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Dáil Éireann debate -
Tuesday, 7 May 1991

Vol. 407 No. 9

Ceisteanna—Questions. Oral Answers. - Powers of EC Court of Auditors.

John Bruton

Question:

8 Mr. J. Bruton asked the Taoiseach if, in the context of the current inter-governmental conference, he will outline his views on the proposal of the Government of the Netherlands that the Court of Auditors of the European Community should be empowered to take legal steps to secure information from member states, from local Government and from offending institutions.

Paragraph 3 of Article 206A of the Treaty of Rome already provides as follows:

The institutions of the Community and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task.

It is not clear what additional power would accrue to the Court of Auditors under the Netherlands proposal which, incidentally, does not refer to local government or offending institutions.

I am somewhat surprised at the Taoiseach's response because I have read the Netherlands proposal and my question is, to the best of my recollection, quoted from it. May I ask the Taoiseach if he is satisfied that there has not been any problem on the part of the European Court of Auditors in getting information, particularly from private institutions who may have been paid money by member states, which money ultimately originated with the Community? Would the Taoiseach agree it is important that the auditors be able to get information from all sources, including private bodies which might have been the ultimate beneficiaries of Community expenditure?

I think it would be axiomatic that they should have complete access, as I am sure they do, to all such relevant information. The relationship between the Court of Auditors and private companies or individuals is, of course, primarily a matter for them. The State's basic interest would be to ensure that we, in so far as we are a national competent authority, supply all the information necessary as quickly as possible. I have no reason to believe that that is not done.

Is the Taoiseach aware that at present our Comptroller and Auditor General does not have the power to obtain information from private bodies and that if, therefore, the Community is relying on the powers of our Comptroller and Auditor general it does not have the power, by extension, to get information from private bodies?

I am not aware that any difficulty has been adverted to by the Court of Auditors in that area.

Is the Taoiseach aware that the Committee of Public Accounts in their special report on the future role of the committee, and the Comptroller and Auditor General, recommended that the committee have the power to pursue taxpayers' funds, wheresoever the funds go, in other words, whether they go to the private sector or State recipients? In view of this and having regard to the question asked by Deputy Bruton, would the Taoiseach consider it desirable that the committee and the Comptroller and Auditor General have the power to compel people to give information and, if necessary, compel private individuals to appear before the committee to explain their actions and account for funds received?

That is a different question.

It is a separate matter.

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