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COMMITTEE OF PUBLIC ACCOUNTS díospóireacht -
Thursday, 12 Feb 2004

Vote 32 — Department of Transport. Chapter 10.1.

Ms Julie O’Neill (Secretary General, Department of Transport) called and examined.

We are discussing Chapter 10.1, Shortcomings in Financial Control, of the Department of Transport. There is no relevant correspondence on this issue. Witnesses should be made aware that they do not have absolute privilege and should be apprised as follows. Member and witnesses attention is drawn to the fact that on 2 August 1998 section 10 of the Committees of the Houses of the Oireachtas (Compellabilty, Privileges and Immunities of Witnesses) Act 1997, grants certain rights to persons who are identified in the course of committee's proceedings. These rights include the right to give evidence, the right to produce or send documents to the committee, the right to appear before the committee either in person or through a representative, the right to make a written or oral submission, the right to request the committee to direct the attendance of witnesses and the production of documents and the right to cross-examine witnesses.

For the most part, these rights may only be exercised with the consent of the committee. Persons invited before the committee are made aware of these rights and any person identified in the course of proceedings, who are not present, may have to be made aware of these rights and provided with the transcript of the relevant part of the committee's proceedings if the committee considers it appropriate in the interests of justice.

Notwithstanding this provision in legislation, I remind members of the long-standing parliamentary practice to the effect that members should not comment on, criticise or make charges against a person outside the House, or an official, either by name or in such a way as to make him or her identifiable. Members are also reminded of the provisions within Standing Order 156 that the committee should also refrain from inquiring into the merits of a policy or policies of the Government, or a Minister of the Government, or the merits of the objectives of such policies.

I welcome Ms Julie O'Neill, Secretary General of the Department of Transport, and invite her to introduce her officials.

Ms Julie O’Neill

Good morning Chairman. I wish to introduce Mr. John Fearon, assistant secretary, Mr. Andrew Cullen, assistant secretary, and Mr. Derek McConnon, assistant principal in the finance unit.

Thank you, Ms O'Neill. I ask the Department of Finance officials to identify themselves.

Mr. David Hurley

I am David Hurley and am a principal officer in the organisation management and training division dealing with the administrative budget of the Department of Transport. My colleague, Ms Mairead Emerson is an assistant principal in the same section and Ms Deirdre Hanlon is a principal officer in the public expenditure division of the Department.

Chapter 10.1 of the report of the Comptroller and Auditor General reads:

10.1 Shortcomings in Financial Control

Accounting Officers are required by law to sign and present for audit the Appropriation Accounts for their Votes to me before 1 April in the year following the financial year to which they relate. It is my responsibility to audit the Accounts and to report on them by 30 September of the same year. The Appropriation Account for Vote 32 for the year ended 31 December 2002 was signed on 31 March 2003 and submitted to me for audit on that date. Following the commencement of the audit on 3 June 2003 it became apparent that the monthly statements received from the Paymaster General (PMG), who acts as the Department's bank, were not being reconciled to the Department's accounting records, the trial balance did not agree to the Appropriation Account, and the Appropriation Account as presented seemed to contain material errors.

The audit was suspended to enable the Department to complete the PMG reconciliations and to make whatever corrections were necessary to the Account.

A new account was submitted on 21 July which has been audited with satisfactory results and duly certified by me.

The new account significantly amended the original one. The main changes were:

·The gross expenditure increased by €2,281,000 and receipts by €890,000 resulting in a decrease of €1,391,000 in the surplus to be surrendered.

·The PMG balance reduced by €6,641,000.

·The Net liability from the Exchequer increased from €1,736,000 to €3,127,000.

·There was an overall increase in Suspense Account balances of €5,250,000.

·The EU funding details contained in Note 13 decreased by € 62,864,000.

The audit indicated that errors in the original account were mainly due to:

·A failure to carry out periodic reconciliations between the PMG statements and the accounting records maintained by the Department.

·Incorrect postings of certain receipts and payroll transactions to the accounting records.

The completion of bank reconciliations on a regular and prompt basis and the correct recording of transactions in the financial records are essential control functions to ensure that the risk of financial losses because of errors or irregularities is minimised, and that accurate and up to date information is available to management.

As I was concerned about the Department's failure to carry out these functions for a large part of 2002 and 2003 and the apparent lack of awareness of the deficiencies on the part of senior management, I sought information from the Accounting Officer on the matter. The Accounting Officer informed me that the account had been submitted in good faith by the statutory deadline on the basis that it reflected the correct position.

However, the account had been prepared in difficult circumstances due to the restructuring of the former Department of Public Enterprise and the formation of a new Department of Transport following the change of Government in June 2002. As part of the restructuring, certain functions and associated resources of the Department of Public Enterprise had been transferred to the Department of Communications Marine and Natural Resources and the Department of Environment and Local Government, and the Roads Divisions of the Department of Environment and Local Government, with a large associated budget, had transferred to the new Department of Transport.

A new accounting system had also been introduced during the year which proved to be a major undertaking and stretched the Finance Unit's resources to the limit. There had also been disruptions due to staff changes as three key experienced members of the Finance Unit out of a staff of four directly involved in the process of reconciling accounts, had transferred out of the Unit for various reasons leaving a skills deficit which had taken time to replace.

In the course of preparing the Appropriation Account it had been discovered that periodic reconciliations between the PMG records and the accounts had not been carried out, and the Finance Unit had moved immediately to remedy this situation, but she herself had only recently become aware that the reconciliations had not in fact been fully completed when the Appropriation Account was submitted.

However, as the required PMG monthly adjustments had been made in the accounting records, it had been assumed that the Account was materially in order.

The Accounting Officer also stated that a number of the errors in the initial account could be attributed to inexperience, such as the incorrect posting of certain receipts to the accounting records. A further problem had arisen from a difficulty with the interface between the payroll and accounts computer systems which had given rise to a significant understatement of the expenditure on payroll. The fact that those errors had not been identified and remedied in a timely manner was, in most instances, a direct result of the failure to carry out bank reconciliations on a regular and prompt basis. This had been compounded by the absence of a control mechanism at management level to verify that such reconciliations had been carried out.

While a system of staff meetings had been in place where progress on issues was discussed, the Accounting Officer accepted that a significant shortcoming existed whereby there had been no procedure in place for senior management to ensure that the reconciliations had in fact been completed on the ground, as the procedure which was in place provided for sign off at too junior a level.

She stated that the Department had moved immediately to remedy the weaknesses in its systems and procedures. A project team had been established to revamp processes and procedures and to restructure the Finance Unit to ensure optimum efficiency and a comprehensive control environment. A new procedure had been put in place whereby the monthly PMG reconciliation must be signed off by a senior manager. Training had been organised and undertaken by staff and was ongoing to ensure that all financial systems were fully understood and documented and that all financial transactions were properly recorded. Progress on these would be reported regularly to the Management Board.

Mr. John Purcell

Chapter 10.1 draws attention to a serious breakdown in accounting controls in the Department of Transport during the second half of 2002 and in the first months of 2003. The problem came to light in June 2003, when work started on the audit of the 2002 Appropriation Accounts for the Vote. It soon became evident that the account was out of line with the Paymaster General's records. The trial balance did not agree with the account and there were material errors in the signed account presented.

This outcome could be attributed to two main control deficiencies. These were, first, the failure to carry out monthly reconciliations between the bank records held by the Paymaster General and the accounting records. That is a fundamental control procedure for any organisation. The second was incorrect postings of certain receipts and payroll transactions to the accounting records. My staff withdrew from the audit to give the Department the opportunity to complete the necessary reconciliations and to make the required corrections. A new account was submitted for audit on 21 July, and after further verification work, I was in a position to certify that it properly presented the receipts and expenditure for the year.

I was concerned that such important financial controls were not in operation for the period in question and that senior management had been unaware of the position. I put this to the accounting officer and the committee will see in the report where she outlines the combination of events that gave rise to the problem. Among these were the formation of the new Department, the loss of experienced staff and the changeover to a new computer accounting system. This all represents a cautionary message of what can happen if such difficult situations are not managed properly.

Once the control deficiencies were brought to the Department's attention, it moved quickly to revamp its procedures and restructure and strengthen the finance unit. I would not expect a recurrence of the difficulties on the audit of the 2003 Appropriation Accounts.

Thank you, Mr. Purcell. I call on Ms O'Neill to make an opening statement.

Ms O’Neill

Thank you, Chairman, for the opportunity to address the committee. I wish to make some general comments which I hope will provide a context to the Department of Transport's appropriation account for 2002 and assist the committee's discussion today.

The Department was established on 19 June 2002 arising from a commitment in An Agreed Programme for Government to establish an integrated Department of Transport with responsibility for the national roads programme, aviation and public transport. The new Department is responsible for the expenditure of just on €2 billion in 2004.

An Agreed Programme for Government sets out a demanding programme of transformation of Ireland's infrastructure and services. The Department is charged with managing the largest ever spend in this country on new transport infrastructure — €1.6 billion in the current year — and ensuring that we get value for money for that expenditure. We are also required to drive major changes in the organisation and regulation of Ireland's transport services, including the restructuring and reform of State agencies and the opening up of markets to competition.

The establishment of the new Department was effected by changing the functions and revising the name of the former Department of Public Enterprise. The newly formed Department comprised the transport functions of the Department of Public Enterprise and the roads, traffic and road safety functions of the Department of the Environment and Local Government.

Since our establishment, we have been engaged in a programme of change and modernisation in the way we do our business. This has involved a total restructuring of the Department to better align resources to priorities and to maximise the benefits of an integrated Department. It also involves reviewing and updating our internal systems including the introduction of a comprehensive management information framework.

The year 2002 was one of transition, which brought together staff, systems and resources from more than three Departments. On 18 June 2002, the functions, along with the staff and the financial and other resources relating to Met Éireann and nuclear safety transferred to the Department of Environment and Local Government, the energy and communications functions and resources transferred to the Department of Communications, Marine and Natural Resources and the functions and resources relating to the community application of information technology programme transferred to the Department of Community, Rural and Gaeltacht Affairs. At the same time, the roads divisions, with a large associated budget, moved to the new Department. I took over as Secretary General of the Department of Transport on 29 June 2002, having transferred from my previous position as Secretary General and Accounting Officer for the Department of Marine and Natural Resources.

The Appropriation Accounts for 2002 reflects the significant restructuring of the Vote that took place in the course of the year. Expenditure for all the functions carried out by the former Department of Public Enterprise is included up to 18 June 2002 and expenditure by the newly formed Department of Transport in included for the balance of the year. This is the reason that, for instance, in the account before members, expenditure on energy conservation for the first half of the year is recorded along with expenditure on national roads for the second half of the year.

The changes are evident in the programme subheads, which can be related to the particular functions, but are less obvious in the case of spending on administration. The process of reallocating amounts for a six months period between the three Departments had a distorting effect on the annual administration figures which are not readily comparable with preceding or subsequent years.

It was against the backdrop of significant structural change and upheaval for all staff in 2002, that difficulties arose in the preparation of the original Appropriation Accounts for that year. The significant pressure on the finance division arising from the formation of the new Department was compounded by the loss of experienced staff and incidences of prolonged sick leave. This contributed to a temporary skills deficit and a lapse in normal control procedures. The division was in the process of implementing a new accounting system as part of the roll-out of the management information framework when the change in Department structures occurred. The coincidence of this major systems change and associated difficulties in the interface between systems, with the restructuring of the Vote, stretched the resources of the division to the limit.

As a result, certain transactions were posted inaccurately to the Department's accounts and this required a new account to be prepared. Full details of the amendments are set out in Chapter 10 of the Comptroller and Auditor General's report on the 2002 Appropriation Accounts. I should stress that no misuse or waste of public funds was involved.

Senior management in the finance division became aware of the extent of the problems in the course of the preparation and audit of the Appropriation Accounts. They recognised that bank reconciliation were not being carried out on a regular and prompt basis and that this was the primary reason that the inaccurate postings had not been identified and remedied earlier.

In addition to rectifying the errors that had been identified in the account, management in the division undertook a comprehensive review of systems and procedures. I have personally monitored progress on this systems review and the management board has been kept informed of developments. The current position is that bank reconciliation are now up to date. These are carried out on a monthly basis and signed off by a senior manager within two weeks of receiving returns from the Office of the Paymaster General. Responsibility within the finance division has been re-defined with clear reporting lines. A professional accountant is now heading the accounts payable and receivable functions. A second accountant has been engaged on a contract basis to further refine the processes and procedures in the division so as to ensure optimum control and efficiency. An additional member of staff with strong previous experience of the finance function has been assigned to the division. An analysis of training requirements has been carried out and a comprehensive training plan is being developed. Immediate training has been organised and undertaken by staff to ensure the financial systems and controls are fully understood and that financial transactions are properly recorded and documented. This is an ongoing process. Reporting to the management board has been improved.

I am satisfied that a period of exceptional change contributed to the difficulties that arose and that those difficulties have now been fully addressed. The staff involved are determined that this will be an exceptional event and are committed to reaching the highest standards of financial management and control. When things go wrong we try to learn the appropriate lessons fast and apply them for the future. This is evident from the measures that we have taken during 2003 to strengthen our financial systems and procedures

Throughout the Department we have put much effort into ensuring that our various systems work well and the resources are deployed efficiently and effectively to prevent error and waste. Furthermore, the implementation of the management information framework, when fully operational, will provide enhanced financial and non-financial management information to support value for money analysis, input-output measurement, planning, decision-making and control. I will, of course, elaborate on my statement or other aspects of the Vote should the committee so wish.

Thank you, Ms O'Neill. May we publish your statement? Does Ms O'Neill agree that the management and finance functions were very weak? Given that in the process of restructuring a Department with a budget of €1.5 billion and the introduction of a new accountancy package as the payroll system was not compatible with the previous accountancy package and when three or four key staff dealing with reconciliations left, with the result that inexperienced staff were signing off key accounts, does Ms O'Neill agree that with the failure to carry out regular reconciliations the situation could have been much worse?

Ms O’Neill

As I made clear in my statement, this was an exceptional period for the Department. There were a number of unfortunate coincidences in terms of the difficulties that arose. The former Department of Public Enterprise had started the rollout of the new financial management system before the Departments were restructured. In an ideal world we would not have had those two events coincide, however, it was felt that it would be inappropriate to stop that work at that stage. We were not the only Department that was subjected to change as a result of the last general election but we were in the middle of a series of changes that occurred in the sense that we were both importing parts of our Vote from the Department of the Environment and Local Government and exporting to a number of other Departments. That greatly increased the pressure. Partly as a result of the change in structures and other reasons, which were unrelated, some key staff changes had taken place and this added significantly to our problems. Our old financial management system was at that stage a weak one and needed to be replaced by a new updated system. The Chairman alluded to the problem of the interface of the payroll system with the old financial management system.

I have looked closely at the circumstances that occurred. I am concerned at the degree of personal pressure many individuals were under at that time. People felt they were trying to do their best, keep things going, meet the statutory deadline of completing the account, instead of bringing to my attention at an earlier stage the fact that there were serious underlying problems that needed to be tackled and addressed.

It is interesting to get behind the errors that occurred. A small number of large transactions account for the bulk of the changes that needed to be made. In an overall Vote of €1.5 billion, while the amounts involved were substantial, a relatively small number of transactions accounted for the difficulties that arose. Having said that, the management of the Department took it very seriously. We were particularly concerned about the fact that inevitably some mistakes will be made in such circumstances, but the importance of carrying out the reconciliations on an on-going basis — as the Comptroller and Auditor General has said — is a vital part of the control system. We have moved to ensure that is done on a monthly basis and that the backlog that arose in this case does not arise in the future. I am relieved that as a result of all of this we ended up in a situation where there was no misappropriation of public moneys, no waste, no loss of funds involved. This was a problem of accounting properly for the money that has been spent and we have moved to tackle the problem.

This creates the clear impression of loose management in a Department that spends €1.5 billion on major capital developments. It gives a very bad example to Irish Rail and other key spenders within the economy that the Department which monitors the total dispersal of funds has a loose management structure.

Ms. O’Neill

I would not say it had a loose structure but that it was a management structure which was under severe pressure for a variety of reasons which I have already explained. I would be happy as we go through the Vote to discuss the kind of control arrangements which are in place in regard to the major infrastructure projects under the auspices of the Department, and funded through our agencies. I am satisfied there is tight management of those aspects of our Vote.

This matter was in regard to a particular set of circumstances within, specifically, the finance unit of the Department, combined with the illness of some of the key people involved. It was undesirable and we have moved to address it.

For the precise reasons you have outlined, Chairman, it is a vital part of my job as Accounting Officer to ensure there is tight management control within the Department's finance unit. I have stressed this to our staff who are all very much aware of it. It is important to say that I was not the only one with concerns regarding what emerged; those within the unit were deeply disappointed with the situation and have worked extremely hard recently to rectify it.

This was also an issue of timing. The Comptroller and Auditor General makes clear that his people came upon this matter in the course of the audit. It is fair to say that management within the unit was aware at that stage that reconciliations had not been carried out and that there were some difficulties. Management had clearly underestimated the scale of those difficulties. They made a judgment out of concern that I would not miss the statutory deadline for signing off the account. In order to get the account right, I would have preferred in those circumstances to be alerted to the fact that there were serious underlying issues, even if that meant the account being delayed. That would be my attitude for the future also. However, more importantly, the arrangements are now in place throughout the year and managed on an ongoing basis through our new, more sophisticated and effective system, which has resolved some of the previous issues.

The committee has agreed to deal with this issue first before moving on to the more substantial Vote. First, it must be acknowledged that there is no question of public funds going missing or being misappropriated, and the committee understands that. However, Ms O'Neill would agree that the taxpayers we represent would be very concerned with the discrepancies and weaknesses which arose given that, as she says in her statement, the Department will control the massive amount of €2 billion this year. Whereas Ms O'Neill said that the problem arose in regard to a small number of large transactions, this would give cause for concern in the sense that when dealing with large amounts, one mistake could potentially involve a large amount of taxpayers' money.

I presume the difficulties began to arise at the time of the break-up of the Department of Public Enterprise. Were sufficient resources allocated to manage that break-up, which I appreciate was a huge undertaking? For example, what lessons can be learned in the context of 460 of the Department's staff being decentralised, which I understand is part of Government plans?

Ms O'Neill said she became aware of the extent of the problem in the course of the preparation and audit of the Appropriation Accounts but that she was anxious to get it in by the deadline. Did she bring that awareness to the attention of the Comptroller and Auditor General's office to alert it to the problem which arose?

From the explanation given, I can understand mistakes involving significant amounts of money. However, it beggars belief that with regard to EU funding, the Department could be out by €62.8 million. It is extraordinary this was not picked up.

Ms. O’Neill

First, I thank the Deputy for acknowledging that no taxpayers money went astray in any sense in this regard, which is an important issue. There are clearly lessons to be learnt from this. It is clear that when Departments are restructured, in particular where there is significant restructuring of the kind which took place in this instance, the biggest impact is felt on the central support units of the Department — in this case, the finance unit and human resources unit. In other words, divisions such as the roads division may move lock, stock and barrel from one Department to another but two processes are ongoing within the central support units: first, there may be a significant degree of staff turnover as a result of people moving in and out of the administrative support functions; and, second, this is where the bulk of the change is felt in terms of the change to the Vote.

The impact was particularly significant in regard to the Department of Transport because of the extent of movements in three different directions in and out of the Department, which added to the difficulties. With the benefit of hindsight, if such change where to take place in the future, I would consider critically the kind of resources to be devoted to the finance function.

I mentioned that a small number of significant sums were involved. They are significant in absolute terms but are a relatively small percentage of the total Vote of approximately €1.5 billion. To give an example, the technical difficulty between our core salary system and the old financial management system, which was on its last legs at that stage, resulted in an understatement of our spend by €1.7 million. That was the single biggest part of the under-statement of spend and was simply due to the fact that while we were properly paying the money to people, and this was reflected in the PMG account, it was not showing up within our accounts. The simple exercise of carrying out reconciliations would have shown that immediately and the problem could have been addressed. Similarly, in regard to the appropriations-in-aid, one particular posting of a block of road traffic licence fee receipts resulted in an understatement of approximately €500,000. Again, those fees had been properly received by the Department and were in the PMG account but were not picked up within our accounts.

Such changes would have been picked up automatically if reconciliations had been carried out. I could not agree more with the Comptroller and Auditor General that this was the critical point. In a situation of great change, one cannot avoid that some mistakes will be made as a result of inexperience and change. However, one can ensure that control procedures are in place so problems can be quickly detected.

The EU funding details are mentioned in a note to the account but are not material to that account. They simply capture for information purposes the funding received from the EU in a given year. As a result of the kind of changes taking place, two divisions of the Department sent in notes referring to the same amount. Because the two notes were worded differently, the two amounts were added together and appeared as one amount in the account. Given more time and less pressure on staff, somebody running through the list of all of the amounts in the EU funding receipts should have noticed the two amounts were identical, and that should have been resolved. I cannot overstate the extent to which the difficulties in this case were to do with timing, because of the pressure people perceived themselves to be under to complete the Vote by the statutory deadline.

I was asked about awareness within the Department. It is true that the finance unit, as it was preparing the account, was aware of the pressure it was under and that the reconciliations had not been completed. It was aware that there were some issues to be, as it saw it, tidied up with the suspense accounts. However, the unit concentrated all its efforts and energies on verifying two points: the significant volume of transactions between the new Department of Transport and the other Departments, and the significant movement of transactions from the old system to the new financial system during the year. I accept in good faith that the finance unit genuinely believed that any residual mistakes would not be material to the account or significant. The finance unit brought the account to me for signature and did not feel it necessary at that stage to alert me to the fact that, as the unit expected, some relatively minor changes might be required.

If there are problems I would prefer if the unit would inform me at an early stage. It was in the course of the Comptroller and Auditor General's audit that the extent of the adjustments required to the account became apparent. At that stage the unit was already moving to catch up. It had not caught up. There was a very significant backlog in terms of the reconciliations which took some time to get up to date. It is now up to date. Once it is up-to-date and people know how to do it, it can be kept up-to-date very easily from there on.

So the senior management was not aware of the difficulties.

Ms O’Neill

I was not aware. Senior management within the finance unit were aware of the difficulties.

Would not one think it would it would be appropriate, first, to inform Ms O'Neill and then to telephone the Comptroller and Auditor General's office and point out the difficulty that had arisen?

Ms O’Neill

If people felt the difficulty was such that it would have a material effect on the account they should have brought it to my attention and I would not have been prepared to sign off on the account in those circumstances. I signed off the account believing it was in order. When it became apparent that the adjustments were more significant, they were teased out in some detail with the Comptroller and Auditor General in the course of the audit.

I will leave it at that.

I am not looking just at the Department of Transport but all Departments. Given the vast sums of money under the control of the Departments and the idea of good corporate governance, an audit committee, similar to that in a large public company would be helpful and appropriate with regard to, say, the Department of Transport. The audit committee could, perhaps, be a senior finance person from another Department, a partner in an accountancy firm and the Secretary General of another Department. It would meet on a quarterly basis with the internal audit department, without Ms O'Neill or the finance person being present. It could then meet with the finance person and Ms O'Neill to consider not only on the basic minutiae — in the context of a budget of €2 billion this year, the figures here are in hundreds of thousands of euro and are very small — but also the overall spend of €2 billion. In the event of an oversight generally it would report to Ms O'Neill and the Minister without any blame being attached. Would that be helpful?

Ms O’Neill

We have an audit committee in the Department chaired by an external person who is head of financial control in another Department, on which two of my assistant secretaries serve. The committee oversees the internal audit programme of the Department. The internal audit programme encompasses the whole range of spend by the Department, including spend under EU programmes under the national development plan. It has specifically asked to review the financial processes during the course of 2004. That is under way.

The committee may be aware of the Mullarkey report on the accountability of Secretaries General and certain recommendations it makes about strengthening financial control arrangements and audit arrangements within Departments. That is something I am actively pursuing. One of the issues is to ensure that the audit programme of the internal audit unit of the Department is informed of the risks to which the Department is most exposed. As has been correctly pointed out, when one is running a budget of €2 billion, one has to be clear about where the financial exposure is greatest. There is a view in the Mullarkey report that those audit committees should be even stronger in terms of having an external presence on them from outside the public service. I would be open to that view.

In addressing the concerns that arose within our finance unit, I have done two things: one, is to ensure we have a professional accountant directly involved in the finance unit. That is important in terms of strengthening management. We have also brought in some external expertise to assist us in the systems review for a period of six months. I agree that kind of an audit process is helpful in terms of oversight, and in terms of giving me the quality assurance I need as Secretary General. The internal audit unit reports directly to me, not to any other part of the Department. It helps us to identify where the risks might be greatest and how to target the resources of our audit function to tackle those.

It appears that the audit committee in your Department is more for the purpose of managing and directing the internal audit function rather than having an independent, external oversight on the overall financial function of the whole Department, which would include the functioning of the internal audit department. It would not in any way compensate for the type of independent external audit committee that would be normal within a major public company.

Ms O’Neill

As the committee will appreciate, the Department of Transport was formed by bringing together the functions of a number of different Departments and agencies. Already on the public transport side of the Department, there has been a strengthening of the arrangements on the lines mentioned by the Deputy in terms of bringing in external expertise and involving others, such as the Department of Finance, in the oversight of major infrastructure projects. Different arrangements apply for the roads programme because of its different origins. I have a small cross-cutting team in the Department which is looking at the arrangements in place for assessing and monitoring expenditure programmes, particularly capital expenditure programmes because that is such a large part of our Vote, and at how we might strengthen and put a coherent and consistent framework across the Vote. I would like to explore further in that context the suggestions the Deputy has made.

I am thinking also about the type of audit committee, whereby the Comptroller and Auditor General, or whoever is the senior person involved in the audit of that Department, would come before such a committee and explain the weaknesses that have arisen, both in the internal control system and in the management systems in place. By doing that far greater emphasis will be given to putting in place a system to remedy any defects.

Mr. Purcell

Deputy Ardagh is right. From this year onwards a new corporate governance regime is being put in place across the Civil Service involving strengthened audit committees, risk assessment, risk registers and envisaging the kind of thing referred to by the Deputy. More particularly, from an Appropriation Accounts point of view, the Accounting Officer will have to sign off on a statement of internal financial control on what has been done to assure herself that the controls are operating and so on. From this year onwards, in my certificate to the account I will have to attest to that and whether I agree with what has been asserted by the Accounting Officer. There are developments across the board involving corporate governance which take into account what the Deputy has suggested.

The Secretaries General would have far greater comfort in signing off the accounts if they knew they had had a scrutiny at a very high level by an external group which has no axe to grind with the Department.

Ms O’Neill

That is very useful. I have no doubt that the process I will have to go through from the next Appropriation Accounts, which is to sign a statement, which will in due course come before this committee, of my personal satisfaction with the control system in place. It will have an extraordinary effect in terms of concentrating the minds of Secretaries General and Accounting Officers and will make us think clearly about our responsibilities. It is one thing for them to be set out in legislation, it is another to be able to stand over this. I will be looking for all the support I can get, internally and externally, to give me that kind of quality assurance. All I can get is assurance. I cannot get absolute certainty on these matters.

I take on board Deputy Higgins's comments that people want to speak about the large amount of expenditure on the Vote, so I will conclude for now.

It is good to know there was no misappropriation of any public funds. If the Secretary General were to sit here every week, as we do on occasions like this, she would be aware that computer systems seem to create problems everywhere. I find it extraordinarily difficult to understand that in 2004 the systems are still not compatible, for whatever reason. There have been constant systems failures, not alone in Departments but across the spectrum and the public, including myself, do not understand why that should be the case.

I appreciate there must be bedlam when a new Department is being established and parts of another Department are being hived off elsewhere but were it not for the intervention of the Comptroller and Auditor General in this case, what would have been the outcome? Was there a system in the Department which would have eventually solved this problem? Is it the case that it was the Comptroller and Auditor General's office which brought the scale of the problem to Ms O'Neill's attention?

Ms O’Neill

First, the difficulty with the systems in this case arose specifically in the context of the changeover to a new system, which is always a tricky stage as new systems are bedded down and they need to correctly map onto one another. The new system we have now is considerably more sophisticated and robust than the previous system, which frankly was——

On that, did anybody know about those problems when they were happening? Can we take it that there was somebody in control at that time who knew what was happening vis-à-vis the computers?

Ms O’Neill

People knew there was always a possibility for some error in the mapping of results from one system to another in this type of context. The fact that certain transactions had simply dropped in this case was not picked up until the matter was being audited.

As to whether this would have gone unnoticed if it were not for the Comptroller and Auditor General's intervention, the short answer to that is "no". The finance unit was in the process of completing its reconciliations. This would have come to attention. Obviously that would have put us in the difficult situation of going to the Comptroller and Auditor General and saying we have now discovered errors which means the original account needs to be corrected. In fact, the very helpful intervention of the Comptroller and Auditor General and the work his audit team did with the Department helped us get through that and identify problems very quickly because we could put the resources into it. To be clear on that aspect, the errors would have been detected. The problem was primarily one of timing. It was the urgency of completing the report on time. The Comptroller and Auditor General brought it to my personal attention. That is how I became aware of the extent of the difficulty but in terms of the problems within the finance unit, they were identified in the unit.

On the issue of the systems, there will always be difficulty picking up on difficulties between systems unless the reconciliations are done. The reconciliation would have shown that straightaway and the problem would have been detected. It goes back to a very basic and sensible control procedure that has to be in place all the time.

Deputy Noonan.

I am more interested in moving on to the Vote, Chairman, so I will pass at this point.

I have to reiterate what the previous speaker said. There was no loss of public funds. It is important people do not get the wrong impression in that regard.

Ms O'Neill said that a professional accountant heads the division dealing with accounts receivable and accounts payable and another accountant is employed on a contract basis. What happens if those two individuals become ill or go on holiday? Ms O'Neill referred to sick leave being a problem in the past. I would have thought two professional accountants in an organisation with a budget of €2 billion is wholly insufficient. Does Ms O'Neill believe she has a sufficient number of professional accountants in the system?

Ms O’Neill

I want to make a number of points on that aspect. There has been an increasing professionalisation of the management control systems within Departments over recent years. Traditionally because of the different nature of accounting within the Civil Service context, where we have been working on cash-based accounts, there is a long tradition of well-developed finance units where that expertise is built up over many years and where professional accounting expertise was not brought into the system. Increasingly, as we move more in the direction of accruals accounting and as we try to adopt many of the good practices from the private sector in terms of the management of accounts, more professional expertise and skill is needed within Departments. There is no doubt about that. When running a budget of €2 billion, as I am, one is concerned to make sure that skill is in place. We have to start somewhere. We have to build up the expertise in the unit within the overall constraints on the Department in terms of both budgets and numbers. There is flexibility now within the arrangements we have with the Department of Finance, as part of managing our administrative budgets, to develop and source the kind of professional expertise we need.

The critical aspect in terms of the role of the professional accountant in our area is not necessarily to do all the work. Much of the work on this is fairly basic. It is not rocket science. It is simple good practice and it is people understanding precisely their job and being clear on who has to sign off. The main role of the professional expertise in the area is to ensure that good systems and practices are in place. In those circumstances, that person should be able to take a week's holiday or be sick for a few days without the world falling in. Getting the basic training right is important.

Ms O'Neill also stated that the finance division was in the process of implementing new accounting changes when the Department structures changed. I want to be clear on this aspect. Had some of these problems emerged in the former Department of Public Enterprise or did they only arise when the two Departments merged? Ms O'Neill referred to ongoing changes before the change. Did she inherit the seeds of this problem or did it only arise when the new Department was established?

Ms O’Neill

I would not say we inherited the seeds of the problem. That would not be fair to my predecessors. There was a significant number of changes taking place in the course of 2002. Some difficulties were arising in the finance unit in 2002 as a result of sick leave and absences, which were probably beginning to contribute to the problems in the early stage of 2002. There was also a very good small team of people dedicated to the process of introducing the new management information framework into the Department, and they were affected by the staff changes in that they were moved to another Department. There was, therefore, a turnover effect, arising primarily out of the change. The old financial system that operated in the Department of Public Enterprise prior to the changeover was not going to last much longer. It was getting to a stage where it was creaking at the seams, and that is why there was a real urgency about getting the new system in place.

I see a reference to a Supplementary Estimate. Was there a Supplementary Estimate from the Department in 2002? Given that some of these figures were not properly analysed at that time, what was the information on which the Supplementary Estimate was presented to the Department of Finance? What effect did that have in terms of the money allocated by the Dáil for the various sub-headings in the Supplementary Estimate if the information on which it was based was not exactly right? Does Ms O'Neill understand the point I am trying to make?

Ms O’Neill

I do. To be clear, there was a Supplementary Estimate for the Department. The gross total of it was €126 million. It was offset by savings on the Vote of about €26 million but essentially that was about a provision of an extra €125 million to the roads programme which was as a result of issues that had arisen in the former Department of the Environment and Local Government, where there was a need for an additional allocation to that programme.

In terms of the consequences of the adjustments, we had in any event a surplus to surrender at the end of the accounting year 2002. The consequence of the adjustments was that the surplus to surrender had to be reduced. It was not material in that context. Part of the reason for the Supplementary Estimate was to cope with certain adjustments that had to be made to the Vote as a result of the transfers of functions between various Departments. It was something that needed to be done as a technical matter.

I address this question to the official from the Department of Finance. The idea of changing accounting frameworks must happen in Departments every other month or every year. There are also changes in structures in Departments arising from elections. Have the officials a template they can pass to a new Secretary General of a Department outlining, for example, a new financial control system or departmental structure that is being introduced? Do they have a template they can give to a Secretary General to inform him or her that on the last occasion the Department changed this is the template that worked? There did not appear to be a template in this instance that worked satisfactorily. I would be concerned that in three years' time, or whenever there may be another change of resources or change in Departments, we could be back here having a similar conversation in respect of other Departments. What kinds of systems has the Department in place to deal with these big issues that inevitably occur from time to time?

Mr. Hurley

I find it difficult to conceive of a template that would work in particular instances. Some of the changes that occurred on this occasion would have been difficult to predict. If Departments are being chopped and changed, these matters have to be looked at carefully. There are additional complications such as reconciling the Paymaster General accounts for different Departments. When one is doing reconciliations with Paymaster General accounts, one is picking up some of the matters from one account and some from another account and at some point one has to switch them. It is largely a matter of picking one's way through these matters as carefully as one can when that happens.

I can understand the position from having listened to it being outlined, although I was not dealing with this Department at that time. While that was being done, the people at the coalface did the work. Some staff were ill over a long term and, as a result, there were changes in personnel. Given the time constraints and structural changes, I can understand how this could have happened. The only template we could come up with is that when this is being done consideration should be given to these matters at the time.

The advice I would give in this regard is to sort out what are the Paymaster General accounts at a particular time. If it was the case that a Department was ceasing to function at a time due to a change in the name of the Department, one would need to ask the Paymaster General to open a new account as and from that day and thereon to do all one's transactions under the new name of the Department. That is probably the single most helpful action one can take at that time. Whoever is in charge of finance functions should indicate that essentially from that day, the Department will operate a completely new account and all the matters in transit, such as the payable orders outstanding on the original account can be settled over time. That would probably be the most significant action that could be taken to make it easier to reconcile with the Paymaster General's accounts.

Mr. Hurley acknowledged that care needs to be taken regarding any change in the structure of a Department.

Mr. Hurley

Yes.

While the Department concerned was in the front-line and experiencing difficulty, what initiative did the Paymaster General and the Department of Finance senior officials take to deal with what Mr. Hurley has suggested? If they were taking a positive initiative to make sure all these matters that he indicated should happen, should they not have noticed something coming to light from their side at that early stage? I accept there were difficulties and the system in the Department is probably exemplary as a result of the initial difficulties, but I am more concerned about the bigger picture, such as a change in some other Department. I get the impression from the officials that they do not have a solution in place and that we will merely muddle through such a change again in two or three years' time. The message that there is a solution in place to deal with restructuring has not come across to us or to the public. What did the Paymaster General do to initiate those moves that Mr. Hurley said would have been desirable at that time in the Department or did he merely leave matters to that office?

Mr. Hurley

The Paymaster General's office would respond to requests it would get from a Department regarding its accounts and whether it needed to change accounts. It would generally advise that it is best for a Department to open a new account when there is a major change, as in this instance, because it makes it easier to piece matters together, but apart from that it would not have taken any specific initiative.

Perhaps the Comptroller and Auditor General might advise us on this matter because we are lay-people. The role of the Paymaster General is separate from the Department of Finance. I would like to see some communication from the committee to the Paymaster General on how he read the situation from his side during the transitional period from one Department to another because there has to be levels of communications regarding closing the account, closing balances and the opening up of a new account. I would like to be informed about the Paymaster General's side of the equation on this matter, which perhaps could be dealt with at a future meeting.

Ms O’Neill

I would like to make a few comments in response to that. I wish to clarify a point raised by Deputy Fleming. I understand from my colleague that there were some difficulties earlier in 2002 arising from some of the staff changes due to the illness of some members of staff at the time. The problem regarding reconciliations not being done goes back to the earlier part of 2002.

I have learned lessons from this, which I hope will have wider application. It is not a good idea to try to change the systems, staff and departments in the finance unit at the one time; one should make such changes separately.

When you are changing the system we should not call a general election following which new Ministers are appointed.

Ms O’Neill

That would help.

That is what should happen in an ideal world.

Ms O’Neill

There is an issue for the Department of Finance in this regard. Departments can come under a considerable degree of pressure at the time of changes in Departments to move the staff with the functions. Therefore, keeping staff in place for the period of a transition would help. Another lesson I learned is that one should have reconciliations up to date from the outset and one should keep them up to date. That would solve many of these problems. Considerable negotiation took place not only between our Department and the Department of Finance but with other Departments around this time. At a management level we were aware of the risks, not of the issue that emerged but of the fact that these pressures were considerable and that we needed to manage the transition effectively.

Would you recommend running a parallel system during such a change?

Ms O’Neill

We were trying to do that. When this happened it would have been helpful to stop the update of the system that was under way and run with the old system. That would have meant that we would have had to bring in the roads functions under the old system, which was already virtually keeling over. We found ourselves in the difficult position of having the material coming into the Department on the new system and the material going out of the Department in regard to the Vote on the old system. That makes life extremely difficult and it is not an ideal way to operate. Unfortunately, the timing of the change was such that it caused a difficulty, but if we had done our reconciliations and had managed to keep a core team of staff in place during the transition, even that would have been manageable at the end of the day. Therefore, there are lessons to be learned.

I have a question for the Comptroller and Auditor General on a matter about which this committee should have some idea. Having regard to the suggestions described by Deputy Ardagh and what the Secretary General said about monitoring, including her watchdogs of one kind or another, monitoring committees, internal audits and financial controllers, has an evaluation ever being done of an analysis of the cost of monitoring a budget in full or what is the percentage cost in that regard? I have often heard the Comptroller and Auditor General speak about the law of diminishing returns and one reaches a point where one has to stop monitoring. Have we a ballpark figure of the cost of monitoring within Departments? The cost of the system put in place in the Secretary General's Department and the cost of financial control across the board must be enormous. I appreciate we are anxious to ensure that nothing goes wrong. This might be an unfair suggestion, but I would like an analysis done of the cost of monitoring State budgetary expenditure.

It would have to be money well spent.

I appreciate that. We are spending so much at present that I wonder how much of an overlap there is. Are we getting value for money? We must also be careful when working at local level with committees and parish councils. Have we gone too far the other way? Perhaps the Comptroller and Auditor General could comment on that.

Mr. Purcell

I cannot give a cost, but there is a problem with audit and control overload. From the audit point of view, we would take into account the professionalism, capacity and expertise of internal audit in a Department. That would enable us to refine our checks, be more targeted and to get in and out more quickly. There is that convention on the audit side.

As regards controls generally, controls should be proportionate. If one is in a three person organisation, one cannot have a separation of duties. One must have compensating controls. One cannot have the same control framework in small organisations as there is in large organisations. That is recognised in the commercial world where someone with a turnover below a certain amount does not require an annual audit. The Deputy is right to raise that question.

As regards the cost, it must be proportionate to the size of the organisation and the risk. We are now getting down to that as part of current developments. All the talk about corporate governance, assurance and risk registers sounds like paraphernalia. However, there is a basis for it. One must establish the risks and then put in an appropriate control framework to address them. That means it should be appropriate, not more or less.

Deputy Fleming referred to the template which was put in place. The Secretary General will spend €2 billion or more. However, it appears the same template would be put in place even if the expenditure in a small Department was only €0.5 million or €1 million. The Comptroller and Auditor General referred to the commercial world. People there would consider how much expenditure should be given to financial and audit controls. It is critically important to get the figures right, regardless of what it costs. Perhaps we could discuss that in the future. As regards audit controls, we do not want to spend the same amount of money to monitor a small Department as we would spend to monitor a big spending Department such as the Department of Social and Family Affairs. I did not think about an audit overload, but there is a staff overload in certain areas.

The Mullarkey report indicated a big improvement in management structures.

I am not speaking in the context of today's report. Ms O'Neill outlined what was being put in place and Deputy Ardagh outlined it further. We could have cost overload as well as audit overload. Perhaps we could discuss that in private in the future.

I will take that on board.

Mr. Purcell

The point was well made that there was no loss of public funds. It is not just an academic accounting exercise and I appreciate the members know that. Apart from reconciliations picking up mis-postings and something going to one subhead rather than another, the fact the bank reconciliations were not being carried out for the best part of a year left the Department in a vulnerable position. If there had been certain types of fraud, they might not have been detected. I will not go into the different types of fraud which could have been perpetrated. That was a huge risk, which should have been addressed. There was no loss of public funds, but it was not just an academic bean-counter's point.

Is it agreed to dispose of Chapter 10? Agreed. I propose that we open the Vote. I call Deputy Joe Higgins.

The Department of Transport is responsible for the biggest infrastructural projects in the State and for vast amounts of taxpayers' funds. I appreciate it does not relate to 2002, but we heard about it this morning and it has big implications for infrastructural projects and for the Department. What is Ms O'Neill's view on the change in EU rules on state borrowing for major infrastructure projects and how that relates to some projects which have been under public discussion?

Ms O’Neill

I thank Deputy Joe Higgins for his question. I presume the Deputy is referring to the EUROSTAT decision which was issued yesterday.

Ms O’Neill

It gives guidance on the appropriate accounting treatment of the financial aspects of PPP projects on the general government balance sheet. We only received the decision yesterday. We have not had a chance to study the fine detail of it. We must look at it closely. A senior officials group which comprises a number of Departments, including the Department of Finance and the CSO, will also look at it closely to see precisely its implications.

A number of points are worth making about it. One of the things which has been a block in terms of looking at how one might progress major infrastructural projects has been a concern not just about the amount of money they will cost, but the way in which that cost will impact on the general government balance in any given year. At first glance, this decision is extremely helpful in setting out more clearly the ground rules for the treatment of PPP transactions. It clearly identifies three categories of risk — construction risk, availability risk, which is the ability of the contractor delivering on the project to deliver a particular quantity, quality and specification of service as set out in the contract, and demand risk, which arises from variability in demand. What has changed in this decision is that in order to qualify as a PPP one must have both the construction risk and either the availability or the demand risk. All three were required up to now. That is helpful because it must be clearly stated what risk is being borne by the private partner and it must be the construction risk and at least one of the demand or availability risks.

The other thing it makes clear is that penalties applied in response to a default by the private partner must be real and substantial. In other words, one cannot have something which is a pretence at transferring risk. It must involve a real and substantial risk transfer to the private sector.

While it is not specifically stated, it appears that the consequence of this decision is that any construction related payments to the private sector by the public sector would be charged over the period of construction and not at the point at which the contract was entered into. If that is considered in the context of the metro, there would have been a concern that the entire construction cost of the metro would hit the GGB the day the contract was signed as opposed to over the period of time construction occurred. Likewise, unitary payments related to ongoing operational costs of a project would be related to the period of the concession.

All that, from our point of view, provides greater clarity and some potentially greater opportunities in terms of how PPPs might be used in the context of financing major infrastructural projects. One important point is that one does not start looking at a major infrastructural project from the point of view of what will get by GGB rules or in terms of the impact on GGB. The first starting point must be whether the project offers good value for money. Each project on its merit must satisfy a cost benefit analysis that it is a good project which will stand up objectively to scrutiny. Then one must look at one's options for financing that project. Is one better off to finance it in the normal traditional way through traditional public procurement or is one getting certain benefits by financing it through public private partnerships or other mechanisms which might be appropriate, such as our much greater use of design build contracts in the context of road construction? What offers the best deal to the public purse in terms of the transfer of risk, the buying of expertise and its financial impact? It is only when one has done both of those things that one can ask what the impact will be on the GGB. This decision will help to clarify what the impact will be and, at that point in the process, offer greater scope. This is positive.

I understand that in the case of public private partnerships private finance will not now be reckoned as Government spending for the purposes of the local stability pact.

Ms O’Neill

That is right but the public element will be.

Will this allow greater flexibility as regards public expenditure on a project? In other words, does it allow more scope for public investment?

Ms O’Neill

It does. When one looks at public investment, the first thing one examines is the impact it will have on the Exchequer borrowing requirement — whether one actually has the money in the Vote in a given year to meet the payments. The second matter about which one will be concerned is the way in which the total cost of the project in which one is involved — through some public and perhaps private contributions — will impact on the GGB. This decision clarifies, in specific circumstances which are by no means loose, the transfer risk required for the private part of the investment not to impact on the GGB. The public part of the investment will continue to impact on it but in a somewhat different way.

Ms O'Neill has made that very clear. I appreciate what she has said about the possibilities within Exchequer funding but does it allow, for example, for greater flexibility in State borrowing for major infrastructural projects?

Ms O’Neill

It does, potentially, free up Exchequer moneys for other purposes that do not lend themselves to PPP-type projects, if that answers the Deputy's question. In other words, to the extent that one can do things through this mechanism in a way that offers good value for money to the taxpayer, and that does not have undesirable impacts on the Estimates for a particular year, it frees up resources elsewhere within the system that can be spent on other projects.

I will now move to some of the details of the Vote. The estimate for driving test fees was €3.6 million but total income was €3.9 million. What was the cost of the driver testing service in 2002?

Ms O’Neill

As things stand, the cost of providing the driver testing service is part of our general administrative budget spend. Therefore, it is reflected in the various subheads. It is not segregated in a specific way that would enable one to say, "This is the cost of the driver testing service." As we move towards establishing an independent driver testing agency, which we are proposing to do — legislation is expected to be published shortly — it will enable us to identify clearly the costs associated with providing the service.

From this year on, our new management information framework system will also enable us to collate the information — this is the point I made in dealing with the other part of the Vote — in order that we can show the cost of the inputs associated with the particular output but I do not have that information to hand.

Obviously, it would be interesting if we had that figure to put against the sum of almost €4 million from drivers to be tested. Does Ms O'Neill agree that at the end of 2002 there was a massively unsatisfactory situation in this regard? As I understand it, learner drivers were waiting a full year to sit their test. In the order of 120,000 provisional drivers were on the waiting list, which is a source of huge frustration. Can Ms O'Neill say how the situation has improved since 2002?

Ms O’Neill

The Deputy is probably aware that there was a significant surge in the number of applications for driving tests in 2003. We received approximately 180,000 applications in 2001. This figure increased to 190,000 in 2002 and 234,000 in 2003. As far as we can tell, the surge at the end of 2002 and throughout 2003 was due to the introduction of penalty points, greater awareness of road safety issues generally, and the concerns that some with provisional licences had about changes that might be introduced relating to the holding of such licences. As a result, the number on the waiting list, as of 1 January 2004, was approximately 119,000. The period of delay has lengthened from an average of approximately ten weeks to 29. That is a difficulty for us about which we are concerned.

We have a given number of testers for the driver testing service, and are obviously subject to the normal controls on the number of staff we can employ. The service has the capacity to deliver about 200,000 tests annually. We have looked at a number of measures to try to reduce the backlog. We have brought in approximately eight retired testers. In addition, we have introduced a bonus scheme for testers to increase the number of tests but a only very small number have taken this up, although we will revisit the idea this year. The numbers have levelled off again. At least, therefore, the number applying for tests is no longer growing at the same rate. It has levelled off to the normal pattern.

My own view is that we will have to address this matter in the context of setting up the new driver testing agency which with, as the Deputy correctly pointed out, a clear budget and source of funding in receipt of fees can examine the way in which it organises and resources itself to respond more speedily and effectively. It can also examine the implications this may have for the location of test centres and other important issues. The matter is not one that can be tackled easily in the short run.

It is hugely disappointing and frustrating that we still have almost 120,000 on the waiting list. As Ms O'Neill said, the delay is over seven months, or 29 weeks. I am puzzled because in 2002 there was a surplus of €6.68 million. The policies being devised were obviously going to have consequences with regard to increased numbers of applications which I imagine the Department would have known. It will be a source of disappointment to taxpaying drivers on the waiting list that more measures were not taken to provide for greater testing capacity.

Ms O’Neill

Clearly, it is a disappointment for those waiting for a driving test. It is a matter of concern for us also because we had developed and were meeting a customer service target to turn around a test application within ten weeks, which seems to be about the right length of time. People do not normally want a driving test overnight; they want good notice that one is coming up in order that they can prepare for it. We need to work towards this. It is a concern for us.

As things stand, the fact that the staff of the driver testing service are under the auspices of the Department, or part of its core staff, counts against our numbers. It is not just a budgetary matter. We are constrained in the number of additional staff we can take on. We are under an obligation to reduce rather than increase the numbers of staff in the Department.

Even if I had a free hand in getting resources into the system — in other words, if I was told to go off onto the highways and byways to recruit testers — there would be a difficulty in how quickly one could ramp up the number of skilled testers. The number of skilled testers available is limited. We looked, for instance, at options such as whether we could get resources from our colleagues in Northern Ireland with whom we have a very good relationship but they also had a difficulty, with no spare resources. If one wants to recruit and train new testers, one has to divert some of the existing testers towards training the new ones coming in. It is not an easy matter to address.

We developed a bonus scheme which we felt might act as a strong incentive to testers already working in a flexible manner to respond to the demands that had emerged. The scheme we proposed was not accepted by the Department of Finance initially and there was not a strong response to it from the testers themselves. There is also a limit on the number of tests it is safe for a tester to carry out on any one day. There are certain very practical constraints.

Demand rose very quickly but, as I said, it has now levelled off. We must work solidly through it. Ultimately, the way to resolve this is with an agency which has greater flexibility, both in its budget and resources, to look at how it organises itself to deliver the service.

Not a privatised agency.

Ms O’Neill

No.

The huge discrepancy between the amount spent on roads and railways is a public policy matter. Therefore, I cannot ask Ms O'Neill about it despite the fact it causes me grave concern.

I refer to the roads allocation. In terms of the spend of taxpayer's funds, two major issues have come up time and again in recent years, namely, the port tunnel and the light rail project, specifically the huge amounts of money involved. The difficulties centre on the Red Cow roundabout and the height of the port tunnel against a background in which the Department spent millions of euro on consultancies — a sum €4 million was spent in 2000-01. I am not sure how they relate to the two projects I have mentioned.

Can Ms O'Neill understand the cynicism and puzzlement of the taxpayer that issues such as these come up as projects are under way? There seems to be a huge falling down in proper planning for major projects. In the two instances I mentioned, as a result of these issues not being foreseen at the initial planning phase, how much of the extra burden will accrue to the taxpayer if the height of the port tunnel is increased and if the difficulties on the M50-Naas road junction are to be resolved?

Ms O’Neill

Specifically the Dublin port tunnel and the Red Cow roundabout——

Why were these difficulties not foreseen at planning stage? How much extra will the taxpayer have to pay to make the changes?

Ms O’Neill

I will deal with the Dublin Port tunnel first. It has been designed and planned very carefully having regard to best international practice in tunnel design. The height of the tunnel was set having regard to the height restrictions that applied elsewhere in Europe and in line with the design specifications there. An issue has been raised about a small number of super-sized trucks that use the port. I do not have the figure to hand but think it is approximately 1.5% of the total number that come through the port.

When one is designing something like the Dublin Port tunnel, it is, of its nature, a very expensive project subject to very tight design specifications to meet best international standards in regard to safety, ventilation and so on. There is always the question of what is the appropriate height. There is no perfect height because if one was to build to cover every possibility, it would become impossible to manage.

A decision was made that the height specified was sensible. In the light of the issues raised by hauliers and others about the over-height trucks, the Minister asked for the issue to be examined. He appointed Atkins as consultants to conduct an independent review of the feasibility and cost of raising the height of the tunnel. We have its report to hand and are seeking certain extra information from both the NRA and the contractors to see precisely what is possible and the cost involved. That is one issue.

A separate issue with which we deal as a Department and which is, ultimately, a policy decision for the Minister is what, if any, should be the height restrictions imposed on trucks in Ireland. That is a policy decision that has wider ramifications. There are safety implications in terms of over-height trucks. We are already suffering quite considerably from bridge strikes and other effects as over-height trucks meet other parts of the road network. This is of concern to us from the point of view of rail safety. There are also environmental issues around the appropriate use of such trucks which are actually quite limited in their usefulness in terms of carrying certain light loads and because they are not suitable for many purposes.

Separately from the examination the Minister will shortly bring to a conclusion on the height of the Dublin Port tunnel, we are also looking at whether, and in what circumstances, it would be appropriate to have a restriction on the overall height of vehicles in the best interests of the country. The United Kingdom and Spain are the only countries apart from Ireland which do not have a limit on the height of trucks. The limit applied elsewhere in the European Union is such that the height of the Dublin Port tunnel is more than adequate. Those are the issues at which we need to look.

When will the Minister make a decision?

Ms O’Neill

He expects to make a decision shortly. We are awaiting additional information from the NRA and the contractors.

On the issue of the height of the Dublin Port tunnel — this is ultimately a policy decision for the Minister — one is building infrastructure which will be in place for a long time. If it is feasible and possible to make a small adjustment now, that will have to be thought through. However, we must weigh up all of the evidence available in terms of the very small number of vehicles that would be affected by a change in the height of the tunnel and the costs involved. That is a decision to which the Minister will come.

Does Ms O'Neill accept that if it is agreed the height of the tunnel should be raised, the fact that it will come late in the day will impose an extra cost than if it had been factored in at the beginning?

Ms O’Neill

No. Raising the height of the tunnel was always going to impose an extra cost because tunnels are extremely expensive infrastructure. One builds to a certain specification. If one wants to change this — clearly, one is talking about changing the ceiling or the floor of the tunnel to give extra height — it will cost extra. However, this would have arisen regardless of when one decided to do it — in other words, it is not as a result of the timing.

It must cost more again if one changes horses mid-stream.

Ms O’Neill

No. The diameter of the tunnel is set. Therefore, it is simply a question of where within the tunnel one locates the ceiling or the floor to give the extra few inches in height. It will not cost more because it is being done now but simply because it costs more to make the adjustment.

Can the residents of Dublin be certain that these massive trucks will be taken off city streets because I have heard contradictory suggestions?

Ms O’Neill

That issue is primarily one for Dublin City Council which I understand is developing a traffic management plan for the tunnel. We estimate its opening will take approximately 10,000 HGVs off city streets. In regard to over-height trucks, clearly the related issue is at the point at which we introduce a height restriction.

The Deputy also asked about the Luas crossing the Red Cow roundabout. This matter was dealt with in the public inquiry. The Department has been through the issues and looked critically at the problems, of which all of us who use the transport system are aware. We are now satisfied that the issues are not related to the Luas per se but to the capacity of the junction. Proposals are being developed which we expect to be finalised shortly and on which the Minister expects to make announcements in regard to the upgrading of the roundabout which, apart from dealing with the much greater concerns about congestion, will also have an impact on the functioning of Luas.

We have had information about traffic flows for many years. However, this would not have been foreseen at the initial planning stage. Why is that the case?

Ms O’Neill

The issues with regard to the integration of Luas and the Red Cow roundabout were clearly foreseen at the planning stage and carefully modelled and thought through. We will wait to see what happens when Luas becomes operational in the near future. There is a view that, as things stand, it will work effectively. The much larger issue is the extensive build up of traffic on the roundabout which I understand is the busiest interchange in the State. Approximately 70,000 vehicles per day go through the roundabout which is a massively important interchange in our overall transport system. We have to address this matter in the round.

One of the difficulties with which we must always deal in planning and delivering on infrastructure is that decisions are taken a long time in advance. Experts must, therefore, try to model and predict what traffic volumes will be. When the M50 was first planned, I recall that there was a concern to the effect that we were building something which we would not necessarily need. We now find ourselves in a situation where we want to upgrade the Red Cow roundabout and the M50. The retrofitting of routes is always an expensive process, as is the making of changes.

What is the most recent plan for the junction?

Ms O’Neill

There is quite a developed plan for the junction in terms of changing its layout. This will cost somewhere in the order of approximately €37 million. The plans have been developed and proposed and begun to undergo the planning process. We are waiting for proposals from the NRA on the financing of the project.

I will allow other members to pursue that matter further.

In 2002 the Department received receipts from National Toll Roads of approximately €9 million in respect of the M50, considerably up on initial estimates because of the additional traffic flows. Does Ms O'Neill believe this is an acceptable price for tying up tens of thousands of taxpaying motorists each day on the M50 in what is the biggest avoidable traffic jam in our capital and which causes enormous frustration and has other downsides? Is it not time there was an audit within the Department of the value of the toll bridge in view of the cost to productivity in workers trying to get to their places of employment, the major pollution caused by cars backed up to Finglas on one side of the bridge and almost as far as Tallaght on the other and the frustration felt by ordinary people? I suggest it is an anachronism which should be removed.

Ms O’Neill

The Deputy will appreciate that it is not appropriate for me to comment on policy issues. I will, however, provide a few items of factual information. The contract in respect of the M50 was entered into some considerable time ago when the traffic volumes we are now experiencing on the motorway and at the Red Cow roundabout were not predicted. There has been a great deal of learning from this experience in terms of how we now construct contracts under our public private partnership arrangements in respect of toll roads in order to ensure, in the first instance, that the revenue share that the State receives where traffic volumes increase more speedily than originally predicted is far greater. That is on the income side.

The other aspect is that there are a couple of related issues regarding congestion on the M50. The first of these involves the way the motorway was designed, namely, the fact that the junctions are quite close to where the toll bridge is situated. This adds to the pressures on it. Some of it has nothing to do with the toll bridge; it is the layout of the road. The latter will have to be considered in the context of the overall upgrading.

The Department is anxious to move as far as possible to a situation where there will be free-flow tolling. With this system, even though the toll will be in place, motorists will be able to move through the barriers as speedily as possible. New dedicated lanes for vehicles using electronic tolls have already been introduced. We are interested in encouraging developments in this regard to the greatest degree possible. These are some of the issues that can be addressed. There is a detailed contractual arrangement in place which I obviously cannot discuss.

I thank Ms O'Neill. I appreciate that there are policy issues involved but an audit should be carried out of the huge downsides for workers in that regard. It is stated on page 231 that a sum of €3.9 million in respect of receipts from air transport operators for aviation terrorism third party indemnity was paid to the Exchequer.

Ms O’Neill

To which subhead is the Deputy referring?

It is not a subhead, it is No. 7 — Extra Receipts Payable to the Exchequer.

Ms O’Neill

That refers to receipts from air transport operators for third party indemnity paid to the Exchequer. I will clarify this if I need to communicate further with the Deputy on it but my recollection is that it relates to a particular arrangement entered into as a result of difficulties arising from the events of 11 September 2001. A decision was taken by the European Commission that member states could give state aid to air transport operators which needed to take out insurance. The figure to which the Deputy refers is the third party indemnity in respect of this. Air transport operators had to take out insurance on foot of worldwide concerns caused by those events. A refund of the moneys granted in aid by the State was sought from the air transport operators and the figure provided represents what was received.

Was it a full refund of the amounts paid by the State in respect of insurance for air transport carriers?

Ms O’Neill

There may be some amounts outstanding. I will clarify whether the full amount was recouped.

Under the heading "Miscellaneous Spending", there is a sum of €700,000 relating to the programme for peace and reconciliation. Does this have anything to do with training the Minister for Transport to treat transport workers with due consideration and respect or was it for other purposes?

Ms O’Neill

It is actually for Derry Airport. As part of the programme for peace and reconciliation, we have offered to support developments at the airport.

Do I understand that not even one euro has been allocated to improve the manners of the Minister in respect of his dealings with the trade unions in Aer Rianta and Dublin Bus?

I was interested to hear Ms O'Neill's replies about the Dublin Port tunnel and the Red Cow roundabout. We will have to wait and see what happens. I wish to explore what controls are in place in respect of the national roads programme. I presume Ms O'Neill is the Accounting Officer for the National Roads Authority.

Ms O’Neill

No, I am not. The National Roads Authority is subject to separate audit by the Comptroller and Auditor General. The chief executive of the authority is its Accounting Officer. However, it is obviously one of the agencies under the auspices of the Department.

How do Ms O'Neill's functions mesh with those of the chief executive in ensuring value for money and the receipt of tenders for the national roads programme?

Ms O’Neill

The Department is responsible for policy in respect of the national roads programme. We set the policy framework and provide the National Roads Authority with funding. We expect the authority, within the broad parameters of the policy laid out by the Minister, to ensure it delivers a programme which provides good value for money and that it monitors expenditure and accounts directly to the Comptroller and Auditor General and the Department in respect of it. One of my assistant secretaries is a member of the board of the authority, which gives us a direct link to its operations. Essentially, it is directly responsible for obtaining value for money in respect of the national roads programme. It is a matter in which we take a great interest and which we have watched closely.

We are looking at strengthening the arrangements in place with the authority, including the putting in place from this year of a financial envelope for five years, which would give more certainty and allow for more planning. The Comptroller and Auditor General is about to complete an audit of the authority's spend on the national roads programme, having regard, in particular, to the concerns expressed over a number of years about increased expenditure on the programme. I have closely examined what has happened and have a clear understanding of the issues that gave rise to its expansion.

We also have arrangements in place whereby we have responsibility under the ESIOP, one of the EU operational programmes, which has oversight. Most of the national roads programme is funded through the ESIOP and the steering committee is chaired by my Department which also has an oversight role through the programme of the audits of expenditure that take place.

We also have a major reform programme in place for the NRA which recently received a consultancy report which advised it on how it might strengthen the arrangements in place for the delivery of the programme and strengthen its role in that context. When the Department was formed, an additional allocation by way of Supplementary Estimate of €125 million was made to the authority. This was in the context where expenditure on the programme had been increasing speedily over a period and there was concern at the significant escalation over that period in construction cost inflation which at that stage was running at 12% per annum.

Since the Department was formed, we have maintained, in conjunction with the authority, tight control of the budgets it has been allocated. There have not been overruns. We are much more satisfied now at the extent to which it is getting value for money in its spend. There has been a move away from the traditional form of public procurement contract in the civil engineering sector, because of the strengthening of the contractual arrangements put in place, to a scenario where much greater use is made of design build contracts. The authority is more successful in its cost estimation and cost control and in securing a good price for projects that will be delivered on time and within budget.

We are particularly satisfied with the way in which the public private partnership programme is developing in the good deals generated. There has been a great deal of learning. The NRA went from being quite a small agency with a relatively small budget to managing a much larger budget tightly to obtain value for money.

When we discussed chapter 10, Ms O'Neill stated control arrangements for expenditure on major infrastructural projects were in place in the Department and that there was tight management control of projects. What arrangements are in place regarding the roads programme, apart from the Department's general position?

Ms O’Neill

Through the stewardship of the ESIOP which is chaired by the assistant secretary of the Department we have oversight arrangements in place, including a structured programme of audit of the roads programme, which is undertaken under it. It is a series of cascading audits from transaction level up to programme audit which maintains tight oversight of what is happening. Detailed information is available.

Is there a view within the Department of a reasonable cost for 1 kilometre of carriageway?

Ms O’Neill

I do not have the precise figure to hand but well established figures are produced by the NRA on what the reasonable cost per kilometre of motorway will be. The cost per kilometre of carriageway or motorway will vary depending on the circumstances. For instance, on the Dundalk western bypass more bridges are involved which can make a difference to the cost. There will be variations but that has been one of the major differences.

I refer to the difficulties that arose in the early days in terms of the gap between what it was originally thought the roads programme might cost and what it is costing. There were a number of elements to it, one of which the methods of cost estimation were not as strong or robust as they needed to be. The authority has developed its own cost estimation expertise and is in a much better position to benchmark standard costs and compare bids in the light of this and the circumstances where costs can be greater. It has also worked hard on examining the use of standard designs for bridges and other constructions which will minimise the cost of the programme and make sure the learning from the programme will be maximised.

Mr. Purcell

I wish to confirm what the Secretary General said. We are finalising a report in this area, specifically on the causes of the apparent major increase in the cost of the national roads programme, and also examining the different risks in that area and how they are being addressed. This funnels into overall management of the programme but I am afraid if this line of questioning continues much longer, the Secretary General might give the Deputy an insight into what might be contained in the report.

Against the background of monitoring in the Department, what has been the trend in costs for road building since 2001? Has Ms O'Neill an estimate of the inflator for 2004 on public tenders for roads?

Ms O’Neill

I know the Comptroller and Auditor General is afraid I will steal his thunder regarding the upcoming report but I am commenting on our analysis because we have been tracking the programme independently. The original estimated cost of the programme under the NDP was €6 billion, at 1999 prices. The figure is €15.8 billion at 2002 prices. As the Comptroller and Auditor General said, that sounds dramatic. However, when it is broken down, 31% of the increase resulted from exceptional items or add-ons to the programme. In other words, the programme we are building is not the same as that originally set out in the NDP. Almost 49% of the increase comprised a combination of inflation in construction costs or underestimation initially. It was price related. The balance was made up of refinements to the schemes. Inevitably, when one tries to cost schemes, one must refine them when one uses more accurate route selection.

Construction cost inflation was running at an average of 12% and there was a rapid increase in land costs due in part to a deal done with the IFA. Construction cost inflation has moderated to approximately 5% per annum. The inflator is broadly in line with general inflation. That is the inflator we are putting in.

We have learned from the experience of the roll-out of the national roads programme that there is an upper limit on how much money can be pumped into the roads construction sector at one time. If too much is put in at any one time, it will be too inflated. The flow of money needs to be steady. The move to a five year financial envelope is extremely important in this context. Because the NRA was trying to manage the roads programme with no certainty about the following year's budget, there was a stop-start effect, whereby it would get a project going and it might not have enough money to move to the next phase. A bid would then come in which would put it over the limit.

The advantage of the financial envelope is that we can give the authority a clear idea of what it will be allocated for the next five years and also allow for some movement between years. If there is a slight overrun run one year and an underspend the next, this can be managed within the envelope. This lends itself to much tighter planning.

The other significant change has been in the approach to contracts. The State bore the risk in the traditional contract. One entered into a contract with a developer to build a road and as soon as site conditions changed, the developer would be back looking for an adjustment to the contract. Moving towards a design build contract is extremely important from our point of view as it requires the developer to take more of the risk in bringing the project in on time. We are beginning to see dividends in more recent projects; there is evidence of much tighter controls. We will watch closely as this is an area with potential.

Deputies asked me — correctly — about mechanisms in the Department. I am looking at the fact that, for historical reasons, we have different arrangements for the public transport and roads sections of the Department. I have a team looking at putting a cross-Department system in place to look at the choices we make in spending money between these areas, a point raised by Deputy Higgins, and a consistent framework for evaluation.

Yes, it was always the case that public procurement contracts were advertised in the relevant European magazines announcing tenders and so on but there was also a tradition of breaking up road contracts into phases, the net effect of which was that it was not worth the while of big European players to tender for them. Has this changed?

Ms O’Neill

Yes, it has. It is one of the big attractions of the PPP programme. The scale of projects based on the PPP programme is sufficient to introduce a wide range of national and international interests, which makes bids very competitive. The Kilcock-Kinnegad PPP has just won an award for being one of the tightest schemes in Europe.

There is an issue here and one must get the balance right. It would be easy to say, "Let us build a road from Dublin to Cork under one contract" but these are complex contractual arrangements with very complex procedures involving compulsory purchase, environmental factors and other issues which have to be addressed. One needs the projects to be big enough to be attractive to a wide range of construction interests but not so big as to be unmanageable.

In addition to the work done on managing costs, other policy matters for the Department are mechanisms to speed up the time lag between taking a decision to construct something and getting on site. In this business time is money and the longer it takes to do something the more it costs, as the passage of time adds to inflation and the cost of a programme.

I take the argument that there is a limit beyond which one cannot go as it then becomes self-defeating and the extra investment in infrastructure goes on inflated figures. That has happened in the past.

Ms O’Neill

: That is right.

It happened in 1995 and 1996. Is it not now policy to bring in the big European, including Turkish, contractors? Has this not changed the situation?

Ms O’Neill

It changed——

Could as much money as is available be put into the big contracts given this is no longer a matter of internal competition?

Ms O’Neill

It is a fine balance. I do not want to claim expertise in this area that I do not have but our experience is that there is a limit to how far we are prepared to go. Even with the involvement of international contractors, this can get overheated at certain times and if word gets out that there is an unlimited supply of money, that has an effect on bids. Interestingly, the fact that finances were tighter in the last year or two meant the NRA was getting far more competitive bids. There is a national impact here. It is not just an international issue. There is no point in throwing money at this.

To get down to specifics on which officials may have information, the NRA and the national roads programme do not have a high reputation in my part of the country. The first phase of the southern ring road in Limerick was a project in which the lowest tenderer did not get the contract. Serious compensation was paid to the organisation which made the lowest bid. An error in arithmetic was made in assessing the tenders and the company which lost out got €3 million or €4 million in compensation.

A road was built to service the port of Foynes but it was not opened for a year because of some silly row with CIE which would not give permission to allow traffic to cross what was, in effect, a derelict rail line. One had a Mexican stand-off between two State bodies with a road on which no one could drive. As a result, lorries were driving down the main street of a village and though the matter was resolved, it cost money.

There is also the parkway, a stretch of motorway on the Dublin Road, and the Groody Bridge which has still not been completed. It has been ongoing forever. There has been slippage on the buttress of the bridge on two occasions and there are various stories as to who is responsible. The road is now open but there are still bollards near one section of the bridge and it is hard to get information on what is going on. There are claims it was under-designed because the Department did not allocate enough money for the project due to penny-pinching.

We then have a notorious project, the Limerick main drainage scheme, which is not directly linked to the Department. At a certain point the contractor was let go and the compensation case arising is going to arbitration as the conciliator recommended an astronomical amount in compensation. The link to the Department is that the same company was given the tender to complete the second phase of the city ring road. I am not sure of the circumstances but progress was slow and halfway through another contractor seems to have taken over.

When I leave Limerick, before I get to Dublin, I encounter the Nenagh bypass which was designed and built as a single carriageway, even though small children were asking why a dual carriageway was not being built. It was obvious at that point that this was necessary. I see from the latest roads programme published that it is proposed to construct a second carriageway, even though there are several bridges along the bypass. I do not know if Ms O'Neill can comment but there is a lot of cynicism about the NRA in north Munster for the reasons outlined, although I take the point that this is improving, with some very efficient road builders now in place.

The Monasterevin road looks as if it is well ahead of schedule and it will be a success. However, there are concerns about decisions not being made sequentially. I take the point that something that has bedevilled the process is the stop-start nature of the work. In this context, the idea of a five year envelope is a good one. However, there were situations where the design departments of consulting engineering firms were closed two years ago because the budgets were not available. If one has a consulting engineering company with 30 staff, they scatter to the four corners of the world if there is no work for 12 months. It can be virtually impossible to reassemble them and in some cases expertise has been lost. I welcome the assurances that there will be a five year continuum, with an envelope of money underpinning it. Does anyone have precise information on the projects mentioned?

Ms O’Neill

: No. Perhaps I can deal with this. On an earlier point, the cost per kilometre of motorway is €10.7 million. The cost per kilometre of dual carriageway is €8 million. These are the benchmark costs, although they can vary.

To reiterate an earlier point, the stewardship of national roads is a matter for the National Roads Authority and I suspect the Deputy will have a chance to ask them about projects he mentioned. We do not make decisions on individual projects. Any suggestion that the Department did not release money for a particular project is not accurate. It is a matter for the National Roads Authority board and executive within the overall policy context set out in the NDP and particular policy directions, which were to focus this year on the BMW region and give the major inter-urban roads attention. It is a matter for them to manage the specific projects. I suspect that the stop-start nature of funding could be a contributory factor in some of the issues raised. The management by the NRA of the detail of the programme, which ranges from very large projects, like the Monasterevin by-pass, to relatively small ones, is a matter for them.

I will study closely the reform agenda we will now set out for the NRA when the Minister has had an opportunity to reflect on the report received. This will raise issues about its role, relationship with local authorities, how the programme is managed and the statutory powers it might need. The issue referred to comes up from time to time. It is helped by the fact that there is now an integrated Department of Transport because sometimes difficulties can arise between State agencies. When issues now arise between, say, the NRA and CIE, because of CIE property being affected by the alignment of a road or whatever, at least we have the opportunity within the Department to surface the issues quickly through the agencies and knock heads together to resolve them. The specific projects raised are matters for the NRA itself.

Is the Department responsible for overall monitoring?

Ms O’Neill

It is responsible for overall monitoring, including compliance, budgets and value for money. We do not go into every single project. The statutory framework is in place. The chief executive of the National Roads Authority is the Accounting Officer for that programme. He is required to report to his board on his stewardship of the programme within the parameters set by the Department. We have an overarching audit function, which is clearly delineated.

Public-private partnership has been the policy for several years but it did not get off the ground for a long time because there was always an argument about who carried the risk, if that is not over-simplifying what is going on. What is the best example of public-private partnership delivering on a roads project? Is it simply design and build at this stage or do you still envisage projects which would finance, design, build and manage as was originally envisaged? If so, what arrangements are there for carrying the risk? You might as well build them yourself because you will get the money through the NTMA cheaper than procuring it privately, unless there is some advantage in the private sector doing it. The State carries the risk anyway. There are some advantages but I believe the transfer of risk is key.

Ms O’Neill

The transfer of risk and the bringing in of expertise is key. I will give the Deputy one example which was signed in recent days, that is, the Dundalk western by-pass. The contract provides that the NRA will make no payments whatsoever to the consortium. The consortium will pay 95% of the toll revenue collected in Drogheda during the construction period to the NRA, including a share of future toll revenue. Obviously the Dundalk western by-pass is an integral part of the M1 corridor. It will reduce travel times by up to 30 minutes. In this context, the consortium is building the new 11 kilometre section of the motorway, which includes seven kilometres of link roads and 12 over and under bridges. It is also taking over the operation and maintenance of 43 kilometres of existing motorway from Hayestown to Gormanstown, including the Boyne bridge and the toll plaza, for a 30 year period. This is an example of handing over a project and saying, "Deliver us not just a stretch of motorway but the maintenance of it for a 30 year period". It will also take over the operation of the toll plazas adjacent to Drogheda within 30 months and upgrade the plazas with electronic toll collection, together with non-stop electronic lanes. It will be required to invest in the full 54 kilometres of the road, prior to being handed back to the State, in order to provide a satisfactory residual life after the end of the 30 year concession period. This is an example of a very good deal from the State's point of view. It means no money will be paid upfront while at the same time there is a very serious risk transfer.

Is Ms O'Neill saying that it will design, construct and maintain into the future?

Ms O’Neill

Yes. It will design and construct not just the new stretch but also maintain the existing stretch of road.

It is not operating to a pre-ordained NRA design.

Ms O’Neill

No. It must deliver.

Does it finance as well?

Ms O’Neill

Yes.

Is Ms O'Neill familiar with the nature of the financing as a Department?

Ms O’Neill

Yes, as a Department. I do not necessarily have all the details in front of me. We assess a proposal that comes forward in terms of financing as follows. We look at what it would cost if we were to do the work ourselves as normal public procurement. We consider if we were to put a toll collected by the State on it. We would consider what they are offering to do and how it works out from their point of view. The NRA looks closely at the proposals made.

Is the proposed toll the only source of revenue to the construction company?

Ms O’Neill

Yes.

Have you control over the level at which the toll can be placed?

Ms O’Neill

Yes.

Is it within parameters, in absolute terms or is it traffic dependent?

Ms O’Neill

The toll is not traffic dependent. It is set by the NRA. It is subject to normal variation in line with inflation. Certain standards are set down in the toll arrangement. What is dependent on traffic levels is the revenue share of the toll revenue received by the State. That is a significant improvement on the arrangements that were in place when the M50 was built. At this stage the consortium making a bid must make a judgment as to what it thinks traffic levels will be. The NRA must also make such a judgment. Independent assessments are carried out. If traffic levels rise beyond a certain level it increases the share of revenue the State receives from the toll revenue.

In order to give us an idea of whether there is value for money, could you indicate the kind of financial model being used? I recall in the late 1990s very strong arguments about the private developer not being willing to take the risk, but certainly being willing to take the revenue, and projects did not go ahead. The models at that time indicated that, typically, a road construction company would finance 20% of the cost out of equity and about 80% through bank borrowing. The bank borrowings were approximately two points above what the NTMA or the State could borrow at. A return of approximately 16% or 17% was expected on the equity side. Can you give me numbers along that model?

Ms O’Neill

I cannot give specific numbers, even though I am aware of the principle.

Have you looked at the models?

Ms O’Neill

This morning I looked at the particular example worked in this case. I do not have it in front of me. Some of it would be sensitive information. The internal rate of return is looked at closely. I am satisfied that the arrangements entered into by the NRA in regard to PPP projects, and the very favourable comparisons between them and the public service comparator used as the base case to test propositions, means there is a very significant transfer of risk to the private sector in this programme, and it is prepared to participate on that basis. I cannot give the Deputy chapter and verse on specific issues. The concern in the past that there was no real risk involved has been overtaken by the new form of PPP arrangements.

I am sure other committees have had people from the Construction Industry Federation and others before them who would complain that we are far too rigorous in terms of our demands on the private sector. I would prefer to err on that side in terms of the arrangements in place. There was concern at one stage as to whether they would be attractive enough. There is a level of international interest and some very competitive bidding for the opportunities available for construction in Ireland.

I understand why Ms O'Neill cannot give details of a specific project, such as the Dundalk project. I am not asking for that. However, if the committee is to have an insight into whether or not there is value for money we need to know how much more expensive it is, typically, for private sector construction companies to borrow than for the State to borrow on big projects. There is a margin there, obviously, where one has to get payback in terms of efficiencies and transfer of risk. We cannot compare unless we have some idea what is pencilled in for the rate of return on the venture capital. Otherwise, the public would have no idea whether or not PPPs are simply a way of providing additional funds which, until yesterday, seemingly could not be got because of the stability and growth pact and do not provide value for money.

Ms O’Neill

Questions regarding such details would be more appropriately put to the chief executive of the National Roads Authority, which is the contracting party in these PPP arrangements. There is much detailed information. From our point of view we look at the information provided to us to satisfy ourselves that the very rigorous tests have been followed, so that the NRA is satisfied that value for money is being obtained. The information the Deputy is seeking is available but it would be appropriate to seek it from the NRA.

I appreciate Ms O'Neill's position. However, I have asked the Department of Finance, who held things up for years, about this issue. That Department must have the information. It would not have given the go-ahead unless it was satisfied.

Mr. Hurley

I am sorry. I cannot hear what Deputy Noonan is saying.

For many years, the Department of Finance, in effect, refused to sanction public private partnerships for roads because of the issues I have raised. Now, the logjam seems to have been freed. Therefore, the Department of Finance must have information on the templates being applied to help the Secretary General of the Department Transport.

Mr. Hurley

I have no expertise in that area whatsoever.

Is there someone here from the Department of Finance who has?

Ms Deirdre Hanlon

I do not have an expertise in the area of public private partnerships and I have only recently been dealing with the Department of Transport Vote. In general terms, the EUROSTAT ruling, to which Deputy Noonan referred earlier, gives us helpful clarification on certain issues concerning how we would account for public private partnerships and the State element of funding in them. As the Deputy is aware, that ruling was released yesterday by EUROSTAT and we are examining it very carefully. The Secretary General mentioned earlier that there is a cross-departmental mechanism for the Department of Finance to consult with the Central Statistics Office and a number of key Departments which are involved in rolling out particular projects, to look at the effect the ruling will have on our accounting treatment. However, the key issue in relation to investment, whether in public private partnerships or other traditional Exchequer based investment, is the value for money return on a particular project. That is the primary issue which is considered.

When we come to consider a public private partnership proposal the value for money of the particular project is examined. There then has to be consideration of the mechanism by which the project can be delivered. If the proposal is for a PPP style delivery mechanism where there is transfer of risk to the private sector, a costing of that is done. There is also a mechanism, to which the Secretary General has referred, for a public sector comparator. The crux of Deputy Noonan's question is whether or not the PPP mechanism will deliver us better value for money in aggregate than more traditional mechanisms. That issue is taken into account in the assessment of the project and in coming to a decision as to whether it should be proceeded with.

I appreciate that. It is most helpful. However, my difficulty is this. The public is increasingly doubtful about all authority systems, whether it be the public service, politicians, the Garda or the church. They will not take on faith a statement from someone in authority that he has looked at a project privately, is bound by the confidentiality of the tendering system, knows the PPP is the better way to proceed but cannot tell them why. I am asking if the information will be made available to satisfy public curiosity and concern about PPPs? Will the kind of questions I am asking be answered, at least in general terms?

Ms O’Neill

I note what Deputy Noonan says about authority systems. There is, clearly, a need to make information publicly available to give people a feel for how decisions are approached. I will talk to my colleagues in the NRA. I think it should be possible to give some general information. As Deputy Noonan says, he is not seeking details of specific contracts. There is a PPP unit within the Department of Finance which works closely with the Departments which are involved in the roll-out of the PPP programme and with agencies such as the NRA, constantly to refine and revise the arrangements we have. This is an evolving approach to policy. We are constantly striving to make sure we are getting the best value for money and refining the arrangements we put in place. I am prepared to give general information on the roads programme. The more specific questions might more usefully be put directly to the National Roads Authority. It is the contracting party and has in-depth experience, as a result of working through a number of contracts.

I do not mind where the information comes from. However, if there is not transparency which convinces the normal intelligent observer that PPPs give better value for money than funding projects by the traditional manner, rumours will abound that such and such a contractor got a big project and is making a fortune from it. The rumours will be that he is ripping off the system, has political connections and so on. I am putting this point as strongly as possible. Public private partnerships will die in their infancy unless the kind of information I am seeking, in general terms, is provided, either by the National Roads Authority, the Department of Transport or, more importantly, by the Department of Finance.

The Comptroller and Auditor General's has prepared a special report on this issue. We will invite the National Roads Authority to the committee and focus on the report at that stage. You have raised some very important points, Deputy Noonan.

When the committee questioned the National Roads Authority on the question of transparency in PPP arrangements last year, the authority was very slow to answer the questions Deputy Noonan has raised. We will be at the cutting edge of this issue. Toll roads are becoming more common. The public become cynical when they have to pay for something the financial basis of which they are not sure of. We are concerned here with the principle of ordinary people having to put their hands in their pockets every morning to pay a toll. We were not happy with how things stood the last time we met. I am delighted with the Comptroller and Auditor General's reports in this regard.

I find it difficult to accept that a monumental mistake has not been made on the construction of the Port Tunnel. I would feel very foolish if I built a garage and found on the first occasion I tried to enter it that the car did not fit inside. Many lorries trying to enter this tunnel will not be able to do so. I know very little about the construction of a tunnel. I am aware a particular machine was used to dig out the circumference of the Dublin Port tunnel. Apparently, new lorries are so large they will not be able to enter it and it will be hugely costly to alter it. This increase in the size of lorries is not an Irish problem, it is world-wide. There has been mismanagement in this regard. Perhaps Ms O'Neill can outline what is to happen?

Mr. O’Neill

The Dublin Port tunnel is being constructed with a clearance height of 4.9 meters and an operational safety height limit of 4.65 metres within its diameter. That is higher than the clearance height in many tunnels across Europe. There are height restrictions in place in all European countries except Ireland, the United Kingdom and Spain. That clearance height will be more than sufficient to cope with traffic from those countries.

The Deputy referred to trucks coming from Dublin Port not being able to get through the tunnel. It is important to point out that they are unable to get through many other parts of the Irish network. One cannot build to cope with developments that might take place in the future. The attitude throughout Europe tends to be that one goes with a particular height and restricts traffic to deal with it. This issue relates to a relatively small percentage, approximately 1.5%, of trucks as compared with the 9,000 or 10,000 we expect to use the port tunnel every day.

The Minister decided to investigate — ultimately, it is a policy matter for him — whether it would be feasible at this stage within the circumference of the tunnel to extend the operational height by a number of inches to allow for clearance of more, if not all, trucks. However, doing so does not mean there will not be further super-height trucks in the future. The Department is concerned about a wider issue in terms of the safety of such trucks. This is a policy decision for the Minister in terms of cost on the one hand and possibilities on the other. It is for him to weigh up.

It is important to point out that the assessments made at the time were in line with the best designs in Europe. There was no question of our being short-sighted at the time.

Should the tunnel not have been built to the maximum height in the first instance? There was no credit to be gained from constructing it at a lower level.

Ms O’Neill

One is always trying to balance a number of different issues in terms of circumference, clearance and operational heights, the width of the carriageways, safety issues and lighting. There is always some room for manoeuvre. It is not just a matter of building the tunnel as high as one wants; one must balance a number of challenges in terms of making the best use of the space within the circumference.

I would like to deal now with issues relating to regional airports about which there is much debate at the moment. I do not wish to raise policy issues such as the break up of Aer Rianta.

There is much concern vis-à-vis European Union competition law and the substantial grant aid given by regional airport managers. Will they be curtailed under our new system. Perhaps Ms O’Neill will inform the committee of the importance of Government subsidies to regional airports.

Ms O’Neill

If I may, I will deal with the matter by way of the figures I have to hand for 2002. In 2002, we spent more than €24 million on regional airports. Of that, €20.5 million was spent on the essential air services programme. There is no threat to that money because it is provided for under EU State aid laws which allows us to put arrangements in place to fund essential air services.

What about the Ryanair decision?

Ms O’Neill

That decision has no implications for the PSO regime. However, it is worth pointing out that the cost of the regime has increased quite significantly. I am sure Deputies are aware that the one-way trip subvention arising under the PSO regime can be substantial, ranging in 2003 terms to as high as €278 for Knock Airport, which is very high, and down to €52 for a one-way trip from Galway.

As a Department, we are concerned that the cost of the PSO programme has increased quite dramatically. We need to examine the best way of obtaining value for money from the programme while at the same time providing for essential services between the regions. In that context, we carried out an expenditure review of the programme last year. We are currently examining the outcome of that review and are looking at ways in which the PSO arrangement could be structured so as to facilitate operators wanting to use a particular aircraft more intensively. We are considering whether there is any real benefit to be obtained from having to meet certain "red eye" requirements for early morning flights or to inter-line with flights out of the country. The PSO is not used to any great extent by people wishing to get from Knock to Dublin to catch a connecting flight to London. It is used more for regional travel.

In that context, we will be reviewing the PSO arrangements and looking at how we can get the best value for money for the kind of spend involved, which is running at approximately €20 million a year. Apart from the PSO arrangements, we have two much smaller programmes of support for the regional airports. One is a capital grants programme under the NDP, the spend on which was €2.2 million in 2002. That covers essential developments at regional airports such as runways, safety and so on. That, too, will be unaffected. We also provided €1.9 million in marketing grants in 2002. That figure increased to €2.2 in 2003.

On the issue of grants, nothing arises from the recent Charleroi decision which has any implications for Government grants to regional airports. The issue for regional airports concerns how they use those grants to attract business. Nothing is evident from the decision made in the case of Charleroi — we are waiting for the fine detail of that decision — that would have implications for either the support schemes we have in operation or the measures the airports themselves have on offer.

In so far as the review is concerned, I hope the spatial strategy concept and distance from Dublin et al. will be taken into consideration. Many of us at the other end of the country have grappled with regional development. However when we hear of a proposed review, it is not usually to our benefit. I hope the boot is not coming in on that side.

An evaluation of the spend under the National Development Plan 2000-2006 was done which shows again that the spatial strategy was put standing on its head. Spending in the greater Dublin area was approximately 150% of what should have been spent at that stage but in the BMW area it was as low as 57%. How will the Department of Transport and the National Roads Authority apply equity in this area?

Ms O’Neill

The Department is working closely with the Department of the Environment, Heritage and Local Government on the implementation of the national spatial strategy. As an integrated Department of Transport we have a good opportunity to look at our spend in the round. The spend on roads and public transport and the spend between the regions was mentioned earlier. It is true that the spend was lower than we would have wished it to be on roads in the BMW region in the period up to 2002 and greater in the southern and eastern areas. A similar pattern can be seen in public transport. Part of the issue is that a number of large projects in the southern and eastern areas impact on the spend in the national roads programme. These include the Dublin Port tunnel, the south-eastern motorway and the Glen of the Downs motorway. These large projects absorb a significant part of the total spend. The situation is similar regarding the public transport spend where a large development is taking place at Heuston Station. It is important to note that the kind of developments in infrastructure happening in the south and eastern region and in Heuston Station may have a significant impact, in terms of quality of service, on the BMW region. They will facilitate faster turn around times and more frequent train services.

However, we are concerned at the slippage and agree there is a need to up expenditure in the BMW region. At the request of the Minister to the NRA to look at spend in the BMW region, we will have a 62% increase in spend on the roads programme in the BMW region in 2004 as compared to last year. Between the projects already under way and those begun this year we have approximately €750 million worth of projects in the BMW region underway on roads. This is an important issue.

Very important. Does the Department consider that such funds should be ring-fenced for future practice and policy? If policy makers decide that X funds should be spent in a region, those funds should be ring-fenced and spent in the region irrespective of the appetite or demand for those funds elsewhere. Can Ms O'Neill see that happening?

Ms O’Neill

I think the intention behind the national development plan was a kind of ring-fencing of set amounts. If we look at what happened over that period of the programme, it is important to note that certain projects went ahead not at the expense of projects in the BMW region but simply because they were moving faster and were at a different stage of development. The important issue is to ensure that we get a good number of project starts under way and that progress is maintained in the BMW region. The national spatial strategy gives us an extremely valuable backdrop against which the NRA and State agencies can prioritise the options for spend in the BMW region and for local communities to inform us of what is needed most in their area.

The Department has been told that for years.

Ms O’Neill

In the context of the regional planning guidelines that have been developed as part of the national spatial strategy, we now have a real framework for prioritising and identifying projects which will give the best return on investment to local communities. That is helpful to us and it is what we need. As a Department operating within the framework of Government policy, we are committed not just to addressing the congestion and other issues faced by Dublin as the capital city but also to making a contribution to balanced regional development.

On the question of the Dublin Port tunnel, for safety reasons we need a strict regime for truckers and hauliers. We have not got this at the moment. Drivers drive at excessive speeds and damage is done to our roads by certain types of trucks. In a few hours I will drive on the Cork-Dublin road. Last Thursday week, the week after the fatality on that road, I could very easily have been killed by a truck. It was passing out a group of trucks and came out two thirds of the way into my lane on a straight road. If I had not been observant enough to see him, I was gone to the cleaners. This is happening regularly on our roads and we need stricter standards. We battled for years in the EU to limit axle weights on trucks but now some people want us to allow monstrous trucks to use the Dublin Port tunnel They do not care how big or how heavy they are. We should not give in to them. We must have a stricter regime and must impose speed limits.

Deputy Noonan said the public is critical of all agencies now, as well as of the church. I would like to balance my criticism with an acknowledgement of the work that has been done. The NRA comes in for a lot of criticism but I regularly drive the southern side of the Limerick road where excellent bypass facilities have been provided to avoid Patrickswell and the next village — where Deputy Michael Collins lives. It is a massive scheme.

On the matter of the arithmetic of the SIAC contract, I was in the Chair when the issue was examined. It was a matter of staff correcting obvious mistakes in the arithmetic — which they are no longer allowed to do. We learned something from that and now there is a prohibition on it.

I have some other mundane issues to raise. I compliment the Department and the Minister on what has been done on the roads on which I will be driving this evening, including the work done at Kildare and Watergrass Hill. However, hardly anybody has raised the issue of the standard and condition of road signs. The situation is atrocious. I do not mind the old signs so much but over £100,000 was spent on the newer green signs, which are desperate. Three years ago I pointed out to the CEO of the NRA that 45 of the signs between Cork and Dublin were badly damaged. For example, the four warning signs at Cullahill telling drivers to slow down were so badly positioned and engineered that they were mashed and battered into pieces. The result of my intervention is that now, three years later, the four signs have been replaced in the very same positions. The old ones were mangled and had been struck dozens of times and I presume the same will happen again. I am concerned about the engineering aspect, including the location of signs. Will somebody examine that issue?

Another issue of which I have accused the NRA publicly is the overseeing of the building of hazards on all roads in the name of providing supposed traffic calming measures. Hundreds of little islands have been built which include logos for traffic calming. They are all built with mass concrete, are black and are a dangerous hazard at the entrance to every village and town. Three years ago I asked about the simple procedure of providing reflective studs around the bottom. The latest ones I have seen are in New Inn, County Tipperary, where something seems to have been done. There is a small flat roundabout with an illuminated edge. It is criminal that it has been allowed to do this in such a casual fashion and I know it will filter down through the local authorities but the Department is in charge of design nationally. Probably 50% to 60% of the blue items are gone, they have either been demolished or blown away and the edgings all have black tyre marks. It is crazy. I do not have figures but know that 87% of all pedestrian fatalities happen at the approaches to towns and villages where lighting is bad. Now these things have been added.

I ask the Department to look at the crazy situation at the Portlaoise bypass where a quarter of a mile of road has been built with 500 or 600 little bollards along it. It has been like this for the last five or six years. Originally there was a difficulty with the land. Each time I travel that road I cross into the direct lane of Limerick bound traffic. If I applied for permission to build such a road, I would be refused on grounds that it would pose a hazard. On balance, however, I acknowledge that great work is being done.

Some of the questions raised by Deputy Noonan were related to the achievement of value for money. The delegation has stated there was a 49% increase because of inflation and increasing construction costs. There were rumours that there were cartels and that people could pick and choose jobs. A Turkish company is building the Ballincollig-Bishopstown bypass in Cork. How is that work progressing? I was informed that all sorts of things had gone wrong because obviously the people concerned could not build roads — they were Turks. Are many non-Irish tenders being submitted? I disagree with bundling five or six contracts to ensure we get Germans or French or some major international players to bid. While Irish people need support, they also need a fair level of commission. I disagree with only bringing in German and French firms to do this type of work.

Ms O'Neill may wish to reflect on the questions asked and forward the information to the Deputy.

Ms O’Neill

On the two points I can answer now, the Deputy mentioned the Ballincollig bypass.

It cost €68 million last year and €48 million this year.

Ms O’Neill

It is due to be finished in the last quarter of this year.

We have no major complaints.

Ms O’Neill

I am not aware of any issues. Some of the specific issues raised are matters for the NRA. I will pass on the issues raised by the Deputy.

On the general question of road signs, there will be an opportunity before the end of the year, in the context of metrication, to do a complete overhaul of speed limit signs. The National Roads Authority will oversee the project for the Department. We expect it to adopt best practice with regard to safety issues. I will communicate with it on the specific points made by the Deputy.

The NRA is not doing it. It spends a lot of money putting up signs which are damaged repeatedly. Signs only up one or two months have been damaged by passing vehicles. The standard of signage is equally important. For instance, there are signs near Johnstown on the Naas Road which are illegible. They are modern signs, not 30 or 40 years old. The material used is bad and they have two or three joints. There is a large sign — obviously, a State one — advertising the national development programme. It measures approximately 20 ft by 20 ft and there is a three foot gap in the centre. We are paying for this. I am not questioning the amount which is big but believe we should get value for money. Somebody such as the NRA or the local authorities must call a stop.

I wish to ask about Ryanair and the airports, a matter queried by Deputy Connaughton. I am a member of the Cork Airport consultative committee. We sent a delegation to meet Mr. O'Leary to find out why he was not utilising Cork Airport in the same way as other airports. I paraphrase his response. He stated we could not offer the same deal as other airports. To the knowledge of the Department, would the likes of Shannon Airport have been able to offer the Brussels type concessions? Was that happening in Ireland? I was flabbergasted to think that Cork Airport under the auspices of Aer Rianta could not compete with other airports.

Ms O’Neill

To comment on the Charleroi decision, we await the full details. When they are forthcoming, we will study them in some detail. There is a policy issue to be addressed and it will be raised by the Minister at the Transport Council — how to balance two issues, first, to provide a level playing field for all public airports which would be good from our point of view. There is value in having a set of clear ground rules for all airports. The other is to ensure that whatever guidelines emerge on foot of the precedent set in the decision are not so restrictive that they impact on the ability of State airports to compete effectively with private sector airports. They are the two issues involved.

There are a number of measures that the airports at Dublin, Cork and Shannon have used over a period to attract business. They include offering discounts and the like. I am not familiar with all of the details because obviously it is a matter for Aer Rianta. On the face of it, the effect of the decision that relief should be limited to a period of five years should not present a major problem to our airports as they stand but it is something we want to study carefully before any general rules emerge.

Is Shannon Airport doing something that Cork Airport cannot?

Ms O’Neill

I cannot comment as it is specifically a matter for Aer Rianta to decide what regimes and reductions it should offer.

I hope when we have an independent republic, we will have this.

I mentioned last night in the debate on the Finance Bill the EUROSTAT ruling and the stability and growth pact. I presume the significant change is that we can exceed the level of 3% in expenditure over budget or does it totally affect the frontloading requirement, that all costs are included on the day the contract is signed? Which is changing? In the context of the five year envelope, how big an impact will this have? I know it is very early days but I am sure the Department had this worked out in anticipation.

Three years ago the Minister tackled the Commission on the restrictions. Three months ago in an effort to get support Mr. Prodi said it was a stupidity pact. Does the Department anticipate a lot of extra money to come in as a result of this change? Does it mean that we can now spend a lot of money that would have been tied up because of the frontloading requirement? Obviously, I am thinking primarily of the Cork School of Music.

Ms O’Neill

To be clear, there is no change in the stability and growth pact per se; there is no change in the limit of 3%, an outer limit that has to be adopted. This is simply guidance about the appropriate interpretation of accounting rules as they will apply to projects. Therefore, there is no change in the rules as far as the stability and growth pact is concerned. It is simply a question of how expenditure on public private partnerships is treated in that context.

There are two issues. As I mentioned, there are different definitions of risk and greater clarity of what risks are taken into account in defining whether something is a PPP which can be treated off the general government balance. As the other is not specifically referred to, we need to go into this in more detail to get a better understanding of what precisely is emerging.

It appears that PPP construction related payments by the private sector will be charged over the period of construction. For instance, let us take one which is topical, the metro. The concern would have been that if a decision had been taken to build it, the entire contract price of construction would have hit the GGB in one year, which obviously would be very significant. Spreading it allows more scope for planning. Likewise, unitary repayments related to the ongoing operational costs of a project will be charged over the period of the concession.

I do not want to mislead anyone. This is not in some way about new money, funny money or something like that; it is simply about the impact on the GGB in any given year. In the first instance, it is necessary to have the money to spend but the concern we would have had with projects like the metro, for instance, was there might have been no payment from the Exchequer for a period of years — perhaps until the project was completed. However, the impact would have been felt on the GGB in a very significant way on the day the project started. This will enable better planning.

It is far too early to say what is the significance of this. It will depend on particular projects which, it is important to keep restating, must first be assessed on their merits in terms of value for money. It is only when we are looking at the accounting treatment that we will ask whether we will have the money to do it at the time when the bills will fall due. However, we will not have to worry in the same way as to whether it will hit the GGB in the year we make the decision.

When I go back to Cork tonight, I will be questioned about the Cork School of Music in respect of which Jarvis entered a contract to design, build and manage over 25 years. Ms O'Neill mentioned the example of toll roads and their maintenance. Will all of the costs be rolled up? She also mentioned a case in the North.

Ms O’Neill

I would not be comfortable in commenting on the Cork School of Music. That is for another person.

We will hope for the best.

I wanted to trace some of the questions already asked but at this hour of the afternoon it is not a practical proposition. Will the Department of Finance supply us with a note from whomsoever is the locus of expertise on PPPs on the up-to-date position in answering some of the questions raised by Deputy Noonan? This relates to the merits of taking the PPP route. It may answer Deputy Dennehy's question about the Cork School of Music, in which case, if I recall the Comptroller and Auditor General's report, the figure would rocket, not just to €100 million but to €200 million if it was to continue to perform the management function over a period of 20 or 30 years. This seems extraordinary when compared with building a school of music in the traditional way.

Deputy Noonan mentioned two points representing the difference between raising funding in the private sector and the public sector. I believe there may be as many as four. I do not want to raise questions about the national pension reserve fund and the NTMA but it would be helpful for the committee to get a note from the Department of Finance outlining the reason PPPs have stuttered and splattered up to now and on whether the Department now thinks they have been finessed to a point where there is a model capable of implementation. I will not pursue that matter.

I thank Ms O'Neill for the information she has given us. Is she saying an announcement as to whether we will tamper with the height of the Dublin Port tunnel is imminent?

Ms O’Neill

Yes, I expect the Minister to arrive at conclusions in the near future.

Does that mean during this Dáil term, this month, before St. Patrick's Day, Easter or the summer?

Ms O’Neill

I will leave it as a matter for the Minister but certainly there is a timing issue. Yes, I would expect it to be made during this Dáil term.

The duration of the project is not being extended as a result of this review.

Ms O’Neill

Not as a result of the review. Obviously, the Minister will want to take into account the implications of any change to the height, both in terms of the cost and the time it would take to complete the project. However, the fact that the review has been undertaken has not in any sense delayed the project.

If it was to decide, for example, that we would have to get a few more inches, it would not just have a cost implication, it would also have a time implication.

Ms O’Neill

It could. Again, it would depend on the options looked at. However, that is one of the issues that would have to be weighed up. It would not necessarily be significant but there could be time implications.

According to the current schedule, when is it intended that the first truck will roll through the tunnel, even if it is only a bread van of low stature?

Ms O’Neill

Would the Deputy repeat the question?

When will it be possible to drive through the tunnel?

Ms O’Neill

It is expected to be open to traffic in mid-2005.

I return to the issue of the Red Cow interchange. It is now planned to create some kind of grade separation at a cost of about €37 million based on what Ms O'Neill has said. How long would it take to complete the contract?

Ms O’Neill

It would be expected that it could be fast-tracked. I believe it would be completed in 2007. There are a couple of phases in the overall upgrade of the M50. The first contract would provide for the upgrading of the M50 which would be given priority with a view to its completion by 2007.

Does Ms O'Neill mean the upgrading of the Red Cow interchange?

Ms O’Neill

Yes, I am sorry. I meant the upgrading of the Red Cow interchange.

When would it need to start to be finished by 2007?

Ms O’Neill

It would need to get the go-ahead in the near future. It is being planning. The planning application has been lodged and some of the works are under way. By proceeding immediately with design work and statutory procedures, work could start in spring 2005 and be completed by spring 2007. Obviously, we have to go through the statutory procedures.

Will this worsen the nightmare in the interim?

Ms O’Neill

One of the difficulties we always have in Ireland is that things tend to get worse before they get better. Either we live with the situation we are in or set about changing it. Changing any situation of its nature involves road works and construction. Clearly, the effort will be to minimise the impact while the works are under way. However, there is a very clear set of beneficial impacts from the developments that will take place. I will not go into the specific details of the changes. I was even presented with a map but now is not the right time to do so.

My memory is that the engineers of Dublin County Council, as it was at the time, recommended a flyover but the Department did not agree. What does Ms O'Neill say to colleagues she meets privately who have to travel through the Red Cow roundabout every morning? What is the conventional wisdom as to the reason we made such a cock-up of it?

Ms O’Neill

Again, unfortunately, I have not been in the Department long enough to know the thinking at the time. The major issue in relation to the Red Cow roundabout concerns the very significant increase in traffic passing through the roundabout — now about 70,000 vehicles per day. The other issue concerns trying to get as much traffic as possible out of a signal-controlled environment. A signal-controlled environment at the interchange——

The original point was that there should have been a flyover. Traffic from the north or south, or from Cork or Limerick, should have been allowed to proceed unimpeded. It seems hugely sensible. Newlands Cross has been a major focus of traffic for as long as we have had traffic. The prospect of another two years of torture — two years have a habit of turning into three — is almost beyond the endurance of those who have endured the intensive Luas works for more than three years. The least we should try to do is to learn why this was allowed to happen.

Ms O’Neill

One of the difficulties we face in Ireland when infrastructural projects are being undertaken is that we have to take decisions on the basis of the cost benefit analysis available at the time. When we start such a project, it is often perceived by many as being over-elaborate in responding to the needs of the time. I do not doubt that this was the Comptroller and Auditor General's opinion of the project under discussion. Similar views have been expressed in respect of the decision to upgrade major inter-urban routes to motorway standard of service. There is always a tendency to be critical and say too much money is being spent unnecessarily. I do not know the details but I am sure people in various Departments said the M50 was being built to too high a specification at the time of its initial construction.

As I mentioned, the Department is considering how to retro-fit in such circumstances. It is a pity that we did not have the land for a wider M50 as we now have to make certain adjustments. Similarly, it is a pity that we did not have forecasts of the increases in traffic volumes as such figures would have made people think again about whether a signal-controlled environment was suitable for the M50. Apart from the natural reluctance to spend money at a time when the infrastructure budget was tight and to build to too high a specification, we were all taken unaware by the extraordinary pace of growth in Dublin's traffic, car ownership and expansion beyond its core to its new suburbs. Many now commute longer distances.

Hindsight is wonderful. It is very easy for me, as Secretary General of the Department of Transport, to speak about what I might have liked to do at the time but we have to deal with the situation in which we find ourselves. It is natural to say, "Oh no, not more road works," but there are problems if the alternative is to leave things as they are. I hope people will appreciate the Luas and the Dublin Port tunnel when they are open but they will have suffered in the meantime. There is no easy way of building or improving a road on an existing route. It is more satisfactory and much faster to go through greenfield sites.

I accept that. I do not argue against the projects in question for which I have argued in the House and elsewhere for a very long time. I argued for the Red Cow works to be done at the same time as the Luas project. This would have ensured both jobs were finished at the same time. I accept what Ms O'Neill says about having inherited this historical situation — that is the way it is — but I get the impression that the M50 project is too big for the Department. Perhaps I should correct that — my impression is that the M50 crisis has been too big for the Department which has looked at it in terms of putting another lane on either side of the motorway, constructing a grade intersection at the Red Cow roundabout, moving back the toll plaza by half a mile, thereby creating problems at the Blanchardstown exit, etc. I get the impression that people in the Department think, "Oh my God, all of that is too much, we cannot do it but if we keep our heads down, we might get decentralised to Castlebar." The Department now seems to believe — I welcome it, if it is the case — that it should proceed with the Red Cow project and that the other projects will become manageable thereafter. It could have been done at the same time as the Luas works.

I take Ms O'Neill's point about the cost benefit analysis at the time. There will always be begrudgers who say projects are being done to too high a standard. The question of design is also relevant. In fairness to the engineers, they said at the time that issues of sensible planning and design in traffic management also needed to be considered. I know that if one allowed engineers to run riot, they would build roads across one's front garden but they were right about this. The transfer of traffic along the main artery between Dublin and Cork is such that it was predictable that it would have to be developed. It is painful to think about what is going to happen.

Somebody has to be responsible for the Department's corporate memory. He or she should be able to prepare some lessons for us, arising from the mistakes of the past. We are not talking about the Dublin and Monaghan bombings — we cannot find anyone in the Department of Justice, Equality and Law Reform to tell us why the files are missing. There must be someone in the Department of Transport who was there at the time and can tell us how this problem was allowed to catch up on us. We must allow for the fact that it is difficult to foresee these matters. This country has plenty of economists who have guru status in Irish society but none of them predicted the boom. Many have been predicting its decline in recent times.

Is a decision imminent about the second terminal at Dublin Airport?

Ms O’Neill

I would like to respond to the Deputy's first point before I speak about Dublin Airport. I will deal with the suggestion that the problem is in some way too big for the Department of Transport. For the first time, a single Department is responsible for the road network and other forms of transport. This change has given me and my management team the opportunity to examine the challenges faced by the M50 in the round. The M50 is probably the critical interface between the wider national transport network and the transport network in Dublin. It is an extremely significant place in many ways, for example, if one examines the interface between roads and public transport, or between urban and rural areas, etc. We became aware at an early stage that many were thinking about different aspects of the M50 from different perspectives. It is obvious that the NRA, the RPA, CIE and others have an interest in this important route.

Far from being daunted by the challenge, the Department took time to stand back from the problem, which it is important to do. We examined how we got to this point. The Deputy is right to suggest that when I say I do not have the answers, that does not mean that an explanation of what happened in the past is not available within the Department's corporate memory. What can we learn from it? What is the correct thing to do now? What options are available to us? We recognise that we cannot bury our heads in the sand and hope the problems will disappear, or that we will be exported down the country.

The problems have to be tackled but what is the sensible way to tackle them in the round? Apart from considering the inevitable forecasting difficulties, there are two general lessons to be learned. The first relates to design. The NRA has learned, from its experience of major road projects rather than the smaller projects with which it started, that it is important to get design right at the outset. The second lesson is more tricky. It relates to not being short-sighted in one's examination of the proposals made. One should not simply think about the actual cost of a proposal and the benefits it will bring, rather one should consider it with an eye on the future.

The Deputy is aware that the proposed second terminal at Dublin Airport is a policy issue on which no decision has been taken. The Minister has indicated that he will seek the views of the board of the new Dublin Airport authority on the development of the airport. He has said he will take those views on board before he brings forward proposals for a second terminal.

Ms O'Neill referred to being exported down the country. Can I ask her how the Department's decentralisation programme is progressing?

Ms O’Neill

Although the Department is not being fully decentralised from Dublin, the overall programme will have some effects. Approximately 50 staff in the road haulage section are being moved to Loughrea while a small number who work with the Railway Safety Commission will be moved to Ballinasloe. In addition, the decentralisation programme will impact on a number of our agencies, including the National Roads Authority, Bus Éireann, the Irish Aviation Authority and the National Safety Council. We have set up a group in the Department, chaired by my colleague, Mr. John Fearon, and involving the chief executives of the various agencies affected, to look at how we will address the issues. We are working closely with the central committee which has been established but it is something for which we will plan and manage our way through it.

On Ms ONeill's point that the Department is getting a coherent grip on public and private transport and pulling transport together in a fashion that has not been done up to now, will decentralisation help that process of integration?

Ms O’Neill

It is important to say that in this day and age integration has much less to do with where people are located and much more to do with the mindset and thinking and the coherent framework policy in place in the Department. It is not a matter of as much concern for me that my staff are located here, in Ballina, Loughrea or Ballinsloe as having the right framework and management structure in place.

It is fair to say that, unlike others, Ms O'Neill is speaking as someone whose senior staff will be retained in Dublin.

Ms. O’Neill

My senior staff will be retained but clearly this is a policy issue. I do not want to stray into policy territory but genuinely believe that for Departments the issue is not about where people are located but having processes in place. I believe also the process of decentralisation — whether it is on a very significant scale for whole Departments or agencies or on a smaller scale — does offer valuable opportunities to look at the systems in place and streamlining systems and work practices, in other words, one does not take the set up one has without examining it critically and seeing if there are better and more effective ways of doing things. There are certain opportunities that can be exploited.

It was reported that in managing its tendering procedures Irish Rail was getting extremely bad value for money. A forensic accountant is checking a raft of overpriced purchases by Irish Rail. Will Ms O'Neill comment on this?

Ms O’Neill

I am aware that the issues were raised in the media. This is very much a matter for the executive chairman of CIE who has responsibility under the code of corporate governance for ensuring tender arrangements are complied with and where we become aware of specific instances where there are concerns about this, we expect him to investigate the matter.

In one case, where the normal mark up was 10%, a supplier was getting a 40% return on supplying a product to Irish Rail. Is that a sign of management weakness?

Ms O’Neill

The annual report to me from the chairman of CIE requires him to tell me that he is absolutely satisfied that public procurement rules have been applied in all cases. It is his responsibility to look at particular cases where there is any suggestion that something other than this was the case.

Is there an independent assessment of the tenders submitted to ensure there is effective value for money?

Ms O’Neill

In circumstances where the Department provides the funding for investment in projects we have a very strong arrangement in place through an investment monitoring unit which looks at the particular proposals which are all subject to audit as well as through the structures in place under the national development plan.

On the question of the underspend of €5 million under subhead C2, public transport projects, which funds the development of rural transport, I was disappointed that the fund was not fully spent.

Ms O’Neill

In that year the underspend arose from the fact that there were a number of accessibility projects such as projects to develop accessibility of railway stations for people with disabilities which were slow to get off the ground. The rural transport initiative part of the programme, which cost €3 million that year and €3 million in the subsequent year, is under way. I do not have the details to hand but there has been a catch-up on the accessibility projects.

Is that the development of the rural transport initiative?

Ms O’Neill

The rural transport initiative was being funded at the level of €3 million per annum for those years. The national development plan provided for a figure of €4.4 million in total. The programme is under way under the auspices of Area Development Management Limited. We will be getting a review towards the end of this year and looking at where we go from there.

I see also in subhead C6 that there was a €9 million underspend on the rail development programme.

Ms O’Neill

No. What appears to be an underspend on the programme was actually as a result of funding being received from the European Union in that period for the programme which meant that it freed up Exchequer money which was spent on other aspects of the investment programme. Funding arrived in that year for the safety programme.

I am conscious that Ms O'Neill and her team have had a very long day. I thank everybody.

We have concluded our examination. Vote 32 is to be noted.

We have no meeting next week. We will meet in private session on 26 February 2004

The committee adjourned at 3.20 p.m. until11 a.m. on Thursday, 26 February 2004.

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