I move: "That the Bill be now read a Second Time."
The main purpose of this Bill is to provide for the continued development of the Industrial Credit Corporation plc. It allows for an increase in the amount of borrowings which the corporation may undertake. The Bill also provides for a change in the name of the Industrial Credit Corporation to ICC Bank plc., for the supervision of the company by the Central Bank, for revised principal objects of the company, for the company to amend their memorandum and articles of association to accord with the changes in the Bill, and for some technical matters.
The ICC's current borrowing limit of £1,000 million, which is also the amount which may be guaranteed by the Minister, has almost been reached. This limit was introduced under the terms of the Industrial Credit (Amendment) Act, 1990. I should point out that borrowing includes deposits with the company, along with borrowing in the normal sense. Up to now, all such borrowing has been guaranteed by the State. The Bill provides for an increase in the borrowing limit to £1,300 million, but leaves the guarantee limit unchanged at £1,000 million.
The Bill marks a departure, therefore, in that the increased amount of £300 million in ICC's borrowing powers will not be guaranteed by the State. It reflects the policy which has been in operation for some years of reducing the Exchequer's exposure through guarantees to commercial State bodies in so far as that can be achieved. Steps will be taken by the ICC to ensure that the two types of borrowing will be clearly segregated and identified by lenders and depositors. I wish to make it clear that there is no change in relation to existing lenders and depositors with the ICC; their funds continue to be fully covered by the State guarantee already in place.
Before dealing with the detailed provisions of the Bill, I would like to give the House an indication of developments in relation to the corporation since 1990, when a Bill to increase the ICC's borrowing limits was last before this House.
The ICC have been developing along satisfactory lines. They have enjoyed a consistent run of profitability since their incorporation and have paid dividends to the Exchequer over many years. After tax, profits in 1991 were £5.86 million and dividend payments increased from £1.4 million to £1.8 million. Their assets amounted to over £1 billion at the year end. The ICC recently published their half year figures, which showed a steady performance in profits after tax of £3.27 million, and a continuation of their interim dividend, yielding over £700,000 to the Exchequer. The chairman stated at the release of these figures that he expected a satisfactory outcome for the year, in the absence of unforeseen circumstances.
The ICC recently withdrew from activities which were not providing an adequate return, such as hire purchase, leasing and fund management. They are now concentrating on their core activities, term lending and trade finance to small and medium size business, treasury, including foreign exchange, and venture capital. In addition, they will continue their involvement as an adviser in corporate finance activities. The ICC are adopting a prudent approach to the growth of their assets — rather than a push for growth, they are concentrating largely on working their existing assets to maximum effect. I am confident that the trend towards full commerciality of the ICC which has been ongoing for some time, will continue under the direction of the new chairman, whom I recently appointed. The provisions of this Bill will help the corporation to maintain their present, steady progress and enable them to meet the challenges of the post-1992 situation in the financial services area.
My predecessor announced in May 1990 that he was inviting firms to tender for a consultancy assignment on the future options available in relation to the ICC. Subsequently, the consultants reported that ICC would require additional capital in the years ahead which would not necessarily be available from the Exchequer and, without which, the future development of the company could be restricted. They found that there was no compelling strategic reasons for the continued retention of the shares in ICC in State ownership. They, therefore, recommended that the Minister should sell his entire shareholding in ICC. The Government accepted that the option of a sale of the State's shareholding in ICC should be explored further, and the consultants were employed — on a no sale no fee basis — to assess the prospects for a sale. However, no suitable purchaser of the State's shares in ICC has emerged so far. I am keeping the matter under review.
There have, of course, been some significant developments in the State banking sector since legislation relating to the ICC was last before this House. The Trustee Savings Banks have now amalgamated. Legislation extending,inter alia, the areas of business that ACC can engage in was passed earlier this year. It will be obvious that the main sections of this Bill follow closely the lines of the ACC Bank Act, 1992. It is important to recognise, however, that there is still a substantial difference between the ICC and the ACC Bank in that the former is a merchant bank concentrating on the business sector, with few retail outlets, whereas the ACC Bank is now largely a retail bank with a traditional concentration on the agricultural sector.
There have been suggestions that the State's banking activities should be amalgamated, and perhaps sold to the private sector. A simple merger of the ACC and the ICC has also been suggested. I am keeping the various options available to me under review. All I can say at this stage is that I am not ruling out any particular course of action, including a sale of ICC, should a suitable purchaser emerge.
I have already referred to the fact that the increase in the borrowing limit of £300 million provided for in this Bill will not be guaranteed by the State. Following the enactment of the Industrial Credit (Amendment) Act, 1990, my Department in conjunction with ICC undertook an examination of this question in so far as it relates to the corporation. As a result of this examination, I am satisfied that the corporation can — and indeed should — tap the market for unguaranteed deposits. I wish to repeat that the position of depositors and lenders who already have funds with ICC is not affected by this change.
ICC propose to establish a subsidiary company following the passing of this Bill, which will take deposits on an unguaranteed basis from the outset. Deposits with the parent company will continue to be guaranteed within the limit of £1 billion. In this way, ICC will distinguish clearly between deposits which are guaranteed by the State and those which are not guaranteed. This arrangement will enable ICC to continue its normal business, but its further growth will be funded from the new unguaranteed deposits through the proposed new subsidiary. The ICC will underpin the subsidiary with its resources. This is clearly a substantial change compared with previous practice. However, I am confident that ICC is now in a sufficiently strong position to adapt successfully to the new position. An approach based on not guaranteeing the increase in borrowing was called for by some Deputies during the course of the debate on the 1990 Act.
I now turn to the provisions of the Bill.
Section 1 is the definition section and is self explanatory. Section 2 provides for a change of name of ICC to ICC Bank plc. The use of the word "bank" in ICC's title serves to emphasise its commercial orientation. It is seen as helpful from a marketing and development viewpoint. Also, in international terms, it is desirable that the word "bank" be used for ease of recognition.
Section 3 provides for the application of certain supervisory provisions contained in Central Bank legislation to the ICC at a date, or dates, to be determined by ministerial order and after consultation with the Central Bank. The supervisory provisions will be administered by the Central Bank itself; in other respects I, as Minister for Finance, will continue to exercise my existing functions with regard to ICC. The proposed Central Bank supervision is in line with Government policy in this area, namely, that given the small scale of resources available for financial supervision of deposit-taking institutions in Ireland and given EC requirements for the regulation of financial markets, it is appropriate that a body such as the ICC should come within the prudential supervision of the Central Bank. This provision is similar to a provision in the ACC Bank Act, 1992. The change has already occurred in the case of the Trustee Savings Bank and building societies, and is part of the consolidation process that is required by the imminent completion of the Internal Market in financial markets with its attendant increase in competition. ICC is fully supportive of this new relationship with the Central Bank and sees it as an essential step on the way to becoming a competitive banking institution subject to the same rules and regulations as the other credit institutions supervised by the Central Bank. ICC has for some time now been submitting financial reports to the Central Bank on an informal basis similar to those which the bank requires of other credit institutions.
Section 4 is concerned with making explicit the powers of the corporation to engage in normal, modern banking and financial transactions and to provide associated services. The existing principal objects of ICC date back to the 1933 Industrial Credit Act which established the corporation, as amended in the 1971 Industrial Credit (Amendment) Act. These provisions required that the principal objects of the company should include dealings of the corporation with trade or industry in the State. There will be no change in ICC's traditional role as a merchant bank primarily for the small and medium sized indigenous business sector except that the scope of its operations will be somewhat enlarged. The section also provides that the exercise of the revised objects may be made subject to such conditions or limitations on amounts as may be determined by the Minister for Finance or the Central Bank, as appropriate.
The section is similar to section 5 of the ACC Bank Act, 1992. Given that both State banks are expected to operate on a commerical basis, and that both will be subject to Central Bank prudential supervision, it is desirable that similar principal objects should apply to both banks.
Section 5 provides for an increase in the borrowing powers of the ICC from £1,000 million to £1,300 million. The last increase was in 1990, and the increase now proposed should last for a number of years, given ICC's concentration on existing assets, rather than the pursuit of asset growth.
Section 6 requires the ICC to amend its Memorandum and Articles of Association to bring them into line with the provisions of this Bill.
Section 7 is a technical measure which extends the scope of the Bankers' Books Evidence Act, 1879, as amended, and the Bills of Exchange Act, 1882, as amended, to ICC. These Acts already apply to banks and building societies, and to ACC Bank, and it is desirable that ICC should be covered similarly. The first part of the section relates to the acceptance of bank records as evidence in the courts, and the second part to the rules relating to bills of exchange, cheques and promissory notes.
Section 8 gives the short title, collective citation and construction.
I commend this Bill to the House.