I ask Mr. Purcell to introduce Votes 1, 6, 7 and 12, Chapters 1.1 to 1.3 and Chapter 2.1 of the Annual Report of the Comptroller and Auditor General, Finance Accounts 2006, and the relevant sections of Value for Money Report 56.
Chapters 1.1 to 1.3 and 2.1 of the Comptroller and Auditor General's report read:
1.1 Financial Outturn
The publication Audited Appropriation Accounts 2006 (Prn.A7/1594) includes a summary which shows the amount to be surrendered as €878.15m. This is arrived at as shown in Table 1.
Table 1 Outturn for the year 2006
|
€000
|
€000
|
€000
|
Estimated Gross Expenditure
|
|
|
|
Original Estimates
|
43,732,023
|
|
|
Supplementary Estimates
|
480,571
|
|
|
Deferred Surrender 2005
|
289,268
|
44,501,862
|
|
|
|
|
|
Deduct: -
|
|
|
|
Estimated Appropriations-in-Aid
|
|
|
|
Original Estimates
|
3,998,524
|
|
|
Supplementary Estimates
|
24,915
|
4,023,439
|
|
|
|
|
|
Estimated Net Expenditure
|
|
|
40,478,423
|
Actual Gross Expenditure
|
|
43,479,793
|
|
Deduct: -
|
|
|
|
Actual Appropriations-in-Aid
|
|
4,038,661
|
|
Net Expenditure
|
|
|
39,441,132
|
Surplus for the Year
|
|
|
1,037,291
|
|
|
|
|
Deferred Surrender 2006
|
|
|
159,135
|
Amount to be Surrendered
|
|
|
€878,156
|
The amount to be surrendered represents 2.17% of Estimated Net Expenditure as compared with 2.12% in 2005.
Extra Exchequer Receipts
Extra Receipts payable to the Exchequer as recorded in the Appropriation Accounts amounted to €393,249.
Surrender of Balances of 2005 Votes
The balances due to be surrendered out of Votes for Public Services for the year ended 31 December 2005 amounted to €775m. I hereby certify that these balances have been duly surrendered.
Stock and Store Accounts
The stock and store accounts of the Departments have been examined with generally satisfactory results.
1.2 Exceptions to General Procedures in Public Procurement
A significant proportion of day-to-day Government spending is accounted for by procurement of goods and services by Departments, Offices and Agencies. These activities are governed by EU and national legal and regulatory requirements. Practical guidance on the application of these norms is found in circulars and correspondence relating to ethical considerations, good governance and procurement best practice. In addition, an eTenders website is available to facilitate Departments and Offices in the application of these rules.
The most important source of guidance is Public Procurement Guidelines – Competitive Process, issued in 2004 by the Department of Finance which updated and replaced earlier 1994 guidelines.
The guidance emphasises the need for the public procurement function to be discharged honestly, fairly, and in a manner that secures best value for public money. Contracting authorities must be cost effective and efficient in the use of resources while upholding the highest standards of probity and integrity. Management in Government Departments and Offices is expected to ensure that there is an appropriate focus on good practice in purchasing and, where there is a significant procurement function, that procedures are in place to ensure compliance with all relevant rules.
In general, a competitive process carried out in an open, objective and transparent manner can achieve best value for money in public procurement and comply with the principles set out in the EU Treaty and EU Directives on public procurement. EU Directives set thresholds and describe the circumstances in which different types of competitive processes should be used in Public Procurement.
The Guidance states, "It is a basic principle of public procurement that a competitive process should be used unless there are justifiably exceptional circumstances. The type of competitive process can vary depending on the size and characteristics of the contract to be awarded and the nature of the contracting authority."
For contracts or purchases below EU threshold values and not part of a "draw down" or framework contract, less formal procedures may be appropriate as follows
Supplies or services less than €5,000in value might be purchased on the basis of verbal quotes from one or more competitive suppliers
Supplies or services contracts between €5,000 and to €50,000in value might be awarded on the basis of responses to specifications sent by fax or email to at least three suppliers or service providers.
The values and procedures may be adapted as appropriate to suit the type of contracting authority and the nature and scale of the project. Reasons for procedures adopted, including procedures where a competitive process was not deemed appropriate, should be clearly recorded. All contract award procedures should include a verifiable audit trail.
Department of Finance Circular 40/02
Department of Finance Circular 40/02 provided for revised procedures to be applied, from January 2003, in the Central Government sector where it is proposed to award contracts which exceed €25,000 in value (exclusive of VAT) without a competitive process. Prior to 2003, exceptions to the general rule requiring a competitive process were examined by a committee comprising representatives of the Department of Finance and major purchasing Departments e.g. Office of Public Works. This committee is known as the Government Contracts Committee. Under the new arrangements proposed contracts exceeding the limit which were not subject to a competitive process were required to be reviewed within the Departments/Offices by the Internal Audit or by an appropriate senior officer who was not part of the procurement process. A supplement to the Circular, providing guidance for officers reviewing proposed contract awards, was issued by the Government Contracts Committee in July 2003.
The Circular also provides that
Accounting Officers should complete and submit an Annual Return in respect of such contracts to the Comptroller and Auditor General by 31 March of the following year. The returns should give details of the subject or purpose of the contract, its value and the reasons for not having a competitive process. A copy of the return is to be sent to the National Public Procurement Policy Unit of the Department of Finance at the same time.
Each Department/Office should maintain an up-to-date central register of such exceptional purchases and contracts.
Each Department/Office should designate a Procurement Officer to collate the information on these contracts and to be a contact point with the Government Contracts Committee. The earlier 1994 Guidelines provided that the Procurement Officer would "ensure that all matters related to procurement of works, supplies and services and the disposal of property and equipment are in accordance with legal and administrative requirements".
Interestingly, the Health Service Executive, which is funded by a separate Vote, is not required to submit an annual return to me of contracts exceeding €25,000 that were not subject to a competitive process even though that body is one of the major State purchasers of supplies and services. However, the Department of Finance has recently informed me of its intention to apply this requirement to the HSE for the future.
Audit Findings
As required by the Circular, all 35 Departments and Offices submitted returns to me in respect of 2006. In 11 cases, the Departments or Offices indicated that they had not entered into any contract greater than €25,000 without having a competitive process. The returns from the remaining 24 Departments and Offices showed that they had concluded 195 such contracts to a total value of more than €44m without recourse to competitive tendering.
Over 40% of this value is accounted for by 5 contracts concluded by the Department of Defence in respect of purchases associated with its fleet of aircraft –€18.9m. Operational confidence, reliability and safety as well as the proprietary nature of the goods and services involved are at the core of the inability of the Department to use a competitive process for these purchases.
In another case, the Department of Education and Science indicated it had entered into a contract with a benefactor who had offered to transfer to the parish involved a 5.2 acre site and to design and build a new 16-classroom school at a fixed cost of €4.02m. As part of the proposal, ownership of the existing school site would transfer to the benefactor. The estimated cost of building the school was €10m. The Department correctly sought alternative proposals for the provision of the school through the Government's eTenders Website prior to accepting the offer.
Table 2 shows by Department the value of the remaining contracts disclosed in the departmental returns.
Table 2 Value of Contracts awarded by Departments/Offices Reported under Circular 40/02
Department/Office
|
Cases
|
€m
|
Garda Síochána
|
52
|
5.761
|
Revenue
|
23
|
2.933
|
Office of Public Works
|
22
|
2.753
|
Transport
|
6
|
1.646
|
Justice Equality and Law Reform
|
8
|
1.513
|
Enterprise, Trade and Employment
|
16
|
1.219
|
Communications, Marine and Natural Resources
|
17
|
1.435
|
Agriculture and Food
|
4
|
0.768
|
Social and Family Affairs
|
8
|
0.761
|
Environment, Heritage and Local Government
|
7
|
0.519
|
Defence
|
5
|
0.278
|
Other (including the Department of Education and Science)
|
24
|
2.157
|
Total
|
192
|
€21.743m
|
Table 3 sets out the main reasons given in the returns why competitive processes were not used in placing these contracts. While the reasons given were sometimes complex and uninformative, I have attempted to place them in categories which best give an understanding of the underlying circumstances in which the contracts were concluded.
Table 3 Reasons Cited for Departure from Use of Competitive Process
Reason
|
Number of Cases
|
Value of Contracts
€m
|
Proprietary Goods
|
73
|
9.604
|
Only Suitable Supplier
|
32
|
3.308
|
Expert /Recent Experience
|
31
|
3.739
|
Extension/Rollover of Contract
|
15
|
1.209
|
Security Considerations
|
15
|
2.342
|
Urgency
|
15
|
0.855
|
Other
|
11
|
0.686
|
Total
|
192
|
€21.743m
|
Issues Arising
The opt out of the competitive process, provided for in Circular 40/02, is designed to be a refuge of last resort, where compliance with the guidance set out in the Public Procurement Guidelines – Competitive Process, would be disadvantageous for Departments or Offices in carrying out their functions in the most effective and efficient manner. It is clear that circumstances arise where it is necessary to resort to procurement by non-competitive processes for reasons of urgency, security or genuine lack of suitable providers of goods or services. However, it is incumbent on the Departments and Offices to ensure that they have in place processes to identify in a timely manner their procurement needs so as to avoid resorting to urgent purchases. Equally, it is important that they avoid identifying their needs by reference to brand products. Specifications should, where possible, be described in generic terms so as to encourage real competition which should lead to better prices, quality and innovative offerings from the market. While the results of many procurements may be the purchase of brand products or services, the procurement process should be characterised by efforts to ensure that “brand capture” does not result in future streams of payments over which Departments and Offices have little or no control.
While it is important that Departments and Offices have sufficient flexibility to carry out their functions, the risk posed by inappropriate use of the discretion exceptionally allowed in the guidance can best be countered by ensuring that there is a properly functioning and independent a
priori evaluation of proposed procurements which do not meet the competition norms.
My review indicated that, in general, Departments and Offices comply with the requirement to review proposals to enter into contracts without a competitive process and to maintain central registers of such contracts. There were a number of instances where this compliance was of an informal or random nature.
Proprietary Goods
Generally speaking, purchases in this category comprise named products or exclusive services. In some instances these procurements include maintenance of previously acquired goods or services, upgrades, additional purchases, etc. This accords with EU Directive 2004/18/EC which allows contracting authorities to award public contracts by a negotiated procedure when, for technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the contract may be awarded only to a particular economic operator. Procurement of so-called proprietary goods arises when specific branded goods are selected to meet a need. It can also arise when there is a desire to restrict the number of different products in use for simplicity of maintenance, carriage of spares etc. It is clear that the advantages of a competitive process cannot be achieved where Departments and Offices specify proprietary goods as this may result in a risk to achieving value for money. Of the 73 instances contained in the departmental returns, 44 were in respect of purchases by the Garda Síochána to a value of €5.292m. These consisted overwhelmingly of additions to or support for Garda computer and communications systems. The proprietary goods purchased by other Departments were also predominantly IT related.
These results confirm the importance of considering whole life costs and in particular the cost of future additions when planning all IT procurements.
Only Suitable Supplier and Expert or Recent Experience
These categories include both procurements where there is only one suitable supplier and procurements where Departments and Offices have previously used the services of individuals or firms in the recent past or have identified, without recourse to competitive processes, persons or firms whose expertise coincides with their requirements. The latter cases do not imply that is there is not a suitable alternative to the supplier selected.
This group includes procurements where, on the face of it, there is a self-evident case for the choice made. For example, the Department of Social and Family Affairs entered into a contract estimated to cost between €200,000 and €340,000 with the Northern Ireland provider of Smartcards as part of the All Ireland Free Travel Scheme to enable pensioners to avail of free travel in the North. Another example was the purchase by the Revenue Commissioners of three Drug Detection Dogs and the training of their handlers at a total cost of €50,674.
However, notwithstanding these examples, failure to go to the market on a regular basis may limit the market with the inherent risk of reducing the possibility of achieving value for money in these purchases.
Extension/Rollover Contracts
A number of the arrangements which were extended or rolled over during 2006 had been in place for several years. Justifications put forward for continuing the arrangements included
Experience gained from prior involvement
Contractor best placed to provide for requirements without undue extra cost to the Exchequer
Not possible to go to the market due to staffing difficulties
Service provided suited needs in the past.
One third of the value of this category is accounted for by a contract rolled over by the Department of Agriculture and Food. The Department was required to take over the storage of sugar following the restructuring of the sugar market in 2006 and took the view that it was the intention of the regulations that the existing Irish Sugar Ltd. storage contract with the firm in question be continued by the Department and that this was the prudent and most cost effective way of dealing with the issue. The cost in 2006 was €381,000.
Almost all of the contracts in this category are for the provision of services.
The key risk that arises in this category is that failure to test the market on a regular basis may lead to poor value for money being achieved.
Urgency
Significant examples of urgency were the temporary recruitment by the Departments of Agriculture and Food and Community, Rural and Gaeltacht Affairs of a project manager and a business administrator, respectively, arising from the unexpected resignation of their predecessors. The costs were €132,000 and €109,000.
While there can be ample justification for using urgency as a reason for not using a competitive process in some engagements, there is an absolute necessity for independent reviewers to ascertain the underlying circumstances giving rise to the urgent need for procurement and to confirm whether alternative planning arrangements would have obviated the need to resort to non-competitive processes in similar situations.
Exceptional Circumstances
Two returns illustrated unusual circumstances where specific technical or operational skills/knowledge were required and tenders were not sought.
Following a decision by Enterprise Ireland (EI) to disengage from the provision of certain services to the Irish Offshore Sector, the Department of Communications, Marine and Natural Resources concluded a contract without a competitive process with a company, the principal of which had been engaged in the particular line of work with EI as an employee prior to its disengagement. He took a career break from EI to set up and head the company. The estimated value of the contract, spanning five years from 2004 is €500,000.
The Director of Public Prosecutions had an urgent need to review the manner in which internal management control procedures in the Office had operated arising from a decision in a particular case having taken longer than acceptable to issue. The Director engaged the Chairman of the Office's Audit Committee without competitive tender to undertake this review as his skill set was considered to uniquely qualify him to undertake this review expeditiously. In addition to his wide experience of organisational processes, he also was considered to have a detailed knowledge of the Office and its management control procedures from his role as Chairman of the Audit Committee. The contract cost €28,000.
Although exceptional circumstances came into play in both cases, the way in which the difficulties were addressed was less than ideal.
1.3 Agency Services
The Office of Public Works (OPW) acts as agent for other Departments and Offices in the purchase of sites and buildings, the procurement and management of construction type contracts, and the maintenance of public buildings. Public Financial Procedures (PFP) provide that OPW requests advances from any Department or Office (as principal) prior to entering into contracts or meeting any costs. The costs are charged to a Department’s Appropriation Account when the amounts involved have been certified by OPW as having been duly disbursed by it. Where it may be some time after the end of the financial year before OPW can determine the precise amounts disbursed, a Department may, in order to close its Appropriation Accounts on 31 December, charge an agreed estimated amount in respect of agency services.
If expenditure is not significant OPW as agent may make payments in respect of the service from its own voted moneys on a suspense basis. OPW should secure recoupment from the Department concerned within the year in which the payments have been made.
These rules derive from the cash based accounting system statutorily used by Government Departments and Offices under which Dáil Éireann annually votes the sums to be made available for each service. Under this system, amounts not spent in any year are required to be surrendered to the Exchequer. Each year, I confirm that the amounts for surrender recorded in the Appropriation Accounts for the previous year have been duly surrendered.
Audit Examination
The Appropriation Account for Vote 10 – Office of Public Works shows in its Statement of Assets and Liabilities, net credit balances in suspense accounts amounting to more than €48m at 31 December 2006. This amount consists primarily of unspent balances (mostly advances) from clients totalling €62m, partly offset by amounts due from them totalling €14m for agency services provided without prepayment. The Appropriation Accounts of Departments and Offices that made advances to OPW should reflect, in their Statements of Assets and Liabilities, corresponding debit balances.
As part of my audit of the 2006 Appropriation Accounts, I selected for examination a sample of the significant credit balances recorded by OPW. Examination of the underlying transactions in this sample indicated that the amounts shown in the suspense accounts of Departments/Offices providing the advances did not agree with the corresponding amounts shown in the OPW suspense accounts.
Table 4 Comparison of OPW and Departmental Suspense Account Balances 31 December 2006
Department/Office
|
OPW Credit Balances
€m
|
Departmental Debit Balances€m
|
Department of Education and Science
|
31.969
|
nil
|
Department of Finance
|
3.193
|
nil
|
Department of the Environment, Heritage and Local Government
|
2.325
|
1.340
|
Office of the Revenue Commissioners
|
1.207
|
0.783
|
Department of Agriculture and Food
|
1.619
|
nil
|
In the light of the variations between these balances, I sought the views of the Accounting Officers concerned.
I also asked them to outline the procedures in place to ensure that the appropriate expenditure was charged to their respective Appropriation Accounts at the proper time.
Department of Education and Science
The Accounting Officer, Department of Education and Science said OPW acted as agent for the Department in the sourcing and purchasing of sites for schools, management of the asbestos remediation programme in schools and the provision, maintenance and furnishing of its office premises network. For many years, the Department charged amounts advanced to OPW for these services directly to the Appropriation Account. The Department was unaware that it was in breach of prescribed procedures. Its payments to OPW in respect of the site acquisition and asbestos remediation programmes were made in respect of multi-annual rolling programmes of work. The Department complied with requests from OPW for payment prior to work commencing and charged these payments to the Vote subheads rather than to suspense as required. It also believed that building and remedial work were fixed sum contracts and as such did not anticipate there would be credit balances remaining in OPW suspense accounts.
She informed me that while the Department received and examined annual statements for site acquisition and asbestos remedial work it did not in other cases obtain annual certificates of expenditure from OPW. The Department and OPW liaise regularly on the management of the Department's site acquisition programme and OPW supplies the Department with monthly progress reports. In regard to the office premises the Department liaises with both the OPW architect and the contractor to ensure work is completed to the required specification.
While pointing out that the problem highlighted by my audit was one of accounting treatments and conventions rather than improper use of funds, the Department accepted that it needed to review its procedures in consultation with OPW. It would be necessary for the Department to obtain the assistance and agreement of OPW to the preparation, on a timely basis, of quarterly statements on the transactions on each account in order that the appropriate charges might be made to the Vote for agency services in the future.
She added that arrangements had been initiated, internally and with OPW, to ensure compliance with the correct procedures.
The Appropriation Account for Vote 26 – Education and Science – has been amended to reflect the correct charges for OPW agency services, in respect of site acquisition and asbestos work, involving some €30.3m in 2006. This increases the surrender to the Exchequer from €36m to €66m.
Department of Finance
The Accounting Officer, Department of Finance informed me that in the case of his Department the advances made to OPW were charged directly to the relevant subhead of the Vote for Finance and not to suspense as required. A certificate had not been obtained from OPW to support the charge to the Vote.
He indicated that two items making up the OPW balance for his Department did not relate to projects chargeable to Vote 6 – Finance.
He agreed that the correct procedures had not been adhered to in respect of these transactions. The 2006 Appropriation Account for the Vote had been amended to reflect the appropriate charge. As a result the amount to be surrendered to the Exchequer in this case has increased by €2.3m to €16.5m.
He was satisfied however, that on-going and continual liaison with OPW architects for all projects ensured appropriate signoff on completion of jobs and that no loss of public funds occurred as a result of the accounting treatment of these transactions.
He went on to state that when these matters were drawn to his attention he availed of the opportunity to remind staff of the Department of the importance of complying with Public Financial Procedures. As the matter had relevance beyond his Department he indicated that he had written to all Accounting Officers reminding them of the correct procedures to be followed in this matter.
Department of the Environment, Heritage and Local Government
The Accounting Officer, Department of the Environment, Heritage and Local Government in her response agreed that the OPW balance did not accord with the corresponding balance recorded by her Department. The Department had been in touch with OPW and confirmed that some balances go back a number of years. It was the Department's belief that one credit balance for €511,000 described as relating to the Custom House was incorrectly held as an advance for works that had been completed for some time. A definitive reconciliation of payments made to OPW would be carried out to address disparities between the Department's suspense account balances and those of OPW. She has instructed that guidelines be issued to all staff involved on the financial and accounting procedures to be observed in making inter-agency payments, and to ensure that a full reconciliation is effected at year-end.
In general, payments made to OPW were correctly charged to suspense accounts but it had come to light that two payments amounting to €200,000 which should have been charged to suspense accounts had been charged directly to Vote expenditure. In addition, there were further payments to OPW charged to Vote expenditure where it was not possible in the time available to verify beyond doubt that the full amounts were correctly chargeable in 2006. As the combined amounts were not material to the Department's overall expenditure, there was no requirement to amend the Vote.
Department of Agriculture and Food
The Accounting Officer, Department of Agriculture and Food, informed me that the nature of the services for which advances had been paid is such that final statements had not issued in the year in which the advances were made. In these circumstances, the practice has been to charge these amounts to the relevant subhead in the Department's Vote.
Bearing in mind that amounts charged to the Vote in this way are immaterial in the context of the total Vote expenditure in the year and that the difference between OPW records and those of the Department has been reconciled to my satisfaction, I have not insisted on a change to the Appropriation Account as presented.
However, in future, the Department should change its practice and charge the advances to a suspense account in the first instance. The charge to the Vote can only be made when OPW confirms its inability to give, on a timely basis, a definitive amount for expenditure incurred within the year and has agreed with the Department an estimate of the sums spent on the service.
Office of the Revenue Commissioners
The Accounting Officer of the Office of the Revenue Commissioners informed me that advances made to OPW were charged in the first instance to suspense accounts and that these suspense accounts were correctly discharged on the basis of disbursement certification by OPW. The difference between the amounts recorded by OPW and the Revenue Commissioners has been reconciled to my satisfaction.
Office of Public Works
The Accounting Officer of the Office of Public Works, in response to my enquiries, informed me that his Office managed a wide range of services on behalf of client Departments and Offices involving several hundred accounts and expenditure in excess of €75m a year.
As a general principle, OPW opens a separate account for each project and does not normally offset a credit balance in one account against a debit balance in another belonging to the same Department until projects have been completed.
As agency work typically involves contracts between OPW and external contractors, OPW required that clients maintain their accounts in credit so as to ensure that there were always sufficient client funds available and accessible to meet payment demands. These funds are held in an interest bearing account with the Central Bank. The Appropriation Account for Vote 10 – Office of Public Works – for 2006 showed a credit balance in its account with the Central Bank of €122m (€89m when outstanding cheques were taken into account).
The Accounting Officer stated that OPW Business Units regularly briefed client Departments on the status and progress of projects, including the financial position. He cited as an example, the service OPW provided for the Department of Finance for the procurement of crèches at various Government offices. He pointed out that a monitoring committee representing the Department and OPW met regularly to plan, discuss and monitor all aspects of the management and delivery of the programme, including the financial dimensions.
In the case of the Department of Education and Science, OPW provided a hugely important and complex service to the Department – the acquisition of school sites. OPW had a longstanding prudent policy of seeking and accepting funding from the Department only when the finalisation of the legal stages of acquisition was imminent. He said that there was no doubt that in the event of funding not being available immediately on close of sale some deals would fall through. The balance on this account, €23m at 31 December 2006, was reduced to €12.4m by end January 2007 and to €8.6m at end June 2007. OPW provided annual financial statements to the Department of Education and Science.
He added that OPW took a conservative and careful approach to reducing balances to zero and closing suspense accounts. They preferred to keep accounts open until it was clear that there would be no further costs payable.
The Accounting Officer also informed me that, notwithstanding the arrangements already in place for the supply of information to clients, he had decided to introduce a formal procedure of regular notification of project financial statements to client Departments.
2.1 Forecasting of Tax Receipts
The Department of Finance prepares estimates of tax receipts each year with the assistance of the Revenue Commissioners. The final estimate, which takes account of changes introduced in the Budget, is presented on Budget day each year and is known as the Post-Budget Estimate. Details of the actual tax collected each year are published in the Revenue Annual Report. The amounts transferred to the Exchequer by Revenue, as opposed to the actual amounts collected, are published in the monthly Exchequer Statement and the annual Finance Accounts. The total Exchequer receipts for 2006 (€45.5 billion) exceeded the forecast (€41.65 billion) by almost €3.9 billion or over 9%.
Figure 1 Contribution of each Tax to Total Excess over Forecast 2006
In my 2001 Report, I highlighted the taxation shortfall against forecast of over €2.5 billion that occurred in 2001. While there was also a shortfall in 2002, it was somewhat lower at just over €1 billion. Since 2002, the trend has been for actual tax receipts to exceed forecast as can be seen in Figure 2. While PAYE contributed €763m and €730m to the shortfalls in 2001 and 2002 respectively, actual PAYE receipts in 2006 were within €155m of the forecast.
Figure 2 Variation against Forecast 2002 to 2006
I asked the Accounting Officer of the Department of Finance what were the reasons and underlying factors for the large surplus in each of the years 2004, 2005 and 2006. In reply he confirmed that Exchequer tax revenues in each of the last three years had significantly outperformed their Budget day targets. In 2004, tax revenues were 6.5% ahead of target. In 2005, receipts were 4.7% ahead of target and, in 2006, tax revenues were 9.3% ahead of target.
However, he pointed out that focusing on the major tax-heads – VAT, income tax, corporation tax and excise duty – which, in the years 2004, 2005 and 2006 have accounted for around 85-90 % of total taxes and excluding the impact of receipts from Revenue's special investigations, tax revenues had been close to target, particularly in 2004 and 2005.
He provided me with the following analyses of the surpluses for 2004, 2005 and 2006.
2004
The 2004 Budget day target for tax revenues was €33,400m. The actual outturn was €35,581m giving an overall tax revenue surplus of €2,181m. The individual tax-head breakdown is in Table 5.
Over half of the excess in 2004 came from stamp duties and capital gains tax, a reflection of the continued strength of the asset market, particularly the property market that was not foreseen by any commentators at the time of the 2004 Budget. The prudent nature of the tax forecasts for these particular tax-heads in 2004 reflected that view.
Included under the income tax heading were receipts of €673m in respect of the main Revenue special investigations in 2004, the Offshore Assets Group and Bogus Non-Resident Account investigations. Receipts from these sources were forecast at €150m, giving an excess over target of €523m. This represented almost one quarter of the total excess. By their nature, receipts from this source could not be forecast with any degree of accuracy.
Excluding these special investigations moneys, receipts from the major tax-heads, VAT, income tax, corporation tax and excise duty, that accounted for almost 90% of total taxes in 2004 were just 1.4% ahead of target.
Table 5 2004 Exchequer Tax Revenue – Outturn v Forecast
|
2004 Forecast€m
|
2004 Outturn€m
|
+/- €m
|
+/- %
|
Customs Duty
|
137
|
173
|
+36
|
+26.3
|
Excise Duty
|
4,864
|
4,928
|
+64
|
+1.3
|
Capital Gains Tax
|
851
|
1,516
|
+665
|
+78.1
|
Capital Acquisitions Tax
|
150
|
190
|
+40
|
+26.7
|
Stamp Duty
|
1,600
|
2,088
|
+488
|
+30.5
|
Income Tax
|
10,077
|
10,651
|
+574
|
+5.7
|
Corporation Tax
|
5,348
|
5,332
|
-16
|
-0.3
|
VAT
|
10,368
|
10,693
|
+325
|
+3.1
|
Levies
|
5
|
10
|
+5
|
–
|
Total
|
€33,400m
|
€35,581m
|
+€2,181m
|
+6.5%
|
2005
The 2005 Budget day target for tax revenues was €37,505m. The actual outturn was €39,254m, giving an overall tax revenue surplus of €1,749m. The individual tax-head breakdown is provided in Table 6 below.
Table 6 2005 Exchequer Tax Revenue – Outturn v Forecast
|
2005 Forecast€m
|
2005 Outturn€m
|
+/- €m
|
+/- %
|
Customs Duty
|
170
|
226
|
+56
|
+32.9
|
Excise Duty
|
5,075
|
5,233
|
+158
|
+3.1
|
Capital Gains Tax
|
1,500
|
1,960
|
+460
|
+30.7
|
Capital Acquisitions Tax
|
180
|
249
|
+69
|
+38.3
|
Stamp Duty
|
2,085
|
2,725
|
+640
|
+30.7
|
Income Tax
|
11,105
|
11,266
|
+161
|
+1.4
|
Corporation Tax
|
5,760
|
5,492
|
-268
|
-4.7
|
VAT
|
11,625
|
12,089
|
+464
|
+4.0
|
Levies
|
5
|
14
|
+9
|
–
|
Total
|
€37,505m
|
€39,254m
|
+€1,749m
|
+4.7%
|
As in 2004, a large proportion of the excess in tax revenues in 2005, almost 63%, came from stamp duties and capital gains tax. Once again this was due to the continued strength of the asset market, particularly the property market in the latter half of the year.
18% or €313m of the total excess was due to a greater than expected yield from Revenue's main special investigations. The main tax yielding investigation in 2005 was the Single Premium Insurance Investigation. Receipts from the main investigations in 2005 were forecast at €200m. The actual yield was €513m.
Excluding these moneys, receipts from the major tax-heads, which accounted for 87% of total taxes in 2005, came in just 0.6% above target.
2006
The 2006 Budget day target for tax revenues was €41,650m. The actual outturn was €45,539m, giving an overall tax revenue surplus of €3,889m. An individual tax-head breakdown is provided in Table 7.
Table 7 2006 Exchequer Tax Revenue – Outturn v Forecast
|
2006 Forecast€m
|
2006 Outturn€m
|
+/- €m
|
+/- %
|
Customs Duty
|
240
|
257
|
+17
|
+7.1
|
Excise Duty
|
5,490
|
5,589
|
+99
|
+1.8
|
Capital Gains Tax
|
2,035
|
3,100
|
+1,065
|
+52.3
|
Capital Acquisitions Tax
|
260
|
353
|
+93
|
+35.8
|
Stamp Duty
|
2,685
|
3,716
|
+1,031
|
+38.4
|
Income Tax
|
11,810
|
12,390
|
+580
|
+4.9
|
Corporation Tax
|
6,030
|
6,683
|
+653
|
+10.8
|
VAT
|
13,095
|
13,448
|
+353
|
+2.7
|
Levies
|
5
|
3
|
-2
|
–
|
Total
|
€41,650m
|
€45,539m
|
+€3,889m
|
+9.3%
|
As in the previous two years, a significant proportion, €2.1 billion or 54%, of the overall excess came from stamp duties and capital gains tax that continued to benefit from buoyancy in the asset market and, in particular, the property market. Again, this level of activity was not anticipated by forecasters generally.
The corporation tax surplus of €653m was partially due to some unexpectedly high payments from a small number of large companies and partially due to some new companies paying significant amounts of tax for the first time.
Income Tax also performed above expectations, coming in €580m or 4.9% ahead of target. The bulk of this excess arose on the non-PAYE side.
Excluding the impact of special investigations receipts which were not as significant in 2006 as they were in 2004 and 2005 and which actually came in below target in 2006, the major taxes which together accounted for 84% of actual tax revenues in 2006, were 4.8% ahead of target.
Review of Forecasting Performance
In October 2005, the International Monetary Fund (IMF) published an analysis of Ireland's track record on forecasting the fiscal balance. On the revenue side the analysis found that stronger-than-expected economic growth and buoyant asset price developments were the main reasons for the overshooting of tax revenue. In terms of economic growth forecasts, upon which the tax forecasts are based, it was outlined that Department of Finance forecasts were not dissimilar to those of other institutions, and the difficulty in forecasting economic growth in a period of strong economic growth was highlighted. The IMF recommended the continuation of what it called the "prudent approach" to budget forecasts given the risks that asset developments may not continue to contribute significantly to large upside surprises. It also stated that the institutional framework for fiscal policy and budget forecasting practices in Ireland are relatively strong compared with other countries.
The Accounting Officer informed me that many factors can affect the outcome of a tax revenue forecast that is subject to an appreciable degree of uncertainty. He stated
Tax revenue is a product of the level of economic activity, and forecasting economic activity is not an exact science. Budget tax forecasts are made at a time when reliable economic data on the current or forecast year is not available. Economic data for previous years published by the Central Statistics Office (and similar statistical bodies elsewhere in the world) is subject to regular revision for a number of years after the end of the year in question.
The actual composition of economic activity is also a key factor and this, likewise, is difficult to predict in advance.
The actual outturn for current year tax receipts is not known at the time that Budget tax forecasts have to be made and also has to be estimated.
The impact of once-off or extraneous factors e.g. special investigations receipts, from year to year can be significant.
The effect of structural changes in the tax system that can sometimes impact on taxpayer behaviour with unforeseeable results on tax revenues in the short term.
Improving Forecasting
In response to my enquiry as to what action has been taken or is planned to improve the accuracy of budget forecasting, the Accounting Officer informed me that a Direct Tax Base Working Group, an informal group made up of officials of the Department of Finance and the Revenue Commissioners, was set up with the approval of the Minister for Finance in mid-2002. The original purpose of the group was to build on the earlier analyses of shortfalls in direct tax revenue in 2001 and 2002 and to examine issues that may have an impact on the tax yield from direct taxes, including income tax, for the purpose of improving the tax forecasting methodology. The work of the group is ongoing.
The Tax Forecasting Methodology Review Group, chaired by a senior economist on secondment to the Department of Finance from the Central Bank and comprising representatives from the Department of Finance, the Revenue Commissioners, the Central Bank, the Economic and Social Research Institute and the European Commission, was set up in December 2006. The terms of the reference for the group are
To review the existing tax forecasting methodology
To examine the reason for the tax forecast divergences
To analyse the information bases on which forecasts are made
To review the structural parameters of tax elasticities
To look at the experience in other relevant jurisdictions and
To make recommendations for changes to the methodology, where appropriate.
The group first met in January 2007 and has met five times so far. The group has examined a range of issues. These include
The existing approach to tax forecasting
The performance of the tax forecasts produced by the Department since 1998
Revising the forecasts based on the most-up-to date economic data available
Accounting for one-off receipts and recent property market performance
Examining the long-run aggregate tax elasticity and
Examining the tax forecasting methodology of other institutions.
He also informed me that, in order to concentrate resources on the work of this group, it had been agreed that the Direct Tax Base Working Group would postpone its work until after the Review Group had reported. This is expected some time during Summer 2007 and it is expected that its report will be published in due course.