I invite Mr. Purcell to introduce Vote 10, chapters 1.3 and 4.1 and the value for money report 56, part C, chapter 19. Chapters 1.3 and 4.1 read as follows:
1.3 Agency Services
The Office of Public Works (OPW) acts as agent for other Departments and Offices in the purchase of sites and buildings, the procurement and management of construction type contracts, and the maintenance of public buildings. Public Financial Procedures (PFP) provide that OPW requests advances from any Department or Office (as principal) prior to entering into contracts or meeting any costs. The costs are charged to a Department’s Appropriation Account when the amounts involved have been certified by OPW as having been duly disbursed by it. Where it may be some time after the end of the financial year before OPW can determine the precise amounts disbursed, a Department may, in order to close its Appropriation Accounts on 31 December, charge an agreed estimated amount in respect of agency services.
If expenditure is not significant OPW as agent may make payments in respect of the service from its own voted moneys on a suspense basis. OPW should secure recoupment from the Department concerned within the year in which the payments have been made.
These rules derive from the cash based accounting system statutorily used by Government Departments and Offices under which Dáil Éireann annually votes the sums to be made available for each service. Under this system, amounts not spent in any year are required to be surrendered to the Exchequer. Each year, I confirm that the amounts for surrender recorded in the Appropriation Accounts for the previous year have been duly surrendered.
Audit Examination
The Appropriation Account for Vote 10 – Office of Public Works shows in its Statement of Assets and Liabilities, net credit balances in suspense accounts amounting to more than €48m at 31 December 2006. This amount consists primarily of unspent balances (mostly advances) from clients totalling €62m, partly offset by amounts due from them totalling €14m for agency services provided without prepayment. The Appropriation Accounts of Departments and Offices that made advances to OPW should reflect, in their Statements of Assets and Liabilities, corresponding debit balances.
As part of my audit of the 2006 Appropriation Accounts, I selected for examination a sample of the significant credit balances recorded by OPW. Examination of the underlying transactions in this sample indicated that the amounts shown in the suspense accounts of Departments/Offices providing the advances did not agree with the corresponding amounts shown in the OPW suspense accounts.
Table 4 Comparison of OPW and Departmental Suspense Account Balances 31 December 2006
Department/Office
|
OPW CreditBalances
€m
|
Departmental Debit Balances
€m
|
Department of Education and Science
|
31.969
|
nil
|
Department of Finance
|
3.193
|
nil
|
Department of the Environment, Heritage and Local Government
|
2.325
|
1.340
|
Office of the Revenue Commissioners
|
1.207
|
0.783
|
Department of Agriculture and Food
|
1.619
|
nil
|
In the light of the variations between these balances, I sought the views of the Accounting Officers concerned.
I also asked them to outline the procedures in place to ensure that the appropriate expenditure was charged to their respective Appropriation Accounts at the proper time.
Department of Education and Science
The Accounting Officer, Department of Education and Science said OPW acted as agent for the Department in the sourcing and purchasing of sites for schools, management of the asbestos remediation programme in schools and the provision, maintenance and furnishing of its office premises network. For many years, the Department charged amounts advanced to OPW for these services directly to the Appropriation Account. The Department was unaware that it was in breach of prescribed procedures. Its payments to OPW in respect of the site acquisition and asbestos remediation programmes were made in respect of multi-annual rolling programmes of work. The Department complied with requests from OPW for payment prior to work commencing and charged these payments to the Vote subheads rather than to suspense as required. It also believed that building and remedial work were fixed sum contracts and as such did not anticipate there would be credit balances remaining in OPW suspense accounts.
She informed me that while the Department received and examined annual statements for site acquisition and asbestos remedial work it did not in other cases obtain annual certificates of expenditure from OPW. The Department and OPW liaise regularly on the management of the Department's site acquisition programme and OPW supplies the Department with monthly progress reports. In regard to the office premises the Department liaises with both the OPW architect and the contractor to ensure work is completed to the required specification.
While pointing out that the problem highlighted by my audit was one of accounting treatments and conventions rather than improper use of funds, the Department accepted that it needed to review its procedures in consultation with OPW. It would be necessary for the Department to obtain the assistance and agreement of OPW to the preparation, on a timely basis, of quarterly statements on the transactions on each account in order that the appropriate charges might be made to the Vote for agency services in the future.
She added that arrangements had been initiated, internally and with OPW, to ensure compliance with the correct procedures.
The Appropriation Account for Vote 26 – Education and Science – has been amended to reflect the correct charges for OPW agency services, in respect of site acquisition and asbestos work, involving some €30.3m in 2006. This increases the surrender to the Exchequer from €36m to €66m.
Department of Finance
The Accounting Officer, Department of Finance informed me that in the case of his Department the advances made to OPW were charged directly to the relevant subhead of the Vote for Finance and not to suspense as required. A certificate had not been obtained from OPW to support the charge to the Vote.
He indicated that two items making up the OPW balance for his Department did not relate to projects chargeable to Vote 6 – Finance.
He agreed that the correct procedures had not been adhered to in respect of these transactions. The 2006 Appropriation Account for the Vote had been amended to reflect the appropriate charge. As a result the amount to be surrendered to the Exchequer in this case has increased by €2.3m to €16.5m.
He was satisfied however, that on-going and continual liaison with OPW architects for all projects ensured appropriate signoff on completion of jobs and that no loss of public funds occurred as a result of the accounting treatment of these transactions.
He went on to state that when these matters were drawn to his attention he availed of the opportunity to remind staff of the Department of the importance of complying with Public Financial Procedures. As the matter had relevance beyond his Department he indicated that he had written to all Accounting Officers reminding them of the correct procedures to be followed in this matter.
Department of the Environment, Heritage and Local Government
The Accounting Officer, Department of the Environment, Heritage and Local Government in her response agreed that the OPW balance did not accord with the corresponding balance recorded by her Department. The Department had been in touch with OPW and confirmed that some balances go back a number of years. It was the Department's belief that one credit balance for €511,000 described as relating to the Custom House was incorrectly held as an advance for works that had been completed for some time. A definitive reconciliation of payments made to OPW would be carried out to address disparities between the Department's suspense account balances and those of OPW. She has instructed that guidelines be issued to all staff involved on the financial and accounting procedures to be observed in making inter-agency payments, and to ensure that a full reconciliation is effected at year-end.
In general, payments made to OPW were correctly charged to suspense accounts but it had come to light that two payments amounting to €200,000 which should have been charged to suspense accounts had been charged directly to Vote expenditure. In addition, there were further payments to OPW charged to Vote expenditure where it was not possible in the time available to verify beyond doubt that the full amounts were correctly chargeable in 2006. As the combined amounts were not material to the Department's overall expenditure, there was no requirement to amend the Vote.
Department of Agriculture and Food
The Accounting Officer, Department of Agriculture and Food, informed me that the nature of the services for which advances had been paid is such that final statements had not issued in the year in which the advances were made. In these circumstances, the practice has been to charge these amounts to the relevant subhead in the Department's Vote.
Bearing in mind that amounts charged to the Vote in this way are immaterial in the context of the total Vote expenditure in the year and that the difference between OPW records and those of the Department has been reconciled to my satisfaction, I have not insisted on a change to the Appropriation Account as presented.
However, in future, the Department should change its practice and charge the advances to a suspense account in the first instance. The charge to the Vote can only be made when OPW confirms its inability to give, on a timely basis, a definitive amount for expenditure incurred within the year and has agreed with the Department an estimate of the sums spent on the service.
Office of the Revenue Commissioners
The Accounting Officer of the Office of the Revenue Commissioners informed me that advances made to OPW were charged in the first instance to suspense accounts and that these suspense accounts were correctly discharged on the basis of disbursement certification by OPW. The difference between the amounts recorded by OPW and the Revenue Commissioners has been reconciled to my satisfaction.
Office of Public Works
The Accounting Officer of the Office of Public Works, in response to my enquiries, informed me that his Office managed a wide range of services on behalf of client Departments and Offices involving several hundred accounts and expenditure in excess of €75m a year.
As a general principle, OPW opens a separate account for each project and does not normally offset a credit balance in one account against a debit balance in another belonging to the same Department until projects have been completed.
As agency work typically involves contracts between OPW and external contractors, OPW required that clients maintain their accounts in credit so as to ensure that there were always sufficient client funds available and accessible to meet payment demands. These funds are held in an interest bearing account with the Central Bank. The Appropriation Account for Vote 10 – Office of Public Works – for 2006 showed a credit balance in its account with the Central Bank of €122m (€89m when outstanding cheques were taken into account).
The Accounting Officer stated that OPW Business Units regularly briefed client Departments on the status and progress of projects, including the financial position. He cited as an example, the service OPW provided for the Department of Finance for the procurement of crèches at various Government offices. He pointed out that a monitoring committee representing the Department and OPW met regularly to plan, discuss and monitor all aspects of the management and delivery of the programme, including the financial dimensions.
In the case of the Department of Education and Science, OPW provided a hugely important and complex service to the Department – the acquisition of school sites. OPW had a longstanding prudent policy of seeking and accepting funding from the Department only when the finalisation of the legal stages of acquisition was imminent. He said that there was no doubt that in the event of funding not being available immediately on close of sale some deals would fall through. The balance on this account, €23m at 31 December 2006, was reduced to €12.4m by end January 2007 and to €8.6m at end June 2007. OPW provided annual financial statements to the Department of Education and Science.
He added that OPW took a conservative and careful approach to reducing balances to zero and closing suspense accounts. They preferred to keep accounts open until it was clear that there would be no further costs payable.
The Accounting Officer also informed me that, notwithstanding the arrangements already in place for the supply of information to clients, he had decided to introduce a formal procedure of regular notification of project financial statements to client Departments.
Office of Public Works
4.1 Discrepancies at Two Heritage Sites
Background
The Office of Public Works (OPW) manages 747 Heritage Sites and 19 Historic properties of which 89 are open to the public on a seasonal or annual basis. The Heritage Service within OPW has responsibility for the conservation and presentation of built heritage sites and the provision of safe public access to them.
The public are charged admission at 50 of the 89 sites. In 2006, over 2.2 million people visited OPW staffed heritage sites. The income generated from admission fees and sales over the last three years is shown in Table 25.
Table 25 Income at Heritage Sites
|
2006
€m
|
2005
€m
|
2004
€m
|
Admission Fees
|
5,274
|
4,307
|
4,118
|
Tour Operator Receipts
|
397
|
536
|
579
|
Heritage Cards
|
370
|
397
|
361
|
Publications/Postcards
|
480
|
415
|
461
|
Total
|
€6,521m
|
€5,655m
|
€5,519m
|
OPW procedures require each heritage site to make a weekly return to its Visitor Service Section including
Details of cash received for admission fees and sale of heritage cards and publications
Details of cancelled tickets, heritage card returns, etc.
A bank stamped copy of the receivable order reconciled to the return.
The original receivable order is transmitted to the Accounts Division where details are recorded in the ledger under Appropriations-in-Aid. Visitor Service Section is required to confirm, on a weekly basis, bank receipt details, as recorded by Accounts Division, with the weekly returns from the various heritage sites.
Discrepancies at Two Sites
In the first of these cases, concerns with the operation of controls first emerged in July 2006 when Visitor Service Section discovered discrepancies between the weekly returns and bank lodgments at a particular heritage site. The OPW Internal Audit Unit was requested to reconcile the returns against lodgments made by the site for 2004, 2005 and up to June 2006. The site was open for 44 weeks during this time and discrepancies were found in 25 of these weeks – no lodgments had been made in 17 of these. The first irregularity was pinpointed to have occurred in August 2004 and, although the sum missing has yet to be fully determined, it has been estimated to date to be in excess of €11,000. An Garda Síochána were informed and investigations are ongoing.
In the second case, an unusually large cash lodgment was made by another heritage site in October 2006. This warranted investigation as the requirement to make weekly returns and lodgments had been put in place to prevent the accumulation of large sums of money and limit the risks to security, error and misappropriation. It emerged that the lodgment was an accumulation of receipts from mid July 2006 to mid September 2006 and was in fact in order. However a detailed examination of returns for this site, going back as far as 2004, when OPW took over the particular heritage responsibilities from the Department of the Environment, Heritage and Local Government, indicated that receipts, due to be lodged between July and December 2005 amounting to €21,831 were missing. This irregularity is at present under investigation by An Garda Síochána.
A common theme emerging from these cases was failure to lodge moneys on a weekly basis as required and the failure by Visitor Service Section to detect this in a timely manner.
As a result of these incidents the Office of Public Works engaged a consultant to review its cash handling procedures. The review focussed on the systems, procedures, and controls underpinning the handling and bringing to account of its non-invoiced receipts. This review included both the Heritage Service and other operations within OPW. The consultant's recommendations, which essentially endorse the enforcement of present procedures, are currently being acted upon.
The Internal Audit Unit also reviewed procedures within the Heritage Service and reported in August 2006, making 11 recommendations. Significant concerns raised were; management failure to complete and sign off on risk assessment issues in the Heritage Service; and the failure to enforce existing procedures. The review also noted that only weekly returns for 2006 were being examined and that returns for 2004 and 2005 had not been examined. It recommended that the 2004/5 returns should be examined as soon as possible.
As I was concerned that the delay in detecting these defalcations was brought about by the failure to enforce existing controls and procedures, I sought the views of the Accounting Officer.
Office of Public Works Response
The Accounting Officer stated that in May 2004, responsibility for the management of significant aspects of the Heritage Service returned to OPW from the Department of the Environment, Heritage and Local Government. Certain other functions had at that stage already been allocated to the Department of Community, Rural and Gaeltacht Affairs leaving a limited pool of resources to ensure continuity in the tasks required. The transfer to OPW ultimately excluded responsibility for key aspects of policy and particular Heritage functions including National Parks, certain Historic Properties, parts of Architecture and the entire Archaeological Service. The final transfer to OPW included general day-to-day responsibility for the management of a large number of Heritage sites nationwide, including management of the Guide Service and the delivery of visitor services at certain sites within the portfolio.
This split of the Heritage function resulted in a dilution in corporate knowledge and the diversion to other Departments and areas of certain key and experienced personnel and resulted in a situation where there was considerable disruption in the continuity of staff within the Heritage Service. He stated that ongoing consistent management of the function throughout the entire portfolio was difficult to achieve as more experienced staff were either transferred out of the area or diverted to other functions. Steps have since been taken to significantly increase staffing levels in Visitor Service Section to enable the necessary levels of scrutiny and control to be consistently and properly applied.
He stated that it was clear from the internal and external examinations carried out, that the procedure for the recording and checking of returns from heritage sites was not in itself fundamentally flawed and did, in fact, result in the detection of the anomalies.
He added that there was a general requirement that staff dealing with incoming returns check the returns received against a list of sites actually open for visitors. If any open site had not made a return for the week in question, staff were required to bring this to the attention of management for action.
He was gratified that the external consultants had independently endorsed the OPW procedures now in place and that these had been embedded into normal operational practice within the Visitor Service. He was also satisfied that the planned enhancement of staff resources and the delivery of a structured training programme would contribute to a more robust system for managing these activities more efficiently.
The Accounting Officer confirmed that the Internal Audit Unit's recommendations had already been implemented or were being prioritised. He provided me with a status report on progress in this regard.