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Seanad Éireann debate -
Wednesday, 13 Nov 1985

Vol. 109 No. 12

Joint Committee on Commercial State-Sponsored Bodies: Motion (Resumed).

Debate resumed on the following motion:
That paragraph 1 of the Orders of Reference of the Joint Committee on Commercial State-Sponsored Bodies, constituted pursuant to the Order of Dáil Éireann of 21st June, 1983, and the Order of Seanad Éireann of the 29th June, 1983, be amended by the deletion of all words after "Bodies)" where it first occurs and the substitution therefor of the following:—
"to examine—
(a) the Reports and Accounts and overall operational results, and
(b) in the light of the reports published pursuant to sub-paragraph (a), the common issues relating to Board responsibility, structure and organisation, accountability and financing, together with the relationship with central Government and the Houses of the Oireachtas
of State-Sponsored Bodies engaged in trading or commercial activities referred to in the Schedule hereto and to report thereon to both Houses of the Oireachtas and to make recommendations where appropriate."
—(Senator Dooge.)

I welcome the opportunity to resume the debate on this motion which we last discussed here early in May. I welcome the motion itself. The purpose of the motion, as I understand it, is to extend the power and the mandate of the Joint Committee on Commercial State-Sponsored Bodies in relation to their examination of the performance of the commercial State-sponsored bodies concerned.

I would like very much to compliment the joint committee on their work to date and indeed on the many reports that they have issued. Their work and the reports proved beyond any question the need to examine and report on the performance of commercial State-sponsored bodies. Furthermore, the work of the joint committee has heightened public awareness and interest in this matter. I regret to say that, coupled with some unhappy results from some of the bodies in question, public interest in this area is at a level which had not been reached previously.

I also welcome the motion as it is an indication of the commitment of the Minister and the Government to respond to the request from the Joint Committee on Commercial State-Sponsored Bodies to extend their powers of examination. It is also evidence of the Minister's commitment to ensure that there is more control and accountability on the part of these bodies.

The Minister indicated that the Government in their White Paper on Industrial Policy had decided to ensure that there would be better control and that overall examination would be exercised by them of the operation of these bodies. The White Paper on Industrial Policy indicated a number of steps being taken by the Government to ensure that there would be more effective control in this area.

Briefly, I refer to a number of points which emerge from the White Paper. First, the decision of the Government in relation to corporate planning by commercial State-sponsored bodies includes the five year rolling corporate plan in respect of the activities, the achievements and the work of these bodies.

Secondly, it includes the commitment to improve monitoring of State boards by the Government. Enshrined in the second commitment is the decision that the performance of each particular body will be subject to regular review by the Minister concerned.

There is another welcome improvement contained in the White Paper which refers to the improved procedure for the appointment of people to State boards. There is a very clear indication there of the Government's commitment to obtain among the appointees to these bodies people possessing the proper skills and expertise for the job required of them. I welcome this. This is the measure that should have always been applied to appointments to State boards and bodies, particularly in the commercial field. Too often in the past we have had the unfortunate experience where some of the appointees were selected as a reward for their efforts in other fields far removed from the duties they were expected to fulfil in their new role. Therefore, I compliment the Minister on taking that decision because in the future it will be people with the proper skills, experience and expertise in related fields who will be selected and nominated for appointment to State boards.

There is another point in the White Paper which I also welcome. That is the creation of machinery for better monitoring and control of investments by State boards. All these represent determination on the part of the Minister to ensure that we get better performance and better results. Commercial State-sponsored bodies are owned by the State and they are responsible to the taxpayers. Their contribution, if they are successful in achieving their appointed objectives, can indeed be enormous. Their need to be successful is crucial, particularly for the economic wellbeing of the country and for the benefit of so many people who are dependent on, or are involved in, or have a certain interest at stake in the fields in which these bodies operate.

Equally, the risk of failure can be devastating. I regret that we have had some unhappy examples in this area in the past. I will refer to one or two of these events, but first of all I feel that I should recognise and acknowledge the success and excellent performances of some commercial State bodies. I had the experience a number of years ago of being on the board of an Bord Bainne representing milk suppliers in its early days. There can be no doubt that that organisation inherited a very difficult situation and within a relatively short period succeeded magnificently in bringing about progress and success in that field.

It would be right to acknowledge also that, as a board member, I could easily see that the success Bord Bainne achieved then was largely related to the calibre of the people they had at management level there. When we look at State boards, that is one of the factors which make for success or failure—the capacity and the ability of the boards in question to attract to top management people with the capacity and the enterprise to achieve the results that are necessary. I had firsthand knowledge of success in that board. There are others who have done a magnificent job for this country, a magnificent job for many people who depend on the success of these boards. Many of them filled a void that would not otherwise have been filled but for their creation and successful operation. Unfortunately, some have been less than successful and it is these less than successful ones which often attract most attention—and I suppose rightly so.

In relation to some of these bodies there appeared to be a certain reluctance to co-operate fully with the joint committee in its examination. That, of course, is a cause of major concern. It is recognised here and it is recognised by the Minister that so long as commercial State-sponsored bodies are in the ownership of the State and are responsible to the taxpayers there can be no question about their obligation and their duty to co-operate fully and in every way with a joint committee appointed by the Oireachtas to oversee and examine their operations. Where commercial State-sponsored bodies have been in difficulty it has, as far as can be established, almost always been as a result of a bad decision at board level or at management level. I want to emphasise that where that is the case responsibility must clearly rest where it belongs and the standards of the commercial world must apply within the commercial activities of State-sponsored bodies. We cannot under any circumstances tolerate the avoidance of responsibility by those who are responsible for bad decision making, which in some cases has resulted in the imposition of substantial financial burdens on the State and, through the State, on the taxpayer.

Many of these bad commercial decisions taken by these bodies have been inspired by a desire to engage in empire building. That is apparently done in the knowledge and the belief that if things go wrong the taxpayer is always there as a fallback, and the Government are always there and available to bail them out in these situations. We must have reached the end of the day as far as that attitude and that mentality is concerned. Responsibility for bad decision making must in future rest where it belongs, particularly if such decisions, as would appear to have been the case in the past, have been taken without full consultation with either the Department, the Minister or the Government.

I want to emphasise precisely what I mean. Where bad decision making has resulted in substantial losses being incurred by the board in question and where the State and the taxpayer have been called upon to bail out that particular organisation, then the board of that company should be fired and, if necessary, top management with it. It is only when we indicate that we are prepared to take that kind of attitude that we can insist and ensure that the standards of the commercial world will prevail within the realm of commercial State-sponsored activities.

I know it is easy to be misunderstood on this point and it is easy to go overboard on it also. Therefore, I want to say that I am not advocating day-to-day interference by any Minister of any Department in the activities of these boards. If you start out on the basis, where these bodies are concerned, that their objectives and their obligations are clearly defined and that the frontiers of their decision-making are equally clearly defined, then if the bodies live within these objectives interference should and can be held to a minimum. I draw the line in relation to substantial policy changes being made by boards within the semi-State field and substantial investment decisions being made without consultation, without reference or advice from the Minister responsible or the Government.

I hope we have reached the stage where we can look forward with confidence to a situation within the State commercial field or the semi-State commercial field where we will not have to contend with any further disastrous investment decisions.

I conclude by saying that I welcome the motion. I welcome the attitude and the response of the Minister and the Government to the request of the Joint Committee on Commercial State-Sponsored bodies and I commend that committee for the excellent work they have done to date.

I believe that the Minister has the unanimous support of this House in making any changes that will help towards better answerability, better accounting and better commercial approaches being operated by all the State commercial companies. In the past few years the Government have spent as much as $10 million on the planning, design and quantity surveying of projects which never went ahead. I am not going to enter into the question of whether certain projects should or should not have gone ahead but I merely want to make the point that in the planning of Government activities there has to be something fundamentally wrong when that kind of figure can be spent on planning and designs where the projects are subsequently abandoned.

I do not want to enter into a question and answer session but it is clear that the Minister will know very well that I am talking about a number of projects involving some decentralisation and the building of Government offices in regions——

They are not semi-State bodies.

I am developing the point, if I may — in regions throughout the country where this would have benefitted the economy of these regions. When that happens as far as Governmental control itself is concerned, I am not so sure that it augurs well for the future. Senator Howard referred to the composition of the boards and the fact that some State organisations have made—and we all agree — fairly serious mistakes in terms of investment; but I think it has to be spelt out that there is a social factor in a number of the activities being engaged in by State organisations. I mention Córas Iompair Éireann as one; one could mention others. I think we have clearly to define what is the social factor and what help the Government give towards these facilities.

For instance, here in Dublin city the latest loss figure I have is something like £20 million in respect of the provision of the bus services in the most densely populated part of the country. That is subsidised by the community as a whole, and obviously these services cannot be provided all around the country, but at the same time people who do not have any access to these services would like to know to what extent the State is prepared to support commercial State enterprises which have a social content and which need to be maintained because private enterprise would not become involved. It is necessary that that would be quantified.

The second issue is that there has been down through the years a certain amount of political interference in the management and the running of these companies. Some of the interference has been very necessary but obviously at times it has not been too healthy. I would like to compliment the chairman and the members of Bord na Móna on their recent intervention which enabled the board to continue without the lob losses which were about to become a reality in parts of the midlands and other regions in the country. Bord na Móna have been an excellent example of how the State can become involved in this area. They provide employment where there is little prospect of alternative employment. In this context I would like to ask the Minister if there are any plans for diversification or involvement of Bord na Móna in the waste bogs that are now available and which would enable the board to maintain employment particularly in the regions that I have already referred to.

With these few comments I would like broadly to welcome this report. It is important that we have an opportunity here from time to time to monitor the development of State or semi-State commercial enterprises. They have over the years provided excellent services and very useful employment. At the same time, when there are tight Exchequer constraints it is very necessary that the taxpayer is assured that the maximum benefit is gained from the finance which is being provided by the Government for this purpose.

I would like to thank the Senators for the debate on this motion which is a relatively simple one. It is concerned with amplifying the powers and responsibilities of the Committee on semi-State bodies. At the moment that committee has a listed number of bodies to investigate individually. My proposal before both Houses of the Oireachtas at the moment is that in addition to investigating individual bodies they should in the light of their experience with such bodies, which is now quite considerable, be empowered to make general recommendations about State bodies in general — not in addition to the specific ones about specific bodies —as to their board structure, the organisation and accountability of the bodies, their relationship with central Government and the Houses of the Oireachtas.

I would like to acknowledge a number of points that have been made in this debate. First, it is common cause that people selected for board membership should be of the highest quality. Senator Howard made a valid point that if these people make serious mistakes they should be fired just as is done in the private sector when the same thing happens. But there is a problem with this. When many of these boards were founded the scale of fees was on a par with those set for people accepting similar responsibilities in the private sector. While the fees in the private sector have increased in line with inflation and incomes generally, the fee maxima set in respect of the State boards have been kept virtually at the same cash level as they were set at 20 or more years ago when many of these boards were established. That means that in real terms over the last 20 years we have quite dramatically cut the level of financial recognition given to people who take on the responsibility of being part time directors of State companies and many of them have heavy responsibilities elsewhere in their own business or other careers.

I know that it will be argued that many people will take on such responsibilities in a spirit of public service in much the same way as people sit on a voluntary basis, say, on committees of inquiry. On the other hand, that is not the basis on which people accept board responsibility in the private sector. They do not accept it out of a spirit of public service or because of the good lunch they get every first Monday of every month. They accept it partly for the financial benefits that accrue to them from being members of boards. If we want to treat State boards and State directors on an equivalent basis with those in the private sector obviously the present scale of fees has got to be examined. However, it is a moot point. Some will say that intrinsically public sector companies are different from private sector companies and that people are prepared to work for the public weal on a different financial basis than they would be prepared to work as directors for a private company for the private profit of the shareholders.

There are two views about it. One view is that we should update the fees in line with others in the private sector; and the other is that if people were to seek positions on State boards for the financial rewards we might not necessarily get the best people on State boards. On the other hand, if one is to take the view that if you go on a State board and by so doing you are taking the risk of being fired, and if you are in business and you are a director who is fired, that does affect adversely the willingness of other companies to seek your services as a director in other private companies. Likewise, if you are a director of a public sector company and are, as Senator Howard suggests, fired, that is a financial loss. At least, that risk is a risk of a potential financial loss for which you should be remunerated while you serve, as a form of reinsurance against the opprobrium that may be applied if perchance one made the wrong decision.

There are a number issues to be considered here. In responding to Senator Howard, I do not think it is simply enough to look one side of the question without analysing both the reward of the remuneration of directors and the amount of time they are able to devote to voluntary work. People have got only so much time for voluntary work in the course of their business lives, if serving on a State board is to be considered volunatry work. If you are going to adopt the more muscular approach to State companies and their directors, as Senator Howard advocates, you have got to look at the other side as well, I am glad to be able to tell the Seanad that that is being done. As a result of the initiative announced in the White Paper on Industry Policy, a review has been undertaken of the remuneration of part time directors of State companies. I have not seen the results of this review yet. It has been undertaken on an expert basis in the Department of the Public Service. It will be coming before the Government in the relatively near future. I cannot foresee what the decision will be, but I am sure the review will take account of all the factors I have mentioned and also the factors mentioned by the Senators in this debate.

Senator Conway suggested that State body accounts instead of being handled by private auditors should be dealt with by the Comptroller and Auditor General in the same way as the accounts of Government Departments. My advice is that this would impose an impossible wor-load on the Auditor General's office. While this is something that could be argued about, at least there is something to be said, if these are commercial concerns, for having their accounts audited in the same way as other commercial concerns have their accounts audited rather than having a separate body with a more public service ethos than a commercial ethos doing the job. My tendency would be to disagree with what Senator Conway had suggested. Nonetheless, he has a point. Having one auditor audit all the bodies would ensure a greater degree of uniformity of treatment then having each of them with their own separate private auditor who may have some differences between the approach adopted.

Senator Conway also suggested that the chairman of the joint committee should be given the status of a junior Minister. I presume that means all the other accoutrements that go with that position. I am sorry to be disagreeing with Senator Conway in his absence. His contribution was a very thoughtful one that warrants a response. The difficulty in that is that to single out one member of the committee, namely, the chairman, for very special status with a large salary, while all the other members were virtual amateurs who had to spend all their time in their constituencies with no similar aid, would be to personalise the work of committees in one person whereas committees operate on a collegiate basis. I do not think that suggestion would be a good one either.

The Senator also argued that the committee should have the power to subpoena people to come before them to give evidence. That comment was also reflected in Senator Howard's remarks. The position is that some committees have been given the power in their terms of reference to send for persons, papers and records. The sad fact is that, as of now, that power is legally unenforceable. There is no bailiff available to this House to go out and drag people screaming before committees.

There is an argument in certain circumstances for giving the committee power, not just in name but in practice, to get people before it. As of now there is doubt as to what privilege in terms of immunity from action for defamation or slander would be available to witnesses appearing before committees if they did come on foot of such a binding summons. Until we sort out the immunities of witnesses before committees it is not going to be possible to deal with the enforcement of orders to appear. Both matters are being dealt with, therefore, in single piece of legislation on which discussion is currently taking place with the parliamentary draftsman, the heads of the Bill having been approved by the Cabinet. I hope that it will be possible to introduce this legislation either before Christmas or shortly afterwards in order to settle the powers of the committees more definitively.

I agree with Senator Smith on the need to define the social factors in State bodies, It has to be spelled out that there is a social factor in the activities of any State companies. I emphasise the words "spelled out". There is no point in saying they have a social responsibility unless that responsibility is clearly financially differentiated from their commercial responsibilities. In the case to which the Senator referred, namely, CIE, my understanding is that the Minister for Communications, who happens to be in the precincts of the House at the moment, has done just that. That is a major step forward in what is the biggest and most important of all State bodies in terms of its ramifications. The advice Senator Smith was giving has, perhaps it is fair to say, been taken before he gave it. That does not invalidate the advice in any way. May I thank the Seanad for its customary courteous reception for this motion, and also you, Sir.

Question put and agreed to.
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