Nítrigin Éireann Teoranta (NET) is the holding company for the State's 51% shareholding in Irish Fertilizer Industries Limited (IFI). The remaining 49% of IFI is owned by Imperial Chemical Industries plc (ICI).
The main purpose of this Bill is to provide for the transfer of liability for the historically accumulated State guaranteed debt of NET to the Minister for Finance and to enable the Minister for Finance to delegate responsibility for the repayment and/or management of this debt to the National Treasury Management Agency. An amendment to the First Schedule of the National Treasury Management Agency Act, 1990, is necessary in order to provide for the delegation of this function.
The Bill also provides for legislative changes which could be made by ministerial order in the event of the winding up of NET. These legislative changes include the repeal of all previous NET legislation and the removal of the applicability of the Worker Participation (State Enterprises) legislation to NET.
NET's State-guaranteed borrowings are currently in the region of £194 million. NET was established in 1961 as a State-sponsored company to manufacture nitrogenous fertilisers at Arklow. The company started in a relatively modest way but expanded to the stage where after the completion of the Marino Point plant in Cork in 1979, it was at that time one of our largest chemical manufacturing companies, employing over 1,500 employees.
By the early 1980s it was 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. In order to provide a more secure future for the business, a joint venture was formed with Imperial Chemical Industries plc. in 1987, whereby NET's fertiliser businesses at Cork and Arklow and ICI's Richardsons Fertilizer business at Belfast were transferred to the new joint venture company – Irish Fertilizer Industries Ltd. – which became the manufacturing company. Under the joint venture arrangements, NET took a 51% shareholding in the new company, with ICI taking the remaining 49%.
As part of the joint venture agreement, NET's old core capital debt, which was £164.6 million at September 1987 and most of which was guaranteed by the State, was retained by NET in its new role as a holding company for the State's 51% shareholding in IFI. Since 1987, NET itself no longer has a manufacturing role and its primary activity has been the management of its debt portfolio as well as managing a gas contract and monitoring IFI. The gas contract expired at the end of December 1999.
At the time of the joint venture agreement in 1987, 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. NET already had a long-term gas contract in place with Bord Gais Éireann under which NET purchased gas from BGE. The old accumulated NET debt of £164.6 million had remained with the holding company NET, with the intention that NET would service the borrowings from its income from profits on the sale of gas to IFI and also from dividends from that company.
However, the combined income accruing to NET from its profits on the sale of gas and from dividends from IFI has been insufficient to cover fully the interest payable on the retained debt. 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 to their current level. Also, the gas agreement with IFI expired at the end of 1999 and NET, therefore, no longer had income from this source to service the debt. NET has carried out its debt management role in a most professional manner over the years and has always sought to obtain the best cost of funds available.
Both Imperial Chemical Industries plc (ICI) and the State have offered for sale their shareholdings in IFI. Following the decision by both shareholders to seek to sell 100% of IFI, two indicative offers were received in 1999. Howeve,r 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 for Finance 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 of the Bill reflects that maximum amount. Section 3 provides for an amendment of the First Schedule to 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. I should explain here that 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 were to dispose of its shareholding in IFI, there would no longer be any rationale for IFI employees to be elected to the board of NET.
Section 6 provides for the repeal of all of the 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. 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, 2001.
I am confident that this Nítrigin Éireann Teoranta Bill, 2000, will commend itself to the House and I recommend it for approval.