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COMMITTEE OF PUBLIC ACCOUNTS debate -
Thursday, 21 Jul 2011

Finance Accounts 2009

Mr. Kevin Cardiff (Secretary General, Department of Finance)called and examined.

I remind everyone to turn off mobile phones because they interfere with the transmission and sound quality of the recording.

I advise witnesses that they are protected by absolute privilege in respect of the evidence they give to the committee. If they are directed by the committee to cease giving evidence on a particular matter and continue to do so, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and asked to respect the parliamentary practice to the effect that, where possible, they do not criticise or make charges against a Member of either House, a person outside the Houses, or an official by name or in such a way as to make him or her identifiable.

Members are reminded of the provision within Standing Order 158 that the committee shall 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 policy or policies.

I welcome Mr. Kevin Cardiff, Secretary General, Department of Finance, and ask him to introduce his officials.

Mr. Kevin Cardiff

I am accompanied by Mr. Paul Ryan, corporate services division; Ms Ann Nolan; Mr. John McCarthy; Mr. David Moloney from the new Department of Public Expenditure and Reform who will obviously be covering matters in respect of that Department, and Mr. John Warn, banking division.

I ask Mr. Buckley, the Comptroller and Auditor General, to introduce the 2009 Annual Report of the Comptroller and Auditor General and Appropriation Accounts.

Mr. John Buckley

The net cost of running the Department of Finance in 2009 was €65 million, as disclosed in Vote 6. The Department classified its operations that year under four main programmes - budget taxation and economic policy; public expenditure and sectoral policy; financial services and public service management policy. Since the recent restructuring, public expenditure and sectoral policy, as well as public service management has transferred to the new Department of Public Expenditure and Reform. Certain functions of the Minister are also performed through the NTMA, which had an administrative budget of €39.4 million in 2009. That money is made available directly from the Central Fund.

As well as the Vote, the Department also produces a composite report account of State financial activities known as the finance accounts. For ease of reference, the key payments are set out in chapter one of my report. The chapters before the committee today set out the overall account of State transactions I just alluded to, some information on the major liabilities and assets of the State at the end of the year, the obligations at the end of 2009 of the State under public private partnership arrangements and the measures that have been adopted to stabilise the banking system and its institutions up to the point where we finalised the report. Also, Ireland's financial transactions with the European Union are covered.

The salient facts included in the chapters and updated for 2010 transactions are that the State deficit was €24.6 billion in 2009 and in 2010 it was €18.7 billion; tax revenue fell from €47.3 billion in 2007 to €33 billion in 2009 and dropped again slightly in 2010 to €31.8 billion, a drop of a third in three years, €15.5 billion in money terms; and after taking account of cash balances of €21.8 billion, or a liquidity buffer that had been built up, the net national debt at the end of 2009 was €75.2 billion. The corresponding net debt at the end of 2010 is €93.4 billion.

Those figures are in net terms. The gross Government debt at 31 December 2010, after taking account of promissory notes that were issued in connection with bank stabilisation and other liabilities in connection with the semi-State sector, was €148 billion. If there was a whole-of-Government balance sheet, another item that would appear is the cost of occupational pension liabilities that represent the present value of the amounts that would fall to be repaid in respect of pensions that have been earned up to end December 2009 of the order of €116 billion. In addition there were commitments of €4.1 billion, representing future cash outflows under public private partnerships that had been entered into up to the end of 2009. We also paid €1.5 billion towards the EU budget and received back €1.8 billion.

Chapter six in the report deals with the bank stabilisation measures that been taken up to July 2010. The matter was discussed previously at the PAC last October and subsequently the committee held a session based on the records of the domestic standing group. In the wider context, the former committee also examined special reports on NAMA and on banking regulation.

The key stabilisation measures that have been taken are the guarantee of deposits and liabilities that covers sums up to €334 billion at mid-2010. There was continued provision by the euro system of liquidity and emergency lending guaranteed by the State to banks domiciled in Ireland and the nationalisation of Anglo Irish Bank and the acquisition of two building societies. NAMA purchased at a discount impaired assets that had an original book value of €71 billion. These were acquired for around €30 billion, with 95% of this sum being paid by way of Government-guaranteed floating rate notes and the balance of 5% being met by way of subordinated debt. There was provision of capital of €47 billion to Irish banks up to the end of 2010, with a commitment to increase this by up to €24 billion, if required. Another element was the reform of financial regulations, reintegrating the systemic and institutional aspects of regulation and in this connection the Central Bank, as required by the legislation, has published its first annual performance statement on financial regulation, which covers 2010-11. It did this in April 2011.

Certain banking functions of the Minister have been delegated to the NTMA. While the chapter we have before us provides a snapshot of the banking stabilisation situation at a point in time, that position is continually evolving and the Accounting Officer will be able to update the committee on subsequent developments.

Mr. Kevin Cardiff

I thank the committee for giving me the opportunity to make a short opening statement. In my comments around this time last year, I mentioned that 2008 marked a negative turning point in Ireland's economic performance and in the stability of and outlook for our banking system. International and domestic factors combined to create some of the most difficult financial conditions the State has ever had to face. These conditions persisted during the course of 2009 and while there was some amelioration on some measures in 2010, market conditions remained very difficult and they culminated in the requirement for financial assistance in the form of the EU-IMF programme of support that was agreed in late 2010. Much of the Department's time during the past two and a half years has therefore been focused on these key issues - restoring fiscal stability, safeguarding the banking system and developing the EU-IMF programme of support, including the ongoing reporting requirements associated with that support.

To deal with 2009 specifically, that year was characterised by a rapid fall in economic activity, where GDP fell by 7%, and a consequent major deterioration in the labour market, where employment fell by over 8%, and a huge fall off in tax revenues. Internationally, 2009 was a bad year but Ireland fared much worse than most given the bust in the construction sector. The peak to trough fall in GDP has been 12.5% and for employment about 15%, from about 2.1 million to around 1.8 million. Since the peak in tax revenue in 2007, it fell by a third by end 2010.

Restoring order to the public finances is a key condition for returning the economy to sustainable employment growth. Substantial efforts in this respect are continuing, with significant steps also being taken on the structural reform front. For example, the expenditure control initiatives mentioned last year, the comprehensive analysis for the special group on public service numbers and expenditure programmes, the policy development work on public service pension reform and the comprehensive review of capital expenditure have been supplemented by multi-annual planning and performance budgeting, the national reform programme and a jobs initiative.

Encouragingly, economic activity has started to pick-up again, although slowly, while the public finances are showing signs of stabilisation, with targets being met. After a difficult couple of years, these are welcome developments. A strong export performance is projected to translate into GDP growth of 0.8% this year, and 2.5% next year. Over the medium term, a gradual firming of domestic demand is also expected as the recovery broadens out and spills over to the labour market. For the period 2013-15, the economy is forecast to grow by 3% per annum on average.

Turning to today's agenda, on Vote 6 – for the Office of the Minister for Finance - there was a net outturn of €65.147 million in 2009, compared to a net Estimate of €68.355 million, leaving a surplus to be surrendered of over €3 million and representing a net reduction in spend of 25% year on year. In keeping with the Government savings directive, the Department continued to make significant savings in the administrative budget area, with an 8% reduction in 2009 following on from a 20% reduction in 2008. Other savings arose on programme depend as certain programmes reached their natural conclusion. A final key driver of this saving arose as a result of additional appropriations-in-aid arising from the pension related deduction initiative and recoupments under the bank guarantee scheme.

On to the chapters listed for review today, chapter 1 - financial outturn 2009 - sets out a summary of the major Exchequer liabilities and assets as at 31 December 2009. The committee will be aware that this position has moved on significantly in the intervening 18 months. The financial outturn for 2009 shows that total Exchequer expenditure was €59.4 billion, of which some €47.2 billion relates to voted expenditure. The Vote group allocations set out in the 2009 Revised Estimates for Public Services amounted to €47.4 billion. Therefore, a small underspend compared with profile was recorded in voted expenditure. Other expenditure of €12.25 billion brought total expenditure for the year to just under €59.5 billion. Receipts totalled €34.75 billion, resulting in an Exchequer deficit of €24.6 billion in 2009.

A contributory factor in the large Exchequer deficit was the very significant year-on-year decline in tax revenues. Tax revenues in 2009, at €33 billion, were €7.75 billion or 19% down on the previous year, and nearly €10 billion below the original estimate. There were two exceptional factors which contributed to the large Exchequer deficit in 2009. There was a frontloading in 2009 of the 1% of GNP contribution for 2010 to the National Pensions Reserve Fund, NPRF, bringing the total payment to the NPRF in 2009 to €3 billion. In addition, there was a payment of €4 billion to Anglo Irish Bank. Both of these payments were accounted for as non-voted capital expenditure.

Even allowing for these once-offs, a deficit of the order of €18 billion in a year when tax revenues amounted to €33 billion and when the economic situation was creating further spending pressures indicates the strain on the public finances that has been at the heart of our fiscal situation. Fortunately tax revenues declined at a slower pace in 2010 and are rising in 2011, and tax and expenditure are within the expected ranges so far this year, but the deficit remains high and will require further attention in the coming years.

As outlined in the report, chapter 5, financial commitments under public private partnerships,has been compiled to provide financial commitments entered into by central government and agencies. Until the establishment of the Department of Public Expenditure and Reform, the Department of Finance had the same role in relation to PPP projects as it did in relation to capital investment projects generally in terms of setting the overall capital investment framework and the basic principles to be observed for the appraisal, assessment, procurement and evaluation of projects. Individual Ministers were responsible for projects and programmes in their areas, within that overall framework. As Deputies will know, the National Development Finance Agency, NDFA, was closely involved in giving advice on those.

A key issue for PPP projects is financial sustainability. The Department of Public Expenditure and Reform will be examining PPP projects from the perspective of long-term financial affordability and sustainability. There are some difficulties in the PPP funding market at present resulting in a reduction in the number of banks participating in the market. Reflecting this, the Department of Public Expenditure and Reform is working very closely with the NDFA to examine what options may be available that will provide a cost-effective solution to enable projects to secure funding on a value for money basis.

We now come to chapter 6, banking stabilisation measures. As was discussed with the previous committee last year, there were a number of developments on the banking side over the course of 2009 and into 2010. At the end of December 2008, the Government had announced the allocation of €10 billion for the recapitalisation of domestic banks, but in the course of the consideration of this process and the associated due diligence work, it became apparent that there were issues in Anglo Irish Bank that were qualitatively different from other institutions and which had to be dealt with differently. In mid-January, the Government announced its decision to nationalise Anglo Irish Bank, and in February it was announced that AIB and Bank of Ireland's first recapitalisation would consist of a preference share injection of €7 billion between the two. In April, the NAMA project was announced and a great deal of work was done subsequently in turning this announcement into legislation, which passed in November. At the same time, a replacement scheme for the original bank guarantee was put in place and approved by the Oireachtas at end 2009.

Work on the stabilisation of the banking system and improved banking regulation continued during 2010 and 2011. Over the course of 2010, the former Minister for Finance, the Department, the Central Bank and the National Treasury Management Agency took a number of actions to address the worsening situation in the banking sector, including stress tests, further recapitalisation, and following the agreement of a programme of support with the EU and IMF authorities, legislation to facilitate the reorganisation and restructuring of the banking sector in the form of the Credit Institutions (Stabilisation) Act.

In March 2011, following the completion of the prudential capital assessment review, PCAR, and the prudential liquidity assessment review, PLAR, by the Central Bank, the Minister announced the Government's proposals to restructure the banking sector comprehensively. This restructuring will create two Government supported universal pillar banks that will be smaller and more focused on the Irish economy. Pillar 1 will be Bank of Ireland and pillar 2 will be a merger of AIB and EBS, which merger has already happened in legal terms. The existence of these two pillar banks and a radically restructured Irish Life & Permanent along with the continued operation of Ulster Bank and other foreign owned institutions will ensure a competitive environment is maintained in the banking sector.

Deleveraging plans have been agreed with all the banks, subject to Government support, providing for the deleveraging in the aggregate of approximately €70 billion of assets, more than 70% of which are assets located outside of Ireland. Each of the pillar banks has moved to establish core and non-core divisions and management teams for each business. Deleveraging committees with involvement of staff from the Department of Finance banking division have been set up in each of AIB, Bank of Ireland, IL&P and Anglo Irish Bank to ensure delivery of the targets.

The PCAR process identified a capital requirement of €24 billion, including a buffer of €5.3 billion. While the Government has committed to ensuring the banks are fully capitalised up to that level, direct contributions to solving the capital issues of the banking system have been sought by looking for further significant contributions from subordinated debt holders, by the sale of assets to generate capital and, where possible, by seeking private sector investors. It is expected that the effect of these actions will be to reduce very significantly the amount of capital required. We have set ourselves a target of achieving a reduction of at least €5 billion in the capital requirement. The sales process for Irish Life & Permanent's insurance arm is already under way, and significant burden sharing with subordinated bondholders is under way.

As verified last week by the troika, significant steps have taken place since March 31 on the banking side. The legal merger of Allied Irish Banks and EBS was completed on 1 July 2011, well ahead of the end of September 2011 deadline. The merger of Anglo Irish Bank and Irish Nationwide Building Society to form the Irish Bank Resolution Company, IBRC, was completed on 1 July 2011. A plan to recapitalise Irish Life & Permanent has been finalised again ahead of schedule and the Irish Life subsidiary has been offered for sale again in advance of the October 2011 deadline for that process. The recapitalisation of Allied Irish Banks, Bank of Ireland, Irish Life & Permanent and EBS, which is part of AIB, will be completed by 31 July, net of the remaining liability management exercises and disposal of IL&P's insurance arm, and the process of renewal of the boards and management of banks is under way. The Department and the other authorities are continuing to work towards the goal of a restructured and re-sized banking system in Ireland.

Chapter 7, European Union financial transactions 2009, sets out details of Ireland's contributions to and receipts from the EU budget in 2009. It also has details of total contributions and receipts for the period 2005 to 2009. The chapter describes the basic features of the systems of audit of EU funds. The Department of Public Expenditure and Reform has overall policy responsibility for Ireland's EU Structural Funds programmes and, in this context, sets out the financial management and control procedures to be followed to ensure EU rules and regulations are complied with and to avoid loss of Ireland's Structural Funds allocations.

The Department of Finance itself is changing rapidly and significantly. The most radical example is the restructuring of the Department on foot of the Government decision to establish a new Department of Public Expenditure and Reform. The legal split of functions was completed this month, although we have been working the split on an administrative basis for some time so that the new Department is now up and running on a statutory basis. The new Department assumes the public expenditure control functions previously carried out in the Department of Finance, and in this regard it is charged with ensuring the effective management of taxpayers' money. That Department has also assumed responsibility for public service management and reform, functions which were previously done in the Department of Finance and the Department of the Taoiseach. Staff from the latter Department have moved to the new Department. In undertaking this work, an overriding principle will be the efficient delivery of quality citizen and business focused services from a modernised public service. The Croke Park agreement will be a key enabler of this reform.

Committee members will be aware that the Government has established an economic management council. The Government has also recently announced the establishment of a fiscal advisory council in line with commitments in the programme agreed with the troika. These are two very important steps and they will have an important bearing on the work of the Department of Finance and the Department of Public Expenditure and Reform over the coming years. Comprising the Taoiseach and Tánaiste as well as the Ministers for Finance and Public Expenditure and Reform, the management council is responsible for managing the Government's programme in respect of economic planning and budgetary matters, the EU-IMF programme and negotiations associated with it, the integration of the work of Departments and agencies in these matters, as well as the co-ordination of the banking policy of the Government.

The report of the independent review panel on the Department of Finance, the Wright report, has provided the Department with an external expert view of both its positives and negatives and has given us plenty to work on. Though completed late last year, this was published in March and is being used by the Department, with appropriate adaptations, as a guiding document for reform and improvement. Some elements of the recommendations are already well under way and others have been planned for. Some of them will be challenging in the current circumstances. There is a real determination to adapt and improve the Department to deal with the realities of our economy. One element of this adaptation relates to skill levels. Contrary to popular opinion and press comment, the Department has been open to atypical recruitment and secondment arrangements to bring in highly skilled staff. This has accelerated in recent times. Further changes in organisational structure, human resource management and the management of performance are also needed. Progress has been made in this regard. It is envisaged that further significant advancement will be achieved over the coming months.

This emphasis on skills is reflected in the restructuring of the Department's interaction with the banking system and the establishment of a new banking division which will use, on an in-house basis, the skills of departmental officials with relevant training and experience, people seconded from certain outside bodies and, in particular, officials from the NTMA banking unit which has been responsible for much of the policy advice and implementation up to now. This restructuring of functions will make for cleaner lines of reporting and accountability and some reduction of duplication, all of which are essential for the implementation of the Government's banking policy as announced at the end of March.

A fiscal advisory council is being put in place as part of a wider agenda of reform of Ireland's budgetary architecture. The council will be an independent body. Its existence and independence will be underpinned by the proposed fiscal responsibility Bill, which will be introduced later this year. The role of the council will be to provide an assessment of, and to comment publicly on, whether the Government is meeting its own stated budgetary targets and objectives. It will also be charged with assessing the appropriateness and soundness of the Government's fiscal stance and macroeconomic projections as well as providing an assessment of the extent of compliance with the Government's fiscal rules. The rules in question will also be brought forward in the proposed fiscal responsibility Bill.

I hope further substantial progress will be made in the coming months to build on this change agenda. I might have an opportunity to update the committee from time to time. We had several meetings last year due to the sheer number of events in the Department and developments relating to the Department. We are open to making ourselves available to the committee to work through these processes when it suits the members. Last year, we were able to provide documentation and assistance to the committee. If members have views on what material they would like, we will try to provide it to them. We faced some restrictions last year with regard to Cabinet confidentiality and so on, but we were able to deliver a great deal of documentation none the less. We are all equipped with large amounts of briefing material, most of which is neither confidential nor commercially sensitive. I propose to have it checked and evaluated before a briefing is provided to the committee, if the committee wishes.

I will take Mr. Cardiff up on his offer. We are considering how we might conduct our business during this term. It is clear from the documents we quickly browsed in advance of this meeting that there is a case to be made for taking segments of the work of this committee and that of the Department of Finance, understanding them and having shorter exchanges with the officials on specific aspects of them. Perhaps some officials from the Department will meet members of the committee to discuss how that might be achieved this year and how a new arrangement might be put in place.

Separately, on behalf of the committee I would like to take Mr. Cardiff up on his offer to meet the committee and to brief it generally in order that members have a clearer understanding of the Department's accounts and actions. We would like the information we are given to be as current as possible. That is what we are trying to achieve. Not only would it be helpful to the committee generally, it would also be helpful to newer members who are trying to understand the workings of the Department. We would be especially interested in what is before us today and what will be coming before us in the course of the year. I would like to know more about the responsibilities of the various departmental officials who come to each of the committee's meetings when officials from other Departments are being asked about specific issues of relevance to them. It would be helpful to us and it might bring about a new understanding of the workings of the Committee of Public Accounts. I will ask the committee secretariat to engage with the Department's officials to achieve all of that as quickly as possible, with Mr. Cardiff's agreement.

Mr. Kevin Cardiff

That is fine. We could arrange a short series of presentations in the Department, with the usual overhead presentations and so on. If that would work, I am sure we would do it for any committee that would ask for it.

We will try to arrange that before the new session starts in September.

Mr. Kevin Cardiff

We can do it in the early part of September.

Mr. Kevin Cardiff

Fine.

We have set out to update the business of the committee and make sure it is current. We need to understand what the Department is doing. Perhaps we need an overview of how its work links with the work of other Departments, particularly the new Department of Public Expenditure and Reform. If we can achieve such an understanding, it will help all parties.

Mr. Kevin Cardiff

We would be delighted to work to that end.

I thank Mr. Cardiff. There is a vote in the House. I think they are trying to make us work longer. That is why some members are gone. I ask Deputy O'Donnell to commence his examination.

I thank Mr. Cardiff and his colleagues for coming before the committee. I would like to pick up on a few points in Mr. Cardiff's presentation. I do not want to dwell on historic matters other than to deal with them in an appropriate context. Under the formal procedure for today's meeting, we are dealing with the 2009 accounts. How did it arise that the outturn for tax revenues was €10 billion below the original estimate? The Wright report was quite critical of the way the Department of Finance went about its business. It said the Department should adapt its advice, tone and urgency after a number of years of fiscal complacency. It said there was a need, "to formalise Department's records of Budget advice [and] to strengthen the rigour of the Department's policy advice". How did the revenues end up being €10 billion below the budget figures the Department provided? I would like to get an understanding of how the Department feeds into the advice given to the Minister. How have the procedures changed on foot of the Wright report, which was quite critical of the Department of Finance?

I would like to set out the current context. In my view, this is probably one of the most historic financial days for Ireland. I refer to what is happening in Brussels today. What is the Department's view of the budgetary impact of a reduction in the interest rate under the EFSF fund, an extension in debt maturity dates, a discount on or buy-back of Irish debt in the secondary market or various other measures that are being proposed? Mr. Cardiff might give us an indication of the expected budgetary impact of those proposals.

The second issue I would like to raise is the banking system. When does the Department expect that the State's investment in the banks will start to deliver to the Irish taxpayer in the long run? When does it expect full recapitalisation to have taken place? What will be the cost per institution? The ECB provides medium-term funding to the Irish banking system in that context. Media reports today have suggested that the ECB is appointing consultants to examine the Irish banking system. Perhaps Mr. Cardiff might comment on that. How does he view the overall question of the funding of the Irish banking system? What is his view on the directors of the covered institutions? I refer to the banks. How many of them-----

Those questions are very detailed. Would the Deputy like an answer after each question rather than all together? That might be more interesting.

Mr. Kevin Cardiff

I will run through it quickly. On how the tax revenue fell so much, it fell because the economy effectively fell off a cliff in an unexpected way. Our forecasting at the time was in line with the general run of forecasts. We had not gone beyond the consensus.

In December 2008 the bank guarantee scheme was introduced. I was elected to the Dáil in 2007 and I could see then that there were major problems with the economy. Ours was a very bumpy landing, not a soft landing. A budget would have been introduced in December 2008 for 2009, but I understand that the preparation process for that budget would have been considering the figures from June 2008 onwards.

The Secretary General says we fell off a cliff. We know that is what happened but I want to know how the process carried out in the Department over-estimated tax revenues by €10 billion. Revenue was €33 billion, but the original estimate was €43 billion. Therefore, the figure is between a quarter and one-third down on the projected revenue. Will the Secretary General explain how the Department arrived at the projected revenue? The bank guarantee had been introduced in September 2008, prior to the budget in December, there had been major problems with the bank system and no money was been leant. Surely the Department took into consideration some element of the construction sector in estimating revenue. Can Mr. Cardiff explain to the ordinary citizen how the €10 billion shortfall arose? I know the facts about what happened but I want to know how the Department's budgetary process over estimated tax revenue by €10 billion.

Over the years, even in the better times, the Department got its targets wrong quite often. Between 2002 and 2007, when I was a member of this committee, many of the projected figures were also out. Deputy O'Donnell's question of how the Department got it so wrong is a valid starting point. At a time when indications were that the economy was going wrong and businesses were in trouble the Department failed to make correct forecasts What was lacking in the Department? What was missing that could have made for better forecasting?

Mr. Kevin Cardiff

That is a good way of putting the question. One could be facetious and say that the forecasts were right, but the economy went wrong. I am not trying to be facetious. It is a dreadful situation. Since our forecasts were pretty much in line with the consensus, there does not seem to be a particular reason to say that our process was wrong. However, in retrospect, there were two things that would have made a difference to the outcome. The first would have been a better aligned tax system. For various reasons the tax system had become skewed in some ways, for example, stamp duties and VAT revenues from the construction sector. This meant that the tax revenue adjustment was bigger than the overall economic adjustment by a long way, because the sectors which had been generating most taxes were the sectors which did worst. Therefore, thinking about what we would have done differently, we ought to have structured the system in ways that ensured we did not have too much risk around a particular sector, although in fairness we did give advice on that.

The second-----

That advice did not work.

Mr. Kevin Cardiff

I do not get the chance to criticise the policy of Ministers at this committee, but perhaps that is for the best. It also gives me some slight protection.

Did the Department give that advice at the time?

Mr. Kevin Cardiff

If the Deputy reads the Wright report, he will see there was a good deal of advice on the overall fiscal stance that might or might not have made a difference. The report criticised us for the vehement extent and level of certainty with which we made our comments.

Without being facetious, would I be right in saying that the report considered that the Department was quite meek in the views it put to the various Ministers at the time on these issues?

Mr. Kevin Cardiff

That is probably a reasonable summation but we would have said we were a little less meek than that. However, it is a valid conclusion. I do not want to argue about what is, perhaps, merely a difference of degree.

Why did the Department feel as it did? Is it that the Department did not stand up to Ministers if it had concerns? Is the Secretary General saying the Department's concerns were not taken on board?

Mr. Kevin Cardiff

I will skirt around the legal-like issue of criticising Ministers. We had a problem in that even if we had a view that a particular fiscal stance was a bit too generous or that we needed to be more careful in that regard, we were not in a position to say to a Minister, "If you do X, Y will happen" or to suggest there was some certainty around that. Part of what happened, as the Chairman said, was that our view of where the economy was going was out-performed by the economy itself and people were saying, "The Department of Finance is just doing its usual under estimating from a sense of conservatism" and so on. Therefore, there was a sense those two things combined would have been an issue.

Also, I have always taken the view that ours is a Department whose job is to serve its Minister, not to seek to overturn or run the Minister. I would not, therefore, use the term "meek" as respectful of that democratic position. That is probably a better representation of the situation.

We had a highly uncertain environment in 2009. The Deputy may recall the 2009 budget was brought forward to cope with some of that uncertainty. The risks we outlined in both budgets 2008 and 2009 came to pass. What might have been different is that they all came to pass at once. It was not just that one of them came to pass, they all happened.

There was a huge forecasting variation, but was it a forecasting error? The real question should be, as the Chairman suggested, what could have been better about the forecasting? Perhaps what was missing from the forecasting perspective was not the baseline forecast, which was more or less the same as everybody else's, but the extent to which we accounted for the risks either side. The environment was becoming more risky, so even if we had a particular central forecast, we ought, perhaps, to have also spent more time on the risk based assessment around that central forecast.

Was there a lack of skills in the Department of Finance in that area?

Mr. Kevin Cardiff

I do not think it was a lack of skill in the area. There is not, nor was there then, a lack of forecasting skill. However, as we go through things now, we are more conscious of not just the forecast but of risks to the forecast in either direction. We try to challenge the forecast more and to get a broader range of perspectives on it. In truth, I am not sure if the challenges to the forecast lead us to very different conclusions but they force us down a broader route of thinking to make sure we are less capable of missing-----

If there is a €10 million differential, it has a huge impact on people's daily lives.

What is the Secretary General's view of what is happening in Europe today and his view on the budgetary impact of what is expected to come out?

Mr. Kevin Cardiff

There are people in rooms negotiating this, so I do not want to step into their shoes or pretend I know exactly what is going on. I am here and they are over there.

Interest rate reductions have a direct positive effect for Ireland, which is of the order of a few hundred million euro for each 1%.

What is the calculation for that 1%?

Mr. Kevin Cardiff

I am reluctant to qualify too much for fear that I interfere with the process that is going on.

What impact will a 1% reduction have on the budgetary process?

Mr. Kevin Cardiff

Over the course of seven years or so, we are talking about €6 billion or €7 billion. We will have the exact figure for the Deputy in a moment. If we have the same interest rate reduction over a longer period, relative to what is being paid on the market, then that also helps. Longer maturities also help in another way. The people who lend money to us for five or six years will see that we are getting money for ten or 12 years from somewhere else, and they will figure that they will get paid first in five years, which will create a priority for the shorter term borrowing that we might get from the private market, as opposed to the longer term borrowing from the public market.

When the seven year term was agreed, that was a bit of a win, because the original terms for Greece have been for three and four year money. There were some small interest rate advantages for us over the original Greek package. These things have been rearranged now. Longer maturities have that double benefit.

Another problem for us has been the persistent worry in the market that the programme terms might include a deliberate default on them. In other words, we have always said that we will repay our debt, but the market has been concerned that if we ever were to acquire more money from Europe, then Europe would require us to reduce the value of its debt. This has been a cyclical thing. The fact that this happens increases our interest rate and reduces the speed at which we can get back into the market. It accelerates the process of thinking that it looks more likely we will not get back into the market, so it is more likely we will require further funding and, therefore, that this negative effect will happen.

The maturity increase would help that. Another help is the agreement a few weeks ago that public sector priorities would be adjusted to reassure the markets that when they lend to us, they are on an equal basis and get their money back. Other flexibilities in the EFSF would help, such as guarantees and so on. These things would provide a broader menu from which a support programme would draw to better match-----

If there is a 1% interest cut, a discounted buy-back of Irish debt at 20% on the secondary market, to be funded by the EFSF, and an extension in the debt maturity by ten years, I assume that the Department has done forecasting and outlined various scenarios regarding these particular variables. Every one of these elements is of huge interest to the Irish taxpayer because they save on repayments on debt. I know I am putting down precise figures, but I am doing that because I feel these scenarios should have been examined by the Department so that we can get some indication of the figures involved. It is like applying for a mortgage. When looking for a mortgage, one will want to know how much a 1% interest rate increase will actually affect repayments. The committee would like to know what impact the 1% rate reduction will have on taxpayers' money.

Mr. Kevin Cardiff

We will get the Deputy the actual figures, but they are of the order I mentioned earlier.

Can the €6 billion to €7 billion saving over a seven year period be broken down per year?

Mr. Kevin Cardiff

We cannot do that because we have not borrowed all the money yet. If we take it as a rough estimate of how much we get once we borrow all the money at that rate from the programme, remembering that this is not the interest rate on the whole debt, but on the portion we have from-----

Mr. Cardiff is talking about a €7 billion saving over a seven year period.

Mr. Kevin Cardiff

That assumes a 2% reduction.

Is Mr. Cardiff expecting a 2% reduction?

Mr. Kevin Cardiff

I will be coy about this. Negotiations are ongoing but I am not there. It would be very dangerous-----

The figure given to us here is in the context of a 2% reduction rather than 1%.

Mr. Kevin Cardiff

I should stop and go back. There is a negotiation going on. It is not appropriate that we have it in parallel here. I will give the committee a note that runs through both the interest rate scenarios and some of the issues that the Deputy has raised, but on a purely factual basis. They will not represent any scenario or work that we are doing for our negotiation, which is happening in Brussels and which is being led by the Taoiseach rather than me. That would be much better than to try to run the negotiation in parallel here.

With respect, Deputy-----

I appreciate that.

Mr. Kevin Cardiff

Buy-backs have two advantages and one big disadvantage. The first advantage is that in buying back at a discount one saves on the overall debt. However, as one buys back the price goes up. For a shorter date it is towards par. One does not get what one expects or anything like it. The second good point about buying back is that is starts to normalise yields in the market for the time being.

The big disadvantage of buying back is that it requires cash. If one buys back a 2020 stock - it is at that kind of maturity that the biggest discounts are available - one has to use cash now to achieve a saving in 2020. We do not have a great deal of our own cash now. We have cash from the programme.

For anyone in negotiations in Brussels the amount of cash and discount available are part of the mix, as is the likelihood that the discount will evaporate when one re-enters the market. We should also bear in mind that most of what is taking place in Brussels at the moment is focused on the partner in most trouble, which is Greece. I expect the discussions are much more focused on the peculiarities of that case rather than every case. I wished the Taoiseach well yesterday in the negotiations, as we all do, but it is a long and complex process. I will watch the newspapers later.

I thank Mr. Cardiff for his openness. How many directors on the boards that were in place in covered institutions at the time of the bank guarantee in September 2008 are still on boards? Mr. Cardiff mentioned in his submission that the renewal of the boards of management of banks is under way.

Mr. Kevin Cardiff

I will read the note I have. Based on the information supplied by the six covered institutions, there were 74 non-executive directors in situ in September 2008. After the July 2011 EGM of AIB and consequent on the recent mergers involving EBS and INBS only ten of those will still be in post, which is a 90% reduction.

Of the ten directors six are executives, two each in Bank of Ireland and Irish Life & Permanent and EBS. EBS is now a subsidiary. The remaining four of the ten are non-executive directors, two each in Bank of Ireland and EBS. The Minister asked the two pillar institutions to deliver to him a board of management renewal plan. The institutions are expected to say how they will renew over the next few months and he will then have a chance to approve or disapprove of the plan.

Obviously in at least one of the institutions the Minister is close to being a total shareholder and in another he is the largest shareholder. He is in a position to make these kind of requests. That is the process by which we intend to go forward. We do not want an overnight removal of directors and the appointment of new ones but we want renewal over a short time span. That is what the Minister has asked for a plan on.

I refer to bonuses in the covered institutions. I note the Department had interaction with Bank of Ireland. The indication was that bonuses were not being paid but in reply to a parliamentary question the situation was revealed to be different. Is the Department now confident that the bonus culture within the banks has come to an end?

Mr. Kevin Cardiff

No, I am not. It is a difficult enough subject. In discussions with Bank of Ireland and others I tried to make it clear that there is a parliamentary question process that we treat very seriously. There is an error in one which we are quite embarrassed by. It is the method by which we deliver accountability and we will often say in our advice to the Minister on how to answer a question that we do not have or cannot get the data or that something is too difficult to put together in a short timescale and we will revert to a deputy.

We are always hugely anxious to avoid misleading the Oireachtas. I felt misled and I made the point to the bank and others that this is not how we expect accountability to the Oireachtas to take place. It is one thing to have a particular technical view of what is and is not a bonus but when a Deputy asks a question one has to consider the spirit of the question and not just the actual words used. When one receives a question from a Department the same applies.

We did not feel we got the service we required. The executives I dealt with were not happy with the service they received. It may be-----

What does Mr. Cardiff mean by that?

Mr. Kevin Cardiff

They were concerned that their systems did not deliver the data in the format they wanted.

Who were you dealing with in the banks?

Mr. Kevin Cardiff

It is in the public domain. I had a discussion with the chief executive and chairman of Bank of Ireland on these issues.

Is there an issue of governance within the banks at that level?

Mr. Kevin Cardiff

They admitted that there was an issue in regard to systems, HR systems and so forth. They run a decentralised structure within the Bank of Ireland as a group.

Bonuses were highlighted in the policy on remuneration in the covered institutions as a major issue. How did a situation arise where, in reply to the Department, the bank said bonuses were not paid? A bonus is a bonus. Will that situation arise in the future? Is Mr. Cardiff confident that the systems are now in place? I do not buy the argument that someone can always blame the system.

Mr. Kevin Cardiff

I did not buy it either. That was the discussion we had.

Where did that discussion end? What was the end result?

Mr. Kevin Cardiff

It ended on the basis that we are now asking all the banks to provide us with what we hope will be a standardised set of data which will allow us to respond to deputies questions. One Deputy asked many questions last week but we were not able to answer them all because they were too broad to answer in the time available. We will try to get standardised templates for data which we will expect each institution to give us on a consistent basis. They will be accountable if they do not deliver that to us.

Mr. John Moran

A HR director in Bank of Ireland joined around the same time this issue arose. She would admit, given the complexity of the various historical compensation arrangements put in place in the banks which were not standardised, that it is very difficult for her to give us a definitive response to many questions. We made our feelings known to the various HR directors in the banks who have attended meetings with us on the importance of getting this right.

As Mr. Cardiff said, we are trying to move the banks to a position where the compensation arrangements in them are simplified and that the pages and pages of potential bonuses, benefits and various arrangements for travel expenses and whatever are addressed. In as much as is possible, those arrangements would be removed from the system. There is a difference between what is possible for the banks to do domestically in Ireland and what can be done when they must hire people externally to the country. To some extent they must also take account of the environment of their business operations and competitive pressures, and that difference is appearing in many requests to the Department now with regard to compensation arrangements.

Is the bonus culture in the banks gone?

Mr. John Moran

The bonuses payable are basically prohibited currently in banks; they are not able to give bonuses. There are some residual payments and since I began in March there have been discussions regarding bonus payments made in the past which were deferred for years. That was a standard practice but it may not have been done as well as it might have been.

We are in a different environment now. Bonuses are being deferred from a period when an unreal market existed. Will those bonuses be paid?

Mr. John Moran

Where bonuses were contractually due, there must be a question as to whether the bonuses should still be paid or the banks should be advised to get into litigation with employees. We have drawn a distinction between the recent position in Bank of Ireland, which was reported in the press, where bonuses and retention payments to employees to keep operations going in countries outside of Ireland were given rather than engaging in litigation which the State would likely lose. Having investigated the payments it was decided that the distribution of the bonuses was relatively modest, by reference to salaries, and widely distributed among the staff in the operations.

Where the bonuses were payable in Ireland, the bank took the view - it was effectively taken before March - that it would, in effect, stand up to the body of employees in Ireland, even if there was litigation, and claim inability to pay the bonuses.

Arising from that round of questions and relating to the Wright report discussed earlier, reference was made to the fact that there is no critical mass in areas where technical economic skills are required. There were too many generalists in positions requiring technical, economic and other skills. It was also indicated in the report that the Department is more numbers-driven than strategic, etc. The last observation was that there was poor human resource management.

I am concerned that the Department provides the necessary forecasts and figures for the Minister. I am not venturing into the policy area but considering the structure of the Department and how it reacts. It was clear in 2006, 2007 and as we went on, that there was a so-called consensus. Naysayers or those with an alternative view would have prompted any company to have another look at the figures to see if the naysayers were right. The Department did not seem to have the range of skills within it at that time, which was referred to in the report. Was the Department driven to question the issues within the Department or query the management as to whether the tools were at hand to deal with emerging issues? Staff in the Department do not seem to have made that calculation either.

To compound that worry, the Department informs the Minister but it also oversees how other Departments spend and perform. A significant cultural change is required in how business is done and I am not convinced, although there are new faces in the team, that we have yet achieved what is required by the Department with regard to its business and management of other Departments. Extending this to the information received from the banks in 2008, as well as what was received by means of parliamentary questions, it seems the Department was misled not once but a number of times by those banks. These are the very same banks telling us they are lending to the small and medium enterprise sector at a rate of €8 billion, with the sector arguing that this is not the case.

Mr. Cardiff has indicated that those banks had human resource issues, as did the Department, in dealing with new queries emerging from parliamentary questions. As we manage our way through this horrific time in the Irish economy, we are faced with significant difficulties in achieving good governance on the side of both the Department and the banks. There seems to be a clear culture that banks do not mind misleading the Department of Finance. It is outrageous that people within the banks have no respect for Parliament, as evidenced by their poor information. This must be corrected immediately rather than over time. The information given is critical to the decisions to be taken. I am giving my view on the matter before calling Deputy Ross.

Mr. Kevin Cardiff

The Chairman said he has seen a few new faces in the Department but he believes we are not yet there, which is correct. We are in a process of change and I am not trying to pretend we are at the end of it. It is an outfit under enormous stress, with everything that is ongoing, and change in the middle of this is an added complication. We are trying to achieve that goal and address some of the issues outlined. We are not doing it as quickly as we would like because of everything else that is ongoing.

I suspect the next question is what we are doing differently to a few years ago. Perhaps the people who had my job at that stage would have a different view but we are looking to ensure our economic view is supported by good internal economic staff. We have such staff and they are up against the best in the world from the Commission and the IMF, and they are not at a disadvantage in terms of technical skills and abilities. The Wright report indicated we did not have a critical mass, and that is probably correct; we are trying to build up numbers on that side without increasing overall numbers.

In the past few months we have taken advantage of a previous recommendation by the Committee of Public Accounts that we look to the wider public sector for economic skills. We have a senior economic advisor from one of the universities, with two or three people, including Mr. McCarthy, on a sort of long-term loan from the Central Bank. We have a highly qualified econometrician from Teagasc and we have brought in people from the Courts Service. Despite bringing in people we have also lost personnel, often temporarily, to the Commission and other public sector bodies. We are in a constant struggle to upkeep skills even as we look to increase them. We are making a good effort and we have also brought people back from the Commission to help out on the forecasting side. We seem to be winning that short-term battle to keep economic skills at a high level. A longer-term worry is that it is fine to do this on the basis of secondments and borrowings but we must have a base that is a structural part of the system.

As there has been no public sector recruitment of late, we have not had a new intake of economists at the graduate level in quite some time. We are looking at that problem to see if we can address it. Our last two graduate intakes were some years ago and were aimed at people with specific economic and financial skills. Those people have turned out to be a godsend to the Department, providing us with a really good underpinning of quality at the graduate levels. We have some really good people but the Wright report indicated we did not have the critical mass and I do not disagree with it. We must try to build up that element in the context of general constraints.

On the banking side, we have been very reliant on the services of the National Treasury Management Agency, NTMA. We are trying to generate additional benefit from those services by bringing them in-house, so the people in the NTMA will be in the same building as the Department people working on these issues. There will be improved governance and reporting to the Minister, and through the Minister, to the Department. There will also be reduced duplication. Currently, if there is an issue that touches on both the NTMA and Department staff, we might send two, three or four people to a meeting where one or two could do the work. In addition, the reporting back may not be as clear.

On top of that we have been building in-house expertise on the banking side. We do not need 75 people with doctorates but we need a relatively small number of very good people. We have recruited people to ensure we have in-house commercial expertise, including a banking analyst who was a direct hire from Davy's, and a banking partner from one of the accountancy firms on a short-term position. We also brought in a senior manager from another accountancy firm, and we have an in-house legal resource from the banking side as well.

We have been trying to carry out what the Wright report advocated. It was finished in December 2010 and published in March this year. We are far from implementing all the recommendations but are on the right track. Given the daily constraints of work demands, the question is whether we can get there.

On the human resources front, we have relied much on the goodwill of our staff, which equates in many cases to working very hard and for long hours to deal with our current position. We must put a better system of recruitment and development around that. For example, we are doing specific training with a qualification at the end for tax specialists, which is an area that Wright examined. We would do the same for the banking area except we have not been able to spare time for those personnel. We are working on getting something done in that respect.

I fully agree with the Chairman's analysis. We have not fully implemented the recommendations of the Wright report but we are working hard in that direction, while at the same time ensuring the day job gets done.

I welcome the delegation and thank them for coming before the committee. I apologise as I have been going to the Dáil Chamber for votes. If I have missed an answer to one of my questions, somebody might tell me. When the bonus issue was discovered and officials from the Department spoke with the bank's governor and chief executive, was there any follow-up aside from the fact that more reliable data was to be produced in future?

Mr. Kevin Cardiff

We are following up by trying to set out a standardised template so we can get the same information from all the institutions, more or less, on a timely basis. In doing so we can properly report to the Parliament and Minister on what is ongoing in these areas.

Was there any follow-up within the bank?

Mr. Kevin Cardiff

Bank officials were in no doubt when leaving those meetings that the quality and delivery was far from what was expected. That is being followed up by us in a series of meetings with the human resources people in the institutions. Mr. Moran has had to underpin our views on those issues and relay messages on addressing other costly areas of operations.

Within the banks there is a history of nobody taking responsibility for anything. There is also a history that shows nobody being punished in any way. I am not on a witch hunt but there is no accountability. Is there any suggestion in this case that the banks took measures internally to ensure the people involved were not allowed to partake in this kind of activity again? The witness spoke about systems going wrong but people were involved as well. Were those people given a few share options and told to go on their way?

Mr. Kevin Cardiff

I have a little bit of sympathy for one person in the bank, in human resources, who was a recent hire and was thrown into the middle of all this mess in order to sort it out. I do not know why she replaced the person who was there before.

That is a question to be asked.

Mr. Kevin Cardiff

I did not ask the question, although perhaps I should have. Even if I had we would not be allowed to discuss it under the rules mentioned by the Chairman. Along with that sympathy I have some concern that the wrong people would get the blame, or that the messenger would be shot rather than the people writing the message.

Does Mr. Cardiff mean they might find a scapegoat?

Mr. Kevin Cardiff

No, but it is easy enough when outside to assign blame and get it wrong. I do not know of anybody being disciplined formally.

Does that concern Mr. Cardiff? The Department of Finance, in effect, now owns the bank.

Mr. Kevin Cardiff

We do not own that one.

Mr. Kevin Cardiff

One never knows. We do not own the bank. There is a general concern - and not just with regard to the banking system - about the quality of data going to Departments and the possibility that it is not what it should be. It is very often a matter of the emphasis and importance applied to the "feeding the centre". That applies not just to banks but more generally.

Is Mr. Cardiff stating that other banks are providing inadequate information now?

Mr. Kevin Cardiff

Other banks are trying very hard but I do not know if they are all providing us with what we need when we need it, or in a timely fashion.

So Mr. Cardiff is not happy with the information currently coming from the banks and the way it is being presented.

Mr. Kevin Cardiff

I would say that is true. Whether we like them or not, these are institutions which are in and have been through crises. It is easy to say the information we get is not good enough but we should also consider the amount of change they must go through. We can ask if the problem is a product of desire to help, obfuscation or the sheer stress they are under.

What does Mr. Cardiff think?

Mr. Kevin Cardiff

It depends on individuals but there is probably a mix.

In the particular case we addressed, was that a mistake or were the bank's officials deliberately misleading the Department?

Mr. Kevin Cardiff

They were a bit careful in their definitions.

What does that mean? That is the sort of language I do not understand.

Mr. Kevin Cardiff

It is very difficult to do this without potentially maligning someone who ought not be maligned. A cynic would say - I have my cynical moments, although I try not to - you must have known what we wanted, you must have known what the truth was and that if we did not get what we wanted as opposed to what we asked for, then you were deliberately misleading us.

On the other hand, these are people under stress, like it or not, trying hard to do a job and we might or might not think they are good at but certainly it is a stressful time and they are not used to the demands of the political system and of the Government system. A very naive person might say it is entirely due to that. My personal view is that it is probably somewhere in between. Sometimes people not so much try to mislead you directly, in the sense of giving you wrong information, but they may be a bit coy. That is not, in my view, acceptable.

On the other hand, there will often be instances where they make mistakes and we must impress upon them, certainly where we are feeding the Dáil system, that a mistake, which is not material in the sense of not being particularly important in the overall commercial sense, may, nonetheless, be an inaccuracy in reporting to the Parliament which we would much prefer to avoid.

How long does Mr. Cardiff think it will take him to get information from the banks which is produced in a manner that is satisfactory, because it is quite obvious he is currently not getting total satisfaction?

Mr. Kevin Cardiff

On remuneration issues, it will certainly be weeks or a small number of months but there is a sense this is missing some of the most important things that are going on. This is important - maybe this is what some of the institutions do not understand - because it goes to the public acceptability of the support they are getting. It is not actually commercially that important. A few million here and there in the context of all that is happening is important but it is not commercially material. However, it is commercially material to what the public sees and believes about the banking system which it is now supporting on a day-to-day basis through tax payments. Every element of your tax bill is now helping to support the banking system. Maybe that is the culture shift required. It is not just about commerciality; it is about public acceptability of the supports that are there and a public desire to know the truth about how banks operate.

What Mr. Cardiff is getting at the moment is not all acceptable. The way it is being delivered is not all acceptable in terms of veracity and efficiency.

Mr. Kevin Cardiff

I would have thought that they have some work to do in understanding those aspects and that we, as a Department, have some work to do in understanding what the Parliament needs and finding a way to be the best go-between we can.

It is not just the Bank of Ireland which is unsatisfactory in the delivery of information.

Mr. Kevin Cardiff

We like what we give Parliament to be very accurate, not just within the commercial materiality terms. We often find, when we get a piece of information, a minor inconsistency not of any commercial materiality but, nonetheless, we would find we have to go back and forth a little bit with the institution concerned. We have more work to do on that.

Mr. Cardiff goes back to the institution from time to time and queries the information and whether it is accurate.

Mr. Kevin Cardiff

We would have the information they gave us previously and maybe more than one set from different sources so the people who are compiling questions, assuming they have the time, would try to do that.

I want to come back to the banks, to what Deputy Kieran O'Donnell talked about and the negotiations in Europe today. I know Mr. Cardiff cannot say very much about them and I thank him for offering to provide various scenarios as to what would happen in various situations.

Mr. Kevin Cardiff

I think I said various non-scenarios.

Possible scenarios or various theoretical equations or formula which might arise in certain situations. That is okay as far as it goes. What plans has the Department made, or has it made plans, for plan B?

Mr. Kevin Cardiff

We think a lot about the way things are going and how they might go but the principal focus of all our work is on making our current situation work for us. That means getting the fiscal situation back on track, getting control of the banking situation and improving it to the point where we become a party to which the private market as well as the public market can continue to lend. That is the principal focus of all the work we are doing.

What I am specifically talking about - I know what the Department's current focus is on - is that there is a very large body of opinion that the preparations being made at the moment will not end here and that Ireland will either be forced to, or will voluntarily in a structured way, default. Does the Department have contingency plans in the event of a default?

Mr. Kevin Cardiff

The Deputy says that as if a default is something that just happens to you. What we are planning for and working on is meeting the Government's policy which is to ensure we do not have to default on our debts.

In the event of that happening, does the Department have any plans at all? Is there any thought going into this in the Department?

Mr. Kevin Cardiff

Is the Deputy asking if there is a plan in a bottom drawer somewhere if we default?

No, I am not. Mr. Cardiff knows what I am asking him. I am asking-----

Mr. Kevin Cardiff

The Deputy knows why, even if we had such a plan, I would not say we had a plan.

I do not want to know the plan but whether the Department is giving thought to that particular scenario.

Mr. Kevin Cardiff

Let us put it this way, being 100% honest, we give thought to a lot of scenarios and we do work around scenarios but all our focus is on not being at the default stage. Frankly, that is a much more likely scenario, so it is the one we have to work on.

When one looks at what is going on around Europe, people naturally look at our Greek friends and others and say certain things are inevitable but they are not inevitable. We have the great advantage over our Greek friends of being wealthier as a country and better prepared as a country with better institutions. In fact, we are so good, one would wonder how we got into this mess in the first place, but that is a different matter.

It is a very real question. How can good institutions end up in the situation in which they are? We have good institutions and we can prepare for dealing with the situation in a way that does not lead us into any of that kind of area.

We have strong European partners who are also very anxious that those kinds of things should not happen and we have strong partners in the IMF who are anxious to avoid those kinds of situations occurring. The Government of Ireland pays its debts, always has and plans to do so.

I take that as a "Yes".

Mr. Kevin Cardiff

I have lost the question but it is certainly a "Yes" to one of the Deputy's questions.

It would be most extraordinary if the Department was not making those plans because it is a possible scenario.

I want to get back to the banks' stabilisation measures. We talked about the renewal of the boards of management. That was in Mr. Cardiff's submission today. Currently, people who have applied are being interviewed. There is a new system in place. Is that correct?

Mr. Kevin Cardiff

We invited nominations or applications. Someone will provide me with a number but I believe we received 400 or 500 suggestions.

Mr. Kevin Cardiff

I thank the Deputy. At least I was in the correct range. We convened a small panel - comprising a person from the Public Appointments Service, an individual with extensive banking experience and an in-house staff member - and it reduced the number to approximately 40. The latter was viewed as a list from which the Minister would make choices as and when the need arises. That is the process. Obviously, if the Minister has a desire to either interview or have interviewed any people from within that list or panel, then he can have us or others do that. It would be the Minister's choice. He has a panel and it will be his choice as to how we move from there.

Mr. John Moran

We met all the chairmen of the banks in recent weeks to have them assess the members of their boards whom they would like to retain or who they imagine will continue under their board renewal plans. They also specifically identified for me any deficiencies in respect of the competencies of their boards. In essence, we can also help map the skill sets of the people who are on the panel to the deficiencies. If there is a sense that a particular board is lacking in restructuring or accounting experience, we can certainly - with an eye to the overall panel - help map those skill sets in to ensure that the relevant board will have as comprehensive a range of skill sets as possible but also that those suited to the particular tasks at hand for that board will serve on it.

Am I correct in stating that there is no obligation on the Department or the Minister to accept any of these people? I presume that other individuals can be appointed and that the recommendations can be ignored.

Mr. Kevin Cardiff

It is the Minister's choice.

Yes. The process is there but he can choose various people and ignore, if he so wishes, any recommendations made to him.

Mr. Kevin Cardiff

If he wishes, yes.

That is fine. I return to the process of how directors have been selected and how they are performing. I presume the Department is involved in monitoring how directors appointed by the Government and those in the State-owned banks have performed.

Mr. Kevin Cardiff

We have an outsider's view of their performance. We contact the public interest directors at various levels over time.

How were the public interest directors chosen?

Mr. Kevin Cardiff

From recollection, the Minister of the day chose them.

I presume they were chosen on foot of recommendations made by the Department of Finance.

Mr. Kevin Cardiff

Not so much recommendations. The Minister would have specified a set of characteristics he was seeking and we would have given him a list of names which would have informed his choice. However, it would not have been just our list, he would have-----

Let us consider the position regarding the directors of Anglo Irish Bank, which is State-owned and which was nationalised in 2009. A number of directors were appointed after the nationalisation. Mr. Cardiff would have given the then Minister a list of names.

Mr. Kevin Cardiff

I am trying to recall the specifics. I will go for the simpler ones first, namely, AIB, Bank of Ireland, the EBS and so forth. They had a set of public interest directors - two each - which were appointed in the way I have just described. Anglo Irish Bank was different because we owned it. So we had to have a say in respect of more of the directors there. The chairman - originally the executive chairman - Mr. Donal O'Connor had already been on the board but only for a few months. The Minister of the day thought he needed someone who would bring a little bit of continuity but also who would be new and who would have a fair degree of relevant background. He decided that since Mr. O'Connor was in place and had much of the background, that there was sort of a natural transition.

On the other members of the board of Anglo Irish Bank, there would have been sort of a discussion - back and forth - between the Minister, ourselves and the chairman. It was clear he needed some additional banking expertise and, therefore, a former chief executive of Bank of Ireland was appointed and so forth. Over time, the board evolved somewhat and an extra banker or two served on it. This time last year the final two board members, Mr. Kennedy and Mr. Eames, were appointed and those were, as is the case in all instances, pretty much the Minister's choices. However, we would have talked to a number of candidates on the Minister's behalf.

Yes. Mr. Kennedy and Mr. Eames were appointed in May 2010.

Mr. Kevin Cardiff

May 2010 is correct.

Were their names on the Department's list?

Mr. Kevin Cardiff

We did not have a panel in the way that we have a panel now for that. In other words, we did not seek applications and-----

Mr. Kevin Cardiff

No.

So how were they chosen?

Mr. Kevin Cardiff

The Minister chose them.

Without any recommendations from Mr. Cardiff.

Mr. Kevin Cardiff

It is a back-and-forth process.

Yes, but the two directors to whom Mr. Cardiff referred are extremely interesting. Mr. Kennedy is controversial. He was on the board of AIB when the property market was booming and a feeding frenzy was taking place. When AIB was lending money at that time, he was directly involved. Then he popped up at Anglo Irish Bank as a director appointed by the Minister. Why was Mr. Kennedy appointed? Mr. Eames is also interesting and controversial, particularly as he has a certain political pedigree but no obvious banking experience of any sort. What I am trying to establish is whether the Department was behind these appointments or whether the Minister and the party involved appointed them willy-nilly.

I do not want to interfere with the Deputy's line of questioning. However, I ask that he understand that we are requested not to name people who are not here. Perhaps the Deputy might be careful in what he says.

I am trying to make a point and it is rather difficult to do so without naming those involved.

I understand that.

Mr. Kevin Cardiff

I apologise, Chairman. I should have remembered that. Let us move away from the cases entirely and discuss how appointments are made generally.

I do not wish to interrupt but it is really important that we get to the bottom of how these appointments are made. I will accept any ruling the Chairman wishes to make but I wish to raise one point. The two appointments in question - Mr. Cardiff raised them, I did not - were very controversial in nature and they go to the heart of how bank directors are appointed. I am trying to establish whether people are being appointed for political reasons or whether it is because they are either former bankers or insiders. One of the two people in question - I will not name them again - was one of the key inside executive directors of one of the biggest banks in the country at a time when the property frenzy was at its height. It must be legitimate to question how an appointment of that sort came to pass. How, for example, could such an appointment happen when the State is making appointments to the boards of banks? Why did the Government appoint someone with that record? Perhaps it appointed that person for very good reasons. However, it is legitimate to ask how appointments were made. I would be quite happy to discuss the matter with the two individuals in question if the Chairman wishes to invite them to come before the committee.

There are questions to be asked about the second appointment, particularly in the context of whether the person involved knows much about the discipline with which he has been asked to become involved. It is legitimate to point out that this individual has a particular political pedigree. I accept that this may not be the reason he was appointed. However, it is certainly reasonable to ask how the appointments to which I refer were made and whether they were in the interests of the banks or rather in the interests of old-style banking and old-style bankers-----

I am interested in the question the Deputy is asking and I have allowed him to take it this far.

Bearing in mind what the Chairman of this committee is obliged to state at the beginning of its meetings, we are walking a very fine line. The Deputy has put the argument as to why I should allow the question. It has been allowed and all that was said was said. I must now allow Mr. Cardiff to answer. I am obliged to protect witnesses according to the rules of the committee.

That is fine.

Mr. Kevin Cardiff

The honest answer is that in the past, on all sides of political opinion, directorships were granted on the basis of a combination of official advice and the political experience of the Minister concerned. Ministers have a very difficult task to do in appointing members to the boards of various bodies. There is and can be politics around appointments. However, the reality is that we present the Minister with the names of candidates, some of whom we know and find trustworthy and others we do not know personally but who have good reputations or a particular skills background. The Minister is presented with this helpful list of names. He or she may know none of these people personally or may know some and not others. If the Minister gets the appointment wrong, he or she will be blamed, not I, as Secretary General, on the basis that it is a ministerial decision.

I have great sympathy for Ministers, of whatever political hue, in choosing a director who can fulfil all the necessary criteria. The person chosen must be good at the job, have the right background and reputation and must not get the Minister into trouble or be politically controversial. I suspect that when we end up with what looks like a political appointment, it is often not because Ministers have made a political choice but because they want the comfort of appointing someone of whom they have a sense. Ministers are in an awkward spot and if they are at all risk averse - and we want them to be risk averse - they will tend to select people of whom they have some sense. In other words, they end up selecting people they either know themselves or people for whom another Minister can vouch. That is evident in the mix of people one would see on the boards of banks and so on.

In regard to the public interest directors, the Minister at the time had something else in mind, which was to bring in a group of people who would be representative of a broad spread of political opinion and would be widely regarded as competent to represent that view on the boards of those companies.

We are running out of time.

I will confine myself to a few brief questions. Does the Department monitor those directors to ensure they are doing a good job?

Mr. Kevin Cardiff

We do not have any formal monitoring once they are appointed as directors of the institutions concerned. Obviously, we have a sense of who is hard-working - and these people tend to be - and who is doing what. We get reports back from various sources on the boards.

Are the directors accountable to anyone?

Mr. Kevin Cardiff

They are accountable to the shareholders of the companies.

In the case of Anglo Irish Bank and others, that is the State.

Mr. Kevin Cardiff

Yes, it is the State now, but that was not the case in the past.

Who monitors the directors in those cases?

Mr. Kevin Cardiff

They are monitored in the same way as other board members. In other words, we will look at the performance of the board in the context of the particular institution and the individuals concerned. We are involved in the process of board renewal and the like.

Is Mr. Cardiff saying that the Department does monitor these people?

Mr. Kevin Cardiff

It is not a formal monitoring system. We have a sense - perhaps an imperfect sense, but a sense none the less - of what is going on. The framework agreements provide for freedom for the public interest directors to have discussions with us from time to time, and a good many of them do so. That is helpful both to the institutions concerned and to us.

Okay. I will return to the issue of public interest directors later, if the Chairman is agreeable.

That is fine.

Mr. Kevin Cardiff

On a point that is salient to the Deputy's question, the performance of directors is also monitored by the regulator. The latter is in a process, not unlike ourselves, of revisiting all the directors of the covered institutions, in particular those with longer service. That process is taking place this year.

I have some broad questions. What is the estimated debt burden at the end of the current EU-IMF programme? In other words, what will be the debt to GDP ratio?

Mr. Kevin Cardiff

On my recollection of the estimates, debt as a percentage of GDP will reach 118%, before reducing to 116% in 2014 and 111% in 2015.

Is it the intention that we will return to the markets at the end of that period?

Mr. Kevin Cardiff

It is possible we may return to the markets before that.

The question that is weighing on people's minds is that the programme is quite ambitious in terms of its growth forecast for the economy and in terms of our ability to repay the debt. Is the debt, as currently structured under the EU-IMF programme, sustainable given that we still will be borrowing by the end of the programme, if it goes to plan? Greece is going under and Italy is in severe peril. The latter is having difficulty borrowing on the markets given its debt percentage of 120% of GDP, which is where we will be at by the end of the programme. Is it at all plausible that we will be able to return to the markets within the timeframe indicated?

Mr. Kevin Cardiff

On reasonable assumptions, the debt is sustainable. By "sustainable" we mean that, over time, the debt peaks as a percentage of national income and then starts to reduce so that we and the citizens we serve can see a strong prospect of a point in time when the debt become less rather than more of an issue in our day-to-day lives. It will take time. We can look at a different measure, namely, the percentage of our tax revenues that is eaten up by the servicing of debt. On our current assumptions and forecasts, that will be quite an onerous burden, peaking at some 20% of tax revenues. However, it is substantially lower than was the case in the 1980s when it was at 33% or thereabouts. On that measure, it seems sustainable.

What complicates matters is when people try to suggest there is an easy way around this, that we can have a little default here and a little default there and be a hop, skip and jump away from not having a problem. There is a view that the debt is not sustainable and, as such, why should we bother to repay it? It will be hard work to make the repayments, but it is sustainable. It will be hard work for us in the sense that this will be our day-to-day job, but that is relatively easy compared with the task facing taxpayers, who must do the real hard work. It is sustainable. It can be achieved and sustained on reasonable assumptions but things can go wrong.

Part of that is predicated on the markets believing it is sustainable.

Mr. Kevin Cardiff

The markets believing it to be sustainable depends on two things, their view of what the economy can bear and their view of what the political system will do. I refer to the European political system as well as ours. While the Taoiseach is in Brussels and Members are in the Oireachtas, we receive phone calls from Singapore saying that Deputies Ross, Nolan or McDonald said a certain thing and asking if it is correct and whether the Irish policy system will move away from wanting to repay its debts and asking whether people should sell. People talk about the market, which is hundreds of people making decisions about Ireland. They are watching us in ways that are quite amazing. This committee is being watched in parts of the world that we barely know exist and some of the people in this room are celebrities not just in Ireland but in far-flung places.

Flattery will get the Secretary General nowhere.

Mr. Kevin Cardiff

It is not that we try to arrange this so that we all become world figures but it is true. The question of the market response depends not just on the underlying economic figures but on the understanding of Irish and European politics. Much of the market dislocation in recent months has been based on a view of politics rather than a view of the economy. The economy is in a rocky place but, with the grudging acceptance of our population and what we see as the likely strengths and weaknesses of the economy, it looks likely that our debt is sustainable. We must also convince markets that there is a will to sustain it. From anyone I have talked to, our policy is to continue to repay.

From a political point of view, at the last election the public got angry about the sheer lack of knowledge about what went on. There was a sense that there was no plan and no achievement of anything. There is a great sense that people will accept the necessary pain over the next three years but they want to know that it will lead to something. People will accept a €9 billion adjustment if they think we are going somewhere. Mr. Cardiff referred to expecting a growth rate of 3% per year. We have reduced 2011 figures twice but we are leaving the figures for the years ahead at 3%. Is that accurate and does Mr. Cardiff have a credible belief that we will grow at 3% next year?

Mr. Kevin Cardiff

Yes, I do. We are having more people view our figures and challenge them. This happens as a consequence of being in an EU-IMF programme. Large teams of gentlemen with unpronounceable names - although they retort that some of our names are unpronounceable - look over our figures with great detail, challenge our forecasts, disagree with some elements sometimes in saying we are over-optimistic and then they do the same calculations based on their assumptions in terms of debt sustainability equations. They believe the debt is sustainable on their assumptions, not just our assumptions. The European Commission has published its calculations and the Department can also provide the committee with a note on the debt sustainability issue. If we work hard to remain within the terms of an EU-IMF programme that is not very different to what the previous Government and the current Government decided for themselves, we should see the benefits out over time. Those benefits can be disrupted by the external view of potential policy choices. If we are going to do the work, we may as well say that we are going to do the work and accept the benefits of it.

Regarding the banking structure, Mr. Cardiff mentioned having legally merged companies. Is the restructuring of the merged banks, physically and in terms of manpower, under way? People are worried because they see money going into the banks but they do not see it coming out. They do not see lending happening or cash flow and working capital requirements being met. The State is the majority shareholder and we have talked for a long time about dedicated funds to get banking going. It does not seem to trickle down. Is it that businesses are not sustainable and cannot be lent money or is there a more fundamental problem in the banking sector?

Mr. Kevin Cardiff

The problems in the banking system are fundamental and expensive. We are grappling with them at the most fundamental level - the banks' capital, liquidity and balance sheet structures. I invite Mr. Moran to contribute on the lending issue.

Mr. John Moran

Regarding mergers, the troika examined our programme in March and set us some targets for the restructuring plan based on our recommendations. The troika set targets they considered ambitious in respect of the radical restructuring we need to do at the banks. This included merging Anglo Irish Bank and Irish Nationwide Building Society by December, merging EBS and AIB in September and dealing with the Irish Life & Permanent disposition in October. We took the view that quick execution of the plan was needed to get the banks functioning properly. We brought forward the first two mergers to 1 July and these have been completed on a legal basis. We brought forward the sale of the Irish Life & Permanent institution so that information memoranda have already circulated. That allows us to move more quickly to the next phase, which is the operating plans for the merged institutions in terms of a review by the bank management and board of the resources available to them from both institutions and a review of duplication in the system to remove costs. To the extent that there are people doing the same functions in Irish Nationwide Building Society and Anglo Irish Bank, they are being identified and interviewed for those roles. We are reviewing the plan to ensure it is aggressive enough in moving those institutions forward. One of the key parts of the restructuring of the banks, particularly the ongoing banks, was to split them between a deleveraging plan, a non-core part and a core part of the balance sheet. It is helpful for the deleveraging plan but is essential to get the banks back to normal functioning.

Having reviewed the situation in the early months of the year, our view is that where banks were struggling at management level to deal with capital constraints, liquidity constraints and serious questions about the future of the institutions, management was distracted by the problems and was not doing normal day-to-day business. As a key deliverable, we have switched the amalgamated banking management structure into a subdivision of the legal entity that is the bank, dealing only with deleveraging and not worrying about what is happening with deposits or lending. Their issue is simply targets about the deleveraging that needs to take place over the next three years.

Independent of those people there is now an independent management team focusing just on lending issues. That is a key deliverable in terms of getting the banks focusing on going back to lending on the normal business.

On the restructuring plan, such as it was, we had two options at the beginning of March. The first was to continue with the plan and the way things had been dealt with up to that, which was to allow a deleveraging of the banking system to take place to reduce the monetary financing taking place in the system. That would take account of amortisation and sales or reduction of loans in the Irish economy and outside it, in effect targeting our €40 billion of essential leveraging that needed to take place by including all of the deleveraging. However, we said we will not do it that way but identify the parts of the banks' activities that are essential to the functioning of the economy, which includes private lending, consumer lending and small and medium business, SME, and business lending.

Will Mr. Moran concentrate on the SME business lending?

Mr. John Moran

Yes. We can do all three. The banks have now got a capacity as lending amortisers over the next three years so that mortgages will get repaid and the large amounts of excessive real estate lending that took place in the economy relative to normalised conditions will essentially amortise down in the amount of €30 billion between now and the end of 2013. Notwithstanding the deleveraging process, therefore, we have protected that amortisation and said the banks need to lend that back into the system.

Is Mr. Moran saying it will cascade out in three years and that we will not be back to a fully functioning, healthy system for three years?

Mr. John Moran

The Central Bank would have conducted an analysis for us that would say that of that €30 billion the only amount needed in the Irish economy for the current growth numbers is €16 billion to €18 billion. I do not expect necessarily to see €30 billion of actual lending in the system because people do not need that much money in the system for the economy to grow and for businesses to function.

The problem we had up to that point was that there was no supply of credit in the system because the banks did not want to lend; they wanted to keep the money they had to allow them repay other borrowings that were coming due. Now they are obliged, and effectively structured, to have a capacity to lend €30 billion back into the system. The Chairman referred to a figure of €8 billion of sanctions that took place between AIB and Bank of Ireland on the SME lending between March of last year and March of this year but €8 billion was not taken up by the SME people who got those sanctionings. The loan sanctions have been made but people have not taken them up.

We are not yet clear, in the short time we have been looking at this issue, whether the problem is a problem of the conditions attaching to the sanctions, which is quite likely, that the banks have withdrawn out of fear of making the same mistakes one made before and therefore they are applying conditions that are perhaps too stringent for people, and that needs to be analysed. It might also be a question of the fact that lending in Ireland was available on terms that were frankly unacceptable and way too easy in the years of the boom, and that this could also be just a withdrawal into terms and conditions that are normal and that, as the Deputy mentioned, the businesses looking for the money do not need or deserve the money because they cannot be sustainable themselves.

Beginning with the banks we are about to conduct a survey in the coming months of demand for credit. We believe we have a sense of the supply. We have mandated the banks against targets which increase over time. There is €3 billion for this year and €3.5 billion and €4 billion on SME lending. Each of the two large pillar banks, as a quid pro quo for the capitalisation by the State, have signed up to those targets but making those sanctions will not necessarily make the SME system work. What needs to happen is that we must find a way to have a demand for credit matched to supply of credit.

A guarantee scheme will go in place that will help bridge some of that gap in terms of the type of institutions involved. However, we must also get a sense of the real demand for credit in the sector and the obstacles to those people. Is it a question of people believing the banks are not lending and therefore they do not go near them or is it a question of the banks not wanting to lend? By asking on the demand side to try to get answers as to why people think they have demand and it is not being supplied, I hope to have a better sense of the reason for that.

The Deputy will be aware that we have a credit suggestions initiative in place where we solicited questions and ideas from the public. A sub-list of those has been recirculated to allow us get them into implementation by the end of the year. They include suggestions such as including the Money Advice and Budgeting Service, MABS, in SME; advice, if that is a good idea, to allow them give advice to small businesses in trouble as well as personal business; and increasing opening hours. The Deputy is probably aware of the issues.

Yes. Chairman, I have one brief final question.

I have to move on to Deputy Deasy.

It is a brief question. There was a severe uproar, and rightly so, from the members of the public who put billions of euros into these banks when the AIB requested that the salary cap for its chief executive be lifted. It was a justifiable outcry, if we are to have any sense of social solidarity among people, that although the chief executive was earning more than twice what the Taoiseach is earning it was not enough. Will the Secretary General tell us the status of that application and his intended response?

Mr. Kevin Cardiff

Is the Deputy referring to the chief executive or the former chief executive?

AIB's new chief executive.

Mr. Kevin Cardiff

We are in that discussion. We have not concluded on it yet. The Minister will have to make some decisions on that. Without suggesting what the policy view should be, it is a difficult enough balance. The people who run significant financial institutions in other jurisdictions which have fewer difficulties than us sometimes get paid very large amounts of money. The people who are available in Ireland probably would expect less, given the way the market is currently. On the other hand, the public acceptability and the acceptability of the Government of some of the Irish candidates might not be as high as it would have been in years past. We have to fish in a pool and use the right bait, but not too much bait. Getting that balance right is difficult enough but there are real costs in getting the wrong people also. Big money does not guarantee us the right people. In fact, it might guarantee us people with the wrong motivations but a certain amount of flexibility is necessary too and the Minister and the current chairman of AIB have to work through those balances between themselves. There are many other issues in the frame as well in terms of public sector pay and so forth, some of which are being put out of the way for the moment at least.

As for being paid more than the Taoiseach, many people in this economy have been paid more than the Taoiseach. The Taoiseach and people like the members are paid much more than the average and therefore I do not believe it can be about finding some sort of artificial benchmark and saying, "Thus far and no further". It has to be a sensible judgment based on the real public interest.

I apologise for having to leave to vote a few times. I apologise in advance also if members have touched on areas on which I am about to ask questions.

Mr. Cardiff stated in his opening remarks that there were signs that economic activity had started to pick up again. Can he elaborate on that?

Mr. Kevin Cardiff

If the Deputy does not mind there is a man who knows the details better than me but in terms of our economy, we talk about export led growth and the like, and we are certainly seeing an export sector that is doing quite well and is driving growth. However, the growth, and we found this in years past and therefore it is not necessarily a negative, tends to come first in that sector that is externally focused. It tends to be a high-productivity sector, which means there is a lot of money value associated with the growth, but less in terms of employment intensity. Over time, the money starts to circulate and percolate into the service sectors, which are more employment intensive. There is a significant lag and we must get the export-led growth well established before we will see an impact.

I am asking because export figures have been good for some time. Small businesses in my constituency are collapsing. They are falling like skittles. House prices are continuing to decline. Although Mr. Cardiff states there are some signs of economic activity improving, this is not the case at all where I come from. In fact, circumstances are disimproving very rapidly.

Mr. Kevin Cardiff

In the Deputy's constituency, especially around the city, he will see empty buildings and shops that are closing. There are shops on the outskirts that have opened up and one wonders whether the competition has been good. In the round, however, a wide swathe of the country has been hit hard by the recession, not just Dublin 4 or Dublin 2. Even if we can say there are signs of recovery, people are still suffering. It is like having had a flu for several weeks. One does not recover immediately and sometimes one does not recover at all because, even if the flu jab is made available, it may be too late. Just to be clear, I am not saying we are suddenly out of the woods.

I am just getting into specifics. Mr. Cardiff mentioned that he receives calls from gentlemen in Singapore about bad news in the Committee of Public Accounts. He said in his opening statement there are signs of recovery. Apart from the export sector, which has been buoyant for some time, where are the signs?

Mr. Kevin Cardiff

Export sector growth is not just led by the multinationals, as we would have expected in the past. There is a better spread of activity in the indigenous sector. The food sector is doing better. It is an indigenous employment generating sector. The international commodity prices on which the food sector depends have been solid. Bearing in mind long-term trends and the growing world population, the fairly limited food supply can be improved with technology and so on, and the Irish food industry is well placed in that regard.

We are leading the world in some sectors in which we never believed we would be leading some years ago. I refer to games and gaming, for example. There is a real sense that the economy has adjusted in ways that other countries' economies have not. For example, our unit labour costs relative to productivity in the rest of Europe have improved greatly. Our overall competitiveness has increased. Deputy Deasy said house prices are falling but so also are the costs of doing business and renting business space.

The IDA tells us there is a pretty strong pipeline of foreign direct investment. We are maintaining and fighting hard to maintain the tax treatments that help to generate foreign direct investment. It is not just a question of the tax treatments, however. There are many positive factors. We differentiate between ourselves and others on the aforementioned measures. They are very real. What matters in terms of foreign direct investment is the cost of doing business in Ireland. If one can say to a new business that its property costs, staffing costs and staff turnover will be considerably lower than they were five years ago, it will be of benefit. Many firms' problem was not the amount of money they were paying staff but that there was a staff turnover every two or three years.

There are improvements in all these areas and the improvements are showing up in performance. It is these factors, together with the fact that this economy has proven economic capacity that is not currently being utilised, that must be borne in mind. We have had a very severe recession. The economy is capable of producing a lot more and has the infrastructure, people and ability to do so. The proven infrastructure and sufficient capacity and workforce mean that, as conditions improve, there will be pressure for growth from below rather than an in-built demand.

We must get a few things right, however. Growth has reduced considerably in the construction sector. If, as is likely, we are not to have a construction sector as big as the one we had, it will be necessary for those who were trained to work in that sector to be able to compete in other sectors. It is a constraint, and we need these workers to be retrained and available to re-enter the workforce in a different sector. There are considerable potential benefits in the economy. It is these that we see feeding into growth, not just this year but also next year.

By Irish standards, we have quite a high savings ratio at present. This means people are saving and not spending as much as they did. Saving can mean more money in the bank or in investments, or it can mean one is paying down debts. The latter is a major factor. We regard this as bad in the sense that, if people were spending more, we would have more growth now. However, it is good in that it means people are adjusting their personal balance sheets in the same way the country is adjusting the national balance sheet so as to be better placed for the future. We must get through that process. If it takes a little longer than we hope or expect, so be it, but personal and family balance sheets must be adjusted to return to the growth phase. Picking the moment for that is difficult enough.

Mr. John McCarthy

I will put some figures on what Mr. Cardiff has spoken about. In the first quarter, output was up by 1.3%. This is a reasonably solid growth figure. Our forecast, which was published in the stability programme update last April, is for growth of 0.8% this year. That will be the first instance in three years. However, as important, if not more important, than the actual figure is the composition of growth. This relates to the point the Deputy is making. There is a clear dichotomy between the exporting sectors and domestic demand. The export sector is performing very well - there is no debate about that - be it on the goods side or the services side. Exports were up by approximately 7% in the first quarter in annual terms. Clearly, domestic demand is very weak. This is not nice but it is partly necessary because of the imbalances that built up during the boom. I refer to the high level of house building during the boom and the consequent oversupply that needs to be addressed. Mr. Cardiff mentioned households deleveraging and balance sheets in this regard. The rate of contraction in domestic demand is easing. While it is still negative, circumstances are not like those in 2009 in 2010 in that many of the adjustments have taken place.

Growth is returning to the economy but it probably does not feel like that because the average person is not directly affected by the export sector. The employment generated by that sector is, unfortunately, quite low. It will be some time before that feeds through to the next phase, which involves more investment, and eventually into the labour market, consumption and so forth.

How long will that take?

Mr. John McCarthy

That is a good question. Our numbers are based on growth of approximately 2.5% next year and 3% thereafter. I stress that it is all export-driven growth.

There is the dichotomy. Granted that export-driven growth is expected to be 3%, when does the Department believe the pick-up in domestic growth will begin?

Mr. John McCarthy

Two components are really dragging domestic demand. The first is the unwinding of construction imbalances, such as the huge level of house building. This is now as low as it can go; we have come down to such low levels it cannot fall much more and it should begin to flatten and bottom out. It will not return to the 90,000 units we produced in 2006 and 2007, but nonetheless it will not be a drag. The other unknown is something the Secretary General referred to, which is what is happening on the consumer side. At present, the savings rate is approximately 13% compared to long run average of approximately 7%. This has two elements. The first is the precautionary element as households are scared out of their wits. The other is deleveraging, some of which is already complete. As confidence begins to return to the economy we will probably see some unwinding of the savings rate. I will not state it is anybody's guess as to when this will happen, but there is correlation between precautionary saving and the unemployment rate. Once unemployment begins to stabilise perhaps we will see some unwinding of the savings rate. This will feed through to stronger consumption. I stress it is quite uncertain. To sum up, it is very difficult to put a time on it.

Mr. Kevin Cardiff

I will ask Mr. McCarthy to give the Deputy an idea of when our assumptions, figures and forecasts suggest the return to positive employment growth will be. This is the crucial point which he wants to know.

Mr. John McCarthy

To put it into context, for this year we project employment will fall by 1.6%, which is broadly consistent with the figures that have been published heretofore. Even though we have positive output growth this year we still see employment figures reducing, which is probably typical of a recovery pattern. Typically, there are lags between when the labour market reacts to output improving. In the short term, firms will use workers more productively. Next year, we see a small improvement in employment of approximately 0.5%. We see the labour market turning from next year and unemployment will reduce on foot of this. I stress it will reduce very gradually. A large part of unemployment is probably structural in nature and it will not be unwound by cyclical recovery. By this I mean construction workers; it will take a long time to retrain them to move into exporting sectors. We do not see unemployment reducing dramatically.

I will return to what Mr. Cardiff said about what the independent review group pointed to, which is the expertise and skill set in the Departments of Finance and Public Expenditure and Reform. One of the issues was that people such as those in the Department of Finance, the Financial Regulator and politicians worked in isolation. The level of interface, interaction and communication between the various groups that governed and administered our economy were not with each other at critical moments. How has the Department's reporting system changed, particularly as it has been split and has become a more complicated organisation? How has the reporting level between the Departments of Finance and Public Expenditure and Reform been improved?

PhDs were mentioned and I thought there was a contradiction between what Mr. Cardiff stated and what is happening in the Department of Finance. He stated that the Department had employed people with economic PhDs. However, he then stated that one could employ as many people with economic PhDs as one likes in the banking sector but it comes down to three or four key people who have a sense of what is going on in the commercial world. The public would have assumed that by now the staffing issues in the Department of Finance would have been dealt with regarding the skill sets, the expertise and the analytical skills that are absolutely necessary to run the Department property. He also mentioned the public sector embargo and the stresses and demands on the staff. Will Mr. Cardiff elaborate on what he is actually dealing with to get up to speed and to that critical mass in the Department to which the independent review group pointed? Will he give more detail on this? There is an assumption among the public that these matters have been dealt with already.

Mr. Kevin Cardiff

I will deal with the Deputy's questions in three phases. With regard to splitting the Department and the restructuring of the new Department of Public Expenditure and Reform, it makes some matters more complicated. However, the Government which decided to do this also provided us with a couple of mechanisms to ensure co-ordination did not become too much of a problem. On top of the two Departments is another structure, which is an economic management committee which I and the Minister for Finance attend weekly, or sometimes more often, as do the Minister for Public Expenditure and Reform and his Secretary General and other advisers and the Taoiseach and the Tánaiste. There is a relatively small but high-level co-ordination committee which is, on the basis of the experience of recent months, very active in ensuring we in turn are very active on economic issues.

The second approach to ensuring co-ordination remains good is that we have maintained the people in the one building; they have not moved and most sit at the same desks doing the same work they did, and they interact with most of the same people they interacted with. We structured it in such a way that routine matters such as a submission on expenditure at the Department of Health goes through the proper line of reporting to the Minister for Public Expenditure and Reform, while a routine matter on tax goes to the Minister for Finance. Reporting on broader strategy papers tends to go to both Ministers. We share documentation and try to avoid duplication. If the Minister for Public Expenditure and Reform has in-house expertise on a particular issue, the Minister for Finance will go to the Government with the same briefing. As much as we can we avoid in-house - by which I mean the building - duplication of effort. We face some challenges in making this work. There are two reporting structures and even though both Departments are based in the same building with the best will in the world this can cause some strains, but so far they are not evident. We are working very hard to ensure they will not become so. We treat the people as a common pool so if we have a particular staffing need in one area it can be met by someone in another, so that we can have cross-fertilisation. This should help to underpin our skills and provide opportunities to our people, which is positive from a motivational point of view.

With regard to the question on whether we have the skills now, we have a highly skilled set of people doing good work but we have some real work to do to ensure we can maintain and increase this. We are, rightly, looking to the broad public sector and if there is expertise in a particular place we are asking to use it to its best advantage. If Joe Bloggs or Jane Bloggs is doing a nice quiet job in State body A but could be at the coalface in the Department of Finance and doing work of higher value nationally, then we have not been averse to asking to please have Jane Bloggs come work for us. This is not a long-term manpower plan. It is something that will get us through a couple of years. We have not yet got to the point even of knowing how we will do it but we have not yet translated a good team of people who are overstretched but doing the business right now into a long-term plan for making sure the team has a life that goes long beyond the life of people-----

Mr. Kevin Cardiff

We are very busy doing the day job and we are in a transitional phase making sure that we continue to do so. We have some plans that we are working on. We will talk to Ministers and so forth about them over the summer but, from my point of view, the immediate priority over the past six or nine months was to make sure I maintained the skill levels we had. I brought in extra people to make sure that we continued to meet the demands on the Department. That short-term demand was important to meet quickly and we can take some time to plan for the longer term.

I thank Mr. Cardiff.

The report states human resource management is poor because staff are doing their day job, as Mr. Cardiff said, and there are issues relating to people doing courses and appropriate qualifications. It suggests that the Department should commit to modernising its HR management function and should engage a professional human resources expert from outside government to help. It further states that should include performance management where "dramatic improvements" are necessary. To help to answer Deputy Deasy's question, what has happened since then?

What plan has the Department set down?

The plan is necessary but what action has been taken?

Mr. Kevin Cardiff

By coincidence, that is probably more appropriate to next week than this. We have just selected a person who meets that specification. That person - assuming they accept the job and I think they will - will, it is hoped, be in place in the next few weeks to do the precise job. At the same time, the Department of Public Expenditure and Reform, which was not envisaged when the Wright report was finalised, will do the same thing and bring in a new professional HR manager to bring us through that process. The committee can see that we have that in mind and that we are working towards that aim.

On performance management, one would think if one tried to performance manage many people, one might manage them down because they are working so hard. In every organisation, there are a few who need some help. What happens in times of real crisis is the best people spend their time doing the job and maybe a few others do not get the attention and the development required. However, performance management is a priority under the Croke Park agreement and it is also a priority for the Department. The Department of Public Expenditure and Reform is looking again at how we do that in the Civil Service. We are looking at it again at how we do that in the Department.

It is about two things. It is about, first, having people perform well, work hard, engage with their work, be satisfied and so on. The other issue which, maybe, has been less formal than it needs to be, is about getting people to do the work in the way that is best focused towards the objectives one wants to meet. Sometimes those objectives can change from day to day or even week to week but, nonetheless, people need to know what is expected of them especially, frankly, in a Department where so much is changing. We have four major changes going on at once. In that sense, we have a lot still to do on performance management and HR management. We have gone to the trouble in accordance with the Wright report of going out and looking for external expertise that will help us with that and we will find time in what is a busy schedule to give it the attention it deserves to ensure we are better prepared for our future. No one in the Department wants to do anything other than their best for the public so that is our aim.

Sometimes it is not even about doing one's best; it is about square pegs in round holes and getting the best out of people rather than working longer hours. Human resource management within the Department is poor. Its management of human resources in terms of overall management of the public sector is poor. It is highlighted in this report and no urgency attaches to the "dramatic improvements" that are necessary, according to the report. That would have been the area to address immediately because the Department is dealing with a huge number of people who are undergoing change themselves because of the reduction in numbers and so on. It seems to be a feature of this and other Departments.

It is also about the quality of analysis that occurs at senior levels within the Department. Is a review of this an aspect of Mr. Cardiff's management plans going forward?

Mr. Kevin Cardiff

That was a very big element of the Wright report. We tried to address the criticisms and, indeed, the positives in that report in terms of the way we do our business. We tried to ensure that we have a fairly regular challenge to the thinking we have in terms of how the economy is going and so forth. The Wright report and Government policy and departmental advice in any event was that we should seek a formalised external critique of our budgetary and fiscal plans, which is taking shape in the form of the fiscal advisory council, which has just been established. While they are independent, they have started their work and they have started meeting and so forth.

Will Mr. Cardiff explain the interaction with the advisory group? How does that work?

Mr. Kevin Cardiff

They will formally critique the plans that we give the Government. The council's mandate is as follows: to provide an assessment of the soundness of the economic and budgetary projections and forecasts set out by the Government on our advice in the annual budget and the stability programme update twice a year; to provide an assessment of the appropriateness of the fiscal stance set out by the Government in the update; to provide an assessment of whether the budgetary plans set out in the update are consistent with the fiscal rules which it is proposed to publish as part of a fiscal responsibility Bill by the end of the year; and to perform such other functions, including an assessment of the implications of budgetary plans for economic growth, investment and employment, as may be assigned by the Minister for Finance.

In a sense, they will have to determine their own work programme within those terms of reference but I hope they will deliver to the Department, as well as to Government, an added perspective from a group of experts who will be open and willing to change our views on the economy. There is always a danger if we are talking to the ESRI, the Central Bank and various other people in the economy that we end up by talking to each regularly without coming up with supposedly different forecasts. There is a danger of a groupthink and their job is to make sure that it is not a groupthink. If there is a consensus, it is because there is a reality behind that. At the same time, I have tried very hard to make sure we are not inwardly focused in terms of economic analysis. How do we do that? The committee can see some signs of it. For example, we brought in a group of economists for a seminar on recent figures and we allowed people to throw them around and bounce ideas around. At the same time, we have a process of bringing reputable economists into the Department every two weeks on average to give their view on the economy. We then take an in-house sounding about some of these views. Some of them have been helpful with policy direction while others have shown us what is out there in the economic system, who can challenge and who might not. We have been able to build more around this.

Each of these is a small development; none of them is a game-changer. To give a sense of the change in approach, in 2010 the programme of presentations was introduced. It happens every several weeks, not just something done for a short while. The problem is to ensure we do not get jaded by this new approach and that it does impinge on our thinking. This year we also introduced one-off seminars in which a group of economists are invited to talk about specific issues. Seminars have already been held on the plans for the fiscal advisory council and on the broader budgetary and stability programme update, SPU, forecasts.

We are also trying to participate more in economic conferences. It is not usual for civil servants but some of our economic cohort will give some academic papers. Accordingly, they can be part of an academic community that can help them with their analytical skills. The focus, however, must remain on the Department's work and not on research possibilities.

We are building in a broader risk perspective in our day-to-day economic advice to the Government. There are formal papers explaining to the Government the risks of either side of a policy and how to respond to them. We have also introduced an economic adviser who sits separate from the line responsibility and is, what I would term, an internal-external challenge to some of the thinking in the Department. There are no longer just forecasters reporting to a senior manager who produces the Department's overall forecast but this new adviser who can ask for the figures to be thrown about.

While individually these developments do not mean anything different, they are a genuine attempt to see how to improve analysis and, even if we think it is good, how can we challenge it. While we are not there yet, we are a quarter of the way there.

Will Mr. Cardiff remind the committee how long he has been with the Department, how long he has been Secretary General and what role he served in before this appointment?

Mr. Kevin Cardiff

I was originally with the Department of the Public Service which was subsumed into the Department of Finance. I have been with the Department for most of my career. I have been Secretary General since February 2010. Before that, I was involved in banking and tax matters and various other sections.

Specific procedures are in place which must be followed when there is a difference of opinion between a Secretary General and a Minister. Has Mr. Cardiff had an occasion when he disagreed with a Minister so strongly that he had to put it in writing?

Mr. Kevin Cardiff

Countless times but never in the sense that the Deputy means. The provision he referred to is there for when a Secretary General believes the Minister is acting illegally or contrary to public procedures.

Does it cover a Minister acting against the public interest?

Mr. Kevin Cardiff

Taoisigh and Ministers get elected to decide the public interest. If I were to have a serious difference of opinion with the Minister, I would make it very clear to him or her. If I believe it were to be of a serious nature, I would put my views in writing.

It is a funny part of my relationship with the committee that when I appear before it, I am not even supposed to discuss the constraints I work under because those are policy matters. If the Chairman were to give me a little leeway-----

I can give loads of it. We would be very interested to hear about these matters.

(Interruptions).

Mr. Kevin Cardiff

My job is not to undermine the decision-making role of a Minister who has the political status that I will never have as an employed official.

I was not referring to undermining a decision but to occasions when there may be a difference of opinion.

Mr. Kevin Cardiff

Where there is a difference of opinion, I will tell a Minister directly and clearly that it exists. If I were to feel it needed to be clarified, I would put it in writing.

Can Mr. Cardiff comment on the occasions when he has done this and why?

Mr. Kevin Cardiff

I cannot because it would not be appropriate to refer to individual occasions. It has not arisen, however, very often. There have been many times I have disagreed with a Minister but usually they have been relatively small variances. What usually happens is one introduces a topic to the Minister on which one has a significant difference and talk it through. One must understand both the Minister's constraints and that he understands the opposite views.

Of the two Ministers I have dealt with at Secretary General level, they would have taken my views into account when making their decisions. I do not have concerns about putting matters in writing. The Ministers of which I have experience were not of the ilk that they would take it amiss that I did so too.

It would be a serious issue if it were to be put in writing.

Mr. Kevin Cardiff

No, it could be a minor matter. My job is to advise the Minister. If I happen to be in the room with him, I would give him the advice straight. Alternatively, I would make a note on a memo as to my view on its proposals.

I take it then Mr. Cardiff has never felt obliged to put down in writing when, in the words of his Department's procedures "the Accounting Officer considers the Minister's opinion is not a reasonable one."

Mr. Kevin Cardiff

It has not arisen in that form.

In 2009, €6 million was spent on consultancy services. Is there a breakdown of these services? Were fees paid to the same consultancy providers in preceding years or since?

Mr. Kevin Cardiff

Yes, the Department has paid fees to the same providers since. The largest consultancy element is legal advice as we seem to have lots of legal troubles but we are doing well in battling them. I can circulate the breakdown of the fees to the committee as they are no secret. I am happy with the legal advice we have been getting which, although very expensive, is good. Its value is very high in that the cost of not having it would be enormous. However, we are a little uneasy about sticking with the same people for too long without a tender.

Ms Ann Nolan

To add to that, as the committee members are probably aware, we have been using Arthur Cox for legal advice for the past number of years. We did not tender for that contract because we contracted the firm in a hurry. Then it became a continuity issue because once one has gone down a certain slope, it is difficult to go without advice for a period. While tendering, one would have to be without legal advice, but unfortunately, over the past two and a half years, there has not been a period when we could say we did not need it. When the banking unit was set up earlier this year - February or March - in the NTMA, however, it tendered for legal advice and set up a panel of legal advisers. When the panel was set up, one of the firms on it was Arthur Cox, and from the date the agreement was made with the NTMA, it applied the tendered rates to the Department's contract also so that our rate of payment was reduced. Since then our payments have been on the basis of the tendered agreement with the NTMA.

The NTMA banking unit is now coming into the Department and we intend, although this has not yet been discussed with all members of the panel, to ask any panel members set up for the NTMA whether they want to enter into the same agreement with the Department as they have with the NTMA, which will continue to have a need for legal advice. The Minister will enter into that agreement with them on the same terms, which will enable us to have a tendered panel on the same basis as that tendered by the NTMA earlier in the year.

What about financial advice? Are we paying any consultants currently for financial advice?

Ms Ann Nolan

The Department is not paying a consultancy for financial advice. The NTMA is paying Goldman Sachs for financial advice which is available to the-----

How long has it been paying for that service?

Ms Ann Nolan

I think Goldman Sachs has had the contract since the beginning of this year, but I am not an expert on that. When the NTMA banking unit comes over to the Department, we would expect that information. I cannot make a public statement now because we have not entered any discussions yet. However, we expect to novate the contract across.

The Department itself does not have a financial consultancy contract, does it?

Ms Ann Nolan

No. We work with the NTMA.

Has it only a contract with Goldman Sachs?

Ms Ann Nolan

At the moment it is only Goldman Sachs. Over the three years since the banking crisis, it has been Merrill Lynch, followed by Rothschild and now it is Goldman Sachs. We have had different people, but always through the NTMA.

Mr. John Moran

To clarify, it can be difficult to understand what exactly is meant by the term "financial advice". There are other people helping in the process of the recapitalisation. For example, McKinsey & Company is helping with trying to assess the speed and efficiency with which some of the management of the banks are extracting costs out of the merger of Anglo Irish Bank and others. I realise the subject is extremely emotive because of the amounts being expended by the State, so it is important to know that we take the opportunity where possible to recharge the cost to the institutions involved. For example, Bank of Ireland, where the State does not own 100%, will pay for a chunk of the advice we receive from Goldman Sachs on a recharge basis. What is even more important than that is that we put the amount of fees being paid in the context of the amounts at stake to the State.

The legal advice we have talked about, which I understand runs to millions of euro and is an enormous sum of money in the context of the State finances, is in fact being used to secure a benefit in large part on the liability management exercise, which has now gone to almost €5 billion for the State. Mistakes along the way will lose us more money than the amount of money we are paying, so it is important the State has access to the best advice available, but that it takes advice in a way that is competitive in order that we can try to extract not only the best advice for the State but also ensure the State is not taken for granted in terms of the fees it pays. There are certainly situations, although they are commercially sensitive and I cannot go through them now, in which I and the Department division have relied on the advice of Goldman Sachs, which has been different from the advice of other advisers in the system, and secured multiples of the fee for the advantage of the taxpayer by following that advice. A problem we also have is that advisers do not always agree with the preferred course of action that should be taken. Therefore, one must build up a certain level of trust in one's advisers by working with them.

Who makes the final decision when taking advice from different quarters before bringing it to the Minister? Who is the person who says we will go with Goldman Sachs this time on this one?

Mr. John Moran

There are two things. There is a question of who makes the decision on what the course of action should be. That is obviously a decision for the Government. What we try to do is present a balanced series of options to the Government and the recommendations would include the negatives and positives because in many cases there is not a clear answer, yet a decision needs to be taken. The decision on the choice of the advisers is taken in accordance with public procurement rules so that there is, where possible, a panel of people advised to tender. Advice is taken in accordance with the rules that exist for both a balance in terms of the experience and quality of the people and how they match up to the requirements of the task, and cost, which plays a significant part.

If, for example, we contract out for advice on a particular issue - perhaps to Merrill Lynch - and it comes back with its advice and we follow it, do not follow it or follow part of it, who makes that decision? How does it operate? Who cherry picks the advice we have paid for professionally or who decides on an option that has been presented and is not followed?

Mr. John Moran

Depending on the level, a decision is ultimately taken by either the Minister, after discussion with the economic council, or by the Cabinet.

Is that what happens in the case of, for example, the banking guarantee?

Mr. John Moran

I was not around for the banking guarantee so I cannot comment on how the decisions were taken on it.

Was anyone here around for the banking guarantee?

Mr. Kevin Cardiff

That decision was made by the Government and consultants. Ostensibly, the advice available from Merrill Lynch and others was known to the Government when it made the decision. However, in the end the questions come down to the balance of risks and the value one puts on those risks.

Why was Merrill Lynch brought in so late - according to the documentation - at the time of the bank guarantee? It appears that Merrill Lynch was only brought in a very short time before the bank guarantee was introduced.

Mr. Kevin Cardiff

It was a couple of weeks.

It was just a number of days.

Mr. Kevin Cardiff

It was slightly more than that. One of the reasons was that set of advisers, who had been brought in, had to step out, which would probably have lost a week in the process.

Why did they have to step out?

Mr. Kevin Cardiff

They had a conflict of interest with another institution.

Was that in terms of one of the covered institutions being examined? Would the Department not have been aware of that when it appointed them?

Mr. Kevin Cardiff

It was discussed. They did not say they had a conflict, but then they brought it to the Department's attention.

If being critically objective, one would almost have to say there was a problem with the procedures being applied internally.

What was the conflict of interest?

Mr. Kevin Cardiff

It was between an adviser who was hoping to do business with the bank which would also have to be dealt with by the Government. There was a sense of conflict there.

Was it an adviser for whom we were going to pay for their services or were they already working for the Department?

Mr. Kevin Cardiff

They had agreed to start working for the Department and had done some work. Naturally, we did not pay them that.

Had they declared their interest before beginning that work?

Mr. Kevin Cardiff

No.

Is there a procedure for doing that in the Department?

Mr. Kevin Cardiff

That would have been built into the contract, but as that moment was coming to us, they stepped out.

I am sorry, I could not hear that.

Mr. Kevin Cardiff

The contracts would have standard conflict of interest clauses. There was not an immediately apparent conflict, but it became clear very quickly that there could be a conflict. In other words, they were happy to advise on some institutions, but one or two they were not. It was becoming clear that the advice we would require would concern all the institutions, not just one or two. Perhaps the Deputy's question should be why they were not in six months beforehand. The answer is that we did not understand the extent of the analysis needed and how fast it would be needed. I am being fully honest.

It is my understanding that we did not follow their advice in full. We paid a lot of money for it and we did not follow it in full. I am trying to understand why we did not follow the advice.

Mr. Kevin Cardiff

Just to correct a misconception, the money was for advice over a year or more, not just a week. There is a sense that it was paid several million euro for six days worth of advice, but it was for a longer period.

On why the advice was not followed, it was because the Government made a decision that was, on balance, different. To be clear, no advice to the Government pointed to a clearly better option that was so much ahead of the rest that it should not have considered the other options. The advice concerned the balance of risk and advantage of various different approaches. In those circumstances, a wise Government makes its own decision.

Was the different advice presented to the Department presented to Government as well or was it presented with one or two options? Was the Government aware of the extent and content of the advice from Merrill Lynch and where the Department deviated from that advice?

Mr. Kevin Cardiff

We should remember that this was a fast-moving issue and did not arrive on one day. There were months of planning and weeks of intensive work. The Taoiseach and the Minister for Finance were involved in that process as it developed and would have known and have an understanding of how the advice was developing. They would have been at meetings with the financial advisers, the Central Bank, the Financial Regulator and all the rest. A series of meetings led to a particular instance. There was also a worsening general context. It was not that a group of people arrived in a room and were given, with no background, a piece of paper stating the one piece of advice with which they could either agree or not. There was an evolution of events and advice over time.

The documentation at that time was made available to the Committee of Public Accounts of the 30th Dáil and is available if copies are required. Mr. Cardiff outlined the same position.

May I continue with questions?

Your time is up. Deputy McDonald has indicated.

Mr. Cardiff seems very buoyant in his views on these matters. He told us the debt is sustainable, that we will sustain it regardless of whether we like it, and he is confident we will re-enter the debt markets. I find his analysis extraordinary in that he said any glitches in market confidence revolve around policy uncertainties in the State. We have had a change of Government but no change in policy in respect of sustaining the debt. That does not add up for me. Why does Mr. Cardiff think our bonds have been relegated to junk status?

Mr. Kevin Cardiff

Just to be clear, I think the Deputy has misunderstood me if she thinks I seemed buoyant. This is not a buoyant situation; it is dreadful. She has also misunderstood me if she thinks I said it was all about policy because it is not.

Markets take a view on two separate issues. The first is their analysis of the underlying economy and the capability of that economy to deal with personal and Government debt. The second issue is that the markets take a view on the policy context in which the economy operates. I said that there was not just a national policy context but an international policy context. I focused on that because a lot of the market developments in recent weeks and months can be attributed directly to the second element, the international policy context. One can see an immediate reaction to particular events. I said even if we did not have those international issues to deal with, dealing with the scale of the debt within our economy would be very hard work, and I meant that.

I wish to draw Mr. Cardiff on that point. While the troika may wish to put a star on the copybook of the State in regard to its conformity with the memorandum of understanding and all that flows from it, the evidence tells us that between visits, bearing in mind that we got a clean bill of health on both reviews, a number of indicators are telling us that what we are doing is bad for us. One of them is the ten year bond yield and the fact that the situation worsened to the extent that we are now in the junk category.

I put it to Mr Cardiff that while it is the view of the Department and certainly of the Minister and therefore the Government that the debt level is sustainable, the markets look at the State and, notwithstanding strong export growth and so on, understand very clearly that the debt to GDP ratio which stands at 114%, 116% and 118% means we are bearing an unsustainable burden. Has Mr Cardiff entertained that thought?

Mr. Kevin Cardiff

Of course we consider that, how to mitigate it and what can and cannot be done to address the issue. The Deputy has a policy view which is clearly different from that of the Minister. I am legally prohibited from discussing the merits of his policy and, by definition, that of the Deputy in this forum.

I want to be clear-----

Mr. Kevin Cardiff

There is a factual background and set of assumptions behind it that we can easily discuss. On the assumption that we have built into general forecasting figures, the debt is, as a matter of fact, sustainable but that is only a formula. There are a lot of assumptions, some hope and a certain amount of policy choices behind the formula. The assumptions include the meeting of the fiscal adjustments which are built into the various programmes, which is a policy choice for the Government and Oireachtas every year, and even more often. There are assumptions about growth rates and the outcomes are very sensitive to them. Others have different views on the likely growth rates and also came to the conclusion that the level of adjustment is manageable. There are assumptions about the cost of funds. If we paid the cost of funds that are currently in the market, the debt would not be sustainable, but we are not paying that. We are paying at a lesser rate. The Taoiseach and others have views on whether the rate should be further adjusted. I would hate it to be suggested that we were blind, in the sense of feeling that it was not a big task. I never said that, but on the set of assumptions we have, and those are assumptions not just about economic outcomes but also about political choices, the debt is as the formula works out.

I entirely understand it is not for Mr. Cardiff to comment on policy options but he has said it is the view of his Department that the debt is sustainable. At what point does it become unsustainable? If it is 20% of the tax take which he views as sustainable, where in his analytical view does it hit a peak? I am not asking him to be political about this but as the Department charged with making an informed analysis and giving informed advice, at what point does the alarm bell ring in his head?

Mr. Kevin Cardiff

Again, just to be clear, the alarm bell is ringing. This is a difficult situation.

I appreciate that. I am not trying to suggest Mr. Cardiff make light of these matters but if he is saying that it is a sustainable proposition at 20%, at what threshold does it become unsustainable in the view of the Department?

Mr. Kevin Cardiff

If one were to change the assumptions on growth or on the cost of funding, such that the formula would show instead of having the debt ratios start to turn down in 2015 or 2016 that it continued to creep up over the long term, even if that creep was relatively small, one would start to say that is not sustainable because we cannot have a long-term increase in the debt levels without a plan or a sense of what that starts to improve. One can introduce any one of a number of elements into the formulae that would produce that outcome, it could be around growth or around funding cost. We can show the committee the formula we work on and people can input what they wish but it does not have to be a single thing, it could be a mix of circumstances that would lead to a different set of conclusions. On the other hand, things could turn out to be significantly better than we expect also.

Will Mr. Cardiff tell the committee what the State has drawn down from the bailout funds to date?

Mr. Kevin Cardiff

I will just get the figures. Chairman, if you do not mind, one of my colleagues has a meeting to which he is committed. Since he has already done a lot of talking do you mind if he goes?

I will not delay Mr. Moran. Part of this report states that you do not have sufficient engagement with the broader economic community in Ireland. I was suggesting earlier that there is a certain - I will not call it denial - trend, not in the Department, on the part of the banks about the information that is coming forward, how it is presented in this Parliament and so on. It is in a similar vein that information is being presented to the broader public and, in particular, the business community, that the bank is lending the €8 billion referred to earlier in response to Deputy Nolan. As I understand it, consultants are coming in to analyse the activity of the banks to determine where exactly they are lending or not lending and why there is no takeup of the lending that has been approved by the banks. I would suggest to Mr. Moran and the banks that they would be better engaged to ask the various representative bodies of the business communities throughout the country. They will tell him that the banks are restructuring existing debt or existing arrangements at a higher level of interest with conditions that are preventing businesses from taking it up and they are actually suspending the implementation of some of the decisions and relying on the older decision because they cannot get decisions from the bank. I am not asking that question, I am simply saying that is what I am being told by the representative bodies. My concern about the Department and how it operates is that sense of urgency that I spoke about earlier. The general public is simply appalled by some of what is going on and about the information, the lack of information and the misinformation that is even being given to Parliament or that was, perhaps, given in 2008. I do not think the businesses that are about to be analysed in terms of what they are doing with the banks can hold on for another two months because they are holding on by their finger tips or out of pride.

Why is there not a greater degree of urgency about some of what is going on in terms of the Department's interaction with the banks because the banks, quite frankly, are not telling the full story or the full truth? As a result the economy is suffering. Deputy Deasy touched on this earlier when he questioned Mr. McCarthy about the two economies that exist, the export economy which appears to be doing well and the domestic economy which is gone beyond being flat - it is completely levelled by the fact that the same banks that brought us to this are now bringing us to an even worse position arising from a denial and a lack of engagement and decision within the bank. The Department is now starting to engage with them on that.

Mr. John Moran

May I please clarify one important misunderstanding? When I mentioned earlier that we were engaging with consultants, it was actually to have a survey conducted because I, frankly, do not understand the situation. The Deputy may be aware I used to work in a bank and I also had a small business so I understand both sides of the equation. What I have asked to be conducted is a renewal of the demand survey which should not take place by asking the banks what is going on. It is to ask IBEC, ISME etc. to conduct a broad range survey of people who are looking for credit and show me a true picture of what is happening on the ground. I promise I did not set this up. The reason I need to leave here is that I am going to a meeting with the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, and the Credit Review Office. I did not want to cancel it because I treat this as a very urgent issue. We have split our division in two to ensure there is a team of people dedicated to dealing with nothing but the issue of getting credit flowing in the economy again. I can assure the Chairman that urgency is not what is missing. What is actually missing is accurate information for me to be able to help advise on the policy decisions that are to take place and to deal with the issue of bridging what I have solved, I think, in the restructuring plans which were very radically different from what went before in making sure there is available capital in the banks and credit for the banks and moving on to actually having lending. It actually raises the question, which is also, sadly, embedded in this issue and that perhaps the system will not find easy to grapple with, namely the reality of banking systems that do work. It is certainly the case that the Irish banking system does not work; as with insurance industries, banking sectors and, frankly, all businesses that sell to their clients, there is a need to reward people for providing good results in what they do. I have inherited a situation that I have to try to sort out that has a complete stall at the moment for perfectly understandable political reasons, on promotions in banks, and on any form of compensation that is related to results. It is a very difficult balancing act for the management of banks to be able to manage a situation in which they have to motivate people and, at the same time, find a way to achieve what the committee would like to see happening, which is new lending and new business in a situation in which there is a considerable amount of uncertainty. There is a problem here that certainly needs to be solved urgently. There is a deficiency of information in the system. There is a deficiency on the demand side and there is a deficiency of information about what is happening at the banks.

Is that deficiency of information on your side, within the Department, because the banks will not give it? Mr. Cardiff's experience seems to have been that they are almost reluctant to give the full picture in terms of parliamentary questions. Are they also reluctant to give you the full picture, or are they trying to cloud or mask the figures? Is it not a fact that within this there is a huge property portfolio - mortgages, commercial property and others - that is substantial and has yet to be uncovered or told to us by the banks?

Mr. John Moran

I am not sure I follow. There is a deficiency of information. However, we have had a system in place for a couple of years now called the Credit Review Office-----

I know it.

Mr. John Moran

-----which is intended to provide third party arbitration on why banks do not get loans granted. Are the conditions too severe or is it that the business proposition is not acceptable? I am still unsure - and frankly surprised, as I am sure lots of people in this room are - about the very low frequency of appeals made by industries to the Credit Review Office. We had Forfás in my office and we asked Enterprise Ireland to help us understand that, and they said that one obstacle that might exist was that the limit was only €250,000. Within a matter of four weeks we changed the rules to raise the limit to €500,000, because we were being told that a lot of businesses were looking for between €250,000 and €500,000 and were therefore debarred from using the procedure. The urgency is there. We pushed through a statutory instrument to achieve that within a matter of weeks of becoming aware of the issue. I hope I will now get a greater sense of what is going on, because it will also give me more information about the reasons people in that other sector are not receiving loans.

However, it is not only a question of looking at the banks. I believe the Financial Regulator is involved in conducting a review of the banks' operations, and I believe the bank numbers in terms of sanctioning loans are appropriate. However, with 30 people, it is impossible to dig into banks and ask for loan sanctioning and understand what exactly all the conditions are. We have a Credit Review Office which is intended to provide a completely independent third-party review of those conditions, especially if they lead to a refusal of credit, and they are not seeing people coming to their door looking for credit reviews. We have considered, in our credit suggestions, the idea of reducing the fees, at least on a temporary basis, although, frankly, people do not see that as an obstacle. We have considered ways of giving free advice to people on how to present credit applications in ways that match up with the banks' demands. All of this must be worked through in terms of the process.

I have many other questions to ask Mr. Moran but I do not want to delay him, as he is going to a meeting.

Mr. John Moran

As the Secretary General said, we are happy to be available any time.

That is fine; we can come back to it again.

Mr. John Moran

We understand it is a very important issue.

It is a very important issue and the banks are not coming clean on it. There are many reasons, which I could explain to the witnesses, the Credit Review Office is not being used.

The Credit Review Office is perceived to be toothless because it is a case of comply or explain.

There is also the question of what happens within the bank. The credit actually is being offered but there are conditions attached to some of the arrangements for ongoing business or cashflow, be it an overdraft or loans. The banks can say they are offering credit, but it is not satisfactory for businesses that are trying to get on in a difficult economy by doing the same thing the banks are doing, namely, deleveraging, rearranging and downsizing at a rapid pace to meet new economic circumstances. This may be something we can return to again. It is a huge issue and one about which the banks are not being truthful. I urge the witnesses to deal speedily with the questions that have been asked today and we will return to this another day.

I will allow Mr. Cardiff to continue. The question is, in terms of the information Mr. Moran is talking about, why this cannot be obtained through parliamentary questions and why we cannot access a very senior person within the bank and insist on the information being provided in an appropriately helpful way. It is beyond me.

I was asking Mr. Cardiff to provide to the committee the figures for the full drawdown to date, and he was adding and subtracting them.

Mr. Kevin Cardiff

I was hoping my colleagues would have a table and indeed they do. The amount disbursed to us so far is €22.36 billion.

Mr. Kevin Cardiff

The interest rate-----

Interest payments on that.

Mr. Kevin Cardiff

I do not think we have hit interest payments yet, for the most part. The interest rate is 5.58%.

Can I ask Mr. Cardiff-----

Mr. Kevin Cardiff

I should say that for some of those, the interest rate will depend on the maturity. We are aiming at an average of about 7% and we are below average now. Adjusted for that it would be higher.

We are funded to the middle of the year; that is what the Government told us.

Mr. Kevin Cardiff

No. Let us be clear. Based on reasonable assumptions about what happens to small savings and the like, we are funded not to the middle of 2012 but until the end of 2013. However, that assumes that we draw down from the programme. It is not just Irish cash but also programme cash.

Okay. I was just querying the timing of the drawdowns.

Mr. Kevin Cardiff

No doubt there are other things we can do to extend that. One of the points of IMF programmes, EU programmes and the like is to give countries time to restructure their economies, restructure their fiscal approach and get back to the market. The reason the programmes are set at around three years is that, based on their experience, that is about the right period of time. People say we cannot return to the market in 2012 or in 2011, but the important thing is that programmes are about giving time for adjustment, and we have that time. There is nothing magical about the end of 2011, the middle of 2012 or the middle of 2013. I say it myself to bankers who come in, as they do regularly enough, 2012 is not the issue, as we are funded until 2013. They say then that in 2014 there will be a big maturity. If one says we will find a way to get around it by doing this or that, they reply that then we would be in the middle of 2014.

I appreciate that. Mr. Cardiff mentioned fiscal adjustments. The stark contrast between the buoyancy of exports and the crash of the domestic economy has been well articulated today. Does Mr. Cardiff see a relationship between the crash in the domestic economy and domestic demand, on the one hand, and the fiscal adjustments or cutbacks on the other?

Mr. Kevin Cardiff

There clearly is one. If one has the scope to borrow €10 billion and plans to borrow that amount in a year but then decides not to borrow any money, the relationship in that context depends entirely on the composition of the spend. One could easily have a reduction in income that would be down 14%, 35%, 40% or 50% depending on the composition of the spend. There is a clear relationship between the two factors but it must be remembered that there is an assumption of ability to borrow in that context. Mr. John McCarthy has just advised me that a 1% fiscal cut broadly reduces growth by a 0.5% in the order I mentioned depending on the composition of the spend. Therefore, there is a definite relationship between the two but one does not have that choice if one has a debt that is growing and a deficit that is continuing to get larger. One is not left with a choice.

That would be a policy discussion and we should not stray into that.

Mr. Kevin Cardiff

In the long run that one is speculative.

We have been told that the next budget adjustment will be €4 billion. The comprehensive spending review is under way. The adjustment will probably comprise approximately €2.6 billion in spending cuts and €1.4 billion in revenue raising. That is the sense I have of it and that prediction could be right or wrong.

Mr. Kevin Cardiff

I do not believe the Government has decided that yet but the comprehensive spending review will be telling in that respect.

Will the Secretary General be advising the Minister that to take resources of that magnitude out of the economy again would be likely to exacerbate the depressed domestic demand even further?

Mr. Kevin Cardiff

Without getting into a future policy discussion, in general terms, we would advise that this would have a negative buoyancy impact; that relative to borrowing that money and spending it in the year in question, this would have a negative effect.

The Secretary General would advise the Minister of that.

Mr. Kevin Cardiff

However, it is not as clear and simple as that. If a population knows that a Minister has a plan that cannot bring the country back on track over the longer period, then it will not spend any money and will have precautionary savings. One needs to be able to show something that is credible. In practical terms, it is not a question that one does not need to adjust the budget. There is a perfectly reasonable and valid discussion around how much that should be and how fast that should be done and that is hedged in by all sorts of risks on either side. Those are the kinds of discussions that we would have. I do not believe anybody, including anybody from the Deputy's party, has a view that there should not be an adjustment or, as Deputy Nolan said, that a certain amount of the pain does not need to be dealt with. People understand that.

I am getting at something slightly different, which relates to the rigour, analysis and independence of thought or challenge in the Department. I know that the Wright report indicated that often the civil servants gave the right information, analysis and advice but perhaps did not do so strongly or trenchantly enough. The Nyberg report was referred to earlier as was the concept of "group think". Mr. Nyberg identified correctly the catastrophic "group think" that led us to very bad places. Whether the Administration chooses to stay in a particular group is a political call for it, and that is a matter for itself, but for the public and Civil Service, it is important that all these matters are challenged. Whether there is a need for an adjustment, and whatever the scale of that might be, and whether the debt is sustainable or unsustainable, I and the general public need reassurance that we are served by civil servants who guard that independence and the rigour of that analysis very carefully and that civil servants are not shy about offering it to Government.

In that spirit, I wish to ask the Secretary General about the National Pensions Reserve Fund, NPRF. Ostensibly, that fund was for pension provision from 2025 to 2050. The fund is not being used now for its originally stated purpose. What is the view of the Department on the advice given to the Minister in respect of using that sovereign wealth fund for the purposes of propping up the banks?

Mr. Kevin Cardiff

Without getting into the specifics about the NPRF and specific advice given, the country has a set of assets. It has a balance sheet and it has a problem. The question is what is the most efficient way to address the balance sheet to the problem in terms of the overall public good. In giving advice to the Government, we would not be trying to pretend that there are particular sacred cows or the opposite, that one can do all this without real impacts on both-----

Is it the Department's view that this was an appropriate use of that fund? The commission for the fund is tasked with achieving the best return for the State and so on. I know that the Minister intervened in terms of the release of funds. I get the politics of it but, specifically, in terms of that analysis, rigour and advice, was that challenged in the Department at any level? Was it queried?

Mr. Kevin Cardiff

Was there specific advice given to the Minister not to do this? No.

There was no advice given to the Minister.

Mr. Kevin Cardiff

There was advice given but in terms of specific advice-----

It was not in respect of that.

Mr. Kevin Cardiff

-----telling him that he could not do this - the Deputy is again straying into this area. I am not supposed to talk about the problems or merits of the Minister's policy in this forum. That is the law. There was a reality that had to be addressed. The reality was that the country has a rainy day fund and it had a rainy day. The question here was is this the right type of rain for this fund.

I am well versed on the realities. The State had a wealth fund and a pensions reserve fund and a decision was taken to use it in a particular way. I am asking the Secretary General as the Accounting Officer and a senior civil servant, to simply tell me whether he and his colleagues, as civil servants, critiqued that decision or gave an alternative view. He has answered my question and the answer is clearly "No". I thank him for that.

My final question is in regard to NAMA and I hope this can be dealt with briefly. What kind of losses or paper loss is NAMA currently nursing?

Mr. Kevin Cardiff

Off the top of my head, I think it is €1.5 billion.

Some €1.5 billion. As we all know the issue of upward only rent reviews has been discussed at some length. Will the Secretary General comment on the consequences for NAMA of ending that practice in terms of commercial properties and, more critically, the consequences, from our point of view, in respect of the State's liability and the taxpayer picking up the tab? I know that the Department has a report that sets out that such a change to upward only reviews would have a negative consequence for NAMA and for the State's liability.

The capital requirements of banks could also be included in the reply to that question because the assets that are not in NAMA would also be affected and they would affect the State's liability but the banks-----

Mr. Kevin Cardiff

I know the Government is considering upward only reviews at present. In broad terms, it is clear enough that if a particular proposition is such as to reduce the value of property across the economy, including either the banks' or NAMA's property or those of foreign owned banks that are still operating in the country. By definition, the bank losses are likely to be higher or the losses on those loans are likely to be higher. To the extent that it is not built into valuations already, there could be a further capital loss in NAMA or a capital need in institutions. That is not expected.

In that sense we could see that policy choice as having a particular risk and against that the Government must judge the risk of letting individual businesses etc. suffer rents they potentially cannot keep up with. There is a danger to the economy of letting those businesses fold; it is a difficult enough quandary. Layered on top of this is a constitutional issue as these are private contracts freely entered into and there is the question of the constitutionality of the Government getting involved, as well as proportionality. This complex mix is being tackled.

I thank Mr. Cardiff and his officials for coming before the committee. I will begin with the bank stabilisation measures. On 28 September 2008 there was a very extensive bank guarantee system put in place and by 15 January 2009, the decision was announced to nationalise Anglo Irish Bank; that legislation was passed on 21 January 2009. Prior to the announcement of that decision at the beginning of that new year - perhaps in the approach to Christmas and before - the decision of whether to nationalise Anglo Irish Bank was under consideration. People felt it could no longer continue to operate as a going concern while continuing normal banking activities. Effectively, it was insolvent and needed the State to take it over and keep the bank open.

At what stage after the implementation of the guarantee did the Department of Finance believe Anglo Irish Bank should be nationalised? I will come back to the decisions of September that year. In the months between October and December, the Department went from supporting the view of a guarantee to an opinion that the bank had to be nationalised. What happened after the implementation of the guarantee? What happened to lead to the subsequent change in position after 30 September 2008? What big event led to the fundamental change in approach to Anglo Irish Bank?

Mr. Kevin Cardiff

There was a set of developments. The trigger for that political choice was that, in addition to a capital need in Anglo Irish Bank that was becoming evident, there was a set of governance issues. The Deputy might recall that there was a change of senior management and chairman at the very end of 2008. I believe that was mid December. The potential for capitalising the bank, which was agreed in mid December, led to a process of both formal and informal due diligence. Other issues came from this process and the Minister and Government of the time took the view that this was not a governance structure that could be stood over. In other words, even if the State capitalised this institution, it would still have a set of governance problems that had to be addressed. The decision was made in early January.

Did those governance issues relating to the bank's operation commence after 30 September 2008? On what date was the change in governance after the guarantee which allowed people to come to the opinion?

Mr. Kevin Cardiff

I imagine the governance issues were becoming evident in December and into January. The loans to directors, and particularly the loans to Mr. FitzPatrick, became evident earlier than the end of 2008. That was mid December.

The issues came to light in December. Those loans had been given to Mr. FitzPatrick over a number of years, or at least a period in advance of the end of 2008. It is clear from Mr. Cardiff's comments that on the night of 30 September, there were major governance issues and once the Government became aware of them, it decided the State could not stand over the bank and it was decided to nationalise the institution and change the structure. Essentially, on the night of 30 September, the information which subsequently came to light was not available to the Government or the Department of Finance.

In effect, is it reasonable to postulate that the guarantee was given that night on the basis of insufficient information on the reality within Anglo Irish Bank? I am just referring to that bank for the moment. Mr. Cardiff has clearly indicated that if the Department knew about those issues in December they would not have been tolerated and the bank would be nationalised. I am coming to the view that if those issues had been apparent to the Department before 30 September, the Department and Government would have made the same decision for the same sound reasons as came about after the guarantee. In hindsight, was the guarantee extended to a bank that should not have received it?

I accept the occurrences of the night and we will come to the matter of information. I accept in good faith the actions of the people who made that decision. The information was out there in the banks but it never came to the attention of people who were making the decision. A choice was made in good faith with available information on that night. It is quite clear from Mr. Cardiff's comments regarding ongoing governance issues - a fact that was not made clear on the night - that the decision was made without all the relevant information.

Mr. Kevin Cardiff

There were a number of governance issues that became evident in the due diligence process and around that time. The Deputy referred to one, which would certainly have led one to become concerned about governance. It may well have made a difference on the night.

Due diligence highlighted issues that were a problem before 30 September, although they were uncovered subsequent to that date. We can agree on that. The problems were deeply embedded prior to 30 September and the clear view, when there was full information on the institutions, was that they should not have been nationalised. If people had that information on the night of 30 September, they may not have made the decision which was come to on that night. I cannot say what decision would have been made but it is hard to believe that particular decision could have been made.

It is clear from information gained after 30 September 2008 that there were major governance issues with which the Government was not happy. The decision was made to close the bank. I am going back to the essence of the chapter in the report which deals with liquidity measures. It is indicated that the main State mechanism for the provision of liquidity support to banks has been schemes guaranteeing certain classes of banking liabilities.

It is clear that the issue with Anglo Irish Bank that night was not a liquidity matter at all, although it was presented as such. I accept that people believed it to be the issue on the night, although it is clear those embedded problems existed. It was really a solvency and governance issue on that night. Mr. Buckley may comment on this. We always talk about the quality of information coming from the public service to advise the Government. It is a running theme. Decisions are often made without proper and full information being available. The Comptroller and Auditor General has said the guarantee was a liquidity support measure. In light of what we know now - I refer to things that were the case on the night but were not known to the people - did the introduction of a liquidity support measure constitute proper use of State funds? We now know it was not actually required on the night. We did not know that at the time. It may have been a governance and solvency issue. We came up with a prescription on the night. It seems that we would not have come up with such a solution if we had examined the patient further. The patient was misdiagnosed on the night and not fully diagnosed until later. Does Mr. Cardiff understand the point I am making?

Mr. Kevin Cardiff

I do not disagree with the Deputy. Another possibility is that the patient might have been given the same medicine at an earlier stage. I do not know. We can make assumptions in retrospect. The additional information referred to by the Deputy would have coloured the decision. He would probably have to ask someone else whether it would have made a difference.

I will put it another way. In retrospect - I am not talking about what was known on the night and I am not trying to pin the blame on anyone - Anglo Irish Bank was not solvent on the night in question. I understand what was in front of people when the decision was made on the night and in subsequent days. If the Department is satisfied that the bank was fully solvent on that night, what happened within weeks of the guarantee to make it insolvent? These governance issues did not arise after 30 September 2008. If we accept in retrospect that the bank was insolvent on the night in question to the tune of €30 billion, what would have happened on that night if the Department or the Government had been presented with information to that effect? If other companies had contacted the Government to say they were insolvent to the tune of €10 million, €50 million or €100 million, they would not have been bailed out by the State. If the organisation was truly insolvent, its debts would not have been guaranteed. In retrospect, was Anglo Irish Bank solvent on that night? If the Department believes it was, at what point afterwards did it become insolvent and require nationalisation?

Mr. Kevin Cardiff

One could get into some strange definitional issues in this context. In retrospect, it was on a negative trend. It was certainly an insolvency that became very difficult. It was clearly an institution at some risk. Under the technical definition of solvency, it almost does not matter when one picks the moment. If one looks back at the indices, which are not necessarily always accurate, to ascertain when property prices moved and the like, one will see that the slowdown in activity was evident earlier. The actual commercial property peak on the indices and so on appears to have happened in mid-2008. An analysis that was done three or four months later might not have found that a bank was insolvent. However, six months of additional property value falls might have showed that it was or was about to become insolvent. That would certainly have been the case a year or two years on. One can pick one's moment.

The difficulty is that solvency is generally viewed as a momentary thing. We did not have a clear foresight of what the values right now, based on current values, would be. Immediately after the night in question, or shortly before, an analysis of the loan book by PricewaterhouseCoopers was followed by an analysis by Jones Lang Lasalle. That would have been towards the end of 2009. It found a requirement for more capital, but it did not find the scale of hole in Anglo Irish Bank that became evident later. That was because of where people assumed property values to be at that moment. Even allowing for a certain amount of further drift, that hole was not immediately evident. Things got worse, the economy got worse, property values got worse and things deteriorated further.

Mr. Cardiff said that a due diligence report was carried out. Did that inform the Government's decision to nationalise the bank?

Mr. Kevin Cardiff

The due diligence report and other things that were surfacing around the same time-----

Who carried out that due diligence report?

Mr. Kevin Cardiff

Merrill Lynch and Arthur Cox did the two different parts of it.

Did their opinions differ from that of PricewaterhouseCoopers at the same time?

Mr. Kevin Cardiff

No, they were not different. My recollection is that Merrill Lynch did a sort of financial due diligence exercise. At this stage, some of the details are evading me. My recollection is that Arthur Cox did the legal due diligence report and Merrill Lynch did the financial one. At the same time, we were having meetings with the regulator and so on about issues other than those that emerged from the due diligence exercise. Some of our actions arose from those meetings. One of my officials has confirmed that the reports were compiled by Merrill Lynch and Arthur Cox. Mr. FitzPatrick's loan issues surfaced at the same time but from a separate exercise, not the due diligence exercise.

When the scale of those loans is compared with the overall scale of the bank, it is clear that they were not fundamental. Their existence was not, in its own right, a reason to nationalise the bank. Even if it was bad governance, when the problem was removed-----

Mr. Kevin Cardiff

It was a question of whether one, as an owner, could deal with that management.

Okay. I will move forward quite a bit to the most recent reports that were carried out. The stress tests on some of the banks that were carried out by Black Rock Consulting referred to the cash injections that would be required by the banks under the various EU-IMF financial assistance schemes. That assessment of the mortgage books on a bank-by-bank basis was more severe than previous assessments. Does Mr. Cardiff have figures for how much was provided for in respect of each of the banks, by mortgage or by number of customers? Is that information readily available?

Mr. Kevin Cardiff

I do not have it here. It was done-----

Mr. Cardiff can give me the ballpark figure, globally.

Mr. Kevin Cardiff

I do not have it. It was done for the Central Bank. It was all published. I will get the Deputy a note that sets it all out by category.

Essentially, that shortfall is being funded under the agreement. I will ask Mr. Cardiff a basic question that he should be able to answer without having the benefit of the exact figure. I think the provision that had to be made against the banks' mortgage books runs into a couple of billion euro. Given that the Irish taxpayer is now funding the financial institutions to cover the losses they expect to incur on these distressed mortgages, as highlighted in the Black Rock Consulting report, what is preventing the banks from passing on the value they are receiving from the taxpayer to their distressed customers? As I understand it, the argument being made is that the major financial institutions will incur major losses on their household mortgages. We know it will run into billions of euro. We are borrowing money to shore up their balance sheets because we expect they will have such a write-down. What process is in place to pass on the write-down identified in the Black Rock Consulting report to individual customers? Where are the banks in that regard? What is the Department's banking division saying about that? Are they accepting the money on the basis that there could be a write-down, but if they get the money they will not actually do the write-down and instead continue to pursue distressed customers?

Mr. Kevin Cardiff

First of all, what they get is an allocation of money that is based on a set of assumptions about how bad things could be. They are getting taxpayers' money - the Deputy's money and mine. Working from first principles, they ought to be expected to protect that. It is not being given to them because we want to take losses on it. It is being given to them because it is required to put them in a position where they can continue to do business properly. The first question we need to consider is whether the taxpayer wants to pay for distressed mortgages.

We are. We are putting in the funds.

Mr. Kevin Cardiff

We are putting in the funds, but no one has told me that we have decided they should be used as direct subsidies for people who cannot meet their mortgages. There are two separate issues. The banks now will have the capital to assume a certain amount of loss over time on their mortgage books while remaining capitally robust institutions. We want them to deleverage their books. We want them to sell UK and other assets to reduce their overall size and make their funding balances better. However, that capital has not been given against individual mortgages. It has not been specified that a specific person is in trouble and that needs to be addressed. There must be a mechanism to support people in this type of distress. There has been a series of such measures, including changes in codes and rules and so forth, to help people in distress. As the problem has persisted following those measures, we are re-examining it to determine whether more can be done. Last year there was a group on distressed mortgages - I forget its exact title of it - and there will be another round of it during the coming months to determine whether further policy adjustment will be required.

Built into the process is an expectation of loan losses on mortgages. The banks could take a loss on some mortgages and remain capitally robust. Since every penny the banks give away, albeit to people who really need it, is the taxpayer's, the banks ought to be careful about how they do it.

Moving away from the question of banks to that of the national debt and the international finance package, the interest payment on the national debt in 2009 was €2.64 billion, according to the documentation. What was the figure for 2010 and what is the expected figure for 2011? At the end of 2011, what is the level of the national debt expected to be in money terms, not as a percentage of some other unquantified figure? We always get the latter type of figure.

Mr. Kevin Cardiff

I will find that for the Deputy now.

Deputy McDonald asked about the EU-IMF assistance programme. What has been drawn down to date and how much is yet to be drawn down?

Mr. Kevin Cardiff

Some €22.5 billion has been drawn down to date.

Am I correct in saying that the interest rates on the amounts drawn down to date are fixed because they were negotiated at the time the funds were drawn down and cannot change?

Mr. Kevin Cardiff

No, that is not quite right. The system was fixed, but the interest rate depends on the drawdown date. For example, the Deputy might take out a mortgage at 1.5% over the ECB rate and Deputy O'Donnell might take out a mortgage two months later at 1.5% over the ECB rate, but that rate may have moved in the meantime. Our situation is similar, in that we pay a margin over the rate at which funds are provided, but that rate can shift.

In terms of the possibility of getting an interest rate cut on the programme, my understanding is that the amounts drawn down to date were drawn down at the effective interest rate at the time until maturity. I refer to the €22.5 billion drawn down to date. That is fixed.

Mr. Kevin Cardiff

When we drew down money from the IMF, which was in a variable form, and from the EU, the rate was fixed.

Mr. Kevin Cardiff

It is fixed as of the date, but the next tranche could come in at a different interest rate.

I will reach that point. The interest rate on the €22.5 billion drawn down to date is fixed.

Mr. Kevin Cardiff

Yes.

A 1% reduction in the interest rate could only apply to future draw downs.

Mr. Kevin Cardiff

Discussions are ongoing and we should not pre-empt them. I would not-----

Any reduction will not be retrospective in respect of existing draw downs.

I believed this issue was black and white. It was stated several times in the Dáil that the interest rate on the moneys drawn down to date was fixed and that any reduction-----

Mr. Kevin Cardiff

The interest rate on draw downs to date is fixed because there is a fixed margin and a group of people lent to us at that rate. If the same group told us it would accept less, the rate could change.

The margin is fixed.

Mr. Kevin Cardiff

The margin was fixed. Three different elements can be fixed. While the IMF will provide money at a variable rate, prudently we will get money from it at a variable rate and conduct the financial transactions in such a way as to get the effect of a fixed basis. There will be a fixed liability on the amount that went in.

The IMF's process is based on long-established rules and is quite invariable. The EU moneys are based on new rules and discussions on its margins are ongoing. Were we having this conversation in private, we could discuss it further, but it would be wrong for a person sitting here to say something could not be changed while others were negotiating that very element.

I wish to read out a reply I received from the Minister for Finance, one I am sure crossed the Secretary General's desk yesterday evening. I asked the Minister whether "in view of the recent ECB interest rate increase, the implications and costs of this for Ireland in respect of the interest rate charged on our financial assistance package." The reply stated: "In the case of the EFSF and EFSM, the interest rates charged to Ireland on existing borrowings are fixed and, therefore, not directly influenced by ECB interest rate changes so that any influence is indirect." I will address future borrowings momentarily.

Mr. Kevin Cardiff

The Deputy had me worried for a minute that we had stated something wrong. The reply is correct. When the ECB rate changes, it will not change the rate on what has already been drawn down.

That is what I am trying to establish. We can park the €22.5 billion drawn down to date.

When I submitted a parliamentary question on 3 May, the Minister provided me with the effective interest rate on what had been drawn down on 12 January.

Mr. Kevin Cardiff

From now on, we will need to get the Deputy to ask the whole of the question at the same time.

I have no difficulty with giving the Secretary General the full picture. The European Financial Stabilisation Mechanism, EFSM, rates on the amounts drawn down on 12 January and 24 March were 5.51% and 6.206%, respectively. The European Financial Stability Facility, EFSF, rate on the amount drawn down on 1 February was 5.9%. That the maturity dates are different is probably part of the reason for the difference in rates. By 24 March, €17.801 billion had been drawn down and the Secretary General has stated that a further €5 billion has since been drawn down. What is the interest rate on the latter amount? Is it the same effective interest rate as the one applying to January's draw down or has it moved due to the ECB's rate? If the ECB's interest rate increases, will the interest rate on Ireland's borrowings increase?

The final line of the Minister's reply to my parliamentary question today is: "With respect to their future lending to Ireland, it is not possible to say to what extent ECB interest rate changes will have a bearing." This might seem simple, but it is horrific that the Department of Finance finds it impossible. While the Department cannot give an exact figure, what will be the monetary cost to Ireland if the rate increases by 0.5% or 0.75%? Not for one moment would I suspect that the Department was involved in negotiating the deal and did not perform a stress test on the possibility of rates increasing during the loan's life. If Joe and Josephine Soap applied for a mortgage and were not stress tested in terms of changing interest rates over the lifetime of their loan, we would view the bank as being negligent and the Soaps as being silly.

I cannot even contemplate that the Department does not have the figures on a computer to say how much an increase of 0.25% will cost. The Department must have stress tested the cost of this to Ireland. That would be expected from anyone taking out a mortgage. What was paid on the recent €5 billion drawn down and what was the effect of each 0.25% increase on ECB rates on what has been drawn down? The Department must have those figures and should give them to us.

Mr. Kevin Cardiff

I cannot give the figures because it is not that simple. We are borrowing long-term money and the ECB changes impact mostly on short-term money. We borrow some of the money short-term but it is swapped into long-term money. The IMF money is impacted by the ECB interest rate but the ECB interest rate is only a small component of the overall IMF mix, which is a composite. For the composite, it is only a small part and we swap into fixed anyway.

The fixed rates are not behaving how people would have expected. At the moment, the normal expectation is that long-term interest rates, with the risk being held for longer, would be slightly higher than short-term; there would be a gentle slope. Currently for Ireland it goes up to 20% and then down over time. For Germany it is more normal but still not quite normal. When the ECB puts up rates by 0.5% or even 1%, we would not expect a huge impact on the ten rate or the seven year rate, we would expect people to assume the bond they are holding at a fixed rate is worth less for the first few months but, by definition, the ECB raise in interest rates will reduce inflation over time so that should make their bond worth more in the longer term.

There are calculations but frankly, they are meaningless and in the end it comes down to what the markets say and the markets will usually say, when ECB rates go up slightly, they assume the long-term rates go up a bit but by a lot less. The long-term rates we are borrowing at are more sensitive to market shifts on long-term rates than they are to ECB shifts. The ECB aspect has been reasonably well expected so the long-term rates would have already taken account of at least some part of the ECB interest rate increase. By all means, we can give the sensitivity of the overall debt to shifts in the long-term rates. We could model it but it would be meaningless. We cannot give a figure for the shift in the long-term rates relative to what the ECB does on the short-term rate. It does not work out easily.

I would like some figures about the projections for interest rates this year. What are the expected figures for the national debt at the end of the year?

Mr. Kevin Cardiff

At the end of 2011 it will be €148 billion.

Is there an estimate for the end of 2011?

Mr. Kevin Cardiff

We know what we are estimating for GDP and we know we are saying there is the percentage.

I do not want a percentage, I want the figure. What are the interest payments for 2010 and 2011?

Mr. Kevin Cardiff

The estimate for 2010 is €4.837 billion and for 2011 €5.031 billion. That is the budget forecast, the SPU forecast is a bit higher, at €.5.580 billion.

What is the current estimate?

Mr. Kevin Cardiff

The SPU is the most recent estimate, at €5.580 billion

To clarify, if there is an interest rate reduction as part of the negotiations, could it be retrospective in respect of the €22 billion that has been drawn down?

Mr. Kevin Cardiff

It would be foolish not to ask for that in negotiations.

A number of points have been made about the guarantee. How was lower tier 2 subordinated debt included as part of the guarantee in September 2008? It has never been explained. Many of the banks transferred subordinated debt that was unguaranteed into lower tier 2 during this period so how was it included? Did the Department advise the Minister and the Taoiseach that the guarantee that was put in place that night was the correct way to proceed?

There was a change in advisors. Who made the decision to appoint the original advisors? A declaration that there were conflicts of interest would have been signed. How did the conflict of interest arise? Was it declared voluntarily and were these people paid for the work they had already done?

Mr. Kevin Cardiff

No, they had not been paid. How did it arise? They volunteered the information but they would have had to sign a contract shortly after that.

How must time was lost as a result?

Mr. Kevin Cardiff

A few days.

So they were in situ for a couple of days before this arose?

Mr. Kevin Cardiff

It was a time when a few days mattered but it was certainly less than a week.

How long had they been appointed prior to that date?

Mr. Kevin Cardiff

Less than a week.

The lower tier 2 subordinated debt has always intrigued me. How did it find its way into the guarantee at the time? It was the only element of subordinated debt that was included under the guarantee and there has been a lot of discussion of that. I assume the Department had an input into the advice that was given in terms of banking. What advice did the Department give to the Minister and the Taoiseach when the bank guarantee scheme was put in place? I find it difficult to understand that it was purely on governance of Anglo Irish Bank. I would have thought the main reason Anglo Irish Bank was nationalised was because it was insolvent. Governance issues can be overcome, the Government was providing the guarantee and appointing public interest directors.

Mr. Kevin Cardiff

Perhaps that is what made the difference on the decision one way or the other. The Nyberg report has a detailed summation of this. The Ministers who were in place to do the job got a lot of different options. They had a sense of those options and a sense of the risks. Within those options, there were limits, areas that could be included or excluded. If we look around the guarantee option, all debt could be included, including dated but not undated subordinated debt.

Dated subordinated debt was included.

Mr. Kevin Cardiff

Yes. As part of the previous discussions, dated was regarded as part of the usual debt mix, whereas undated was regarded as being more squarely within capital. That had been a judgment call. I cannot recall there being any magic about where one actually drew the line, except that no one that I knew of wanted to go to the undated.

In terms of the broader question of whether we advised the guarantee, I am a bit stuck on the usual basis. The Nyberg report has been through all this with Department of Finance officials and it is presumed everyone who was there has been interviewed for that purpose, so they have a nice little summation of all that happened. They do not suggest, let us say, that there was one single piece of advice from everyone.

The banking stabilisation measures, on page 59, refer to the total value of guaranteed liabilities. It goes from the end of quarter four in 2008 to the end of the second quarter in 2010. Do we have a more recent update on the liabilities?

Mr. Kevin Cardiff

We do. Incidentally, it is about €1.73 billion for the end of 2011.

It is €1.73 billion to the end of the year.

Mr. Kevin Cardiff

The guarantee figure for the future is about €111 billion at present.

When does the guarantee run out?

Mr. Kevin Cardiff

Theoretically it is at the end of the year, but there is always the prospect of speaking to our DG friends and adjusting that.

I want to move on to another section of this report, but I am conscious that the officials and others have been here for quite a while. Would it be acceptable for me to continue?

What does the Deputy think himself?

I would like to ask a couple of questions, if I could, and I will be as brief as possible.

The Deputy may ask some more questions. We are anxious to finish off, however, because we have been here for a long time.

I do not want to cut the Deputy short, but we have a commitment that we will get further briefings directly from the Department. If the Deputy wants to ask a couple of questions before we wind up, he may do so.

I will leave it.

Feel free to ask.

Thank you, Chairman. I have a couple of questions about page 62 which refers to the purchase of impaired bank assets in NAMA. Paragraph 6.45 states that based on the Minister's direction, NAMA is purchasing eligible bank assets from participating banks at their long-term economic value. When it says it is based on the Minister's direction, does the Minister get a day-to-day appraisal of what is happening? Is that directed at a strategic level?

Mr. Kevin Cardiff

That is a strategic direction. Some of the people here will have dealt with the legislation when it was going through the Oireachtas. It is independent in structure and is set up to be like that.

Is the Minister not getting any daily appraisal?

Mr. Kevin Cardiff

Certainly not daily. The Minister is obviously entitled to be updated and he gets updates from the chairman and others, but it is not a daily participation in the business.

It says here that the transfer prices are notified, on an ongoing basis, to the Commission when they happen. Who else gets that information?

Mr. Kevin Cardiff

The banks themselves and we ourselves would obviously get the aggregate, but the commission - that is the DG competition part of the European Commission - is monitoring compliance with its rules. Therefore it gets a detailed breakdown.

For compliance purposes?

Mr. Kevin Cardiff

Yes.

Have they ever come back to us citing a problem, or a perceived difficulty, with a compliance issue?

Mr. Kevin Cardiff

No.

Paragraph 6.46 refers to the aggregate book value, including accrued interests of around €81 billion. When Mr. Cardiff says book value, what exactly is he talking about?

Mr. Kevin Cardiff

More or less the value on the books of the banks of those loans. The value on NAMA's books is considerably less because it pays at a discount.

So the value on the banks is €81 billion, which has since been written down when it went to NAMA and is less.

Mr. Kevin Cardiff

Some of them would be separately provisioned, but this is the sort of non-provision book value.

This is my final question. We touched briefly upon conflict of interest issues earlier. Is Mr. Cardiff fully satisfied with the conflict of interest procedures in place in NAMA?

Mr. Kevin Cardiff

Representatives of NAMA turn up here and answer for the agency, so the Deputy should ask them.

Does Mr. Cardiff not have some oversight of NAMA?

Mr. Kevin Cardiff

We have a general oversight of them. The term "fully satisfied" is too broad a question. I am not even fully satisfied with the conflict of interest provisions anywhere, such as in our own place. There is always the danger that one will get some conflict of interest. Even worse, there is always the danger that one will get not an explicit conflict of interest, just that Joe knows Jane, they have done business before and therefore there is more comfort there. One can never be fully satisfied. I know the NAMA people have done a lot of work on structures and ensuring their structures are right to minimise any dangers. They are very careful about those things. They are accused of being bureaucratic and I am sure they are, but then we have reasons, like this very reason, that they ought to be careful. They have a fairly advanced set of rules about conflicts of interest.

I am on the NTMA advisory board and I know that even for that, where it is just an advisory board and not part of the normal structure, there are about 15 forms a year just to ensure I do not have any conflicts of interest. One can take it that in the same stable they have done quite a lot on that kind of structural work. In the end, however, the conflicts of interest that one really worries about are the ones that one never knows about. One tries to minimise any danger of that. One tries to have the right value system in the organisation to ensure one does not get any danger of that. Of course, people worry because NAMA had to, and did not have any choice but to, recruit in a particular pool of people. Many people in that pool have worked in Ireland for a long time. The property loan world is not huge so they know each other and therefore there is always the danger of an appearance and an accusation of cronyism or something like it. I know they try very hard to avoid that, but it can still get said. I suspect that people who have complaints about NAMA more often have complaints about not being able to use their cronies, that the agency is not flexible in regard to the old way of doing business, and that it wants to go through things in a bureaucratic and careful way. People in the agency do not adopt the attitude that they know someone well so it will be all right.

Before I call Mr. Buckley, I wish to refer to Vote 6 on performance and merit payments. Who makes the decision around those? Are they ongoing in the Department?

Mr. Kevin Cardiff

We do not have them any more in the Department of Finance. I assume the Chairman is talking about what was the assistant secretary bonus scheme, which has been shelved. We had - I presume we still do - a minor scheme that is connected with an old pay agreement for middle level grades. It is a decision made by management mostly, but it is not a bonus scheme in the traditional way. It is an allocation of money that was given to each Department to use as a sort of management tool many years ago. In some places it was given to provide more senior staff. In our place it was used as a quasi-motivational thing. There is very little in it moneywise, as far as I know, but we have not made any decisions on that this year.

Is the practice of hiring back in retired civil servants on pensions, four of whom are mentioned in the report, used a lot by Departments?

Mr. Kevin Cardiff

We do not like it. It is not ideal but sometimes it is done because we need someone in a hurry for something and we want some sense of security that something will be done well. It is not a practice that is widely used. Four would be about our limit and we are uncomfortable even with that, so the committee will not be seeing us increasing that.

That account includes expenditure of €537,371 in respect of ten officers who are serving outside the Department. What does that mean?

Mr. Kevin Cardiff

We pay for people to work, for example, in the European Union on what is called the detached national expert scheme. That figure sounds a lot for the number of people who were engaged in that work.

They were serving outside the Department for all of 2009 and salaries were paid from the main salaries subhead of the Department?

Mr. Kevin Cardiff

There would be people on secondment of one sort of another. In some cases we would get recouped. I have a list.

Does the money come back to the Department?

Mr. Kevin Cardiff

In some cases, no, and in others, yes. In the case of staff who go to the offices of the European Union, it is really an additional contribution of member state Governments to the European Union. The reason we do it is because it helps to develop the staff in a major way and also develop our relationship with the Union and it greatly improves our information flow. It is a potential reason for criticism of the Commission system, but it is a major processor of international information. People who know that system manage better when they are dealing with it. If staff who have worked in that system return to the Department, it pays real dividends for us. When they return, they are more valuable as a result of their time in Europe. We have created goodwill and other benefits from having staff in the offices of the EU and that also pays dividends. It would be better if the system was not like that, but it is their system and we are better using it rather than not using it.

Does Mr. Buckley wish to comment?

Mr. John Buckley

I have nothing to add other than to clarify one point. The figure of €81 billion mentioned by Deputy Eoghan Murphy has turned out subsequently to be €71 billion. NAMA paid €30 billion to buy that €71 billion book value.

Deputy Fleming questioned the state of knowledge people had of the situation. As auditors we must rely on the public record. The public record is indicated by the records of the domestic standing group. If one tracks through the records, one will see that the issues arising up to 30 September concerned liquidity and the availability of funding. Liquidity issues arise because one cannot get access to funds on the market for various reasons. The solvency issues started to kick in only when impaired loans and so on started to become an issue. As members know from the point of view of bank balance sheets, once one has an impairment on a loan, it affects the capital, and it then becomes a solvency issue. If one tracks through the domestic standing group minutes, which were discovered for us, I think one would come to that conclusion, more or less. If one followed and tracked the state of knowledge of the Department, informed by the Financial Regulator and the Central Bank, it was always, rightly or wrongly, based on there being a liquidity issue right up to 30 September.

I think one can only go on the record as it evolved. To look back and speculate would be wrong on my part. I cannot help members any further with that.

Does the committee agree to note Vote 6, Office of the Minister for Finance and 2009 finance accounts? Agreed. Is it agreed to dispose of the following chapters, Chapter 1 - central government financial outturn 2009; Chapter 5 - central government financial commitments under public private partnerships; Chapter 6 - banking stabilisation measures; and Chapter 7 - central government: European Union financial transactions 2009? Agreed.

If there are no further matters members wish to raise, can we agree the agenda for Thursday, 15 September 2011, regarding the 2009 annual report of the Comptroller and Auditor General and appropriation accounts, Vote 38 - Social and Family Affairs, chapter 31, expenditure on social welfare; chapter 32, regulatory and social welfare payments; chapter 33, welfare overpayment debts; chapter 34, non-contributory State pension; and chapter 35, one parent family payments?

Are these the 2009 or 2010 figures?

It is the 2009 accounts.

Will the 2010 figures be published at that stage?

We are waiting on the report.

Mr. John Buckley

In the case of the Department of Social Protection and Revenue, there will be a similar number of chapters in the 2010 report. It may well be that in the interim, during the recess, the Chairman may want to think about creating a thematic format, since there will be double the number of chapters to deal with and he may wish to split the discussion on a thematic basis. I think we can leave the matter open.

We intend to do that. At an earlier stage, prior to this meeting we agreed that we will ask the Department of Social Protection for an up-to-date note or briefing on social welfare one week before the meeting and that will inform members as to how they want to treat the accounts from 2009 up to the current time.

The witnesses withdrew.

The committee adjourned at 3.05 p.m. until 10 a.m. on Thursday, 15 September 2011.
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