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Seanad Éireann debate -
Wednesday, 25 Feb 1953

Vol. 41 No. 6

Sir Patrick Dun's Hospital Bill, 1953. - Trade Loans (Guarantee) Bill, 1952—Second Stage.

Question proposed: "That the Bill be now read a Second Time."

The Acts give the Minister power to grant loans to industrial concerns for development purposes. The first Act was passed in 1924 for a period of one year only, but it was renewed when it expired and after being extended in scope in 1933, has been continued for five year periods ever since. The most recent extension of the life of the Act took place in 1949, so that it is not due to expire until 1954.

By the Act a limit was placed upon the aggregate amount of guaranteed loans that might be outstanding at any one time. That limit was £1,000,000. At present, the aggregate amount of loans outstanding is over £800,000 and, as there are some substantial applications in train, it is desired to raise that limit to £1,500,000. That is the purpose of this Bill.

It is also proposed that the Act be continued indefinitely as to time. As it has been in operation for practically 30 years, and been extended each time the limit was reached, it is be assumed that it is now a permanent part of the legislation of the State. The purpose of the Bill is to raise the limit on the aggregate amount outstanding from £1,000,000 to £1,500,000 and, secondly, to continue the operations of the Act without any limitation in respect of time.

I think it can be said that some substantial benefit has been conferred on the country by the operation of the Act. The 1924 Act was the first attempt made by the Government of this State to assist industrial development and, even though the earlier cases helped under it were not all successful, and the Act became less important with the establishment of the Industrial Credit Company, nevertheless some useful results were secured. Guarantees in respect of loans were given in respect of 109 undertaking from 1924 to this date. Of these 109 guarantees, in 70 cases the loans were repaid in full and in 12 cases the loans are still outstanding.

Three of these cases are public authorities that sought guarantees in respect of loans for harbour works. In 27 undertakings involving guarantees totalling £602,000, receivers have been appointed. The mere statement of the number and amount involved may give a somewhat false picture of the position. Of the total aggregate guarantees in cases where receivers have been appointed, one case alone, that of Irish Steel, represented one-third of the total, or £200,000 and, as the House is aware, when the original private company went into liquidation and the State took over the undertaking and paid off the loan, it carried it on and now there is a very substantial and profitable industry in Haulbowline, in consequence.

It is much the same in respect of the second largest guarantee, a loan to the Peat Fuel Company which established the manufacture of briquettes at Lullymore in County Kildare. Again, when the private company got into difficulties and the State paid off the loan and exercised its right to take over the undertaking, it passed it over to Board na Móna, which is now carrying on a very successful and profitable business there. There are very few cases where there was a total loss and the amount involved in these cases is more than off-set by the additions to the value of the assets where the concern was either carried on by the State or disposed of to other people who restarted and developed the undertaking for which the loan was given.

On the whole, it can be said that the Acts have justified themselves and it is desirable to continue them in existence and to permit of the consideration of further applications by extending the limit which must be extended unless future applications are to be turned down automatically.

I have not had much experience of this Act recently but in the past I had a certain amount of personal experience. I am prepared to endorse almost entirely what the Minister has said. He, of course, has more knowledge than I have. I agree that something of this kind should now be permanent. The Trade Loans Act should be continued. I agree that guaranteed loans should be regarded as of a permanent nature, as a necessary part of the policy of the State upon which there is no fundamental disagreement although there may be disagreement in details. At the same time it is a mistake to regard this as being very important. The total sum of money is relatively small. It does not suit in cases of substantial development. For private individuals it has snags because of the provisions which were always applied with regard to capital repayment. It is rather dangerous for an industry, unless in exceptional circumstances, to have a large part of its capital subjected to repayment over a fixed period of time. These are drawbacks but as the Minister has pointed out in spite of that there have been cases where it proved very helpful.

In one case to my knowledge it was of very great assistance to a company which became successful and repaid the loan after a few years. At the particular time the company would probably have had difficulties in obtaining a loan without a Government guarantee. There is no doubt that the House should approve of the Bill. I take it from the Minister that there are a number of cases pending.

I thought the necessity for these loans was largely disappearing and dying out but I think the Trade Loans (Guarantee) Bill should be maintained even if that is so in respect of the very few persons or companies who think it advisable to use it. With regard to the couple of cases which are pending, I know these are not matters which should be made public but I rather gather from the Minister that the sums are fairly large and I do not know whether he could make any statement with regard to the rate of interest. It seems to me that it is not going to be very good business in most cases to borrow under the Trade Loans (Guarantee) Bill if you have to pay 5 per cent. or 6 per cent. and also make provision for repayment. However, that will be a matter for the individuals concerned and for the Minister in dealing with it. I do not think in present circumstances that there is going to be a great deal of use made of the Act. Nevertheless I approve of the Bill.

I am glad that Senator Douglas gave his support to this Bill and I am glad to give it mine. The Act has never had any wide appeal to the private industrial speculator as such. Nevertheless, the Act does fill a particular need in peculiar circumstances. The Minister pointed out that over the last 30 years industrial concerns had been glad to avail of the sums of money available even with the restrictions imposed when the loan was granted. The Act does provide something that would otherwise leave a gap in our industrial economy. I think the Act should be continued and I give my support to it.

I have just a word or two to say. Some short time ago I was approached by a certain group who were interested in receiving some additional capital for an enterprise. I was told that the procedure under this Act was so difficult and tortuous that people who looked for loans should try any method other than looking for additional capital or security under the Trade Loans (Guarantee) Act.

I would like if the Minister could in any way make the procedure less difficult. I believe that some form of an inter-departmental commission is to be set up to sit on each case that is put before them. I may be overstating the case when I say that the business may have gone out of operation before this commission will report. If the Minister can see his way to streamline their action in such a way that they could receive the capital they would require more expeditiously I think he would make the Act a more effective piece of legislation.

I would like the Minister to tell us what exactly is the actual loss so far. It seems to me that the sum of £200,000 from Irish Steel was not an actual loss and neither was the figure given in respect of the Lullymore Fuel Company which was the second largest losing amount. The assets in both cases were transferred to other companies. I would like to know in so far as it is possible to do so what the actual loss on all loans was since the Act came into operation.

This Act is one which was born directly out of the Sinn Féin movement. As such it is an Act which everybody here must support if for no other reason. It was brought into being at a time when we were dreaming of new industries and when it was thought that people, who might be deserving of financial support for the establishment of such industries, could not get it easily through the ordinary commercial sources such as banks. It was then that the Trade Loans Act was devised.

Unfortunately, the Trade Loans Act has become involved in very difficult procedure. To-day I think it is not as attractive to potential industrialists as it might be made. It is hemmed around by all sorts of difficulties and administrative practices which have grown up over the years.

I should like to re-echo Senator Burke's appeal that this procedure might be simplified. Where a good proposition is put to the Minister and where the people behind the proposition are people of integrity and worthy of support, all these difficulties should not be put in their way. Since the original Act was devised and approved, other methods of financing industries have been devised and some of them are being used more now. These are subsidiary organisations all working indirectly under Government control. I presume that to some extent they have interfered with the fuller operation of the Trade Loans Act.

There are still numerous opportunities for industrial developments and it might be worth while to publicise the fact that the Act is in being and that money is available to people for its operation. I think that the public generally think that the Trade Loans (Guarantee) Act is dead and that it is very difficult to make an application under it. Consequently, it is not being availed of as much as it could. I would like to re-echo Senator Douglas and Senator Summerfield's views. I saw Senator Hayes looking at me when I said the Trade Loans (Guarantee) Act was a Sinn Féin Act. I can assure him it was. It came into being during the 1918 period.

Of course, the State is a Sinn Féin project too.

With regard to the amount of the actual loss it is very difficult to give a figure. It is very largely a matter of opinion. As I said, the aggregate amount of loans guaranteed in cases where difficulties emerged and the State exercisd its right to put in a receiver was £602,740. The aggregate amount obtained in cash from the disposal of the assets, where the assets were disposed of, was £157,500 so that on that basis you could calculate the loss as £445,000 That, however, would be a false picture. Included in that £445,000 would be, for example, the £200,000 paid in respect of the loan guaranteed to Irish Steel, Limited. There the State paid off the loan, took over the company and carried it on.

It is an undertaking now established without liability in respect of share capital, but with assets in excess of £1,000,000. In that one case alone, the actual benefits resulting from the giving of the loan would exceed the total loss on all the other undertakings.

The same thing applies to the peat fuel undertaking, and in other cases where the State did not become involved in the business. I will mention two or three which I think will illustrate my point. The original Irish Glass Bottle Company went into liquidation and the State had to make good its guarantee to the extent of £50,000 and then disposed of the assets to a new company which restarted the undertaking and is now operating one of the largest industries in Dublin. The same applied in respect of other companies like O'Brien Brothers of Cork and Mullan Mills of Monaghan where, even though the original company got into difficulties and it went into liquidation, the State ultimately disposed of the assets to a new firm which carried on the undertaking and made a success of it. There were a few cases where from the State point of view there was an absolute loss, such as Aylesbury Brothers, the Cloyne Clay Company and the Allihies Copper Mines.

Even amongst such cases, we had the case of the Irish Fresh Meat Company, which established an elaborate premises in Drogheda with the aid of a trade loan but never went into production, yet the premises themselves now house three or four manufacturing concerns of quite considerable importance. Any attempt, therefore, to assess the actual loss would be a difficult matter. There are cases involving a total of £127,000 where willingness to give a guarantee has already been intimated. Some of these cases may be in abeyance. The reason why they are still regarded as pending cases may be due to the fact that the persons seeking the guarantee for a loan either have decided not to proceed with the enterprise or have succeeded in raising the money otherwise and do not require the guarantee. I understand there are some cases pending involving substantial amounts. I am not saying they will be successful in their applications but unless this amending Bill is passed we would not be free to consider them.

With regard to the question I have been asked about the rate of interest, I would like to state the position. The Government guarantees repayment of the principal of the loan and payment of interest on it up to 2½ per cent. The person who gets that guarantee, that formal intimation from the Department of Industry and Commerce that the Government is prepared to guarantee the loan, goes out into the market to negotiate the loan on the best terms he can get. He goes to a bank, an insurance company or a private individual and tries to get his loan financed on the best terms possible. Whether he pays interest at 4, 5 or 6 per cent. the guarantee operates only in respect of 2½ per cent. The person making the loan stands to lose if interest is not paid to the extent of the difference between the interest contracted and 2½ per cent.

It is true, as was stated, that the Act makes no wide appeal to persons proposing to engage in new industries. It is not intended that it should. It is obviously desirable that anyone proposing to embark on an industrial enterprise should seek to finance it either out of his own resources or by capital subscribed at risk and not on the basis of a repayable loan. It is only in exceptional cases that they should be encouraged to seek capital on the basis of a repayable loan. These cases sometimes involve concerns which are operated on a family basis and where there is a desire to prevent it passing out of the hands of the family, which might be involved if money at risk were brought in from outside. There are other cases where some special consideration applies to make it desirable that the new capital should be repaid over a period of time. For example, for some time past we have been trying to get factories located in turf producing areas to use truf as their fuel, and in many cases we have been able to demonstrate—or at least Bord na Móna has been able to demonstrate, through its technical service branch—that it would pay the concerns they have approached to change over to turf instead of coal or fuel oil.

Occasionally they come up against the difficulty that the proprietors of the concerns say that while it is true it would ultimately pay them they would unfortunately have to incur the capital cost of new equipment. In such cases we would suggest the desirability of utilising the Trades Loans Guarantee Act, getting the guarantee for the additional capital required to effect the change over, intending to repay it over a period of years so that the total capital liability of the concern would not be permanently increased.

I do not know that it is possible to improve the procedure and I am not sure that it is desirable to streamline it. The tendency should be to discourage people from using this Act if they can get the money in other ways, but the procedure is not as cumbersome as someone has suggested. There is an advisory committee by which all applications are considered and in practice the decision of the advisory committee is nearly always final, even though it takes the form of recommendation to the Minister for Industry and Commerce which the Minister may or may not accept and whose decision has to be concurred in by the Minister for Finance. At the present time, consideration of the case by the advisory committee does not take very long. At one time it used to take more time because there were a number of these committees and it was not always easy to get members together for the purpose of considering applications. Now the members of the Industrial Development Authority are the advisory committee and that shortens the procedure at that stage very considerably.

When the committee has made its recommendation there is not much time lost between that stage and the final intimation of willingness to give the guarantee. It is at that stage that delays have occurred and they are delays which are not under the control of a Government Department but arise out of the whole method of raising the capital by this means. The borrower, having got his guarantee, goes off to get his loan and then a mortgage deed has to be prepared, which secures to the Minister for Industry and Commerce his right to take over the assets in the event of default on the loan. Deputies familiar with legal procedure know that it sometimes takes a considerable time before that deed is drawn up in a manner which is acceptable to the borrower, the lender and the Minister whose rights are to be secured. Nevertheless, I must say that in the few cases where I had complaint of delay and carried out investigations, I did not see what else could be done. In view of the desirability of maintaining safeguards where public money is involved, it did not seem to me possible to drop any of the stages which the present procedure involved. On the whole, I do not think that people whose circumstances require them to avail of this Act have been deterred from attempting it by reason of these delays.

Question put and agreed to.
Agreed to take the remaining stages now.
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