IDA Ireland to make that information available to the Deputy.

I ask Mr. Gorman to seek a means whereby the site may be returned.

Mr. Gorman

I will have to ask IDA Ireland to do so. My information on the Kilkenny Design workshop regarding the Castleyard and Butler House properties is that agreement was reached in November 1988 for their transfer to the civic trust in return for £250,000. The deal was effected in 1989. In response to representations from the Deputy, we have extensively searched for archived files but have thus far failed to find details on the matter.

The Kilkenny Civic Trust was a company incorporated under the companies Acts which was limited by guarantee without share capital. It was intended to represent local authorities and industrial, commercial and voluntary organisations. Three objectives were outlined for the trust, namely: that the retail design consultancy and craft activity carried out by Kilkenny Design would continue; that the historic and aesthetic qualities of the properties which are integral to the history of Kilkenny city would be secured; and that the possibility of further schemes to improve and enhance the environment of the city would be explored. We have not yet located the final sale contract for the premises but we found a draft version which included a provision for Kilkenny Corporation and Kilkenny County Council to ensure the continued public ownership of the properties should the trust enter liquidation. In so far as we can tell from the records, the parties to the contract were Kilkenny Design, Kilkenny Civic Trust, Kilkenny Corporation and Kilkenny County Council. We will continue to search the records of the Department and the other bodies involved for further clarification.

I do not want the Department to spend a great deal of time on the matter. I merely want to establish the public accountability of the civic trust and its means of renewal. Does information exist within the Department on methods for the replacement of members of the organisation?

Mr. Gorman

We will be pragmatic in our actions. I do not have information on the trust's accountability or its methods of renewal but I will examine our records for the Deputy.

That is all I want to know. I asked about the value of Mr. Gorman's property portfolio and Comerama in Castlecomer.

Mr. Gorman

I do not have a total valuation for the property portfolio of the IDA at my disposal, but I can inquire about it. I am not sure we would normally have the current state of play before us. It is normally something the agency will consider in managing the portfolio. I can inquire whether the agency has a current estimate of the valuation of those properties, but I do not have that to hand.

Mr. Purcell

The IDA's balance sheet would show fixed assets, including properties, but not all properties will be valued according to the same criteria. For instance, the value of land held for industrial development purposes will be expressed in terms of cost, depreciated cost and so on. Surplus land that was not being used would be valued on a different basis. The IDA accounts would give that information. They are publicly available, and I am sure they are available in the Oireachtas Library. The IDA is itself accountable to this committee.

On the Comerama issue——

Mr. Gorman

Could the Deputy outline the specifics of the issue again?

The factory known as Comerama was closed.

Mr. Gorman

Yes, and there were redundancy payments. I will have to look up the details on that. I will have to talk to Enterprise Ireland about the matter on the Deputy's behalf. It is an agency issue. I will make inquiries with our redundancy payments people.

I am aware of the difficulties and the problems, of the commitment that the Tánaiste gave when she visited the site and of what happened afterwards.

Mr. Gorman

I am not familiar with the specific issue.

What I want to get at, and what has been avoided in answers to parliamentary questions, is the whole issue of payments the Department made to workers in similar circumstances. Have there been precedents over the years involving the Department paying company workers out of some funds or other? Given the history of the case — and I understand Mr. Gorman does not know everything about it — will he check that out and give me a proper note on the matter? I understand Mr. Gorman sought legal advice on the issue. Officials from the IDA met representatives of the workforce. The union submitted a package to employees regarding their settlement, the closure and so on, based on the information received and the expectation that the Department would pay an enhanced payment to each of the workers. That did not happen. Had union representatives known that an enhanced payment would not be made before they put the settlement to the workforce, the situation might have turned out completely differently.

Every time I have asked a parliamentary question on the subject, I have been given an answer to a different question. I want to be specific about the matter, and I want Mr. Gorman to address the issue I have put to him. Will he send us a written note, letting us know the details and the precedents identified regarding other companies? I would like to know why the approaches taken previously have not been applied in this case. Although the closure was some time ago, it continues to be a bone of contention in my constituency, and I do not fully accept the current situation. Legal advice from the Department should be made known to us. Parliamentary questions have been asked but parts of them have not been answered. I suppose that could be for a number of reasons, but I am asking for an answer today in the context of the work of the Committee of Public Accounts.

Mr. Gorman

I will consider that point and come back to the committee.

That is fine.

Mr. Gorman

I do not have the details of the case with me, so I am not currently in a position to offer either detailed information or my view on where things might go.

Is it agreed to note Vote 34? That is agreed.

The agenda for our next meeting, on Thursday, 21 April 2005, will cover the Comptroller and Auditor General's value for money report No. 48, entitled The Grouped Schools Pilot Partnership Project.

The committee adjourned at 15.15 p.m. until 11 a.m. on Thursday, 21 April 2005.

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