Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

COMMITTEE OF PUBLIC ACCOUNTS díospóireacht -
Thursday, 27 Feb 2003

Vol. 1 No. 10

2000 Annual Report of the Comptroller and Auditor General and Appropriation Accounts.

Vote 40 - Department of Social and Family Affairs.

Is it agreed that we dispose of chapter 11? Agreed.

Paragraph 36 of the Comptroller and Auditor Generals Report reads:

Irregularity at Branch Office

Unemployment payments are administered through a network consisting of 58 Social Welfare Local Offices and 69 Branch Offices. The Branch Offices are under the control of Branch Managers who are employed under contract to the Department. In accordance with the conditions of their appointment they are required to provide suitable premises and such clerical assistance as may be necessary for the satisfactory performance of the work of the Department.

Up to the end of 2000 the Department required Branch Managers to provide a fidelity bond with an insurance company requiring the company to reimburse the Minister up to an agreed amount for losses arising from fraud, dishonesty or negligence on the part of the Branch Manager. This requirement has since been dropped due to the fact that no cash is held or dispensed in Branch Offices and also because some Branch Managers encountered serious difficulties in obtaining the necessary insurance cover.

An apparent irregularity came to light after a social welfare client of a Branch Office, who had recently returned to employment and was receiving a payment under the Back-to-Work scheme, had his case reviewed by the Social Welfare Local Office to which the Branch Office in question reported. On the face of it, the recipient had been substantially overpaid Unemployment Assistance and, when notified of this, contacted the Local Office. On 6 May 1999 he made a statement to Department officials that the records of the Branch Office showed a payment as having been made to him whereas in fact no such payment had been made. Department staff identified three payments made on the same date as the payment to that recipient which they regarded as being potentially suspect.

The Department established a team to investigate the Branch Office. The investigation concentrated on cash Unemployment Assistance payments made in the period up to the introduction of the computerised Integrated Short Term Schemes (ISTS) system to the Branch Office on 23 February 1999. The introduction of the system abolished cash payments in the Branch Office. The team undertook a partial audit as a full audit of all cash payments was beyond its capacity because of resource implications. The team was hampered in its work because a fire in the Branch Office on 25 April 1999 destroyed what was purported to be practically all local documentation supporting payments and a significant number of lapsed files.

The team's report revealed that

- The average payment per recipient before ISTS was introduced to the Branch Office was 15% higher per week compared to an average payment per recipient after the introduction of ISTS. It was estimated that this highlighted a difference of approximately £99,000 in the preceding twelve-month period.

- A comparison of Unemployment Assistance cash payments in the 14 weeks before ISTS was introduced with two similar sized Branch Offices in the region showed that payments at the Branch Office under investigation were 25% and 18% higher than the other two.

- Forty six recipients were prepared to give evidence that of £66,538 recorded as having been paid to them only £9,622 had in fact been paid

- The team identified several irregularity patterns including the addition of days to casual claimants, once off payments to clients in receipt of normal payments, non-refund of Supplementary Welfare Allowance to the Health Board after an Unemployment Assistance claim was awarded, apparent forging of signatures and closing claims late after a client had signed off.

- Irregularities went back to the earliest month that the team examined after the Branch Manager's appointment and that there was evidence that there were some questionable payments made during his period as Deputy Branch Manager.

- The full extent of the apparent fraud could not be established from the limited investigation but based on the work to date it was estimated that the full figure could be in excess of £200,000.

In response to my enquiries the Accounting Officer informed me that

- the payments in question were made in a pre-computerisation or "cash" environment and did not come to light until after the Branch Office went live on the ISTS system at the end of February 1999. Cash payments are no longer made in the Department's offices and unemployed persons generally receive their payments at post offices on foot of information provided electronically by the Department.

At the conclusion of the investigations in the Branch Office, details of 50 cases including full supporting documentation were given to the Gardaí to pursue the summary/criminal aspects of the alleged fraud. The sum involved in those cases was just over £80,000. Following completion of the Garda investigation, the cases were sent to the Director of Public Prosecutions for instruction. The matter is now before the courts. The Department is currently awaiting legal advice on the options available to pursue recovery of the moneys. Any amounts due under the fidelity bond will be pursued.

The Accounting Officer pointed out that the team which carried out the investigation comprised Department staff from the Regional office under the leadership of the local Area Manager and was not an Internal Audit team as such. The team carried out some exercises to try to get a feel for the level of irregularity which might have been involved but acknowledged the difficulty of doing so. The estimate they did come up with was very tentative and was acknowledged by them to be so and any conclusions based on it can only be regarded as speculative. The Department does not consider it practical to carry out further investigations of cash payments because of

- Non-availability of certain records which would have been destroyed,

- Use prior to the introduction of ISTS of Qualification Certificate numbers as against PRSI/PPS numbers, making it more difficult to link Unemployment Assistance payments to customers,

- Problems of recall given the passage of time bearing in mind that it would be necessary to interview claimants for their recollection of events.

The Accounting Officer stated that revised procedures for local office staff who conduct inspections at Branch Offices were issued in October 1997 and strengthened existing control procedures. Control practices and procedures are regularly monitored and in this regard the inspection format is, at present, being revised to keep pace with the changing environment in Branch Offices. It is considered that the type of irregularity arising in this case could not now occur and that it was of such a nature that it was extremely difficult to detect. Previous internal audits in the period 1996-1998 found nothing amiss.

The Accounting Officer also stated that the conversion to ISTS exercise afforded a proofing of claimload and a very good base for the present data regime. The features of the new computer system and the considerable range of activation, control and inspection measures in place provide a better control environment than previously.

Mr. Purcell

This is unfinished business of the committee. The former Accounting Officer for this Vote was before the committee on 1 November 2001 when it was decided to defer consideration of paragraph 36 of my 2000 report pending an imminent court hearing on fraud charges brought against a branch office manager at Callan, County Kilkenny. That court case was subsequently heard on 7 November 2001. The branch office manager pleaded guilty to 11 sample charges out of a total of 118 charges. He received a six year custodial sentence. The subject of the paragraph is a major fraud perpetrated at the Callan branch office of the Department. Branch offices are operated by managers who are employed under contract to the Department to provide services, particularly in relation to unemployment payments. They tend to be located in towns where the Department does not have a permanent staff presence. I suppose the relationship would be analogous to that between An Post and sub-post masters.

The first indication that something was amiss came when a social welfare recipient was requested to refund an overpayment which purportedly had been made to him. When he contended that he did not receive the payments in question, follow-up inquiries by the Department bore out his contention and it was clear a fraud had taken place. An investigating team from the Department established that the fraud went back at least as far as 1995, and probably earlier. It is hard to estimate the full extent of the fraud. We will never know precisely because the Department did not consider it practical to carry out any further investigation, due to the passage of time and the non-availability of records. There was also a fire at some stage in the local office. However, the committee should note that earlier this month the Chief State Solicitor's Office served proceedings on the convicted fraudster on behalf of the Minister for the recovery of over €400,000, which gives some indication of how much was involved. My concern at the time was that fraudulent activity on this scale went undetected for at least four years, that it was an amalgamation of several different types of irregularity and that it was only detected somewhat fortuitously, rather than by the Department's controls. It raised questions in my mind as to the effectiveness of the control framework for branch offices at that time.

Members will see at the end of the paragraph where the then Accounting Officer stated that the fraud was of such a nature that it was very difficult to detect. He pointed out that since 1999 cash payments for unemployment assistance were no longer made in branch offices, so the same type of risk does not arise. The inspection format was being revised to keep pace with the changing environment in branch offices. He was satisfied that the features of the new computer system, plus improved inspection and other measures, provide a better control environment than previously.

Mr. Hynes, do you want to comment on this?

Mr. Hynes

The situation as outlined by the Comptroller and Auditor General is correct. This fraud occurred at a time when branch offices were not computerised and when payments were made in cash at branch offices, so the people involved had access to large amounts of cash. It was possible to complete the books in a way that concealed what was actually happening. It came to light at a time when we were beginning to computerise the branch offices. As the Comptroller and Auditor General said, this type of fraud cannot happen under the present system. With the computerised system, branch offices report to a local office. In this case the Kilkenny local office, which is a departmental office, would be responsible for this branch office. With the new system, checks can be carried out from the local office without actually visiting the branch office. We have a system in place to make sure that happens. There is also a system whereby the local offices are required to carry out full inspections of branch offices at least once a year. This particular type of fraud cannot happen now because we operate in a non-cash environment. I am confident the controls we have in place are adequate at present.

There has been no recurrence of this type of case, or a similar one, since that.

Mr. Hynes

No, Chairman.

In the report it was stated there was an element of luck that this came to light because it was as a result of pursuing an overpayment. I take Mr. Hynes's point that it is not likely to recur because of computerisation and cashless transactions. As a result of this case, however, what checks have been undertaken at other branches to see if there is any evidence of fraud? I am not suggesting there is, but I am posing the question from the point of view of good accounting practice. It must have raised concerns because this had been going on for a number of years. In light of the fact that it had continued undetected for a number of years, what checks were carried out with other branches as a result of uncovering this?

Mr. Hynes

It was a shock when this fraud was identified. All our branch offices are now computerised.

They are all automated.

Mr. Hynes

They are all automated. We do not have any cash payments with any of our offices. We have reviewed our control regime. We insist that branch offices are inspected on a regular basis and that the computerised transaction system is used by the local offices to check what is happening in branch offices. So we did tighten up our controls subsequent to that.

Was a historical review undertaken? Were branches picked at random and reviewed as to how they performed in that cash based era?

Mr. Hynes

We did not specifically go back and look at that. We looked at the level of payments in branch offices - the average payments.

Was that by size?

Mr. Hynes

Yes. We compared branch offices with each other and nothing came out of that exercise. It did not appear that any branch office was inflating its figures in any significant way that we could see. That is as much as we did.

From a cash control viewpoint it is much safer not to trade in cash. It is important that your staff are not dealing in cash.

Mr. Hynes

Absolutely, yes.

Following Deputy Curran's question, I still think that a few sample cases should be examined for purposes of testing. It might be worth bringing a consultant in to examine a few areas because €400,000 was a large sum of money then and it was spread across many transactions. We should not become too blasé just because transactions are now made by cheque rather than cash. It has been proven that fraud can occur in the largest banks when fictitious accounts are set up and money is transferred into them.

I appreciate the advantage of a social welfare number, whether it is the old or the new type, but it is easy for a clever fraudster to beat the system. Checks and balances are still needed even in the case of paper-based transactions. Clever fraudsters can set up accounts and beat the system. They have done it even with internal audits of the highest international standard. Given that 55 million transactions take place annually, it leaves a lot of scope for a clever fraudster to beat the system.

The post office had the same problem. There was a comfortable feeling that since cash transactions had ended, there would not be any difficulties but some people will be able to beat the system. I would respectfully suggest, therefore, that such checks be undertaken by the internal audit section. The Comptroller and Auditor General regularly takes on project audits. Deputy Curran is right in saying there is a need to check retrospectively. I appreciate, Chairman, that we may be caught for time as there is a vote at1 o'clock.

Before we dispose of this paragraph, does Deputy Joe Higgins have any questions to raise?

I wish to apologise to you, Chairman, and to the witness, for my earlier absence. I was in the Chamber for much of the morning on unavoidable business. Unfortunately, I do not as yet enjoy the same gifts as Padre Pio who could be in three places at once; I cannot even be in two.

Does Deputy Rabbitte have any questions?

No questions, Chairman.

As I mentioned, perhaps consideration could be given to picking a couple of random offices to examine them.

I want one question on the general Vote before we conclude.

I do not think we should depend all the time on the Comptroller and Auditor General to examine such matters retrospectively. Internal audits should be able to do so. I know that a random sample is normally taken for inspection purposes but a few at least should be examined.

I sorry about the delay, Mr. Hynes, but there are time constraints.

Mr. Hynes

We have an internal audit unit which investigates local offices and branch offices periodically. This particular case came to light when we were computerising the branch office. All the branch offices have been computerised. If similar activities had been going on——

I understood it was because this gentleman went back to work. Am I right? It was the claimant who set this in motion and not the changeover. The extent of it came to light because of the IT unit.

Mr. Hynes

The point I am making is that it should have come out in the course of the changeover to the ISTS system. If similar frauds had been going on in other offices, it should have emerged at that time. I would have some concerns about going back to particular offices and saying we are investigating whether they were defrauding the system.

By and large, there is no case at the moment.

Mr. Hynes

There are other types of fraud to which we are open.

I do not want to waste your resources and I appreciate the difficulties. Does the Comptroller and Auditor General believe there should be a look back or does he accept the points made by Mr. Hynes on that particular aspect?

Mr. Purcell

I shared Deputy Dennehy's concern. In the audit query, which went to Mr. Hynes's predecessor as Accounting Officer, I asked whether the techniques used by the investigating team of comparing pre - and post computerised payments per client for a branch office and of comparing average payments per client in similar sized branch offices had been used by the Department to monitor the performance of branch offices country-wide and, if so, what had been the results of such examinations. Again, I quote from Mr. Hynes's predecessor as Accounting Officer. The response, to be quite honest, did not satisfy me completely and I understood the Department's wish to move forward but that kind of comprehensive examination was not carried out. He stated that this is not an approach which is being used generally by the Department up to now. There are difficulties in interpreting the results of such exercises owing to the different profile of claims in the different areas. Some initial recent work on this type of analysis shows that the average weekly payment per office can vary up to 10% above or below the national average. Further analysis would be required to relate these difference to claim characteristic, etc.

An exercise similar to that which the Deputy suggested was proposed.

Pursing the €400,000 would be the correct approach in this case rather than going after the fellow who got €10 or €15.

I wish to dispose of paragraph 36 and note the Vote. Is that agreed? Agreed.

I thank Mr. Hynes and the officials from the Department of Finance. The agenda for next week is the Department of Agriculture and Food, Vote 31, chapters 8.1, 8.2, 8.3 and 8.4. Is that agreed? Agreed.

The committee adjourned at 1.05 p.m. until11 a.m. on Thursday, 6 March 2003.
Barr
Roinn