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Dáil Éireann debate -
Tuesday, 17 Oct 2000

Vol. 524 No. 2

Nítrigin Éireann Teoranta Bill, 2000: Second Stage.

I move: "That the Bill be now read a Second Time."

There are two main purposes for this Bill. First, to provide for the transfer of liability for the State-guaranteed debts of NET to the Minister for Finance and, second, to provide that the Worker Participation (State Enterprises) Acts would not apply to NET in the event of any future sale by NET of its 51% shareholding in Irish Fertiliser Industries.

The Bill also provides for the amendment of the First Schedule to the National Treasury Management Agency Act, 1990. This will enable the Minister for Finance to transfer responsibility for the repayment or management of the NET debt to the NTMA. The latest date for which a report on NET's borrowings is available is 30 September 2000 at which time the total debt stood at £187.2 million.

NET was established in 1961 as a State-sponsored company to manufacture nitrogenous fertilisers in Arklow. The company started in a relatively modest way but expanded to the stage where after the completion of the Marino Point plant in 1979 it was one of our largest chemical manufacturing companies, employing over 1,500 employees. By the early 1980s it was clearly recognised that because of the construction cost overruns and operating losses in the early years of the Marino Point plant, a substantial part of the NET debt was a sunk cost which could not be expected to be recovered. The overall size of the debt and the costs of servicing it were such as to keep the future of NET's fertiliser business and that of its employees in constant jeopardy.

However, the future of the business was safeguarded with the formation of the joint venture with Imperial Chemical Industries in 1987 whereby NET's fertiliser businesses in Cork and Arklow and ICI's Richardson's fertiliser business in Belfast were transferred to the new joint venture company Irish Fertiliser Industries Limited, with NET's old core capital debt, most of which was guaranteed by the State, left with NET.

Under the joint venture arrangements NET took a 51% shareholding in the new company, with ICI taking the remaining 49%. In addition, NET entered into a long-term agreement with IFI for the supply of its gas feedstock requirements with a contract termination date scheduled for the end of 1999. At the time of the joint venture in 1987, NET already had a long-term gas con tract in place with Bord Gáis Éireann under which NET purchased gas from BGE. The old accumulated NET debt, which was £164.6 million in September 1987, remained with NET with the intention that NET would service the borrowings from its income from profits on the sale of gas to Irish Fertiliser Industries Limited and dividends from that company.

Since 1987, therefore, NET's primary activity has been the management of its debt portfolio as well as managing a gas contract and monitoring IFI. However, the combined income accruing to NET from its profits on the sale of gas and from dividends from IFI has been insufficient to fully cover the interest payable on NET's borrowings. As a result, the shortfall in interest had to be converted into new State-guaranteed borrowings, with the result that overall borrowings have continued to grow and have now reached £187.2 million.

ICI and the State have offered for sale their shareholdings in IFI. Following this decision by both shareholders to seek to sell 100% of Irish Fertiliser Industries, two indicative offers were received. However, both the State and the other shareholder, ICI, were of the view that neither offer presented a sufficiently strong basis for proceeding further with the joint sale process. Subsequently, several other parties expressed a possible interest in the purchase of IFI but no further indicative offers were received. The company is still on offer for sale.

I will now turn to the various sections of the Bill. Section 1 provides for the standard interpretation and definitions. Section 2 provides for the transfer of liability in respect of NET's State-guaranteed debt to the Minister for Finance to enable the Minister to discharge the State's liabilities under the various outstanding loans. The current legislative limit on NET's State-guaranteed debt is £200 million and this section reflects that maximum amount.

Section 3 provides for an amendment to the First Schedule of the National Treasury Management Agency Act, 1990, which will allow the Minister for Finance to transfer responsibility for the repayment and-or management of the NET debt to the National Treasury Management Agency. Section 4 is a standard provision to allow the Minister for Finance to make payments arising under this Bill from the central fund.

Under the provisions of the Worker Participation (State Enterprises) Acts, 1977 and 1988, four worker directors are elected to the NET board. Section 5 will enable the Minister for Enterprise, Trade and Employment to make an order which would have the effect of discontinuing the entitlement of the four worker directors to be elected to the board of NET. It is only intended to exercise this power in the event of the sale or disposal of NET's 51% shareholding in IFI. The four worker directors on the board of NET are actually employees of IFI. Therefore, if the State was to dispose of its shareholding in IFI there would no longer be a rationale for IFI employees to be elected to the board of NET.

Section 6 provides for the repeal of all previous NET legislation which comprises Acts stretching from the statutory establishment of NET in 1963 to the most recent Act in 1993. The section provides for the repeal of the NET Acts, 1963 to 1993, to be brought into operation by order of the Minister for Enterprise, Trade and Employment. Again, it is the intention to exercise this power only in the event of a sale of the State's shareholding in IFI and the subsequent winding up of NET.

Section 7 is a standard provision enabling expenses incurred in the administration of the Act to be paid from moneys provided by the Oireachtas. Section 8 is also a standard provision giving the short title of the Act, which will be the Nítrigin Éireann Teoranta Act, 2000. I am confident that the Nítrigin Éireann Teoranta Bill, 2000, will commend itself to the Dáil and I recommend it for approval.

Now that I have dealt with this matter on behalf of the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Harney, I wish to address a few points on my own behalf. NET is a constituency matter for me. I suppose it is my Alma Mater because for a couple of decades I was employed by that company. I see colleagues on the other side of the House who, like me, also have a parochial interest in this. I was distribution manager with the company and was responsible for distribution of products from both the Arklow and Marino Point, Cork, plants, but I was based in Arklow. I had the pleasure of journeying to and from Cork regularly. I want to make a few points in that vein.

The NET factory in Arklow had, indeed still has and I hope will continue to have, important economic implications for my constituency. For many years it was the economic heart-blood of not only the town of Arklow but also south Wicklow and north Wexford, employing in the order of 1,000 or 1,200 people. There was a huge spin-off involvement in the wider locality with hauliers and CIE. There was a great interconnection between NET and CIE, another State company. CIE, in effect, was the end of the conveyor belt of the production line of NET, whereby much of the finished product found its way onto rail trucks, usually custom-built rail wagons, which took the product around the country to Irish merchants, co-operatives and farmers. Hauliers from all over Ireland were employed in that business and benefited substantially.

The company distributed its products through a series of distribution points, all of which were located at railheads around the country, and I was instrumental in putting that distribution network in place. That, again, had spin-off implications for many towns and villages around Ireland where NET product was stored on behalf of the company by CIE personnel, who otherwise perhaps would not have been employed in those areas. Overall it was a great State company and national employer, giving employment widely.

It also had serious beneficial implications for Irish agriculture, farmers and the agri-business generally. While in more latter years prices have fallen quite low, in years gone by that was not always the case on the international markets and were it not for the indigenous production of nitrogenous fertiliser products, for many years Irish farmers would have been held to ransom by high prices with imported product having to be brought into the country, particularly for our important grasslands. In that context, it has been a good company and its management and workers in Arklow and Cork have served the nation extremely well.

Wonderful people started off the company in the early 1960s. J. B. Heinz was seconded from the Civil Service as the supremo and first managing director of the company. He had been a senior civil servant and he was taken from that post by the Government and put in charge of the company. Some years later he was succeeded by Peadar McSweeney, another former civil servant, who took over as the company supremo and managing director and served well for many years. A few other people come to mind, like Brendan Casey, who is a very innovative factory manager. We had a wonderful commercial team at the time. Two men with whom I worked were Tom M. Cullen and Lorcan O'Brien. Mr. Cullen is alive and well and has retired. Unfortunately Lorcan O'Brien has gone to his eternal reward. They were a wonderful commercial team, operating on the world stage at the most senior management and executive level, and they did excellent work for the company and Ireland.

The Arklow and Cork operations, with modern technology and the need to trim down, are operating with far fewer employees nowadays, but it is a tighter and more streamlined operation. Let us hope that they will continue in that vein for many years to come.

The Arklow operation is currently led by its general manager, Bill Flood. Mr. Flood and his management team and their workforce have streamlined the operation and are placing great emphasis on the environmental aspect of the business. Alas perhaps this was not much in our culture as a nation in the 1960s and 1970s and perhaps environmental considerations were not high on our agenda, but they are extremely high on the agenda of that company at present. On housekeeping, the general effluent coming from the plant is negligible and I suppose lessons of the past have been learned. For this, the management and staff are to be congratulated.

The company's Arklow base was the lifeblood of the town and its wider hinterland of south Wicklow and north Wexford. That area really flourished. It was possibly one of the best provincial centres in Ireland in terms of economic activity and employment in those glorious years. Unfortunately, that was to end and much leaner years were to follow because when the fertiliser industry ran down in that town and area, simultaneously the traditional pottery industry began similarly to run down, with huge numbers of lay-offs. It was a devastating blow to that part of the country and to my constituency. Many lean years ensued for that area of Arklow and south Wicklow.

Thankfully, however, that is now in the past. There has been huge infrastructural investment in roads, sewage treatment and water works in the Arklow area. Arklow is now returning to those good years. It is a place that is very attractive to potential investors, industrialists and business people. Already, quality companies have been attracted and have been, and are being, set up. Part of the infrastructure there is an IDA park which is set to flourish with, as I said, quality people providing quality jobs. The good era of NET was followed by a lean period which is, thankfully, being followed by a good and prosperous period with a better quality of life for the people of the area. I apologise if I have been indulging in the parochial for too long but I wanted to put those important points on the record.

I am sure the work the Minister of State did in Arklow and with the Marino plant over the years has, in no small way, been important in the development of Irish Fertiliser Industries to date. I think he can take a bit of credit for that.

Go raibh maith agat.

I welcome the opportunity to debate the issues surrounding NET and the future of IFI. I know my two colleagues, Deputy Stanton and Deputy Timmins, also have a vested interest in the future of the Irish Fertiliser Industries plants. This Bill will provide for the transfer of the State guaranteed debt from Nítrigin Éireann Teoranta to the National Treasury Management Agency to facilitate the sale of NET's holding of Irish Fertiliser Industries should a suitable purchaser come on the scene.

It is important to note that the establishment of Irish Fertiliser Industries with ICI in 1987 was probably one of the first public private partnerships. My colleague, Deputy Noonan, was the Minister who signed that Bill into law. In fairness to NET, it fulfilled its element of the bargain with its responsibility in relation to servicing the debt during a very difficult time and especially after the establishment of IFI when we had the economic crisis and the Wall Street collapse in 1987 which made things difficult for servicing that debt at a future date.

NET, as the holding company of the State's 51% shareholding in IFI, has accumulated £187 million worth of debt. Its traditional source of income had been the sale of gas to IFI which ended at the end of last year. Now NET can only rely on the dividend from IFI to service this enor mous debt. Fertiliser is a costly bulky product and suffers from commodity price swings. The Irish market is reliant, to a certain extent, on the weather. Good grass growth produces a drop in sales. It suffers from erratic supply patterns when cash strapped exporting countries, especially on the eastern side of the European Union, increase output to earn hard currency.

The Irish fertiliser industry is facing a changing climate which may lead to consolidation even among the existing small number of blenders and wholesalers within the Irish market. Future fertiliser usage in Ireland faces new pressures. More public scrutiny is likely as the Department of the Environment and Local Government seeks to insist on farm nutrient plans being drawn up for farms to improve and conserve Irish water quality. Moreover, fertiliser usage is seen by some policy makers as excessive, particularly in relation to nitrogen and phosphates, and farmers face the prospect of having strict fertiliser limits imposed on their businesses in the future.

It is important to make the point that as the new EU water directive is put in place, we will have to look seriously at the whole issue of phosphorous contamination of our water supplies. We should maybe look at the issue of licensing phosphate, especially in relation to the domestic use of phosphates, which can be controlled.

I refer to public statements that have been made on the agriculture industry, products from IFI and phosphate pollution of our water supplies. The point has been made that the biggest polluters in terms of phosphates in our water are farmers. That is right in that the biggest amount, in terms of tonnage, comes from the farming community. However, only a small number of farmers are involved. That needs to be taken into account rather than reading headlines in the newspapers saying that all farmers are polluting our water supply. Only a small number of farmers in certain pockets are involved and it depends on the type of ground water. If it is properly regulated and if the by-laws are put in place, as has been proposed, it will resolve that problem.

There was a problem in the Leas-Cheann Comhairle's constituency, and if those by-laws are put in place, it will resolve the problem. It is not fair to blacken the agriculture and farming communities. Until now they were not aware of the risks or problems associated with ground water. The farming community will grasp this issue and help to resolve it. It is fundamentally important that we look at the broader aspect of this and at phosphates in household detergents etc. to see if we can find alternative ways of solving the problem.

The Dutch had to do likewise with nitrogen. Unknowingly, they totally over-nitrogenised their land. They recognised they had done that and they corrected it.

I use the opportunity this evening to put that on the record. I hope we will see further research in this area.

At EU level, agriculture faces further pressures through extensification of livestock production and nutrient plant requirements which are being imposed. Therefore, the backdrop to the sector in Ireland is a static to declining market reinforced by the long-term schemes such as REPS and set aside.

In terms of overall nitrogen production, IFI is a minor player, with 4.5% of the EU market. It also has approximately 40% of the Irish market which is predominantly geared towards grass production. Through its Northern subsidiary, Richardson, IFI controls about 52% of the market share in Northern Ireland. Sales of fertilisers are closely linked to the grazing season, farm grass supply and stock numbers. The current high stock numbers nationally are of benefit in preventing a sudden fall-off in fertiliser usage, but should stock numbers decline, the fertiliser usage will also drop.

As agriculture continues to face stiff international competition, fertiliser sales internationally will be dictated by the cheapest supplier. Unless the IFI operation can generate cheaper fertiliser than available internationally, the security of the company hangs in the balance. The Irish fertiliser market peaked at about 1.9 million tonnes of consumption in 1996 and has since dropped back to approximately 1.5 million tonnes. About 60% of this consists of nitrogen or high nitrogen products.

The price of energy is of crucial importance to IFI with its manufacturing facilities in Cork, Arklow and Belfast. That can play a big role in relation to the profits and losses of the company. IFI recently hit the headlines with the threat to employment during the ILDA train dispute. Prior to that, the headlines related to possible suitors interested in purchasing the three facilities. The sale of IFI was prompted, as the Minister highlighted, by ICI and its decision in 1998 to realise its shareholding following the disposal of its fertiliser industries in the UK. ICI has given a commitment that it will remain with the company for a further 18 months to two years. That is of fundamental importance to the future of Irish Fertiliser Industries. The Government and ICI are likely to adopt a different approach, however, to the sale, with the former likely to be concerned about keeping as many of the 630 jobs as possible after the sale, and ICI, naturally, wanting to sell to the highest bidder.

Finding a buyer for IFI is likely to prove difficult, particularly in light of the uncertainty surrounding the fertiliser industry, as I have pointed out. However, the Government has missed the boat, in terms of selling the business at peak profitability. The outcome of that sale will be crucial in determining the size of the State's write-off and the future of those 630 jobs.

The larger international manufacturers may be interested in buying IFI with the long-term aim of closing down its Irish bases and reaping the benefits by supplying the Irish market from continental Europe. However, unlike the majority of European fertiliser operations, IFI has been extensively rationalised and is now a low cost producer. It has made significant investment in its three plants over recent years. Arklow has received a £13.5 million investment in a new granulation facility. The Richardsons facility in Belfast has received a £35 million investment and the ammonia plant in Cork is one of the most state-of-the-art and modern plants in the European Union. Rationalisation within IFI dates back almost to the commencement of production in the plant at Marino Point.

The other option is that a consortium of Irish interests might be convinced to purchase IFI at a relatively low price if it could be shown that such a move would generate an advantage to their suppliers and owners by having an Irish based fertiliser manufacturing operation. This is seen by some as the best avenue for the long-term security of IFI. However, 12 months ago IAWS boss, Philip Lynch, said the Government would find it very difficult to sell IFI. He said IAWS made a token bid for the company last year but that the truth is that nobody wants to buy it. In effect, unless the level of fertiliser production is cut dramatically, the long-term outlook for the sector is dismal.

However, the Tánaiste established a consultation committee made up of representatives of the company, trade unions, the Government and its corporate advisers, who were appointed at that time to oversee the process of the sale when that was being considered by the Government. As the Minister said, it is still for sale. The Tánaiste reassured the trade unions in regard to the jobs in the company. The Government will make much about these job guarantees forming part of the sale, but are such commitments guaranteed? I would like the Minister to address this point because it is a fundamental concern in his and Deputy Timmins's constituency and in Deputy Stanton's constituency. The big fear out there is in relation to the security of those jobs. I had hoped the Minister would address that in his initial speech but I hope he will address it when he replies.

The workers are afraid of the employment conditions they will have under any new employer. Will their current conditions of employment be protected? They should be congratulated on the current pension fund, which I am told is quite successful. However, will that be protected in a new company? The investment that has been made in that fund by the company and its employees should be ring-fenced for those employees. What protections and guarantees can the Minister give in that regard?

The staff have broached with the Minister the issue of employee share ownership. Now that negotiations are no longer ongoing with prospective purchasers of IFI, perhaps the Tánaiste should reopen such discussions. I believe there were discussions in this regard at the time of the initial consideration of the sale of the company. That avenue should be looked at again and the employees should be given that opportunity. I do not know whether the option of a staff buy-out is feasible. However, all these avenues need to be looked at and the staff need to be reassured. It is important those reassurances are put on the record of the House because there are concerns out there. The company is a major employer in those constituencies.

We must also take into consideration the fact that, while the company is partially owned by a semi-State company, it is also a cross-Border company. It has employed staff in Belfast from all communities, for which all credit is due to it.

There needs to be consultation and communication between the staff representatives and the Department. That is the fundamental issue I hope the Minister takes from this debate. Those commitments must be laid before the House. I am disappointed the staff representatives were not consulted prior to publication of this Bill. It would have been a gesture, more than anything else, because I do not think there is anything very controversial in the Bill. They should have been consulted, out of courtesy, and informed that the Bill was coming before the House this week. Failure by the Department to do so will set the tone for any future sale and, naturally, raises concerns for the employees. I hope contact is kept with the staff representatives involved.

Under section 3 the management of the debt will be transferred to the NTMA. Will the debt itself remain with NET following the enactment of this legislation? Section 5 provides that the worker participation legislation will not apply to NET after the sale. Can the Minister guarantee the board will be fully consulted prior to any sale of the shareholding in IFI held by NET? The worker representatives are not represented on the board of IFI and their only avenue to that board is through its chairperson, who is also the chairperson of NET. They have representation on the board of NET. If the Minister could even guarantee that the board of NET would be consulted on the future sale, it would put at ease the minds of many of the staff.

The outlook within the fertiliser industry is not as negative as I have made out. There have been many amalgamations throughout Europe, quite a number of plants have closed and efficiencies have increased. However, given the size of the Irish industry, Irish Fertiliser Industries should be given credit for its operation here. The short-term outlook is for the industry to pick up and the price of fertiliser to improve, although while that might be of benefit to some constituencies, I know it will be a disadvantage to others. I commend the Bill to the House.

Does Deputy Rabbitte wish to commence his contribution?

I would scarcely get off the run way so I will move the adjournment of the debate, with your permission.

Debate adjourned.
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