I move motion No. 6:—
That Seanad Éireann views with alarm the growth of State intervention in commercial enterprise, particularly through the medium of nominal boards and companies, and requests the Government, not merely to refrain from any extension of this policy, but also to dispose immediately to private ownership of as many of such enterprises as possible.
I wish, first of all, to direct the attention of the House to the wording of the motion, particularly the wording of the first phrase. The motion deals with the growth of State intervention in commercial enterprise. I used the word "growth" quite deliberately because I felt that what occurred was that over the years little nibbles were taken at a time, little actions which perhaps we were inclined to overlook because, in respect of the particular matter to which each referred at the time, we had some special interest. But when they were pieced together in one picture they showed a deliberate growth rather than a series of ad hoc decisions. I used the words “commercial enterprise” also quite deliberately because I wanted to make it clear that it was in regard to what are normally considered in these days in which we live as commercial transactions that I was interested and that I was not interested in what might best, perhaps, be described in modern conversation as “public utilities”. I do not consider that public utilities are commercial enterprises in the ordinary sense. They are operated from the public point of view and from the consumers' point of view, as apart from the point of view of a commercial nature in their transactions.
I ask the House, therefore, to look at the whole picture to see that there has been a gradual extension of State intervention in commercial enterprise and secondly in the manner in which that State intervention has taken shape, through what we have come to describe as a nominal board or a nominal company, or a dummy company as it has been termed at other times. If the State is going to interfere in commercial enterprise there are two methods open to it—the direct method or the setting up of a nominal board, a dummy company, utilising the Companies Acts which were framed and phrased for an entirely different purpose and utilising them to achieve something that they were never intended, and in my view should never have been intended, to permit. Having dealt with it in that aspect I ask the House to suggest that these commercial enterprises should be transferred to private ownership. Those acquainted with the Irish Stock Exchange agree at once that there is nothing like the number of Irish investments available for those who want to invest their money in Irish public concerns. Every stockbroker will say, upon being asked when it is possible for him to invest money to purchase Irish stocks and shares, that the demand for these is very much greater than the supply. Therefore I suggest that the method I have mentioned here in the latter end of my motion is one method in which that demand could easily and safely be met.
I might perhaps refer to the two amendments. The amendment which stands in the name of Senator Duffy, if it were confined to public utilities which necessarily must be under State control, is one which I could support in principle though with certain detailed objections. As I read the amendment in its juxtaposition to my motion it assumes that Senator Duffy is anxious to promote the growth of State intervention in commercial enterprise and, therefore, it clashes with the principle of my motion at once in that respect. His amendment is the embodiment of the policy of extended State intervention and socialism and as such could not be accepted, in my view. The amendment in the name of Senator Sir John Keane largely visualises also consideration of the principles to be adopted in respect of what might fairly be described as public utilities. In fact from hearing Senator Sir John Keane on many occasions here advocating this principle of an efficiency audit it seems fairly clear that he is considering that efficiency audit in relation to matters which it is agreed should be under the control of the State rather than under private commercial control. Therefore, to that extent it is hardly relevant to the phraseology of a commercial enterprise. Certainly I do not think the Senator has much the same outlook or intention as Senator Duffy has in his amendment, namely, to promote State intervention in every aspect of our commercial life.
To come back to the general question, this is not a question that has been suddenly sprung upon us. It is one which we have discussed in side-line aspects during the passage of various Bills, each of which in its own particular way affected some segment of our commercial life. They impinged upon the principle but were considered only by themselves and not as part of a general policy. This problem was considered by the Banking Commission which brought forth its report in the middle of the last decade. It was discussed at some length in that report and in the majority report the principle was condemned in no uncertain fashion. It was condemned then as a method by which public liabilities could be increased without consideration by the body properly appointed and constituted to consider such public liabilities, namely, the Oireachtas. In page 287 of that report one sentence is of particular importance. It states:—
"It is manifestly objectionable that subsidiary Government bodies, through possessing in an indirect way borrowing powers designed for private enterprise, should be in a position in effect to increase the debt of the State in a manner that does not come under the direct cognisance or control of the Legislature or the Minister for Finance."
I think I am right in saying that that was a sentiment expressed by that commission in relation to the habit these subsidiary companies had of borrowing additional capital without Parliamentary sanction. Following that commission's report the matter was referred to in the Report of the Commission on Vocational Organisation. Its report was submitted after many years of work of which most Senators are fully aware. In its consideration of the lines upon which vocational organisation was desirable, for very obvious reasons they considered to a very serious degree the method by virtue of which the growth of State intervention in commercial enterprise had taken place up to that date. But however much it was then a fact that there was such a growth, I think that, as I shall attempt to show, the growth has become even more marked, more pronounced, and more rapid since that time.
The Commission on Vocational Organisation in making their report—I am speaking again of the majority report—on this problem did so from two points of view. They first of all felt that there was in the Civil Service a scheme of rules and regulations built up over the years to ensure that, as far as possible, there could not be any divergence or any evasion of the one essential matter, namely, that Parliament should retain its grip on the moneys disbursed by it. In order to do that there were regulations—called at times "red tape"—which at least made certain that the funds would be disbursed in the way envisaged when voted by the Oireachtas. I want to be quite clear that I am not for a moment suggesting that in any of the public corporations or companies in which the Minister for Finance is a shareholder the funds are misapplied. Nothing is further from my mind. What is in my mind is that the Oireachtas very often intended that the funds they were granting would be given to a body for purpose A, but that, in fact, the funds they gave for purpose A were diverted to purpose B because the body in question thought that the better purpose. I shall give an example of that, but it is a fact, if that is done, that there is absolutely no manner in which, under State intervention, that can be controlled or prevented. It is surely undesirable that a system can exist in which that is possible.
If, at any time, any of us were asked what in a particular moment was the best system of government at that particular moment, I think we should probably look back and say that at that particular moment the best and most efficient method of governing a country for one particular moment was that of a benevolent despotism, provided you were absolutely satisfied that the person directing the State was benevolent; but, equally, there is not one of us who would not say that, taken out of its context for a moment and taken for even a short period in the life of a nation, it is the worst system—remember we are all human— and that it is the one system that is absolutely certain at some stage to fall into the hands of somebody who is not, to use the same word again, benevolent.
In building up any system of State control, or any system of State government, it is no use whatever building it up on the basis of saying: "I know very well that the people to whom I am now giving these powers are people who are not going to abuse them." If you give powers that can be abused then, in effect, you are creating a situation or a system which is absolutely certain to mean in the long run that the powers will be abused. In this system of nominal companies we are creating something by virtue of which there is going to be throughout the many aspects of our national life which they embrace a system which is going to be controlled by people who have no responsibility to anybody except to themselves in respect of their direction of these particular enterprises. We are building up a system which is as certain as is the Communist system to mean that, eventually, there will be command at the top with tentacles stretching out through each one of these separate enterprises which can be controlled and used for purely despotic ends, even if not used for the intermediate stage of political ends. I suggest to anybody who considers it from that angle that it is an eventuality which should make us consider whether it is a growth and a system which it is wise to permit. We must consider this from the general aspect of the people who are possibly going to administer such a system rather than from that of the people who are administering the system at the moment. If we restrict ourselves to the latter we are going to make quite certain that we are putting into the hands of somebody who may come along something which he may use in an unscrupulous fashion—in a way that nobody visualises or intends. None of us in any part of the House would wish to see that happen.
The growth of these nominal boards and companies was also discussed rather fully in the recommendations of the Commission on Vocational Organisation. In paragraph 683 it is stated:—
"It is interesting to note that by the device of the nominal company this form of State activity has escaped from the fundamental rules of the Civil Service, which were designed for integrity, economy and Parliamentary control. In these nominal companies appointments of directors and officials (managers, secretaries, solicitors and auditors) are not made on a competitive basis but by patronage; there is no strict accounting of funds to the Comptroller and Auditor-General...."
May I leave that for a moment and acknowledge at once that certain of the companies do have their accounts audited by the Comptroller and Auditor-General. That audit by him is different from the Parliamentary audit that he makes for the Committee of Public Accounts. It is an audit to ensure that the moneys which are spent by the nominal company are not misapplied in the dishonest sense that I mentioned a moment ago. It is an audit to ensure that the expenditure is properly vouched, but it is not the same type of audit as that carried out in the case of a State Department, the purpose of which is to ensure that the moneys are applied solely in the manner decided by the Oireachtas. One of the chief functions of the Comptroller and Auditor-General in auditing the accounts of State Departments is to see that not merely have the moneys voted been properly vouched and the accounts properly balanced, but that they have been spent on the purposes for which the Dáil voted them. No such requirement, however, applies in the case of the audit of the accounts of nominal companies carried out by the Comptroller and Auditor - General. The requirement there is only to see that the moneys have been spent and are properly vouched, and that the accounts are balanced. The quotation continues:—
"there is no responsibility to Parliament, as the Minister who sets up such a company or provides it with public money refuses to answer questions in the Dáil concerning it.
This method of administration is clearly fraught with great dangers to the prestige and integrity of democratic government. It offers a wide field for the exercise of political patronage of a very costly and undesirable type, for not merely may large salaries be given to persons as a reward for political services, but large sums of money for capital and working expenses may be placed at their disposal without adequate safeguards. It could provide an unscrupulous government with a means of making a large number of persons dependent on it for salaries and wages and of obtaining electioneering support by promoting enterprises or industries in certain localities without due regard to economic factors."
It could do these things, and any system of government that could do so, regardless of whether it does do these things is, in fact, a dangerous system, the introduction of which is likely seriously to affect our national life in the future. It is not a new system. It is a system that started first with public utilities. A nominal board was first started as far as I am aware in respect of the Electricity Supply Board which is clearly a public utility that could not be placed for that reason under private enterprise. Not so very long ago the Minister introduced a Bill in this House dealing with the winding up of the Turf Development Board and the starting of Bord na Móna. I think it was stated from these benches at the time that, in respect to the development of turf, if it was to be developed, clearly it had to be developed on a public utility basis by the State. Therefore, I subscribed to that. It is obvious that an undertaking of such magnitude could not be dealt with by ordinary private commercial enterprise.
I do not think of Bord na Móna as anything but a public utility concern. In effect, if it were not for one particular body, I do not think I would have put into this motion the words "nominal boards" at all. I would have left it at "companies". In addition to the Electricity Supply Board and Bord na Móna, another board was set up most specifically, according to the records of the House, for the purpose of regulating the tourist trade. The Irish Tourist Board was set up for the purpose of grading, registering and preventing abuses in respect of the tourist traffic. The Minister when setting up that board took power for it in certain sections to operate enterprises, but made it clear, particularly in the Dáil in 1939, that there was no intention of that happening.
Then we saw comparatively recently the Tourist Board coming along and, through the device of the dummy company, setting up a subsidiary of its own, Fáilte, Teoranta, which deliberately went into commercial enterprises. I still feel very strongly, and I said so on the passage of the last Tourist Traffic Bill, that if there was any justification for that, the proper way to do it would have been for the Minister to go to the Dáil. He could say so openly, rather than having a nominal board promoting a subsidiary in a manner definitely not envisaged by the Minister at the time the Bill was introduced, and in a way, in fact, that the Minister most assuredly implied the powers given would not be used. That is a most specific example of the manner in which, because Parliament had lost control over the funds, that board was able to do something that Parliament had no intention of giving it power to do when the original Act was introduced.
Apart from that question, there was in 1927 a company set up known as the Dairy Disposal Company, Limited. It was set up for a specific purpose. The specific purpose was explained to the Dáil at the time; it was to acquire the Newmarket Creamery and certain other creameries in the South; it was then to pass them over to other control, out of State control; it was to ensure that they would not at that time pass into control outside the country. Above all, it was but a temporary expedient to ensure that, while the State would make the purchase, it would equally pass them on to co-operative societies or some similar private groupings of individuals in the areas concerned. That company was set up 20 years ago, and by its very name, the Dairy Disposal Company, the Oireachtas and the Minister at the time had it in mind that it was to be a purely temporary expedient to get control out of certain hands and pass it on to private enterprise. Twenty years after that the company is still operating as a Government concern. It is operating as a commercial concern, is operating entirely, as far as I am aware, under civil servants; by the same civil servants who to-day are directors of the Dairy Disposal Company, Limited, and to-morrow are responsible for regulating the creamery concerns of all their competitors.
I mentioned already the invidious position of the Irish Tourist Board and Aer Rianta, Teoranta. Exactly the same thing is happening there. We have in the Tourist Board regulations by which hotels in the country will be graded and made to conform to certain standards. At one moment of the day certain people, as members of the Irish Tourist Board, are sitting in judgment on the grading which is to be adopted in respect of visitors to hotels, and the next moment the directors of the subsidiary company are considering how, in competition with other private hotels, they are going to carry on their commercial business. That surely is not a system that presages good for the commercial life of the community.
Apart from that instance of the manner in which subsidiary companies have operated or have been established, I want to refer most specifically to two other cases. The Minister set up a company known as Irish Shipping Limited. I do not want to go into any discussion whatever as to the achievements of that company or otherwise. That does not enter into what is in my mind. What does enter into it is an operation of that company which was carried out some six months ago. Irish Shipping, Limited, as is well known, is a purely Government concern in the sense that the Government owns all the share capital and, therefore, completely controls it. Irish Shipping, Limited, and more power to it, had developed an arm for shipping insurance and some six months ago they decided that the time had come with the end of the war when they could get out of this insurance business. They decided that it was desirable that the insurance business should be transferred to another company. Negotiations were started and were completed by virtue of which the insurance business was transferred to a private company, namely, the Insurance Corporation of Ireland. If there was any justification for public companies going into commercial business it is perhaps to act as what I might term a primer. Irish Shipping, Limited, acted as primer in building up a marine insurance business and then decided, quite properly, to pass it over to the Insurance Corporation of Ireland. It was formally handed over and if that was all that happened I would have no cause for complaint. But what did happen was that Irish Shipping, Limited, while passing over their marine insurance business insisted on being guaranteed that they would be the majority shareholder. They did that and the result is that Irish Shipping, Limited, now holds more than 50 per cent. of the shares of the Insurance Corporation, Limited, and the Government through its nominees in Irish Shipping, Limited, now also control this private concern, the Irish Insurance Corporation, which deals with ordinary business, fire and accident insurance and workmen's compensation.
The Minister may suggest that while they did acquire this control it just came and that it was not control which they proposed in any way to operate but the fact is that the very moment he acquired this control he insisted that the secretary of his Department would be made the chairman of what had been a private concern dealing with ordinary business. Because of the Minister having got this control the position is that yet another private concern has passed into his domain and the secretary of his Department is chairman of this concern. Let me make it crystal clear that I am not passing any strictures, direct or indirect, on the qualifications or the qualities of this secretary. But it does happen that he is secretary of one of the principal Departments of State and I suggest that it is entirely unreasonable for the secretary of one of the principal Departments of State to be the chairman of an insurance company dealing with business of the nature with which it does deal and which must of course have the ordinary dealings with the Department of Industry and Commerce. Under the Insurance Acts insurance companies are bound to make certain returns in certain ways to his Department. However desirable it may be—and again I want to stress that I am not in any way suggesting that the secretary of the Minister's Department is not the most competent person—I do not think it is feasible for any man, even a superman, to act in all these capacities. It is not possible for a person to fulfil the immense responsibilities that must devolve on the Secretary of the Department of Industry and Commerce and to be chairman of a commercial insurance company, director of Irish Shipping, Limited, director of The Irish Assurance Company, Limited, director of Aer Lingus, director of Aer Rianta and possibly a director of the other subsidiary formed to Aer Rianta. I do not know the directors of this company or whether the directors of the parent company are also directors of the subsidiary.
No man, no matter what sort of superman he is, could possibly act on these commercial enterprises and at the same time be secretary of an important Government Department like the Department of Industry and Commerce. We see also in respect of this growth that there are certain people, nearly always the same people, in control of these various boards. I think it is highly undesirable that these people, appointed by the Government as directors of these concerns, are in a position to exercise, if they desire, a stranglehold over the commercial life of the community. They are in a position to do it by reason of the many aspects of life into which the Government have decided that the State shall intervene in commercial enterprise. Consideration of the answer given in the Dáil on the 23rd October last to a question dealing with Government companies shows that again and again the same names are cropping up and that it is the same people who are considered desirable to operate the different angles of our commercial life. We have in consequence about ten people, some of whom are civil servants, who are now in the position of carrying on commercial business as part of their ordinary avocation and in regard to what I may call their extraordinary avocation they are in the position of running State enterprises. And all the advantages lie behind State enterprises in regard to money and power. If a State enterprise requires money it is going to obtain it in a different way from a commercial enterprise, and if it requires extra powers it is going to obtain them in a different way from the ordinary commercial concern. The obvious inference is that it is impossible for them to divorce themselves, when they are State employees, from the fact that they are running commercial concerns. I do not know whether the Minister is of the opinion that this problem has not become a widespread one. I do not know whether he appreciates the number of occasions upon which the State has taken unto itself to go into commercial life in respect of agriculture alone— we have the Dairy Disposal Company, Ltd., the Irish National Stud Company and the Pigs and Bacon Commission, all dealing with some aspect of agriculture.
In respect of the Minister's own Department, we have the two companies which were dealt with quite recently here—Mianraí, Teoranta, and Ceimicí, Teoranta—and we have also the aspect of the Irish Shipping Company taking control of the Insurance Corporation of Ireland to which I have referred. Also, in respect of the other aspect of insurance, we have the State entering not merely into industrial life assurance but into ordinary life assurance. When it became desirable some years ago to amalgamate the existing industrial life assurance companies, whose diversity and overhead expenses were very large, two companies were set up—the Industrial Life Amalgamation Company and the Irish Assurance Company. The amalgamation and winding up was considered a very proper thing, but the future participation by the State in competition with the ordinary insurance company was considered unwise. Therefore, it was hoped that, when the amalgamation and winding up was finished, the new company would be able to take over as an ordinary private commercial concern.
I do not want to weary the House by going over the whole list of concerns in which the State has taken a commercial interest as apart from a public utility interest, but I want to stress with all the vehemence I can command that the Government should be there as the regulator between one private concern and another and if the regulator is also going to be a competitor it ceases to be an honest regulator, no matter what the intentions may be. It is utterly impossible for the directors of the Dairy Disposal Company, Limited, when sitting in their capacity as creamery regulators, to divorce themselves from the position they are in the next moment as the owners of creameries. It must be quite impossible for a civil servant to be sitting at one moment as a civil servant and the next moment as the director of a concern. I am perfectly certain that, as the Secretary of the Department of Industry and Commerce, that civil servant would not approve of the Government entering into the control of a fire insurance office, yet when he is sitting as a director of Irish Shipping, Limited, I can understand it. The two things are not at all compatible and should be completely and absolutely divorced.
There would be no difficulty whatever in the Minister to-morrow determining that the shares of Fáilte, Teoranta, should be put on the market and they would be taken up very quickly and it would become a private concern. The same applies to the shares of the Insurance Corporation of Ireland, which are held by Irish Shipping, Limited. If put on the market in the same way and allotted to the public, they would be taken up, probably at a substantial profit. There should be no difficulty—and this is the final point with which I wish to deal—in the Government determining to-morrow that the Industrial Credit Company should part to the public with any shares it holds that it can part with at a profit. That company was set up to help in underwriting Irish industries by making capital available and passing that capital on to the public and in certain circumstances by giving loans on the lines of the trade loans. That is not the way in which the Industrial Credit Company has been entirely used. It has gone into the ordinary stock exchange market and purchased shares in commercial concerns and used them solely for the purpose of endeavouring to get its own nominees on the boards of those companies, even though the companies were not in need of any capital or assistance and had not ever asked for it.
Not so many years ago, there was a case in court in which the whole machinations of the Industrial Credit Company were laid bare. It was made clear to the court, and to the public who read the report of the case, that the directors of the company took it into their heads that there was a certain commercial concern which it would be very nice for them to control. They gave their stockbrokers instructions that any time any of the shares of that concern came on the stock exchange they were to be bought for the company. In that way, the company acquired a substantial holding in this concern, which never had asked for any assistance and did not want it, which was able to stand on its own legs and was carrying out its own business in its own way. Having bought those shares in that way, suddenly at a general meeting of that company, the Industrial Credit Company canvassed the shareholders to see whether they would be able to get the other shareholders to support a nominee of the Industrial Credit Company as a director of the company in question. If the Minister thinks that that is a proper utilisation of the funds voted by the State to finance Irish industry, I am afraid he and I must sadly differ. It is another example of powers being given and being abused.
There should be no necessity, except purely for priming, for the State to intervene in ordinary commercial enterprise and, in the instances I have mentioned, the necessity for that priming has passed. There is ample capital ready, willing and anxious to take up shares in those concerns and by virtue of which the concerns would pass into proper Irish, commercial, competitive ownership and cease to be the monopoly of the State. That would put an end to these dummy companies through which control can be exercised from the top, right through the whole of commercial life, in a way that could impose a tyranny such as very few of us here can visualise.