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Dáil Éireann debate -
Thursday, 28 Apr 1994

Vol. 442 No. 2

Kilrush Creek Marina — Interim Report: Motion (Resumed).

The following motion was moved by Deputy J. Mitchell on Thursday, 28 April 1994:
That Dáil Éireann takes note of the Interim Report of the Committee of Public Accounts on Kilrush Creek Marina.

I note the Minister for the Environment is present, but neither he nor his Department has responsibility for this matter. The Department principally responsible no longer exists and that is a convenient way out for everybody concerned. The personnel in the Department of Tourism, Transport and Communications certainly had nothing to do with any aspect of this matter and it would be very unfair to blame them. Substantial blame is attributed to different people.

This report of the Committee of Public Accounts is deserving of more attention than it received. Since its publication some weeks ago I have seen only one press article on it, other than reports of what is in it. Only one effort was made to analyse it and that was from an unlikely source, Ms Nuala Ó Faoláin of The Irish Times who normally does not concern herself with matters of this kind. In fairness to her, while she got some of the facts and nuances wrong, she understands and fully articulates proper concern for what this report has brought to light. She underlines the importance of what is at issue here — I wish more people did so because it is a very serious matter.

The Committee of Public Accounts has been in existence since shortly after the establishment of this House, since the early 1920s, and I do not think it ever produced a report that expresses such a degree of criticism of public bodies and officials as this one — perhaps there is such a report of which I am unaware. It makes very disturbing reading. I became a member of the Committee of Public Accounts only in recent months. I was not a member of the committee that investigated this matter, nor had I any part in drawing up the original draft report. I had some input to considering the draft but no material changes were made. There were additions and omissions but I heard none of the evidence in this matter.

I have good knowledge, from my previous position as Minister for Industry and Commerce, of what happened and while this report is accurate, it does not tell the whole story. There is more to it than has been outlined in the report. In particular it does not deal with the genesis of this project. It gives the impression that it was simply a brainchild of Shannon Development, but that is not the case. It has a different genesis.

While I agree with the report, I disagree with paragraph 21 which should not be in it — I did not advert to it fully when the committee was looking at the final draft — in which it incredibly, seeks to attribute a degree of culpability to the European Commission for allowing this to happen. The last organisation who should be blamed is the European Commission. It had nothing to do with the project apart from providing the money. If the European Commission has to oversee each and every project it would be tied down for all time. That is why the insertion of paragraph 21 is a serious error, and I take my share of responsibility for allowing it to be included. I did not appreciate its significance when the final draft was considered. The Commission has no responsibility in this matter and it would be crazy for the committee, this House or anyone else to seek to give it responsibility for overseeing the detail of projects. In any given year the Commission probably provides funding for 1,000 or more projects in this country and if it was to become involved in the monitoring of each one and take responsibility in the event of something going wrong, we would get nowhere, the Commission would simply withdraw from funding these projects. In future the report should be read disregarding paragraph 21.

Unfortunately, almost every paragraph of the report is critical of somebody, mostly of Shannon Development and its subsidiaries. There are many criticisms of the Department of Tourism, Transport and Communications as it was then, and to a more limited extent, the Department of Industry and Commerce and the Department of Finance. Virtually every paragraph is critical and the language used is much stronger than usual in documents of this kind, which shows the strong feeling of the committee about these matters.

I cannot go through the entire report in 20 minutes but I will make some general points. From my experience of trying to cope with this mess when I discovered it in 1991 I am a great believer in the importance of developing regional activity and have tried to do that for years. The principal institutional body we have had over the years is SFADCo and if regional development, as opposed to central development or purely local authority type development, was to succeed here, it would have had to succeed in the first instance through Shannon Development.

Having been in Government for many years I know that this concept has never been accepted in the Department of Finance. The concept was pressed on the Department from time to time by members of the Government, but it has always been resisted. When this mess came to light, mainly in 1991, the people who celebrated, although quietly, were those in the Department of Finance because they would have looked at it as an example of people in regional development being given a certain autonomy which was abused. This will be thrown back at the present and future Governments and it is regrettable that should be the case, and that an opportunity to do down the regional concept was given to those who wished to do it down, because the over-centralisation of our Administration is a great mistake.

In the latter part of this report the committee issues a range of suggestions as to how the Department of Finance should lay down guidelines on this, that and the other, that the duties of a departmental representative on a State board should be clearly defined, that everything should be set out in writing and that the Department of Finance is in some way deficient because all of these matters were not set out in great detail for the guidance of board members and, in particular, of departmental representatives. Such advice is misplaced. Board members, whether from the private sector or the Department must exercise common sense. If common sense had been exercised, the type of mess that occurred here and the huge loss of public funds would have been avoided.

Approximately a year after I last became Minister for Industry and Commerce, I first heard about this problem through rumours in the mid-west region that something extraordinary was going on in Kilrush. I could not pin down those rumours to any great extent. A representative from the Department of Industry and Commerce was appointed to the board of Shannon Development and within a short time of his appointment he suddenly became aware of what was happening there. He came to my office and told me about the problem. He expressed great shock as did I and I asked him to investigate the matter further, which he did. The more he investigated it the worse it seemed to be and we found that the problems extended beyond Kilrush. That representative was only exercising common sense which was to inform the Minister and the Secretary of the Department that something was seriously wrong. I cannot understand why common sense was not exercised before and why it was not exercised in the Department principally involved, because the Department of Industry and Commerce was not principally involved.

There are substantial gaps in this report in terms of where certain blame could lie for the difficulties experienced by the committee in investigating the matter. I can only conclude that the establishment was ensuring that not too much embarrassment was caused. If a publicly elected person was responsible for a quarter of what has happened here, all hell would break loose but because elected people are not responsible, no media commentator, apart from Ms Ó Faoláín ín her article, has seen it worth his or her while to comment on this serious matter.

As soon as I and the Department became aware of the seriousness of what was happening, various steps were taken to correct it. While this report is critical of Shannon Development, and with very good reason because of the way it conducted its affairs, the position today in Shannon Development is quite different as a result of personnel and other changes at different levels.

It is only right that tributes should be paid to the present chairman of Shannon Development for the extraordinary efforts he has made to turn around a company which was in such dire straits when he took over that office. I emphasised that because I noticed in the article to which I referred, the chairman and the chief executive were referred to as if they were the people who were chairman and chief executive when these events happened. They were not, and credit is due to the present incumbents for the steps they have taken because the company appears to be a great deal healthier. The position has been made healthier not by the Department of Finance making up new rules and so on but by people exercising common sense and prudence. Neither common sense nor prudence was exercised in this case.

Lest people think that the Kilrush fiasco was the only one at that time, I would refer the House to the Minister's speech, because for some reason he refers, out of the blue, to something quite extraneous to Kilrush, but that is typical of what was happening at that time. He said: "With the assistance of SFADCo [which I do not understand] SMDL managed to wipe out the debt completely by the end of 1992 including £393,000 for the sale of SFADCo's shares in Rent an Irish Cottage". That is laughable; whoever wrote the Minister's speech, in taking the PR brief given out by SFADCo, confused matters a little and stated it incorrectly. It is interesting, for whatever reason, that the Minister should bring up the question of the sale of SFADCo's shares in Rent an Irish Cottage. It had nothing to do with Kilrush.

That is an example of what was going on at the time. Those shares made something in the region of £400,000 about six months after Shannon Development informed my Department they had sold the shares for less than half that figure. The shares were not put up for public tender nor were any steps taken to get a good return on them. They made a private deal with one individual and told nobody about it. When I heard about what had happened I said I thoroughly disapproved and would not stand for it. I said I thought the shares were worth a great deal more but, irrespective of that, they should have been offered for public tender. When they were offered for public sale they made more than twice what Shannon Development were prepared to take for them in a private deal which no one would have known about.

Unfortunately, Shannon Development resorted to a practice that was not publicly visible of utilising funds voted by this House for industrial development for tourism related and other projects. Substantial money was used in a way which had not been voted by the House. In 1991 I laid down strictures and questioned whether the money which had been improperly applied would be repaid. It was obvious that it would be impossible to repay it from the tourism side to the industrial development side. That issue had to be left but it is indicative of what was happening at the time.

Another incident I heard about on the streets of Limerick, which was denied when I queried it but later discovered to be true, was that half a million pounds was paid by the company for a public house in the extremities of disrepair in Limerick city. They still own it. It has four walls but little else.

The pub with no beer.

No beer, no roof, no counter, no chairs, nothing. I expressed deep concern at the time and was accused of being antagonistic towards Shannon Development but that will always happen in a local or regional context. My concerns were well founded. It should be clearly understood that the present chairman and chief executive of Shannon Development have sought to ensure that these episodes have been put behind the company. It is my hope that the company will, from now on, get back on a successful path and achieve worthwhile goals for the benefit of the region it serves.

The period in the late eighties and early nineties was a black one in the history of the company and I am glad it is over. I wish the company well for the future. However, it is disturbing that such events should occur and in particular that the Department of Tourism, Transport and Communications as it was then, should have ignored all the warning signs. This strongly worded report which contains so many disturbing and important factors has received a relatively low degree of publicity. I do not say it should be publicised for the sake of it but rather to ensure that something like this could not happen again. The public could express its disapproval at what happened. It was indefensible. I am glad the committee produced a report which draws attention to this. Let us hope that it will draw attention — and not just in theory — to these kinds of practices and ensure they will never be repeated.

The report is an example of the valuable work done by the Committee of Public Accounts at minimum cost to the taxpayer. It was triggered by the vigilance of the Comptroller and Auditor General in making his routine annual report. It could be said that because the committee is an all party one it is less incisive than might otherwise be the case in identifying the author of this sorry mess. Otherwise the report is a significant contribution to how we ought to evaluate public sector investment projects.

The report deals in trenchant language with how the State ended up paying twice the original estimate for half a project at the end of the day. As someone committed to the development of a genuine regional policy, not least in the interest of economic development, the case of Kilrush marina gives serious cause for thought. It is likely that it will provide ammunition for many years ahead to those who believe the political culture of this country is such that local people cannot be trusted with any significant degree of regional autonomy. One almost has the impression that there was a local conspiracy of silence about the costly mire into which this project was sinking deeper every day. This local complacency was facilitated by the apparent collusion of several Departments whose key personnel seemed relatively undisturbed by local happenings because the lion's share of the funding was coming from Europe.

The findings of the committee's report are a serious indictment of the sloppy and careless performance of SFADCo as it was then known. The extraordinary latitude given to the SFADCo subsidiary, SMDL, is tantamount to negligence on the part of the parent company. The handling of the remuneration package for the chief executive of SMDL adds an element of farce to the entire Kilrush marina saga.

The Deputy cannot name or identify people as he did the chief executive.

I am only saying what is in the report.

Acting Chairman

The procedures of the House do not allow that and I ask the Deputy to refrain from doing so.

I will abide by the Chair's ruling. There is a strong argument to suggest this is the purpose of the House in debating this report. There are explicit findings in the report relating to the point I raised. Members of the committee may consider it our function, since we were successful in having the report debated by the House, to go into detail——

On a point of order, both the Minister and I referred to the chief executive — reference is also made to him in the report — and the need to control the salaries and remuneration of the chief executives of the subsidiaries of semi-State bodies.

Acting Chairman

Members should not comment on, criticise or make charges against a person outside the House or an official either by name or in such a way as to make him identifiable. Deputy Rabbitte referred to the chief executive, which identifies the person. This is not allowed under the rules of the House and as Acting Chairman I cannot allow such references. That is the position and I ask the Deputy——

On a further point of order——

Acting Chairman

I will hear it.

We are not criticising the individual; rather we are criticising the lack of control on the remuneration packages of the chief executives of subsidiaries of semi-State bodies when controls exist on the remuneration packages of such executives.

Acting Chairman

That is irrelevant. Deputies cannot identify a person outside this House——

It would be absurd——

Acting Chairman

The Deputy identified a person outside this House——

The report identifies him.

Acting Chairman

——and this is not allowed under the rules of the House.

The report identifies the person.

Acting Chairman

That does not make any difference.

The report identifies the person, I identified him when the Ceann Comhairle was in the Chair and the Minister referred to him.

Acting Chairman

The Deputy has made his contribution and he is now taking up the time of another Deputy. I ask Deputy Rabbitte to proceed and to refrain from identifying any person outside the House.

I do not wish to take up Deputy Rabbitte's time but perhaps I can be of some help. Regardless of how we attempt to debate this issue it is an inescapable fact that reference will be made to the remuneration package of the chief executive. I respect the Chair's ruling but reference will be made to the chief executive's remuneration package.

Acting Chairman

Deputy Rabbitte to continue, without identifying the chief executive in any way.

I appreciate the intervention by Deputies and the Minister. Paragraph 10 of the report states:

Remuneration limits and guidelines applying to the salaries of Chief Executives in the State sector were ignored in agreeing the remuneration of the Chief Executive of SMDL. After the Board of the parent company had agreed the basis for the secondment of one of its Group Directors to SMDL as Chief Executive, the Board of the subsidiary unanimously approved further terms in addition to those agreed by the Board of SFADCo. These latter terms included a substantial initial lump-sum payment and other benefits. In the view of the Committee, both the lump-sum payment and the other benefits were inappropriate and excessive. Bearing in mind that the SMDL Board was made up of a combination of SFADCo Board members and staff, [this is important] SFADCo must stand indicted for its role in knowingly ignoring Government pay policy for the State sector. The Committee urges that the Department of Finance should, as soon as possible, lay down clearer guidelines in respect of pay . . .

I understand from the Minister, and what was said at the committee, that this is being done. It is very difficult to avoid referring to something which is as central to the report as this. I was trying to point out that the Kilrush Creek Marina saga is an indictment of the careless and sloppy procedures allowed by SFADCo, that the latitude SFADCo gave its subsidiary was tantamount to negligence, that the handling of the remuneration package was farcical, that the vigilance of the then Department of Tourism, Transport and Communications leaves much to be desired and that confidence in the Department as it was then constituted was not boosted by the uneven quality of evidence given to the Committee of Public Accounts.

One wonders if this carelessness with public money could have proceeded unhindered if the political climate of the day was not conducive to turning a blind eye as the mistakes unravelled. Mistakes were made, for which the public purse paid dearly, but remarkably the proposed private sector involvement escaped virtually unscathed. There was inadequate planning by SFADCo and inadequate control and supervision. There appears to have been an element of sharp practice in the application for European Regional Development Fund funding, the necessary vigilance by Government Departments was absent, SFADCo did not control its subsidiary, SMDL, and there was, to put it mildly, a lack of candour on the part of SMDL. I fear the report's indictment of the commercial judgement of SMDL in paying £560,000 for a timber yard worth £200,000 may not be the full judgement. There was a lack of clear guidelines for civil servants on State company boards. Some salutary lessons can be learned from the Kilrush Marina saga in the context of anticipated public sector investment projects under the new Community Support Framework. This saga is a disturbing indictment of a number of public bodies and officials.

I recall as a member of the Committee of Public Accounts visiting the then unfinished marina at Dingle a few years ago. Similar questions were raised about the use of public money in building that marina and the reasons the initial estimate for the work was very seriously exceeded. The Committee of Public Accounts visited Dingle to look at the work carried out on the marina and to find out why the eventual cost of the project would exceed the original estimate by so many millions of pounds. The view of the committee at that time was that the cost of the marina exceeded the original estimate for some extraordinary reasons, which I will not go into, but that the end product was good value for money; that notwithstanding the extraordinary disregard for normal procedures the project made a valuable contribution to the local tourism and fishing industries, enabling greater catches and creating more employment in the industry.

The Committee of Public Accounts let the matter rest there. I was unable to attend Kilrush on the day Deputy Jim Mitchell led his men down there but my understanding is that there has been no comparable contribution to the local economy there resulting from this investment. I know Deputies from the area will probably feel compelled to say that it adds enormously to the tourism infrastructure in Kilrush and so on and I hope it does, but I am advised, within the context of the money spent, we got a poor return for public money.

I might now refer to the recent legislative changes put through this House in respect of the Committee of Public Accounts and the role of the Comptroller and Auditor General. This report is a very good example of the kind of report and evaluation that can be undertaken of the expenditure of public moneys at minimum cost to the taxpayer. We now have a greater facility to undertake value-for-money audits, a facility I should like to see used more widely because it can be a very valuable instrument in assessing whether we receive value for money.

I am concerned that the report does not get to the bottom of who was the author of this sorry mess. As Deputy O'Malley commented, it is referred to as the brainchild of SFADCo. I am not sure that is the case. It is perhaps a weakness of the report that it did not identify who had the bright idea in the first place, who pushed it and continued to push it notwithstanding the extraordinary mistakes made along the way. It is also a matter of concern that it ended up as an indictment of the only element of regional government nationwide — SFADCo — which is about the closest one can get to the type of regional concept I should like to see developed in other regions. I am afraid it will be argued that, because of what happened in the case of Kilrush regional bodies cannot be trusted to spend public money.

Fortunately, there are some other good developments as well; nonetheless I agree with the sentiments expressed.

Once upon a time I represented the workers in SFADCo and I acknowledge that there are indeed some good developments but this is an extraordinary saga. It is unsatisfactory that, because of the absence of the Minister responsible, I presume on Government business, and because of the reconstruction of the Department, we do not have anybody in the House who can be made accountable for some of the more difficult questions that arise from this report. I agree with Deputy O'Malley it is extraordinary that this amount of public money could be misspent in the fashion detailed in this report, accompanied by such little public comment or analysis. The coherence of the report, the amount of work that went into its production, its speedy production under the guidance of the chairman, warranted more serious analysis than it has received to date. It contains a number of paragraphs which time does not allow me to deal with in greater detail but certainly they should be salutary lessons for the future. Whether we learn the lessons from this report is something that only time and experience will tell.

We are moving to proper controls over State expenditure, an innovation to be greatly welcomed. This debate affords Members an opportunity to articulate their views on the role of accountability they would like Ministers, Departments and semi-State bodies to fulfil in that there has been a rather cavalier attitude to date to the expenditure of public moneys. After all, abuse of public moneys amounts to abuse of taxpayers' money, yet there does not appear to be any accountability by politicians about the abuse of this money.

I take it the Deputy is not talking merely about politicians.

We have seen this abuse in many facets of national life and we are responsible for taxpayers' money.

Of course, similar difficulties have been experienced in other semi-State companies, the problems of Aer Lingus arose through lack of accountability by its subsidiary companies. In the case of Shannon Free Airport Development Company a similar difficulty arose. As Deputy O'Malley said, at one time there were enormous problems in the mid-west region with regard to sweetheart deals and Rent-An-Irish-Cottage. Eventually, when proper tenders were sought taxpayers and investors received their due reward. I am not saying that even the excessive investment in the Kilrush Creek Marina will not yield a good return for the area in the long term. The overall development is extensive and warrants further investment now. Indeed one aspect of the report not dealt with was that of the future of the marina with recommendations for its further development, ascertaining how such future investment could be protected. There is a need for additional enterprise in the adjacent area.

We must remember that when SFADCo drew up the original plan it was for a staged development and to date there has not been the huge private investment expected. This will lead to additional appeals for investment by SFADCo. In this respect I hope the Minister present will encourage his colleague, the Minister for Tourism and Trade, to ensure that some joint ventures are entered into, leading to additional development in Kilrush, including tax breaks. When introducing this debate earlier I thought the Minister for the Environment might have said that he intended applying the provisions of the Urban Renewal Act to Kilrush or that he would do so in the very near future, thus making the Leas-Cheann Comhairle, a native of Kilrush, very happy; no doubt he would like to see the town developed further.

And Deputy Upton.

I intend to help them out in Kilrush.

I heard rumours to the effect that the Minister does not propose to apply the provisions of the Urban Renewal Act to Kilrush, that he will resort to some other legislation that might be of assistance to them. I urge the Minister to reconsider that decision, when he would have a ready response. For example, people interested in yachting who might be encouraged to visit Kilrush could avail of tax breaks for that purpose. They need not necessarily be Irish citizens, they could be European citizens who have an interest in yachting. It is advantageous to have a marina situated in Kilrush. It is part of the necklace of marinas established on the west coast. For that reason I urge the Minister for Tourism and Trade to establish joint ventures in the area. On the other hand I am concerned about accountability as there must be some recognition of honesty. I am concerned at Deputy O'Malley's comments regarding common sense. I know that common sense is a slogan of the Fianna Fáil Party and that their members must have a strong Fianna Fáil background. This common sense approach has led to huge overruns.

Lift the debate a little.

I will lift the debate if the Minister wishes but I do not wish to go any further. I hope that whatever regulations are drawn up by the Department of Finance to control this area will not lead to the diminution of regional development as practised by Shannon Development.

In having this debate today we have set a precedent under the Comptroller and Auditor General Act, 1993. A feature of the work of the Committee of Public Accounts, following its reorganisation, is that we will have short debates in the House on reports of the committee. Heretofore the committee reported only once a year. There will be a series of interim reports on matters of importance.

Notwithstanding the debate and some good points made by the Minister, nobody has been held to account. Politicians were not responsible for this overrun, as suggested by Deputy Carey, but rather paid officials. I do not want to appear merciless but we have to get to a stage, if we are to have accountability, where people in the public sector are held to account. If projects are as badly controlled as the Kilrush marina somebody will be held to account in the future. It is important to establish that principle, otherwise there will be similar overruns. In this case there will be some exposure and some embarrassment but no effective action.

The Minister has indicated that a number of things have already happened including extending to subsidiaries of semi-State bodies the same controls as apply to State bodies. I note that he said the Minister for Finance will reply formally to other points made in the report and I look forward to that.

Our objective is not to witchhunt or to criticise those in Kilrush but to learn from this venture so that public projects in the future are better controlled and that we get more value for public money. A huge amount of work remains to be done in this area both in terms of national money, lottery money and EU money.

I have no doubt that the improvements brought about in Kilrush, even though they cost much more than they expected, will be of lasting benefit to the Kilrush community and the surrounding district and I wish them every success.

Question put and agreed to.
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