Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

COMMITTEE OF PUBLIC ACCOUNTS díospóireacht -
Thursday, 30 Apr 2009

Finance Accounts 2007.

Mr. David Doyle (Secretary General, Department of Finance) called and examined.

While Members enjoy absolute privilege, the same does not apply to witnesses appearing before the committee. The committee cannot guarantee any level of privilege to witnesses appearing before it.

I remind members of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the House or an official by name or in such a way as to make him or her identifiable. They are also reminded of the provisions within Standing Order 158 that the committee shall refrain from inquiring into the merits of a policy or policies of the Government or of a Minister, or the merits of the objectives of such policy or policies.

I welcome Mr. David Doyle, Secretary General of the Department of Finance, and call on him to introduce his officials.

Mr. David Doyle

I am accompanied by Mr. Kevin Cardiff, second secretary, financial services division, Mr. Jim O'Brien, second secretary, budget, taxation and economic division, Mr. John McCarthy, senior economist, budget, taxation and economic division, and Mr. Patrick Brennan, assistant principal.

Before I ask the Comptroller and Auditor General, Mr. Buckley, to deal with these chapters, I want to deal with an outstanding issue relating to the Department of Justice, Equality and Law Reform and Prison Service Votes.

The use of a drawdown contract where €97 million, excluding VAT, of public contracts was given to one firm, namely, Glenbeigh Construction, raises alarming issues, particularly with value for money. It also appears EU regulations may have been ignored by the Prison Service and the Department of Justice, Equality and Law Reform.

In view of the seriousness of the issues raised, the Committee of Public Accounts has asked the Comptroller and Auditor General to undertake a detailed review of the use of this drawdown contract. I admit long before it was raised at the committee, the Office of the Comptroller and Auditor General was already carrying out a review of this contract.

The report will be available to the committee in the autumn when it will recall the Accounting Officers of the Prison Service and the Department of Justice, Equality and Law Reform. As the committee will not be recalling these witnesses in respect of this year's account, is it agreed the committee notes Votes 19 and 21 and disposes of chapters 6.1 and 6.2? Agreed.

The committee will forward the replies it received from the Accounting Officers of the Prison Service and the Department of Justice, Equality and Law Reform to the Department of Finance. The committee's next hearing on this issue will require an input from the Department of Finance on the appropriateness of the contract and adherence to EU contract requirements. Previously, when the Department's officials were asked about the transparency issues involved and compliance with EU procurement, the committee did not receive a validation of the procedures adopted or pursued by the Prison Service with these contracts, worth over €100 million which started at approximately €4 million and which all went to one company. The committee will also publish the response from the Prison Service and the Department of Justice, Equality and Law Reform and it will be in the public domain.

Mr. David Doyle

Does the Chairman want me to make some preliminary comments in advance of the process he has just outlined?

Yes, please.

Mr. David Doyle

I noted the committee's meeting with the Prison Service. Since then I have had a communication from the committee requesting the Department of Finance's views. While the committee heard some of the facts from the Accounting Officer concerned at the time, I do not believe it got the full information. That will be supplied to the committee. We will need to see that and the review by the Comptroller and Auditor General to ensure the procedures followed are consistent with government contract procedures as set out in the Green Book and in accordance with EU directives.

To the best of my understanding, the EU directives make provision for drawdown contracts. Normally, they would relate to routine supplies such as computers, paper, pencils, biros etc; cases in which there would be a major purchase and drawdown would be used. It is not mutually exclusive to that context. My understanding is that the contract in question was advertised as a drawdown contract and specifically provided that there was an initial contract from which others could be drawn down. It has been portrayed to me that it was an open and transparent process. The trade knew that a particular contract would be covered and others would be drawn down under it.

We shall have to await the assessment of the material and the Comptroller and Auditor General's conclusions as regards where the balance of the pros and cons lie. The fundamental principle underlying Government contract procedures is that they should be open and transparent. We would seek to avoid any exclusive set of contracts going to a particular contractor. There will be situations where there is a unique contractor for some very specialised product or construction, possibly, but whether the best value for money was, in fact, secured under this particular suite of contracts placed within the overall contract, as advertised openly, is a matter of judgment when we see all the facts.

During our discussion we discovered and subsequently confirmed by letter that the subsequent contracts exceeded €100 million, arising from an initial contract of about €4 million. One particular contract was worth something like €21 million. We also questioned on the day the advice that the Prison Service was getting from its independent consulting advisers, and we asked for information on that too, which we have not received to date. I believe that those advisers were on a roll-over contract also. We will make the document available to Mr. Doyle. It is with the Comptroller and Auditor General now and the committee has decided to publish it.

Before we come back to this issue will we get a more detailed response on it from the Department of Finance? With all due respects, it appears from the circumstances of this case that it was not just a provision for additional papers and pencils. The figures are enormous compared to the price of the original contract.

Mr. David Doyle

I did not suggest that it was a contract of such a nature. My understanding is that the advertisement was quite explicit, to the effect that a contract and further series of contracts would be awarded on foot of the tendering procedure. In terms of the communication I have from the committee, it will be getting a response along the lines it has outlined. However, to try to reach a conclusion as to whether best value for money was secured, we should have to evaluate the material with the Accounting Officer and the assessment of the Comptroller and Auditor General and in due course that of the Committee of Public Accounts and its report to the Minister for Finance in that context.

We shall be coming back to this when the Comptroller and Auditor General has issued his report and will require Mr. Doyle's officials to be here also along with those from the Department of Justice, Equality and Law Reform and the Prison Service.

Having dealt with that I call on Mr. Buckley to introduce chapters 1.1 and 2.1 of the 2007 annual report and Votes 1, 6, 7 and 12. The full text of chapters 1 and 2 can be found in the annual report of the Comptroller and Auditor General or on the website of the Comptroller and Auditor General at www.audgen.gov.ie.

Mr. John Buckley

The finance accounts and the accounts of four Votes are administered by the Department of Finance and are before the committee. I shall confine my remarks to those accounts with material spends.

The Department of Finance is the State's central steering Department in financial matters. It has functions relating to the co-ordination of the Civil Service and the setting of public financial procedures. Overall it spent €99.8 million in 2007 across seven programmes that are outlined in its output statement. Its main programmes relate to economic and budgetary policy, taxation, sectoral policy — which deals with the effectiveness of public expenditure — income and pensions policy, financial regulation, public service efficiency and effectiveness and quality customer service.

Obviously its appropriation accounts show the specific items on which the money was spent while the output statement gives an indication of what sectors and policy areas the Department was working on. Turning to superannuation payments to civil servants, these cost €314 million in 2007. However, €73 million in receipts by way of contributions and other recoveries brought the net outlay on Civil Service pensions to €242 million. It is important to point out that the charge to the superannuation and retired allowance Vote does not cover the pensions of a number of other classes of public servants, including gardaí, teachers, employees of State bodies, local authorities, and the health sector as well as staff in the third level education sector. No current estimate exists of the State's liability for pensions. However, I am currently finalising a special report which will include that information. The facts and figures will be cleared with the Department of Finance in the coming month.

The other major account before the committee is the finance accounts. This is akin to a whole of Government account. It records the receipts and payments from the Exchequer. It amalgamates the overall voted activity with those payments which are directly charged to the Central Fund, including payments to service the debt, pay the contribution to the EU budget and make a payment to the National Pensions Reserve Fund. The net outturn for 2007, overall, was a deficit of €1.6 billion and Part 2 of the finance accounts deals with the State borrowing activity and then explains how the net deficit was financed.

Another source is chapter 1.1 of my annual report, which summarises this account as it is a rather long document. It shows how the outturn for the year was financed. Turning to the chapter on election expenses, the report outlines that the State was not positioned to take advantage of discounts which other customers can avail of for bulk postage. Somewhere between €1.5 million and an upper limit of €3.3 million — if the maximum discount for letter post was available — could have been saved if Government was treated on equal terms with other customers. However, the legislation setting up An Post in 1983 provided that it must be recouped for any loss of postage that it incurred by making facilities available free of charge in connection with elections or referendums. This has been interpreted as allowing it to recover the postage it would have got rather than the actual cost of the service provided.

While accepting that An Post's entitlement is underpinned in the 1983 Act, the trend in the interim since 1983 is towards the encouragement of more competitive service provision and delivery, even by monopolies. Overall, there is a need to review the cost effectiveness of service provision in this instance. Any review could seek to determine whether the State can agree a range of discounts analogous to those provided to private customers or, failing that, whether there are cheaper alternative distribution channels for some or all of the election material that would be acceptable to the political system.

Ultimately, while the legislative provisions are a matter of policy for the Government and Dáil Éireann, I believed it appropriate to point out the effect of the statutory policy so as to provide feedback on the cost of providing this service.

I thank Mr. Buckley and call on Mr. Doyle to make his opening statement.

Mr. David Doyle

As regards the last item mentioned by the Comptroller and Auditor General, the cost of the postal service, those expenses are recouped from the Central Fund under various legislative headings, particularly the Electoral Act 1992. An Post is entitled to recoupment for the loss of postage. The entitlement of persons presenting themselves to the electorate to free postage goes back to 1923, I believe, or 1922. Under the 1992 Act it is a matter for the Minister for the Environment, Heritage and Local Government, with the consent of the Minister for Communications, Energy and Natural Resources to vary the section of the 1992 legislation by order, which then requires the resolution of both Houses of the Oireachtas. That obviously is a policy matter for the relevant Ministers.

It is clear Government policy, as enacted in legislation by the Oireachtas that for elections and referendums the entire electorate is individually supplied with polling cards and communications from those presenting for election. That service, it seems to me, is fundamental to the election and referendum process and cannot be considered to be in the same class as business post. I know the Comptroller and Auditor General is not suggesting that. Members of the committee will be much more expert than I am as regards the actual manner in which the postal system operates for elections, but my understanding is that while the political parties do a good deal of work in preparing the material, An Post has much work to do in affixing names and addresses, for instance.

Apart from the political relationships between intending public representatives and the electorate, the political parties have set preferences that are related to the manner in which postal communications are delivered, especially the material that presents their case to the electorate in a formal way. The material is not all delivered to each house on the same day. My understanding is that there is a specified daylight between delivery for the various parties to ensure that the material receives unique attention.

We like to get a later slot to allow for maximum impact.

Mr. David Doyle

The key point is that they are not all delivered on the same day. If they were delivered like that, maybe some of the points made by the Comptroller and Auditor General about delivering on the same basis as a publicity drop would come into play. It is not a straightforward issue of simply making a comparison with commercial postal rates. There are subtle political issues as well as practical issues from An Post. I heard An Post argue that it cost the company more to do this work than ordinary postal work.

While the Department of Finance has explored the question of a discount a number of times, the response from An Post was that it was providing a full postal service under unique direction of the Oireachtas and was entitled by law to full recoupment for lost postage. This entitlement is confirmed by legal advice from the Attorney General. Any amendment to legislation to change the current position would be a policy matter to be proposed in the first instance by the Minister for the Environment, Heritage and Local Government, endorsed by the Cabinet and passed by the Oireachtas. It is not a matter for the Accounting Officer of the Department to comment on whether such changes in policies or legislation should be made.

We had a discussion about the report of the tax forecasting methodology review group. The key point in that report was that performance of taxes in any given year reflects the state of the economy. If the economy is performing well, this is reflected in the tax outturn, as is the reverse case. Looking at the years immediately prior to 2007, taxes were originally forecast on budget day to grow at an average annual rate of 5.5%, while national output was forecast to grow at an average nominal rate of 7.8%. The suggestion of the report was that over time, we would expect to see a unitary relationship between nominal tax growth and output. The actual performance in those years was that nominal output grew significantly faster than was projected at budget time, and that the tax performance reflected that with much higher levels of growth.

We forecast that tax revenues would increase by 7.8% in 2007 and that the economy would grow by a nominal 8.5%. However, year-on-year growth in taxes came in at a nominal 4%, while the economy grew at a nominal 6%. The vast bulk of that difference between the tax forecast and outturn was due to the shortfall in capital taxes, reflecting, amongst other things, the beginning of the slowdown in activity in the property market. We are anxious to provide the best forecasts we can to the Government in its review of taxation and fiscal policy, in terms of public service development, the levels of borrowing and so on. The review group to which I previously referred comprised experts from the Department of Finance, the ESRI, the Revenue Commissioners, the Central Bank and the EU Commission.

The group concluded that the Department of Finance displayed a prudent bias in tax forecasting, and that the performance on taxes up until 2006 was ahead of the Department's forecasts. As I intimated last year, that did not inhibit the Government action on taxation or spending on the whole. The group did not really recommend any adjustments, although it touched on a number of minor changes. The findings were that our report was in line with international best practice. The 2007 budget assumed that taxes would grow at 8%. That was framed on the expectation that property-related taxes would not increase at the rates they had in the past. Others, including the ESRI, were more bullish and in its winter quarterly economic report in December 2006, the ESRI forecast stamp duties to increase by 26% and capital taxes by 20%. The outcome as we now know was that taxes were much weaker. We adopted a cautious approach, even though we were still somewhat over-optimistic and there were many external issues that influenced the outcome. Thank you, Chairman.

May we publish your statement?

Mr. David Doyle

Yes.

I welcome the Secretary General and his colleagues to the committee. The bottom line on the election postage costs, as highlighted by the Comptroller and Auditor General, is that the Department and the State must pay between an additional €1.5 million and €3.3 million for each candidate's postal drop. If there had been changes in the legislation between the Department of Finance and the Department of the Environment, Heritage and Local Government, it would have also had to pay. Effectively, there was a net loss to the Exchequer.

Mr. David Doyle

The total postal bill does not extend to posters for candidates. There are also polling cards which represent another significant cost heading. I do not disagree with the assessment of the Comptroller and Auditor General, but I do not necessarily agree with it either. For a start, the legislation is the legislation. An Post has expressed views on this to the Department. It has to do a lot of extra work but, on the other hand, others have suggested political parties do a lot of work in sorting the specific material for candidates and putting it in a particular order to facilitate An Post which must then do more work with it. The material has to be delivered to each household and elector. The one point I agree with is that this service, like every public service, should be handled in the most cost-effective way. There appears to be a legal constraint in this regard. I will not comment on whether the sum of €3 million is lost to the taxpayer. If one was examining the accounts of An Post, it would be part of its income and, to the extent that it is a transfer to An Post, would be shown in its reserves but it would still belong to the Exchequer. However, on the narrow issue of the transparency of these costs, I agree that the service should be provided in the most cost-effective way.

It is a matter for the Department of the Environment, Heritage and Local Government and the relevant Department for An Post — the Department of Communications, Energy and Natural Resources. I understand from that Department that An Post may be reflecting on its stance and anticipating forward developments, whether with regard to policy or de facto market changes when postal services are liberalised post-2011. As services will be liberalised, depending on what the policy makers decide, this may become a commercial contract which would go to the market. One could find there is a radical change.

Members should know there is a vote in the Dáil. We will adopt the usual arrangement.

Mr. Doyle referred to 2011 but my understanding, given that I used to be the Labour Party spokesperson on communications, is that it was to happen this year. Letters under 50g were supposed to be dealt with in an open market this year but deregulation was postponed until 2011 by a decision of the European Commission and the European Parliament.

Mr. Doyle is effectively suggesting this matter will not arise. We will all be candidates at the time and, as a candidate, I recognise that this is a very valuable service. It is very important for our democracy that every candidate, no matter how new or senior, has one opportunity to put his or her case to voters. It is a valuable service. Nonetheless, from what Mr. Doyle said, it is likely that this will not recur because, clearly, we will either need an amendment of the legislation or, if an open market develops, it will simply be the case that the State will receive the most efficient discount, as it sees it, for the delivery of this essential information on the next occasion, which of course will be after 2011.

Mr. David Doyle

I would like to think that, to the extent it is possible for policy makers and those who bring forward legislation to change the approach, we would have a better outcome. However, I am not suggesting one will automatically achieve the level of savings the Comptroller and Auditor General has identified because there are arguments to be presented from both sides to my officials. On the one hand, An Post states the care and attention that must be devoted to this issue to ensure proper delivery indicate a particular nature of service and, on the other, the political parties seem to require as a matter of custom and practice that the election material be delivered in separate tranches to each household which would miligate against securing a full commercial discount.

The experience in my own case is that I sent just one piece of literature to each house and my friends and supporters put the labels on this literature which An Post was highly efficient in delivering. This is the way some would do it but others would try to target every single voter. Obviously, it is an issue on which the Comptroller and Auditor General considers it is important we get the best outcome.

With regard to the 2006 accounts, one of the issues that arose the last time we met Mr. Doyle was that the Departments of which Mr. Doyle was overseer in financial terms were not using suspense accounts in regard to OPW works and the Department of Finance. Was that issue been finally remedied in the 2007 period?

Mr. David Doyle

My understanding is that some of the practices that grew over time have, by and large, been sorted out at this stage. There may be some heritage issues but we have encouraged the OPW to bill appropriately to seek recoupment as costs are incurred rather than allow large suspense account balances to build up. I am not aware the Comptroller and Auditor General identified a similar large-scale issue in 2007 but, to the extent suspense accounts are opaque and non-transparent instruments, they are not desirable. However, they are fully accessible to the Comptroller and Auditor General in terms of the accountability aspect. My preference would be to try to avoid suspense accounts, where possible.

I will move to Vote 7. On subhead A.1, salaries, wages and allowances, what is the total number of staff in the Department? This was a subject of interest to the committee and the media. I am delighted to see our chief economist present. How many economists or trained graduates with a postgraduate economics degree and how many accountants does the Department have?

Mr. David Doyle

In reply to the Deputy's first question, there are approximately 600 staff in the Department. On the second question, an eminent former Member of the House wrote an article in the national media suggesting there were almost no economists in the Department. This issue has been dealt with in a recent parliamentary question. My understanding is that there are over 80 officers in the Department with economics qualifications. Whether that is a problem depends on where one is coming from but it is a fact and we are proud to have these staff in the Department. They are not all working on narrow economic issues; they are allocated throughout the Department where their analytical skills are utilised across all the areas referred to by the Comptroller and Auditor General in terms of our functions. Approximately 60 of them hold basic degrees in economics and related disciplines and approximately 40 have a masters qualification in economics and related disciplines. I understand there are upwards of four staff at PhD level in economics. We certainly do not lack economic expertise in the Department. We also have available to us the considerable economic expertise available in the Central Bank to supplement these resources. Moreover, we donate about €3.5 million a year to the Economic and Social Research Institute, the resources of which are available as a matter of public service but they are also available to the Department in particular areas. There is much interaction between the Department and the ESRI on annual forecasts for the economy, the international economic context and other background work that would not normally come into the public domain.

The Department has 12 staff with professional accountancy qualifications and another seven with degrees in accounting or accounting-related disciplines. A significant proportion of the remainder have business qualifications. For example, 38 have business studies qualifications, ten have commerce qualifications, 18 have finance qualifications and so on. Of the 600 staff employed in the Department as a whole, some 500 have qualifications in a range of relevant fields.

The public is interested in these matters because there is a strong perception that the Department has let us down badly in the past six to eight months. In several major areas within its remit, there is general agreement that it simply has not done its job.

The annual output statements for 2007 and 2008 are divided around the Department's main functions and programmes, as outlined by the Comptroller and Auditor General. These include economic and budgetary policy, taxation and sectoral policy, European Union development, the programme for financial regulation, and income policy development and implementation. It is fair to say that the Department's record for some of 2007, throughout 2008 and up to the present time in the administration of these functions has been disastrous.

In the case of financial regulation, for example, the Department's strategy is to promote the effective regulation of the financial service, with a strong focus on consumer rights, financial stability generally, appropriate consultation with the European Union, best practice across the industry, the financial service regulatory structure and so on. Does the Secretary General agree this is meaningless guff about financial regulation, given that our two leading financial institutions are effectively zombie banks — dead men walking — with their assets covered by the people of this State and with major issues in regard to their regulation? In recent days, the International Monetary Fund stated that the recapitalisation of the banks will cost taxpayers a minimum of €24 billion. In other words, almost the equivalent of two annual budgets for the Department of Health and Children will be required to save these institutions.

Does Mr. Doyle agree that the core problem is that the Department did not do its job in regard to regulation and invigilation of the Central Bank and the Financial Regulator? It is taxpayers who will pay the price of that failure. This morning, some 60,000 people discovered they will no longer be entitled to mortgage interest relief on their family homes. I do not wish to get into politics but we are all aware there has been an attack on welfare benefits, with further cutbacks expected in the autumn budget. In addition, the Department has been incredibly remiss in regard to budgetary and taxation forecasting given that we have had fundamental structural problems in taxation for up to seven years. However, nothing was done about this.

What does the Department estimate will be the cost of the banking and financial disaster and of its own failure to regulate the banking system?

Mr. David Doyle

The Deputy posed some questions but also made a significant speech about policy matters to which it would not be appropriate for me to respond. However, I will take some of the points in sequence——

I dispute that. I have before me the global financial stability report for April 2009, which includes international economic and financial surveys. In particular, I am looking at the capital ratios of our banks vis-à-vis those of other jurisdictions. Our ratios, for tiers one and two, were quite low. The reality is that the banks with which 95% of people deal, including households and small business, and the investment or casino banks were allowed, under the Department’s watch, virtually to merge and become the same type of institution. Does this report not show that under programme four, the Department did not do its job?

Mr. David Doyle

I would like to respond to that. With the greatest respect to the Deputy, I do not believe the work of the Department amounts to guff. I do not accept his statement at the outset that the Department has let down the Government, the Oireachtas and the people. The Department has a significantly strong position in regard to the work it does on behalf of the Minister for Finance, the Government and the public.

The Deputy is extrapolating performance in the economy in regard to the performance of the Department. As I said at the outset, the relationship between tax performance and the economy is inextricable. To have a solid discourse with the Deputy in regard to the manner in which the economy has evolved in the past ten years and the relationship between its performance and domestic policy measures that were adopted in regard to public services, public pay levels, social security levels and taxation in the context of developments on the international front on interest rates and so on would bring me into the realm of comment on policy, in which I am unable to become involved.

In regard to the specifics of the performance on taxes in 2007, the 2007 Estimates were prepared at the end of 2006. In the course of 2007, the year in which the last general election took place, we saw interest rates increase significantly. Commodity prices also increased and escalated further in the early part of 2008. The construction sector peaked and overshot the runway in terms of the delivery of products, although there was a significant tail-off in activity. It is not for me to comment on the reasons for that and its relationship with policies. These were relevant domestic factors.

From August 2007, the international financial markets changed fundamentally. Developments in the United Kingdom and in the United States in regard to sub-prime markets emerged in that year, the impact of which accelerated in 2008. This impacted on flows in the economy in 2007. Therefore, as far as 2007 is concerned, the analysis undertaken by the Department at the end of 2006 took account of all the known factors at that time. No more than the ESRI, the Central Bank, the European Union or any other commentators, the Department was not clairvoyant in regard to the manner in which oil prices, interest rates, exchange rates, commodity prices and the financial markets would evolve in the course of the year. In my opinion it is inappropriate to suggest in that context that the Department was doing a bad job.

Is the record not clear? For example——

Deputy Broughan should allow Mr. Doyle to finish.

Mr. David Doyle

As for the various banking issues raised by the Deputy, we probably could spend a week before another committee of the House that is charged with examining matters under the brief of the Minister for Finance, namely, the Joint Committee on Finance and the Public Service. Moreover, the Joint Committee on Economic Regulatory Affairs has been engaged in examining many of those issues. Without commenting on the policy issues, the Irish financial system is not independent from what is going on in the rest of the world. The domestic circumstances in which the Irish financial system found itself reflected a cumulation of an evolution of consumer and business activity over the previous decade and an enthusiasm on the part of individuals and businesses to accumulate debt to speculate for capital accumulation. For many of those years, that seemed to be a prudent approach.

Not to me and not to a lot of people who knew it was neither prudent nor sustainable when 100,000 houses were built in 2006 and 2007. Who will live in them?

The Deputy should please allow the Secretary General to conclude his response to the Deputy's other questions.

Mr. David Doyle

It seemed that for many of those years, particularly in the early years of that decade, the development potential in the economy was real and we saw huge growth in employment, export levels and inward foreign direct investment to back up much of that investment.

The domestic economic conditions, if one considers the domestic factors that affect the performance of the economy in respect of the mix of the policy measures, private sector decisions, enthusiasm for incurring debt and so on, were reflected in the financial performance of the banks. I refer to developments in the international financial markets, starting in the United States and to an extent in the United Kingdom at the time, if members recall the case of Northern Rock. There were dramatic developments in the United States in respect of the sub-prime markets, in which there probably was some of the most gross mis-selling in all history of mortgages to people who had very little visible or prospective means. Many of those loans then were wrapped up into so-called tradeable commodities and there were lots of other, more bizarre, financial products marketed and sold on the world market. We know that all of those——

Everyone knows this.

Deputy, please.

Mr. David Doyle

As the Deputy stated that the Department's work amounts to a whole pile of guff, if he allows me to——

The Department failed in the strategic task set for it by the Oireachtas——

Mr. David Doyle

The Deputy referred to guff and I found that perturbing.

The Irish banking system has been hugely affected by the international financial crisis. This has affected the overall financial performance of the banks and indeed of the economy. A complex confluence of events has taken place. There was a whole set of domestic economic conditions, in which there was a very rapid increase in the labour force, wages and prices, a significant undermining of competitiveness, too much money chasing too few products and, particularly in the housing sector, an overheating in the economy. All of this is related to the domestic conditions. We have a fundamental issue in the domestic economy in respect of uncompetitiveness.

The bottom line now is that a distinguished economist in the United States can state that Ireland is broke, can compare us to Iceland and can state that our people are facing a huge burden of debt for one or two generations. That is the other side. Is it not therefore the case that Mr. Doyle is the dog that did not bark? Quis custodiet ipsos custodes? The Department did not fulfil that function——

The Deputy is repeating his earlier comments.

No, I am stating that——

Please allow Mr. Doyle to respond to all the issues raised.

——in two areas, he is——

Deputy, let Mr. Doyle have the courtesy of being allowed to respond to the issues raised.

He stated that Ireland was in an international storm. However, we had our problems.

Mr. David Doyle

For a start, we are present to discuss the 2007 accounts and——

That is what I am talking about. Two of the Department's key programmes——

Mr. David Doyle

The Deputy is not. With respect, Chairman——

Deputy, please.

I refer to the programme on financial regulation.

Mr. David Doyle

With respect, the Deputy has been making statements regarding last year and the current year.

Only three people employed.

Deputy, please allow Mr. Doyle to respond to your questions.

Mr. David Doyle

As to being a dog that never barked, that would not be my reputation. I have something of a reputation as a dog that both barks and bites and perhaps that is inappropriate.

As for the international situation, the money supplies in the world economy have been greatly disrupted and given the present external economic environment, many countries are exhibiting extreme difficulties. They are not exhibiting the degree of difficulties that Ireland has because, as I stated, we are facing the current international meltdown at a time of domestic economic difficulties. Consequently, the combination of those two events is reflected in the state of the economy and our tax performance. I am unsure whether it is appropriate or pertinent to get into the position of the banks.

Deputy, the Minister for Finance is not before the committee today. The Secretary General of the Department of Finance is before the committee.

That is not the issue.

It is the issue. Mr. Doyle is not responsible for policy and much of this refers to policy. Some of the questions are more appropriate to the Dáil Chamber than to this meeting.

I am merely stating that I have to hand a document entitled, Finance Vote Group — Annual Output Statements for 2007. It seems that in a number of areas, such as tax and budgeting, forecasting and financial regulation, the Department did not do what it stated it did during 2007. It did not deliver what is stated in this output statement. The net result is that Members were called in urgently in late September and were obliged to pass legislation, presumably to save the banking system with the guarantees.

Has the Department made estimates? For example, in respect of the Finance Vote, €4.5 billion of the pension fund will flow out to the two major banks. Moreover, I understand the amount that will be set aside this year also will go to them. What will be the impact this year of the financial crisis of the last seven months on the pension fund and what will be the total cost to the people of the disastrous last seven or eight months? Is the IMF correct? Will it cost €24 billion or will the cost be higher?

I must bring in the next questioner after this question.

I simply wish to make the point that this committee will spend many years into the future, probably long after both the Chairman and I have departed, analysing how we were obliged to spend so much money rescuing the financial system year after year.

Deputy, we already have agreed privately that we will indeed be obliged to spend much time on this issue and that many members will no longer be here. Everyone has agreed on that.

May I ask for an estimate of the cost thus far and what Mr. Doyle reckons the final cost in respect of the financial system might be?

That will be the Deputy's final question, but he can come in again.

This is far more important than other, lesser matters. It relates to big money and we are only in the middle of it, not the end. Our guests played a central role in getting us into this situation. On behalf of the people whom I represent——

Will the Deputy ask a question and not make a statement? It will be his final question.

What are the cost figures?

Mr. David Doyle

I would like to think that I had a central policy role. Unfortunately, I have not been elected by the electorate or appointed to the Cabinet. It is one view that I had a role as the Accounting Officer in the Department of Finance, with the Department's input.

Concerning the banking sector costs, I will ask my colleague, Mr. Cardiff, who has been in charge of a reorganised division devoted to the financial services sector, to supplement my comments. The Government has made investments in the banking sector. We introduced a guarantee scheme as a statement of the Government's confidence and to ensure a viable banking system that will continue to provide the funds required for investment in the economy. The guarantee scheme and the policy circumstances have been debated in the House, but it was a fundamental prerequisite for keeping the funds in the banks and for keeping the economy going. An annual charge of €500 million is levied on the banks, amounting to €1 billion over the two years of the guarantee. The costs incurred——

Is the guarantee not worth approximately €450 billion?

Mr. David Doyle

Mr. Cardiff will comment on that. The investments being made by the National Pensions Reserve Fund, NPRF, amount to €7 billion currently. Some €3.5 billion for Bank of Ireland has already been invested and €3.5 billion will, subject to approval by an EGM, be invested in AIB in the near future. The Government decided the investments to be appropriate, as did the House by passing the legislation. An appropriate further investment in the banking system will be made by the NPRF and to which a significant coupon with an 8% rate will be attached. I am subject to correction by Mr. Cardiff. There will be a significant income flow through the NPRF. The long-term returns are expected to be positive. Mr. Cardiff can comment in more general terms.

It would have been a mistake for the Government not to have made these investments. They are regarded as critical for the successful performance, not just of the banking system, but of the entire economy. In being critical of the investments, one must stand back and reflect on what would have occurred had they not been made. They are an attestation to the Government's confidence and desire in policy terms to ensure the banks contribute positively towards the economy and are stable and secure places in which people can put their money.

Mr. Kevin Cardiff

It is important to see the IMF's costings. As we understand it, they are estimates calculated on a common basis for every major economy. They do not reflect a micro-examination of the Irish banks. Rather, they reflect a generalised methodology applied across the world to devise a global estimate.

Regarding the meaning of the costings, Ireland's relatively large number reflects the fact that we have a broad bank guarantee. So far as we can understand the methodology, the IMF adds the cost of capital contributions to the cost of some sort of notional insurance premium on a broad guarantee. Therefore, it does not compare our explicit legal guarantee with, for example, the explicitly stated but non-legal guarantee of the French, Germans and so on. On a comparative basis, we have considerable doubts about the costings. This is not to say the figures are wrong. I am sure they are correct.

Were we the worst in the developed world?

Mr. Kevin Cardiff

We were because we have the largest legal guarantee. I am sure that Mr. Sarkozy of France will forgive me if I misquote him, but he solemnly stated that he, as the French President, would guarantee that not a single depositor in a single French bank would lose a single euro. In effect, we have given a statutory guarantee. We went to the Oireachtas with something appropriate, but President Sarkozy has given a solemn guarantee on behalf of the French state. His guarantee of the entire French banking system is not calculated by the IMF because it is not a legal one, whereas ours is.

The number is large and reflects the breadth of our guarantee. The IMF would state that, the more capital injected into banks, the less potential there is for the guarantee to be called upon. One should counteract the other. As far as we can see, though, the IMF has added the costs together. There are methodological difficulties.

Forgetting them for a moment, though, it is clear that the Government has taken on board many of the banking system's risks. It is also clear that, as in every country, the system's risks resided within the economy anyway, but we have transferred them formally. Unless one can estimate the notional likelihood of a guarantee being called upon, it is not possible to say what the exact costs are except that it is the express intention of every European government not to let systemically important institutions fail. Therefore, guarantees should not be called upon.

The question is to what extent will a capital injection of a European government not be remunerated sufficiently to cover the cost. This is not estimable in a real way except to say that one can choose and apply a risk factor to arrive at a wide range of numbers. The Government's injection of €7 billion into two banks, one already and another in preparation, is to be remunerated at an 8% rate. Obviously, this depends on the banks continuing. The Government gets a warrant that is a right to buy shares in the future at what are relatively low rates today. When the banks improve their position and the economy improves, the State will get some recompense. There are pros and cons, but it is difficult to say. A cost to the State would only occur where a bank fails to perform and needs to be closed.

Regarding the guarantee's cost, the intention is to recoup €1 billion over a period of two years in terms of a sort of premium payment for the guarantee. One could argue that this is not a market cost, but there is no market for such a thing and it is difficult to say what the market cost would be. It would probably have been unobtainable.

I do not believe the IMF stated that the number was the minimum of €24 billion to which the Deputy referred. It never intended for this to be read in a purely Irish context as opposed to a generalised comparative feature. There are also figures in the IMF document that are probably accurate but mislabelled and caused a certain amount of confusion. I can speak with members afterwards about that.

If the cost is anywhere remotely in this territory, it will dwarf the work of this committee for many years.

Mr. Kevin Cardiff

That is true but the costs of banking system dislocation are felt in the economy. It is impossible to say that this would be costless. The question is whether it should be felt directly through Exchequer involvement to ensure the banking system can survive and contribute to the economy or whether it would be felt through the economy more generally without State support. It is a question of the pros and cons of how one supports the economy.

I welcome Mr. Doyle and his colleagues. I will ask general questions before questions on the issues in the Comptroller and Auditor General's report.

It amazes me that when the Department of Finance publishes the monthly Exchequer return figures it compares the actual returns with the previous year figures. There is no comparison with the target or the budget. Why is that? Is it because the projections for tax revenue are not profiled on a monthly basis? The figures published make for a meaningless comparison because it shows this year's figures versus last year's figures. People want to know how we are doing vis-à-vis where we thought we would be. The figures should include the budget, the year to date and a comparison with the actual figure.

Mr. David Doyle

I thank the Deputy. It may be that we are not drawing these documents together as we should. Separately we publish profiles for projected tax revenue and expenditure on a monthly basis over the course of the year. These are normally published shortly after the budget. This year, with the fluid budgetary situation, we only published the monthly forecast for this year. This should be available on the Internet today, showing the projected cash flow over the course of the year under the tax heading generally and under the spending heading generally. It is possible to compare monthly Exchequer returns with those figures to get a feel for this. We will profile only from May onwards. The extent of this will give a probable outcome over the course of a year. This is one factor.

Other factors depend on what happens in the domestic economic situation and the international economic and financial market position. There is a measure that allows one to assess the year to date projection and outturn and what the trends are suggesting. The Department comments on these trends at the end of each quarter. While the monthly material is published we do not offer a commentary every month but we issue an end of quarter assessment. Our next assessment of the performance against the expectations for the year to date and the remainder of the year will not be until the beginning of July.

To make a point of correction, the April figures will be projections for April through to December.

Why do we not publish the projection against the actual figure? The Department publishes a meaningless comparison every month. Comparing where we are now with where we were last year is of no relevance; it is another world. From a cursory glance at the Exchequer statements, we need to know what was said in the budget, what the income was and the difference. One cannot see that from looking at the Exchequer statements. Any audit I have done or any set of accounts I have seen prepared compared the actual figure to what it was said it was going to be. Mr. Doyle says the data are there but we must go digging for it. Why is it not presented in an understandable format?

Mr. David Doyle

I acknowledged that we publish these separately and that this may not be the best way. Deputy McGrath's suggestion is sensible and we will examine incorporating it. I am not familiar with the statutory history but there may be a statutory format. If it is possible to incorporate performance against profile in that, we will do so. We could not do so at the microscopic level of each spending and taxation head but it is a good suggestion and more transparent.

I suggest doing this and hope the Department will take it up. In the interests of transparency it is important. There may be concern that the reason the Department will not publish the budget target figures next to the actual figures is that it would highlight significant differences. In the interests of transparency they should be there and it is also good practice in financial reporting. The Department should lead the way and I propose examining this.

On fiscal projections and the projection for economic growth or contraction, as it is this year, what will be the final figure for the contraction of the economy? The ESRI report during the week predicted a contraction of 9.2%. Where have we moved from the budget and what do we now expect? Given the level of co-ordination between the Central Bank and the ESRI, why are there differences in where this is going in the short term? Should the figures not be the same, given the level of co-ordination?

Mr. David Doyle

While I intimated that there was a great deal of contact, I did not mean to suggest we would always agree with the ESRI. The divergence between the Department and the ESRI is not huge. Both projections indicate a serious downturn. We have not moved away from the forecast published with the supplementary budget on 7 April. I invite Mr. O'Brien and Mr. McCarthy to comment.

Mr. John McCarthy

The GDP contraction we projected was 7.75%, whereas the ESRI projected 8.25%, a trivial difference. The difference is small——

It is not trivial.

Mr. John McCarthy

The difference is a half percentage point; maybe it is a reasonable difference. The ESRI is a little more pessimistic than we are. The Central Bank is closer to 7% so we are more pessimistic than the Central Bank. We are also more pessimistic than the market consensus, which is the consensus in the private sector. The situation is fluid and it is changing rapidly. We incorporated several graphs to show how rapidly matters have changed over the past six or eight months. The IMF has hundreds of PhD-level economists working for it and has revised downwards its forecasts on four or five occasions since we published the October budget.

Our figures on the external environment were based on the initial view, which has since changed dramatically. The situation is very fluid at present. Finance ministries, central banks and private sector forecasters throughout the world are finding it difficult to get a full handle on the implications for the real economy of the developments in the financial markets. I would stress, however, that we are probably at the more pessimistic end. While I acknowledge that the difference with the ESRI forecast may not be trivial, we have embedded numbers for a very pessimistic scenario this year in respect of the economy and the labour market. We forecast unemployment rising to 12.5% this year and 15.5% next year, which represents the loss of more than 250,000 jobs. I think our numbers capture the bleakness of the outlook. Our forecast of -3% growth next year is more pessimistic than the ESRI's -1%. The respective sets of figures will balance each other out over the two years in question.

My key question for Mr. Doyle is whether the Department has the skills to lead us through the current fiscal and economic crisis. As this recession came from the private sector, the Department needs people who have cutting edge experience in that sector. I mean no slight against current departmental staff but career civil servants who have come through the system do not necessarily possess the diverse set of skills required. Is the number of staff in the Department with private sector experience sufficient to provide practical advice?

I think the Deputy is asking whether barriers exist to experts coming in from outside.

Where are the barriers?

Mr. David Doyle

The Department's traditional recruitment policy on expertise has always been at administrative officer level or through other Civil Service routes. The administrative officers and other graduate professionals in the Department possess have outstanding skills and commitment to the public. Even if they are career civil servants, they are a very lively bunch.

That is not in doubt but I was making a different point.

Mr. David Doyle

I understand the Deputy's point and am doing my best to address it. They change with the times and keep up to date with their skills. The Department works closely with all the representative bodies for the business community. It does not lock itself away in an ivory tower.

In regard to whether we have sufficient private sector experience, I do not accept that career civil servants are not appreciative of what is happening in the private sector. More than most Departments, we pay attention to the messages communicated on behalf of the business community through these Houses. Members will be glad to know that the Department takes a close interest in what goes on in the Oireachtas and the private sector. We have a strong relationship with the private sector. As to whether enough of the staff within the Department have private sector experience, even though I have been employed there for too many decades, I began my career with five years in the private sector. I had a very modest role in the oil industry.

We have in recent times advertised a number of posts at assistant secretary and second secretary level through the open market. Mr. Cardiff is a product of that recruitment method, although as it happens he was already in the Department. To be frank, the interest from the private sector in that particular appointment was not huge. No barriers were erected to stop the top performers in the private sector from competing for this key post and a number of good candidates applied but they were not successful because of the skills Mr. Cardiff was able to offer. In the past 12 months, we recruited an assistant secretary general, Mr. Robert Watt, who had previously been employed by the Department ten years ago before going to work in the private sector. Mr. Watt works in the sectoral policy division on co-ordination of general investment policies and budget expenditure.

The result of our efforts over the past two years to recruit top management from the private sector was somewhat disappointing because the number of applicants was limited. This may be due to the transparency standards of Civil Service recruitment. In the private sector, rather than advertising a job in the newspapers and waiting for key people to apply, executive searches and contacts are used to identify potential applicants. That is not our approach at present but it is an area worthy of exploration.

It may also be the case that the public service does not project a sufficiently interesting and dynamic working environment to encourage people from the private sector to apply. Notwithstanding what was said earlier by one of the members of the committee, however, the Department of Finance is a highly interesting and motivating place to work. I do not believe barriers exist at management level but further recruitment is needed on an open basis to senior posts. My preference would be to see that done on a more extensive basis, perhaps including the specific identification of potential employees. However, if an accountant in Cork called Mr. McGrath was invited to apply for a job, he may think his appointment was guaranteed. The public service has a long-standing ethos of guaranteeing every candidate a fair and open process. People are reluctant to move away from that.

After Deputy Michael McGrath's suggestion earlier he might get the job with Mr. Doyle's help. Arising from Deputy McGrath's question, there are 56 principal officers in the Department and the majority, if not all of them, have come up through the ranks. Is there a barrier there? Without any reflection on the people there, would it be far healthier if the Department had an entry at that stage from outside?

Mr. David Doyle

It would be healthier if we had more people with private sector experience at all levels.

Are there further examples in recent years of people being recruited directly, beyond the one Mr. Doyle gave of somebody at assistant secretary level?

Mr. David Doyle

I was talking about the Department of Finance. Yes, we recruited a specialised economist from the private sector in recent years who has so impressed by her performance in the Department that she has been recruited by the European Commission. In other areas of the Department, in the public purchasing unit on which the Chairman commented at the outset in terms of contract procedures and standards, we brought in a project officer and legal expert to advise us. We touched on banking earlier and we specifically brought in private sector accountants and solicitors, both directly and in partnership with our colleagues in the NTMA, to help us on an expert level. We are charging the banks for those services.

Is it on a consultancy basis?

Mr. David Doyle

Yes. It is effectively a consultancy basis. In the mix of staffing across the public service and Civil Service, I would like to see far more interchange between the private and public sectors. That would be beneficial.

Based on the response it is clear that the balance of experience in the Department across the public and private sector is not where it should be. There are very few examples of people being brought in at a senior level, particularly when we are trying to work our way through a very severe economic recession. People who have proven themselves in the private sector would have a significant contribution to make and should be given that opportunity, at no disadvantage to any internal candidate. Procedures must be fair, open and transparent but the key issue of the deficit of private sector experience must be addressed.

On Vote 7, superannuation and retired allowances, the outturn in 2007 was €315 million and the appropriations-in-aid was €73 million. The Comptroller and Auditor General in his comment mentioned that this did not cover all pension schemes in the civil and public service. Perhaps Mr. Doyle might outline the make up of that and what type of people are covered by that pension scheme. Are certain former employees of the public sector not covered? What impact does Mr. Doyle see the initiative announced by the Minister, Deputy Brian Lenihan, in the budget of the early retirement scheme option for civil and public servants over 50 years of age having on the public sector pay bill and the pension bill, which is particularly relevant to this Vote? He might indicate the level of uptake he foresees among staff within the Department.

Mr. David Doyle

The pensions Vote relates to the pure Civil Service per se only. There are some 100,000 public service pensioners. That covers the entire spectrum of teachers, health service workers, etc. The overall cost of that is €2.5 billion, only a small proportion of which is shown in that Vote. That pensions burden works out at approximately 1.25% of national output. Because of the age profile that will gradually increase to 2.5% by approximately 2045. There is a similar demographic on a much bigger issue related to social security pensions where the proportion of output consumed by social security pensions is set to escalate very rapidly because of the ageing of the population. Public sector, social security and the health costs of ageing are all part of the pensions bulge, and it is set to reach approximately 10% of output versus the current budget. Ignoring the current imbalance, the long-term challenge on the fiscal front is very serious and will pose major challenges for the future.

On the voluntary early retirement scheme, I missed some of the Deputy's questions. I heard the last one which was what I expect the impact on the Department to be.

Does Mr. Doyle foresee a strong uptake and what would be the impact on the pensions bill and the reduction in the pay bill? It all depends on the uptake.

Mr. David Doyle

The objective of the scheme is to encourage people to retire early but not to replace them. The annual cost for a person would go from 100% of the salary to a lower percentage of the salary on his or her pension. The maximum would be 50% but people will go on this between the ages of 50 and 60, so the pension cost will be lower than 50%. The objective is to secure a net reduction between salaries and pensions, and that is the basis on which it will operate. We do not see it as impacting on the pay and pensions bill.

It is impossible to forecast the uptake. A significant proportion of the staff of the Department are over 50, maybe 30%. The age in the Civil Service is quite biased towards the more mature end of the spectrum, of which I am well and truly representative. Massive expansion of public service employment took place in the late 1970s as part of an economic initiative, as members will recall from their history books, and that age profile is reflected in the current mix. Many people between the ages of 50 and 60 will be thinking about it. Many of them will still have family commitments. Our family commitments go on longer than they used to, as children stay at home, are out of a job and stay in education for longer periods. Their requirements for a deontas for housing are greater than they used to be in my day and, from personal experience, the enthusiasm for large weddings is also significant. There are many reasons why people may or may not opt for it. The process has not really begun, but so far I have heard anecdotally that ten people in the Department might go. The circular setting out the parameters is just issuing. The closing period will be the end of August so it will be the autumn before we know the outcome. It will not be possible to let everybody go who has applied. Although Mr. Cardiff is not old enough, even if he did apply we would have to say, "Sorry, we cannot let you go."

Anecdotally, one of the elements that will have people running out the door is the threat of taxation on the lump sum. That is the biggest fear people have and it will guarantee a mass exodus.

Mr. David Doyle

It has been mentioned.

The sooner the current uncertainty is cleared up, the better it will be for people.

Mr. David Doyle

One of the certainties is that people who apply for and are approved under the scheme are warranted that the lump sum will not be taxed. To an extent that there are certainties, that is one.

Deputy Shortall will be next but before her contribution I would like to ask one question on tax relief for private pensions. The relief is essentially a loss of public expenditure. I note the only informed value put on tax relief is a computed figure of about €3 billion. Has the Department any accurate figures on the cost of the relief to the taxpayer? We saw only yesterday a well-known building society involving itself in €28 million for an individual, which has implications for the taxpayer again. Has the Department any real figures other than a computed figure? I am not aware of any existing real figure for tax relief on private pensions.

Mr. David Doyle

With regard to the issue mentioned by the Chairman, words almost escape me. The Minister has asked for a report from the board of that institution about that matter.

Fair enough.

Mr. David Doyle

Words escape me.

I will save them.

What does Mr. Doyle mean by "Words escape me"?

Mr. David Doyle

It is a matter currently under examination and it does not particularly pertain to my role as Accounting Officer for the Department of Finance. As a citizen, I could express views on it.

We are asking questions of the witness as Accounting Officer.

On behalf of the taxpayer and the unemployed, some action must be taken.

Mr. David Doyle

The Minister has asked for a report from the board about the matter and until he gets that, it would be inappropriate for me to comment. The matter will inevitably be raised in the Chamber.

On the general issue of public expenditure by way of tax reliefs, is there a figure?

Mr. David Doyle

A figure was prepared in the context of the Green Paper on pensions, which goes back to 2006. The figure is €2.9 billion. I can give the committee a note which breaks the figure down under various headings.

On a point of clarification, we got those figures before but there is not a specific breakdown of the different types of pensions within them. There are about five or six categories and this committee has looked for that on a number of occasions from the Revenue Commissioners as well. We cannot say what portion comes from self-administered pensions, company directors' pensions, etc.

It is a computed figure.

Mr. David Doyle

The breakdown which I have has eight different headings. This particular area, with regard to the tax treatment of pension contributions, is the subject of in-depth examination by the Commission on Taxation at the moment. I expect that when its report is produced, there will be much more detailed and comprehensive information available to the Oireachtas and the public generally. If it is useful, I can give the committee the breakdown I have.

Is it a lengthy list?

That is the 2006 figure.

Mr. David Doyle

Yes.

That would be a waste of time.

Figures were given by the Revenue Commissioners from 2007 and they were circulated to the committee. They were from the Green Paper on pensions. The figure was €2.7 billion.

What are the most current figures available?

Mr. David Doyle

We will ask our colleagues in the Revenue Commissioners if they can come up with a more up-to-date figure. The report of the Commission on Taxation is due to be presented to the Government in July and I assume it will be published shortly thereafter. More information will be available then.

We have a problem in that we are asking questions today about public expenditure and we require current figures on tax lost because of these reliefs. In view of the recent scandals relating to this scheme, as a committee we deserve to get the most up-to-date data on this.

Mr. David Doyle

This is the most up-to-date data I have and the committee is welcome to it. With regard to the costs since 2006, they may not be dramatically different. Certain chunks of this would relate to self-employed income and the earnings levels, reflecting what is going on in the economy, have reduced. Earnings across the economy are falling and adjusting quite substantially. The figure may not be that different but we will investigate it.

The witness should reply to us within a short time.

Mr. David Doyle

We will get back to the committee as soon as possible on the issue.

I thank Mr. Doyle for his presentation. Following from the issue of the cost of pensions, it is quite incredible that the Department of Finance is not in a position to tell us as Members of the Dáil or taxpayers the cost of providing private pensions. It is outrageous that at this stage in the middle of 2009, the witness is quoting 2006 global figures and there is not even a breakdown of those 2006 figures.

For the past 12 months I have been tabling Dáil questions on the cost of self-administered pension schemes and the Department has not been able to provide me with any information at all. We know there are 6,500 self-administered pension schemes, principally relating to company directors. We know they can have up to €5.4 million in that pension pot and that money is put in tax-free, with earnings also tax-free. On retirement, up to €1.3 million can be taken out tax-free.

That is an outrageous situation in the first place but it is totally unacceptable that the Department of Finance cannot provide us with a costing for that arrangement. It is incredible to think that at the touch of a button any kind of data we want on PAYE workers can be provided but for people in those privileged circumstances, who have advantages in the kind of pension arrangements they can make, we cannot be provided with a costing.

My own party dealt with this in the lead-up to the recent budget and we were offered the facility of the Department to provide costings for different options in terms of revenue raising. When it comes to some of these sweetheart arrangements that exist for the better off, we cannot be provided with costings. As we do not know how much they cost, nobody can propose that we cut or limit the schemes to make savings. It is incredible that the Department does not have the costings.

How can the Department have reached any kind of fair and balanced decisions in order to make recommendations to the Minister for Finance on where the axe should fall in the context of a very severe supplementary budget which hit people on welfare and low incomes? How can the Commission on Taxation possibly come to a view on the fairness or otherwise of this scheme if it does not even know what such schemes cost?

Mr. David Doyle

With regard to the Department's ability to provide the costs for any particular heading, we are dependent on the source of that information. The source in this instance, in terms of the assessment of the cost of a tax relief, is our colleagues in the Office of the Revenue Commissioners. I intimated that the overall cost of €3 billion, from which I do not think it is likely to depart dramatically——

I am sorry, Mr. Doyle. I am not talking about the overall cost of tax relief on pensions. I am talking about the cost of sweetheart deals for company directors with regard, specifically, to self-administered pension schemes. I cannot find a figure for this year or any previous year for the cost of those schemes.

Mr. David Doyle

I ask the Deputy to let me finish on that. The Deputy mentioned that there were about 6,000 schemes.

Mr. David Doyle

These schemes are for individuals. We must bear in mind that the total taxpayer base is 2 million plus. In seeking that information on behalf of the Deputy and others, the Office of the Revenue Commissioners has intimated it was unable to extract the data because it was a manual process and they were busy with other things. It should be possible to do a sample survey — not to pile through the 6,500 — and come up with an informed and reasonable estimate of the cost. We will ask our colleagues in the Revenue Commissioners to undertake that sample survey.

Why has this not been done already?

Mr. David Doyle

To be honest, I was not personally aware of this issue, given that many issues cross my table. In preparing for today it was drawn to my attention that the Office of the Revenue Commissioners had intimated recently it was unable to provide this costing. I have been discussing this matter with the staff in recent days, and my view is that it is not satisfactory that we are not in a position to provide a costing. Our conclusion was that the best approach was to ask the Revenue Commissioners to undertake that sample survey. When they give us the estimate we can share it with the committee and others.

With all due respect, how can Mr. Doyle sit there as Secretary General of the Department of Finance and say he was not aware of this issue? This is the primary vehicle for wealthy individuals in this country to make pension arrangements for themselves, facilitated through Government policy over many years. I have asked umpteen questions on this issue, which has been raised here with the Revenue Commissioners on numerous occasions. There is a certain amount of reference to this issue in the public arena through those people who are not on the inside when it comes to the pensions industry and are asking questions about the fairness of how we decide on our pensions policy. Yet the Secretary General is saying to me that he is not aware of this issue.

Mr. David Doyle

I was not personally aware of the costings for this, although the institution of the Department may have been aware of the issue. On this particular narrow issue, I was not aware an insurmountable difficulty had been portrayed in obtaining a reasonable assessment for the Deputies or others. I never suggested I was not aware of the €3 billion cost of pension reliefs, which is the critical issue in terms of fiscal policy, appropriate changes in policy and so on. We are talking about a policy matter here.

Mr. David Doyle

What I have said is that this issue was not raised with me.

We are not speaking about a policy.

Mr. David Doyle

May I finish, Chairman?

This issue was not raised with me on any previous visit here. I did note that in recent times it was raised at the committee and I have undertaken to the committee to initiate the process to obtain an estimate of the cost.

The most disturbing thing about this is that the Revenue Commissioners either cannot or will not supply relevant information. This committee will immediately contact the Revenue Commissioners to get the answers Mr. Doyle has failed to get so far.

The Office of the Revenue Commissioners sets its own priorities. When I asked the chairman of the Revenue Commissioners about this, she made the point that they are not overly concerned about this issue from the point of view of tax compliance. However, the cost of any scheme is a matter for the Department of Finance. This is not a policy issue. The policy decision has been taken by successive Governments — recent Governments, in this case. I am asking Mr. Doyle whether he can provide us with the cost of this scheme, which facilitates very generous pension provision, highly subsidised by the taxpayer. It could be described as corporate welfare. We know about welfare payments to people on the State pension, for example, and how much the old age pension costs. We do not know what this kind of corporate welfare, which is provided to the wealthiest in our society, is costing us, and that is outrageous.

As I said to Mr. Doyle already, there are three grounds on which he should have this information at his fingertips. First, it is important if he is giving advice to the Minister on budget matters. Second, the Department has had a significant input into the Green Paper on pensions. How could it do that without knowing the costings involved? Third, the Commission on Taxation, which is due to report shortly, has not been provided with those figures. How can any of those processes be satisfactory? How can the Department, as the principal Government Department, have a satisfactory input into any of those discussions if it does not even have the costings involved?

Mr. David Doyle

As I intimated to the Deputy, we have costings for the overall cost——

No, it is not——

Mr. David Doyle

——and there is a breakdown. We do not have the cost of tax relief for these 6,000 taxpayers out of a total of 2 million.

How convenient for the many people who are doing so nicely out of these schemes.

Mr. David Doyle

I am just objectively saying to the Deputy that I do not have this costing. I feel it will be possible to get the assessment for the committee but the difficulty, as has been mentioned, is that to actually extract the final cost means manually going through 6,500 files. It has been indicated that would be very difficult. What I am saying to the committee — and I will say to my colleagues in the Revenue Commissioners — is that a survey should be carried out of a representative sample. On that basis, a reasonable estimate of the cost can be obtained, and we will present that information to the committee as soon as possible.

The point Deputy Shortall is making is that any report or study that comes out in the next number of months, including that of the Commission on Taxation, will be meaningless without these statistics.

The Minister for Social and Family Affairs has promised the White Paper on pensions within the next few weeks. There will be a White Paper on pensions without our knowing anything about how much it is costing the taxpayer to fund the pensions of company directors. That is outrageous. Let us do some rough sums on this. There are 6,500 schemes, into each of which can be put €5.5 million. Even if people were to put in an average of half that — €2.5 million — we get straight away a figure of around €16 billion, and they can take 25% out of those funds tax free. This is outrageous. In the first place it is outrageous that we have a regime of that kind which so much favours the better off and provides for massive cash transfers to them. What I find completely unacceptable is that the Department of Finance cannot provide us with a costing for this.

Mr. David Doyle

I have intimated to the Deputy that we can provide a costing for the overall——

I am talking about self-administered pension schemes.

Mr. David Doyle

With due respect to the Deputy, I am dealing with that point. She raised it with me today but it was not raised with me before on a personal level.

I have raised the matter umpteen times by way of parliamentary questions over the past 12 months.

Mr. David Doyle

I do not know how many tens of thousands of parliamentary questions I do not see but I am concerned——

Mr. Doyle, there was a question as recently as 3 March 2009 but the figures provided by the Department were for 2006. Surely at that stage——

This is not something that should be provided merely because somebody asks a question in this room. It is a core element in pension policy and in the costing of pensions. It is outrageous that the Department cannot provide us with a costing. How can we decide the fairness of pension policy if the Department does not have costings? I shall leave it at that.

We want the up to date figures as quickly as possible, not the 2006 figures that have been provided to date. That is the end line. The point all members are making is that there can be neither policy nor commission reports without real figures.

Mr. David Doyle

In that context we will pursue the course of action that——

Will the Secretary General inform us if he is still having problems getting figures from the Revenue Commissioners? We can address that also, in our own way.

Mr. David Doyle

We will correspond with the Chairman.

The concern of this committee is that we cannot see how the Department of Finance can do its job properly if it does not have costings. I wish to move on.

Mr. David Doyle

Some of those figures the Deputy worked out hypothetically were probably live-time costs rather than annual costs.

I referred to the amount in the funds that has been stashed away tax-free.

Let us move on.

Some of these schemes also need some clarification. We have raised this matter with the Revenue in this forum. Deputy Shortall is right. Many of these schemes were established under the Pensions Act, going back to 1990 and, therefore, this is not a recent matter. The committee asked the Revenue to provide those details but they have not done so up to now. The first point of call for anybody should be the Pensions Board because every scheme must be registered with it. At least one would get a good cut rather than have to examine 6,000 different schemes.

This should not be confined to self-administered schemes. Many company director schemes on a contribution basis are invested with life assurance companies where there are roll-ups of up to 300% of salary in the year before retirement. Those schemes should be examined. On a point of clarification, I have asked Revenue about this, as have many members. My advice is not to stick to the 6,500 self-administered schemes but to include the insured schemes for company and proprietary directors.

The self-adminstered schemes must be registered when they are set up. In addition, every three years there has to be an actuarial report on them. There is ongoing information but the Department is not collecting it in a manner that is useful.

Mr. David Doyle

One of the factors that would put Revenue in difficulty is the time lag in schedule D returns. These are not as up to date as——

Mr. David Doyle

It is a factor. We shall see what we can find out for the Chairman.

We should move on to other matters.

May I just finish this point?

There are other speakers. One final question is allowed.

Concerning those schemes, until 2006 people were allowed to put in up to €100 million. Might that explain how a person could have a pension of €28 million at present? Is that how that could be done legally, on the basis that it predated the 2006 limit?

Mr. David Doyle

Perhaps Mr. Kevin Cardiff will comment on that. He probably has some direct experience of dealing with the historical measures that were taken in 2005-06.

Presumably the people who had large pots before 2006 held on to them. Is that the case?

Mr. Kevin Cardiff

One could bet that a person had a personal pot if he or she had more than €5 million at that point.

A person could have up to €100 million.

Mr. Kevin Cardiff

Yes. Theoretically, one can still have more than €5 million odd but if one does it comes out in double tax so there is a serious incentive not to exceed that figure in terms of the tax treatment. If a person had €10 million in 2005, for that year and thereafter he or she would have €10 million plus whatever indexation was attached to one's personal pot. If the person exceeded that, he or she would be doubly taxed as the money came out.

The Government set up a committee to look at remuneration in the banks. The previous Comptroller and Auditor General was a member of that committee, which reported in February. Under the heading "Pensions in the bank", it stated:

We consider that pension arrangements for top management should be reviewed. We have become aware of a practice in which cash allowances were paid to compensate for the effects of the pensions cap. Pension schemes should reflect public policy and tax law and it is unacceptable that arrangements should be put in place which would be inconsistent with the intent of the relevant legislation.

In view of that pensions cap in place since 2006, what exactly is this committee talking about in respect of the banks circumventing that cap and providing cash allowances? I do not understand it. Obviously, if cash allowances in the form of additional payments or bonuses, or whatever, were paid to bank executives they would be taxable. Is there an issue here? Have they got some sort of scam going whereby non-taxable money is being paid?

Mr. Kevin Cardiff

I do not think so. I understand the Revenue Commissioners are looking at individual payments to make sure of that. However, the real issue, as I understand it, is that when the pensions cap came in it had a cost to, for example, a chief executive of a bank who could no longer continue to put money into a pension scheme that would not suffer an extra tax hit at the end. Some of the institutions decided to not only change the shape of their remuneration so that the money was paid through the salary system rather than through the pension contribution but also may have decided to give the individual chief executive extra money to make up for the fact that he or she was doing less well on the pension. That was to keep the overall after-tax package more or less equivalent. That does not mean that in itself it was a tax avoidance scam. It means——

They were compensated.

Mr. Kevin Cardiff

An individual board would have decided to compensate an individual executive for the fact that otherwise he or she would have done less well.

It refers to the after-tax value.

Mr. Kevin Cardiff

If one considers the Covered Institutions Remuneration Oversight Committee, CIROC, its role was to opine on remuneration levels overall. Its opinion was that it was not appropriate that, on top of a particular salary level, one should get an additional top-up to reflect that. I believe it referred to this issue. The question of whether that sum was appropriately taxed is obviously a matter for the Revenue Commissioners but I have not seen any suggestions to indicate it was not.

From the point of view of this committee, or of the House, or of the taxpayer, can Mr. Cardiff say how we will know that the Government has adequately addressed the issues raised in the CIROC report? Will the Department produce a report in response to the issues raised? How do we know whether the Department has done anything about it?

Mr. Kevin Cardiff

In a sense, the Government has decided to reject the CIROC report to the extent that the Minister has informed all the guaranteed banks that he regards the CIROC numbers as being too high. He wants remuneration to be kept below those levels.

That is in respect of remuneration. What about in respect of pensions?

Mr. Kevin Cardiff

What the CIROC report is saying is that pension arrangements should be within a normal range for that level of remuneration.

I am interested in whatever action is to be taken.

Mr. Kevin Cardiff

The Department and the Financial Regulator together monitor the actions of the guaranteed banks with regard to what they are required to do under the guarantee. There will be regular but occasional monitoring and they will be asked to supply data and assurances that those practices are not happening.

How does that happen in practice? Does the Department issue instructions to the banks about the cash allowances?

Mr. Kevin Cardiff

The Minister has written to all the banks telling them that he wants a €500,000 limit on remuneration and they are taking action.

Has he mentioned the facts about the pensions?

Mr. Kevin Cardiff

I cannot recall the exact terms of the letter but they are in no doubt about their requirement to stay within the terms of the CIROC report.

Can Mr. Cardiff provide assurance that this arrangement for the cash allowances is not continuing?

Mr. Kevin Cardiff

Yes because that is not a pension contribution that is covered by the overall salary cap.

Mr. Kevin Cardiff

It is certain that the Minister has written to all the institutions.

This is a separate issue in the CIROC report and I expect it to be dealt with separately from remuneration.

Mr. Kevin Cardiff

It is being and will be monitored as a separate issue and any recalcitrance will be brought to the Minister's attention and I am sure that he will then talk to them directly.

I welcome Mr. Doyle and his officials. Are there international level discussions going on about insolvency ratios for banks? The Basel agreement has been referred to. Is the Department involved in those discussions?

Mr. Kevin Cardiff

The Basel agreement is a product of a Basel committee which does not involve Ireland but EU law governs its implementation here. The European system takes the bones of the Basel accords in these matters and——

Who represents Ireland?

Mr. Kevin Cardiff

Ireland is represented in the European discussions at two levels, by the Department of Finance and the Financial Regulator at various committees and working groups and by the Members of the European Parliament.

The Department of Finance represents Ireland on two working groups.

Mr. Kevin Cardiff

The Financial Regulator represents Ireland at level three committees of regulators which give technical advice and the Department of Finance represents it at Council working groups with the Financial Regulator or the financial attaché in the permanent representation in attendance. Moving up the scale, the ambassador represents Ireland at the COREPER.

What qualifications in respect of financial matters do the Irish officials have who sit on that committee advising the Government?

Mr. Kevin Cardiff

They may or may not have professional qualifications. Most do not but the staff of the Financial Regulator who attend the meetings assist them and give technical advice throughout.

The people who represent Ireland on this committee may not have any qualifications in financial matters.

Mr. Kevin Cardiff

There is a range of committees and the civil servants are appointed having regard to their suitability for the job but they may not have, for example, formal accountancy or banking qualifications.

Would it not be helpful for people who represent Ireland on such a committee dealing with the banking sector to have a financial, economic or banking qualification?

Mr. Kevin Cardiff

They are almost invariably assisted in these working groups by staff from the Financial Regulator who are experienced and qualified in those sectors and they consult regularly in Ireland with industry and regulatory and other interests.

Will Mr. Cardiff give us a note on the type of work being done and the range, capacity and qualifications of individuals because going into that is probably a bit boring for a lot of people? I would like to have a note because people have said to me there are people representing Ireland on committees who have no banking or financial qualifications.

Which Department takes the lead in the review of regulatory structures?

Mr. David Doyle

Is the Deputy talking about financial services?

Financial regulation.

Mr. David Doyle

The Department of Finance is the lead Department in that respect.

In the Department's output statements for 2007 and targets for 2008 it states that one target is to contribute to the Department of the Taoiseach's review of the regulatory environment with regard to financial regulation. What review, separate from the one the Department of Finance is doing, is the Department of the Taoiseach carrying out and who else is contributing to it?

Mr. David Doyle

That is a general review of the overall regulatory framework for the entire regulatory system covering all the sectors, from taxis to public transport, to aviation, energy, etc.

Is it connected with the new regulatory committee in the Oireachtas?

Mr. David Doyle

Yes the Department of the Taoiseach is putting together an overview and presenting a report to the Government on that.

Is the Department of Finance contributing only on the financial regulation side?

While decentralisation has recently dropped off the agenda I am interested in it because I live in Portlaoise and hundreds of people have come to the town. How many have been decentralised to date and what construction projects will advance in the immediate future? There have been quite a few in my area but I have not heard the programme mentioned recently.

Mr. David Doyle

I can outline that or circulate a detailed note to the committee.

I would be happy with a note sent to the committee.

Mr. David Doyle

I have a comprehensive note with a list of all projects completed, those approved and those parked. I will give that to the committee secretariat.

That is fine. I want to address three small topics, one of which came up earlier, the election postage costs. We all agree that it is essential for democracy that each member of the electorate receives a communication but that has mushroomed into a bonanza for An Post. While Mr. Doyle explains that An Post incurs extra costs associated with this it gets €14 million for the work. It has a financial incentive to go the extra mile. According to the Comptroller and Auditor General's report, €7 million was paid on account on 26 June, immediately after the election. Is there legal provision for payments on account without any certificates being provided? If Mr. Doyle does not have the answer to hand he might return to us with it.

Mr. David Doyle

There is a general provision that payments from the Central Fund may be made in such terms and conditions as the Minister can specify. It receives a part payment and submits final accounts as soon as it can and the balance is paid.

Twenty five items of communication went out. I know the large parties sent up to 3 million each and their respective headquarters would have issued a certificate confirming to An Post that these items were delivered on their behalf. Is it possible to send us a copy of the certificate for any bundles of documents over 50,000? I am not concerned about the small ones. The Seanad sends a lot but I would like to see the breakdown of Independents and parties. I presume there is a certification process, maybe not directly with the Department of Finance but with An Post or the Department of the Environment, Heritage and Local Government. I would like to know how that certification process works. Perhaps Mr. Doyle could ask the person who is responsible back along the line who signed for these deliveries. Even if only 10% of the 25 million came back, 2.5 million would be returned. Will Mr. Doyle ask somebody to provide a note on what happens to the ones that An Post returns? People's addresses change all the time and I would like to know whether there is any follow through on the millions that must come back.

I understand the system will cost what it currently costs if the parties take up the option that is open to them and individual candidates take up their right as well, but perhaps the Department of Finance or the Department of Environment, Heritage and Local Government could put together a working group with the parties and representatives of the Independents to consider the publication of one booklet for the election. If a party has three or four candidates in a constituency, they can combine their photographs and CVs and produce one publication. I see tremendous merit in a single booklet going to each house, like the information booklet on the commission. People could then see all the candidates in alphabetical order in line with the names that will be on the ballot paper. I know there are massive logistics involved, but there are massive logistics in the current arrangement as well. It might be more useful for the electorate to get information from all 12 candidates in one little booklet. If people could see them all in one place, they might pay more heed.

That is a viable suggestion that somebody should explore. I understand it would be difficult, but there are difficulties in the current arrangements. We all have to rush and beaver away to get things done during election campaigns, but when one's back is to the wall it is amazing what can be done. An Post would not like it because it would get only one delivery instead of charging to deliver literature from seven or eight different candidates in a constituency, but the proposal is a way of reducing costs while maintaining the principle of every elector receiving a communication from each candidate.

Mr. David Doyle

I particularly respect Deputy Fleming's expertise in the matter, given his past involvement——

I am familiar with the process on the other side from my previous experience at party headquarters.

Mr. David Doyle

Absolutely. I have been told that one inhibiting factor is the political process. I have never heard of this, but it has been portrayed to me as fact. The Deputy can correct me if I am wrong, but I believe each party likes to see the election literature dropped into each household separately, presumably to have a particular impact on that day. If I understood Deputy Fleming, he suggested that process should be stopped and there should be a common leaflet for all.

Yes. Mr. Doyle's Department is ultimately the paymaster general. I suggest that he refer the matter back down the line to the relevant Department, probably the Department of the Environment, Heritage and Local Government, at least to initiate a discussion in the interest of the cost to the taxpayer. What happens in a typical house, where there might be four electors? The parties, understandably, do not want all the literature to arrive on the same day. There could be seven candidates, with combinations of parties sending out documentation over a period, so there could be 28 items of literature. Of course, it is not a good idea for An Post to deliver all 28 on the same day. People would just bin them. I am saying that if there was a properly produced booklet like the information booklet on the referendum, that might suffice. It might not work, but if the issue was pushed, I think the parties would accept it.

Mr. David Doyle

In the context of reviewing the papers for today's meeting, having satisfied myself that the law is the law——

We accept that.

Mr. David Doyle

——and the arrangements are as they have been described, I asked my colleagues at the Department of the Environment, Heritage and Local Government and the Department of Communications, Energy and Natural Resources to have a fresh look at this. That would necessitate a review with An Post, and a necessary input would be consultation with the political parties. The Independents could also be part of that. We will ask for that review and pass on the Deputy's suggestion in that context.

I inform the committee that Mr. Cardiff must leave here by 1 p.m. If there are any questions on his area, they should be put now.

On superannuation and retired allowances, I see under the appropriations-in-aid there is an issue of purchase of notional service. There are estimated receipts of €2.9 million and the figure received was €6.29 million — more than twice the amount. Is that due to public servants voting with their pockets and recognising the public service pension scheme is a good one and worth buying into? Is that why they contributed far more than was anticipated? Does Mr. Doyle have any idea how much the same people contributed to AVCs in the private sector through payroll deductions? How much of the extra pension rights they are buying is going into notional service for the public service pension compared with the amount going into AVCs to buy additional benefits through the private sector? Probably, all the contributions go through the Department's payroll records somewhere along the line.

Mr. David Doyle

I do not have the figure on AVCs. The increase in receipts reflects two things. First, as people mature in years, they have more resources than they had previously. Second, up to 2007 anyway, people's disposable incomes grew, so they were in a better position to purchase notional service and the arrangements for that do not represent a prohibitive cost. People recognise that it is a good deal and they take it up. I do not have with me the precise calculations involved, but they represent a fair balance between the interests of the taxpayer and those of the individual.

I ask Mr. Doyle to forward to us, if possible, some information on payroll deductions for AVCs, which are separate from that.

My final question is on the Disabled Drivers Medical Board of Appeal. There was a cost of €285,000. Mr. Doyle might give us a note on the maximum amount a person can claim as a tax concession. We all meet people who claim they cannot get it and we all hear rumours that people can change their Mercedes every couple of years through the scheme. A person with a disability can have an expensive car. I know it is a policy issue, but I would prefer to see a cap on individual payments related to the size of cars so that more people could benefit from the funding available under the scheme. However, I think the stated cost is to do with the appeals board. Does Mr. Doyle have the costs in relation to the scheme? How many beneficiaries are there and what is the maximum benefit per person? How often can a person reclaim the benefit and change their top-of-the-range car? Has the Department considered trying to spread the fund across more individuals? Has it reviewed the financing? I will not delve into the medical difficulties because we all know about those. That is a different day's work.

Mr. David Doyle

Again, I have to confess an inadequacy in relation to the number of cases and range of costs in the scheme, but I think that information will be available and I will supply it to the Deputy. The cost is purely the cost of the committee, which has a series of doctors on it. I have a note on that, which the Deputy is welcome to have as well. I will get back to him with the parameters.

On the underlying scheme.

Mr. David Doyle

Yes.

Mr. Doyle and his officials are very welcome. I will not go over old ground, but I have a few questions. The committee has been concerned about the widely reported matter of foreign travel. In our interim report, we recommended the publication of statements of compliance by various Government agencies and Departments to confirm that they are familiar with and understand the Department of Finance guidelines on foreign travel. What contact has Mr. Doyle's Department had since that report was published? Since that report was published has the Department of Finance sought assurances from Departments and State agencies that employees at any level within the organisations are adhering to the Department of Finance guidelines on foreign travel?

Mr. David Doyle

When was that report?

Mr. David Doyle

In the normal way that report would have been submitted to the Minister and one would have got a response to that report from the Minister in the usual way.

But those guidelines——

Mr. David Doyle

In regard to the guidelines I am aware that on foot of some recent controversy in a particular area, the general policy in regard to the modes of transport to foreign parts has been emphasised to Departments, and through them to the relevant agencies.

I am referring to the interim report which we published on our investigation into FÁS. That had a wide-ranging impact across the board. When Mr. O'Brien said his Department had re-emphasised the guidelines, in what way has he re-emphasised to employees across agencies the importance of adhering to the Department of Finance guidelines?

Mr. David Doyle

I had not anticipated this particular question. To the best of my recollection, the Department — at a senior level — has communicated formally to Departments generally about the guidelines. I will verify that issue and confirm it to the committee. An interim report has been published on FÁS and a further one, no doubt, will be in train in the Office of the Comptroller and Auditor General on that case.

With all due respects to Deputy O'Brien's question, Mr. Doyle's officials were present for every hearing to hear the abuses that took place. They did not have to wait for a report or an interim report to take action. They knew what was happening. If it was happening in FÁS, the question was whether it was happening elsewhere. They did not need to wait for a report to take action.

Mr. David Doyle

I understand that the best practice under our guidelines has been emphasised since then. I am talking about the formal process whereby when the committee submits a report to the Minister, it is formally considered in a very structured way and one gets a structured response. I presume that process is in train in that regard.

That would be the case. I am not going to dwell on that issue too long. Across Departments — I am not speaking specifically about the FÁS investigation — people seem to be somewhat confused about whether they were entitled to certain things. It would help to have clarification on whether the Department of Finance has written to other Departments and State agencies reinforcing the guidelines. In our report we have asked that they affirm to the Accounting Officer that they understand the guidelines and are adhering to them. I will leave it at that. That would be helpful to us.

I will move on to the area of procurement. It is an area that each week this committee looks at in great detail with all Departments. Obviously the central policy on procurement sits within the Department of Finance. In regard to tendering within Mr. Doyle's Department and contracts on hand, what is the level of compliance with his Department's rules on procurement? For example, if the Department needs to take legal advice that is not urgent, in general what is the procurement process that has to be gone through within the Department of Finance? I understand the situation if something is urgent and is going through legislation.

Mr. David Doyle

I am not aware that any particular contracts were handled in a way that did not meet with best practice under the Green Book procedures which is that the norm is open competitive tendering. There might have been an instance in recent times in regard to the banking situation where we had a force majeure requirement for a rapid accelerated approach in regard to legal advice. That was exceptional. All the staff of the Department are keenly aware of the requirements and the limitations placed by both the domestic rules and the EU procurement rules. The individual management across the Department are charged with responsibility for observing those procedures. From what I have seen, they do. We have an internal audit process that regularly surveys the compliance with processes and verifies that appropriate steps have been taken. There is a series of comprehensive internal audit reports that come to me and the management committee and go to the Comptroller and Auditor General. Unless I am mistaken, we have a clean bill of health under this heading.

Perhaps the Accounting Officer can clarify it further. If we take the banking issue, we have a situation where the Department of Finance, the Government and one of the financial institutions have the same firm of solicitors representing both, a matter that was covered recently in the media. The same legal firm represented both the Government and the institution. The Accounting Officer will be familiar with the matter to which I refer. I understand when one needs to seek urgent legal advice that if it relates to legislation, one cannot go through a full tendering process. That is fine. If we look ahead to the rest of the year, about which I am more concerned, obviously the Department of Finance will be keenly involved in the national asset management agency, NAMA, which will require both legal and accounting work. I am trying to ensure that, where possible, the State's legal advisers are not acting for the State and other third parties, financial institutions and banks and that we do not have the same legal advisers on both sides of the table. Has any thought been given as to how that will be operated?

Mr. David Doyle

Yes, there has, and Mr. Cardiff will articulate that in detail. Obviously in a small country, where a number of firms are highly expert in complex commercial legal issues, one could find the same firm representing different interests. This is common in the commercial world also but the rules and procedures under which those legal firms operate would be such that one would have a complete Chinese wall between the partners and teams in charge of different work. We are satisfied that if that were to arise, appropriate Chinese walls would be operated. Perhaps I will ask Mr. Cardiff to comment in more detail.

Mr. Kevin Cardiff

In regard to the national asset management agency we are going through the whole list of issues that need to be addressed to set it up. One of the first issues is an appropriate and proper procurement process for advisers to NAMA which will come under the aegis of the National Treasury Management Agency. It is virtually the first item on the agenda because good advice will be important for the tendering process which will be open and competitive and done appropriately.

In regard to the case referred to by the Deputy which was covered in the media, we did some checking and were happy enough that the particular report we saw was not accurate. That is not to say other instances could not occur. That Chinese wall guidance is very important. We have had situations, for example, where we would have asked our advisers' internal compliance officers to double check on various issues to ensure the Chinese walls were being adhered to. It is difficult to find a very good legal firm around the Irish system that does not have a fair degree of other work.

When we do have legal advisers, their work is overseen by the Attorney General's office and therefore we are not relying totally on them. There are realities of procurement and so forth but we also try to be aware of the realities of the world in which we live. The Deputy can take it we are not being naïve.

To be clear, I am not saying there was anything wrong in that but we are talking about a crucial move forward on which people have different views. I am sure there are different views in this committee. I am talking about the reality of it. The creation of the national asset management agency is probably the biggest step this country has taken in addressing the current economic and credit crisis. Mr. Cardiff will agree it is important that it is seen as such at an international level also. I take Mr. Cardiff's point that there are probably four or five large firms capable of dealing with some of the intricate legal work that is required, and I am using that as an example — I could refer to accountancy and so on — but it is crucial that people looking at that can see that law firm A is not always representing the Government and the institutions. Mr. Cardiff and myself understand the reality on the ground in a relatively small country but the perception, in terms of an international perspective, is important too. It is all very well to talk about Chinese walls but if a firm representing the State is representing an institution at the same time, the process by which it goes about its business must be made clear to both the citizen and international markets. That is where we must be very careful.

I welcome the fact that ensuring procurement of this crucial work is open is at the top of the agenda but I would like to believe there is more expertise available than that referred to by Mr. Cardiff and that the same firms are not dealing with everything all the time.

Mr. David Doyle

We fully endorse what the Deputy is saying. In terms of the allocation of the work, the Minister has asked the National Treasury Management Agency to supervise and execute the NAMA arrangements. The Minister will bring forward appropriate legislation in that context. I understand Dr. Somers and his merry crew will be here in about a fortnight and therefore particular arrangements under that can be discussed further with him.

I appreciate that response.

Mr. Cardiff has to leave.

Mr. McCarthy may be able to respond on the economic forecasting. We discussed earlier some of the differences between the ESRI, ourselves and economists in the private sector. There will always be variances. That is the nature of the beast but within Mr. McCarthy's remit, what interaction would he have with, say, the private sector in regard to economic forecasting?

Mr. John McCarthy

I would touch base with the Central Bank and the ESRI in advance of producing a forecast. I would also touch base with some of the private sector forecasters. We would keep an eye on what they are saying as well. They are part of the consensus, so to speak, and we publish a consensus with the budget documentation. There is no doubt that there is interaction. We would also touch base with international forecasting agencies, especially the European Commission because ultimately it will assess our economic and fiscal forecasts. We would also touch base with the OECD. A good deal of interaction takes place. We would also attend meetings with the Commission and the OECD where we would find out about the developments in the global economy in our major trading partners. I refer to those sort of issues.

Mr. David Doyle

At least twice during the year the Department would have direct contact with the Construction Industry Federation, IBEC, all the representative bodies and so on who feed in their assessment of what is going on in their particular sectors to the Department. That is taken into account also.

What is the Department's interaction with an bord snip nua and the report that should be available shortly? Has the Department been very involved in that process?

Mr. David Doyle

Yes. The Deputy can take it the Department is very involved in that.

Who is involved in that process?

Mr. David Doyle

There is a robust independent chairman, Colm McCarthy. The board involves: Maurice O'Connell, the former Governor of the Central Bank; Willie Slattery who is managing director of a major bank in the IFSC; Mary Walsh who is a former partner with PricewaterhouseCoopers; Pat McLoughlin deputy chief executive of the health service; and Donal McNally, second secretary, who is not here with us today.

All good people but when——

Mr. David Doyle

The meetings are organised and hosted by the Department. They are examining each departmental management team, hearing their views and the views of their relevant counterparts in the Department that deal with each line department. They are hearing both sides of the story and as the Deputy said, the report should be available——

When will we get the report?

Mr. David Doyle

I understand the objective is to report to the Minister by the end of June and after that it is up to him what he does with it. I am sure it will appear in the public domain and in the House.

I am sure Mr. Doyle is aware that people have great expectations about this report.

Regarding the Department of Finance's directive on expenditure and projects in the coming year sent to the local authorities some weeks ago effectively freezing local authority projects or entering into new contracts, Mr. Doyle will be aware that a number of local authorities across the country have significant surplus funds and projects that are important for the local economy. I am not talking about my own one in Fingal; there are a number of them. I am aware that the Department, the Minister and, I understand, the Department of the Environment, Heritage and Local Government were involved in that. Is that directive within the remit of the Department of Finance or the Department of the Environment, Heritage and Local Government? What is the view of the Department of Finance on it? I am aware the Minister and the Department have received representations from the local authorities.

Mr. David Doyle

There are two aspects to that question and as the Deputy said, the management of this area rests with the Minister for the Environment, Heritage and Local Government and his Department. There are the accumulated funds the local authorities had and, without getting into the Byzantine calculations of the general Government balance, for the man on the street that does not add to the borrowing requirement but when the accumulated funds are spent it is regarded as expenditure by Government which then impacts on the borrowing requirement. Over the years there has been an envelope for local authority borrowing, usually presented in the budget as an objective, and within that objective the Department of the Environment, Heritage and Local Government manages its authorisations of projects where the local authorities have their own resource.

The bulk of local authority capital spending is funded by the Exchequer in one way or the other. Prior to the supplementary budget many capital projects were in suspended animation pending Government decision on the overall budget for capital investment. A deferral was put on incurring new commitments until the outcome of that procedure was known. The budget has clarified the Government's plans for capital spending this year and the objectives into the future. My understanding is that the Department either is communicating or has very recently communicated with the Departments authorising them to proceed with capital expenditure within the capital envelope set out in the supplementary budget. I will verify that through the Chair for the Deputy. That should work its way through the system.

That would be very important. Let us take the example of Fingal which has €72 million in the bank. It cannot do anything with it. South Dublin County Council has €240 million. I understand the necessity of ensuring local authorities that are in debt are not allowed to continue to borrow but the measure was applied across the board and has affected local authorities that are in a good financial situation. Much of that money is not necessarily from the Exchequer but from development levies that were raised over recent years. Is that issue affected? Mr. Doyle is not saying it is cleared up.

Mr. David Doyle

No. I dealt with the Deputy's question under two headings. Yes, the local authorities collected that money but the investment under which it was collected was, by and large, funded by the taxpayer, through roads, water and so forth. Apart from that, some local authorities have accumulated funds. The same local authorities get massive current transfers from the budget. There is a line within the calculation of the annual general Government balance which represents an envelope for local authority drawdown or borrowing. Within that envelope, the Department of the Environment, Heritage and Local Government has the discretion to allow either direct borrowing or drawdown of the cash.

The cash that is in their bank accounts.

Mr. David Doyle

Yes, within that overall envelope. It is not a hard and fast rule; it is an objective.

I am aware this issue applies to two Departments. However, it is a fact that at present everything has stopped across the local authorities. That, in itself, is not a good thing, certainly for local economies and especially in areas that have developed greatly over recent years. While I accept that subventions have been and continue to be given from central government, in the areas that have developed greatly the development levies have been collected to provide and improve facilities within those areas. Let us say I am a county manager of a local authority with €72 million in the bank. As of today nothing has changed and I cannot touch that money.

Mr. David Doyle

I am not saying that either. I cannot recall what the envelope is. Previously it was €200 million. When it was €200 million for borrowing, the track record for about ten years was that local authorities were building up money. I have been told it is still €200 million. That is not a hard and fast rule but an objective for the net amount of borrowing or drawdown of cash that local authorities across the system can incur. The Department of the Environment, Heritage and Local Government has discretion within and around that total. If the accumulated cash in local authorities at present was, for example, €1 billion, should they spend all that this year?

I am not saying they should. I do not wish to labour this point but local authorities have entered into contracts for road scheme improvements, to provide community facilities and so forth. They have the money, they have entered into the contracts but they cannot go any further. What is the Department's view of the penalties the local authorities will incur for not meeting the contracts into which they have entered?

Mr. David Doyle

If they have entered contracts, I am not aware that anybody has told them not to execute them. Unless I am seriously mistaken, if they have entered into a contract, they should finish the contract.

That is not the information I have from a couple of local authorities.

Mr. David Doyle

Under our financial procedures, if the authority has entered a contract, it should finish it. If a person has entered into a contract with a local authority, it should go ahead regardless of this limit. What the authority can proceed with within that limit is a matter for negotiation between the local authority and the Department of the Environment, Heritage and Local Government.

The Department of Finance has basically said there is €200 million across the local authorities and that is that, regardless of whether, for example, a local authority has a surplus of €240 million in the bank.

Mr. David Doyle

It is not so much that the Department of Finance has said it but that the budget presented by the Government has set an objective. It is €200 million over the next five years. Assuming that the inflow of development levies and so forth has virtually disappeared, the amount of cash the authorities have will be disbursed over the next couple of years in any event. The €200 million is an objective; it is not set in tablets of stone. If it becomes €250 million in the context of an overall general Government balance of €18 billion, the €50 million, although a significant sum, is not very significant in that overall context. The Department of the Environment, Heritage and Local Government can use its common sense on that.

I will leave it at that. However, I would like to receive clarification in writing after the meeting of the exact position, especially for the local authorities. Mr. Doyle is basically saying that if a local authority has money in the bank, it cannot spend it.

The Deputy says he has information that this is not happening. Perhaps he would exchange that information with the Secretary General.

I will not labour it any further.

I call Deputy Shortall.

I have three short questions.

I must leave. Perhaps Deputy O'Brien would take the Chair.

Deputy Darragh O'Brien took the Chair.

My first question relates to the issue of the necessary skills mix and the combination of administration, management and coalface experience that is required. I understand there is an agreement with the unions that a certain percentage of promotional posts will go to people from outside the public service or at least from outside the Department. What is that figure and has it been reached?

Second, Deputy Broughan earlier referred to the spectacular failure of financial regulation in this country. Mr. Neary walked away with a golden handshake of approximately €630,000 and we are familiar with the arrangement that was reached with Mr. Molloy who got a package of approximately €440,000. In both cases there was an element of political decision with the Minister providing a top-up. With regard to the contracts available to senior people in the public service and what appear to be over-generous severance arrangements for people who leave in circumstances where the job they did was unsatisfactory, does Mr. Doyle believe there is an issue with those contracts and that they should be revisited?

Third, as Deputy Broughan pointed out, what is happening in the banks supersedes everything else that is happening in this country and has major implications for everybody. However, there is much criticism, both political and academic, of the fact that the Government chose not to nationalise the two main banks in the context of the recapitalisation. That is a political policy decision, but I want to ask Mr. Doyle what advice the Department of Finance provided to the Minister in respect of the nationalisation issue.

Mr. Doyle is not able to comment on that area.

I am asking what advice was provided, or not, on that central issue of nationalisation.

Mr. David Doyle

On the question of the skills mix and throwing open more openings across grades to the private sector, that has been of very limited success.

Was it clear that that was agreed in the deal?

Mr. David Doyle

I cannot recall immediately, but I will get the information for the Deputy. I do know that there has been very limited open recruitment across all the grades.

Why is that the case if there was agreement with the unions?

Mr. David Doyle

I will get a detailed note for the Deputy on that in terms of what the agreement was, what the obstacles have been and what the facts are.

Mr. David Doyle

As regards the severance payments that the Deputy mentioned, obviously those issues relate to contractual considerations. I do not want to comment on individual cases but there may also be relationship issues between those people and the boards concerned. In one case there would have been ministerial involvement, as regards FÁS, which is in the public domain. However, the contractual arrangements are the contractual arrangements.

Was there ministerial involvement concerning Mr. Neary's package?

Mr. David Doyle

No.

Therefore, he got the €630,000 on the basis of the contract he had.

Mr. David Doyle

My understanding is that it was the sum total — yes, the contractual arrangements that he had. I am not agreeing with the Deputy on any personal suggestion that there was a failure or incompetence, or that he did not discharge his job. I am just commenting on the generality. My understanding is that there was an outstanding contract period in that particular case and that the departure was in advance of that contract period for what we will call personal reasons. There would have been a process of reflection between Mr. Neary and the relevant board on that contract for an arrangement with the total circumstances. The outcome was what the Deputy is referring to in the paper.

Would Mr. Doyle accept that there is a need to have another look at those kinds of contracts, and that it is unsatisfactory to deal with circumstances like those in the manner in which they have been dealt with? There was a high level of public concern and the individual in question walked off with a very substantial golden handshake.

Mr. David Doyle

I do know that the bulk of that payment is not a golden handshake. It is a pension lump sum. A small part of it was compensation for the unexpired period of the contract, which by any means was not full compensation for the unexpired period of the contract. The pension arrangements are set down under various pension schemes and they are much the same across the public service. The severance arrangements for the termination of contract under whatever arrangements — if there are arrangements negotiated between individuals and legal representatives and the boards — involve a process which goes on in the private sector as well as the public sector. Personally, I would like to think that the normal pension arrangements would apply, but if there are contractual and organisational issues whereby both parties want to achieve something, then negotiations take place.

Does the Department of Finance have an input into those contractual arrangements that are used in the public service?

Mr. David Doyle

It would have where people are funded directly through the tax system. In the FÁS case, the terms and conditions of that post, including the superannuation, are determined by the relevant Minister in consultation with the Minister for Finance, so the severance package would have been finalised under that general regime.

Given the straitened circumstances that we are in now, is there a need for a new regime when it comes to public sector contracts?

Mr. David Doyle

All headings of public expenditure must be evaluated in the context of the situation we are in now, whether they are salary levels or pension arrangements.

Is the Department re-evaluating those arrangements?

Mr. David Doyle

We just had a policy development in recent months on pension contributions and terms. As I recall, the pension arrangements for people who entered the service after a particular date were radically changed in terms of retirement age. There have been no developments, to date, as a policy matter concerning the number of years of pension service one gets re one's pension or the terms of the lump sum. No change has been decided but the question of the long-term evolution of policy on that is a matter that is under review. I do not know whether the Deputy was here earlier when I intimated that the overall cost of pensions now, directly for the tax of public service people — of which there are 100,000 pensioners — is €2.5 billion. The cost is set to grow dramatically because of the ageing profile.

Yes, I appreciate that.

Mr. David Doyle

Therefore, in the context of that burgeoning cost, the parameters around that will have to be re-evaluated.

That is not what I am talking about. I am talking about the special arrangements that are reached with heads of State agencies whereby their salary levels exceed the maximum in the public service — special arrangements like we had at FÁS, with the Financial Regulator and the NRA. The heads of all those State agencies are earning significantly in excess of the maximum rate in the public service or the Civil Service. Is there a need to revisit those contracts and issue new guidelines on them at this stage, given the new circumstances?

Mr. David Doyle

As a factual point, I do not think it is correct to say that the salaries in the cases the Deputy mentioned are significantly ahead of everyone in the Civil Service.

Mr. David Doyle

Well a lot of them.

The standard scale.

Mr. David Doyle

A lot of people.

We must try to move this along.

It is a "Yes" or "No" answer — do they need to be revisited?

Mr. David Doyle

The salary and remuneration arrangements of all these people are reviewed regularly by the review body on higher remuneration, which specifically looks at those posts that are remunerated directly by the Exchequer, so the likes of FÁS, etc.——

There are special arrangements.

Mr. David Doyle

Their salary ranges are reviewed. From time to time, one gets special arrangements, such as Professor Drumm, because of the unique nature of that.

There are a lot of special arrangements. They are getting €300,000 or €400,000.

Mr. David Doyle

They are and those special arrangements are advanced by the organisations, their boards, their Departments and their Ministers.

I just wanted a "Yes" or "No" answer from Mr. Doyle.

I want to move this along. Are we seeking to ensure those types of payments are not made in future and that salary levels are looked at? Is that being reviewed in the Department of Finance?

Mr. David Doyle

The normal pension arrangements are under constant review. In regard to the exceptional severance terms, one would like to think there would be no severance payments under any circumstances but I cannot give a categorical black and white answer on that.

If someone leaves — he or she has absolute entitlement to his or her pension, which is like a property right — and purchases the remainder of his or her contract, which happened in a couple of cases we discussed, should that not be looked at on a performance basis as to whether those moneys should be paid? Should there be a clause in the contract or something like that?

Mr. David Doyle

Yes. We can reflect on that.

Perhaps Mr. Doyle would do that and come back to us.

Mr. David Doyle

To be clear, my understanding of the extra compensation given over and above the normal pension terms did not compensate for buying out the remaining terms of office.

That was made——

Mr. David Doyle

It was a part contribution.

That point is taken.

I refer to advice the Department provided to the Government in respect of not nationalising the two big banks in the context of the recapitalisation. Did it advise on whether they should be nationalised?

I ask the Secretary General to be careful in regard to whether advice was given privately or in the context of policy. I will leave the Secretary General to deal with it. I want to be fair to him. I am sure much advice and many opinions were given in the course of those discussions.

Mr. David Doyle

The formal constriction is that I am not in a position to comment on the merits or otherwise of any policy. However, the Deputy can take it that the Department evaluated all options in regard to the banking situation and the manner in which the Government should deal with it. That would have included a full range of options. Following consideration of that range of options, Government policy decisions are made. I can have a private conversation with the Deputy about the issue.

Fine. I thank Mr. Doyle.

Was advice not given by a consultant on how we should proceed?

Mr. David Doyle

I do not know what Deputy Broughan is talking about.

Mr. Doyle is doing his best to explain that part of it. It is not fair to ask him what type of advice was given. I am sure a range of advice was given and different options——

I wish to make a final point on banking. I refer to the IMF global financial stability report of this month. A specific figure is not indicated for Ireland but we are up there with a number of countries which the IMF believes will have a very large liability. Is that not the case?

Mr. David Doyle

It has a view which has not been accepted no more than it has been accepted in terms of analysis of some other countries. There was a formal disavowal by the UK authorities of the figure which promptly led to a retraction by the IMF of its publication. The figure that appeared at one moment in time on its website was not there the next moment. It is not in its final report. It is a figure with which the Department does not agree.

The report indicates that this is one of several countries where the cost will be above 7% of gross domestic product. It is a significant cost.

I refer to the sale of ACC Bank and the 2007 Vote. There was a large increase in the amount of money spent on expenses from that sale. Was there indemnity involved when ACC Bank was sold to Rabobank? It is one of a number of significant increases in spending. The global issues in regard to banking, pensions and so on are profound and the Department invigilates them for this country. It is striking that there were very significant increases in expenditure in several sections of the Vote over the 2006 figures. I use the expenses in regard to ACC Bank as an example.

Mr. David Doyle

Will the Vice Chairman permit me not to let Deputy Broughan have the last word on the IMF assessment of 7% of output? I do not agree with that figure and I hark back to the point I strove to make earlier, although perhaps inadequately, that most of the costs being spoken about are investments and there are heavy prices going with them. The objective there is to secure and the alternative to not making those investments would have been unthinkable. I will leave it at that.

Perhaps the Secretary General and I can have a cup of coffee in 2014 or 2015 and we will see who was right.

Mr. David Doyle

I hope we are all still standing.

ACC Bank was sold to Rabobank several years ago for a significant enough sum. In the course of the final due diligence on that, I recall there were a number of issues on which it sought indemnity relating to some actions which had been outstanding against ACC Bank. For instance, litigation was taken by approximately 40 plaintiffs against ACC Bank in regard to bad advice on pensions. I do not know what the details were but these were staff people, as I understand.

Will we be hit with other bills for ACC Bank?

Mr. David Doyle

I understand those costs were the last ones. The discharge of the legal case, the indemnity and the cost for ACC Bank was approximately €3.5 million. While there were cases of additional spending like that, overall the Vote came in significantly below budget.

I did not get the opportunity to talk about the Economic and Social Research Institute. I might have been better off going to an astrologer than reading its summer 2008 analysis of the economy. It seemed to me it was writing about a different country than that which I knew. It goes back to the issues of forecasting——

Does the Deputy have a question on it?

Tax and output forecasting are part of one of the major output performance programmes of the Department which, along with financial regulation, this committee must keep under review to see if we are getting value for money for our citizens.

On the Department of Finance accounts for 2007 that were sent to us before the meeting, I ask Mr. Doyle to give me information on three issues. I have another short query after that and if Mr. Doyle does not have the answer, he can forward it to committee.

There is a capital receipt for €1.561 million which is a receipt from FÁS in respect of interest accrued on the deposit for a property purchase which was returned. Who was the purchaser in that case? Was FÁS selling property and did it receive a deposit which accrued that amount of interest and which was ultimately returned or was it the other way around? Mr. Doyle might give the committee the details.

The accounts also mention a figure of €5.448 million as revenue accruing from the auction of allowances from the emissions trading scheme administered by the Environmental Protection Agency under the National Allocation Plan 2004. Is Mr. Doyle able to give details of companies or organisations in the country which paid that €5.448 million to the Exchequer? He may or may not have it with him. If not, he can forward it to the committee.

Will the bank guarantee of 30 September 2008 come under the guaranteed liability section of the Department of Finance accounts or where will it show up in the coming year?

Generally, because of the present restricted financial situation, my understanding is that many major contracts to be signed by public sector bodies such as local authorities that have not already been entered into — not the ones of which the Chairman spoke — must get approval from the Department of Finance almost on a contract-by-contract basis. That being the case, what kind of change is the Department putting in place to handle this? The biggest frustration we as a committee experience, for instance, on the overrun on the Limerick sewerage plan, is that the local authority states the Department of the Environment, Heritage and Local Government approves it and the officials from Mr. Doyle's Department attending the Committee of Public Accounts state it is not their Department's job to micro-manage these contracts, that the Department of Finance sets out the guidelines and it is up to the contracting body to comply with them. The contracting body will then state that it got advice from the Comptroller and Auditor General and thought it was all right.

I would be worried that if in future the contracts of all these Departments and State bodies must go back to the Department of Finance for approval, it will let them off the hook for responsibility in the area. I can envisage them coming back to the committee in two years' time stating that the Department of Finance signed off on or gave approval for a contract. I would be worried, based on what I see at the committee week in week out, that there would be a greater level of Departments passing the buck to the Department of Finance which will state it is their individual responsibility. If there is a change in this area, what is to happen to the responsibility and will line Departments still feel the same level of responsibility even if, ultimately they must get clearance from the Department of Finance which they did not need in the past? They will now look on it differently. Once the Department of Finance signs off on a contract, the line Departments will state that where there are any problems, it was the Department of Finance which signed off on it or gave the go ahead for it. Does Mr. Doyle understand my concern?

Mr. David Doyle

I shall respond to the Deputy's questions in reverse order. On the controls on capital, quite some years ago there would have been detailed project-by-project control which was not assigning responsibility where it appropriately lay — with the initiators. We moved then towards a rolling capital envelope approach where the Government set an overall amount within which responsibility was delegated to Departments to manage that portfolio of funds within the public procurement guidelines. There have been all sorts of issues in that regard in the manner in which contracts were placed. Deputy Fleming will be familiar with the reform of the contract process to try to get more certainty in terms of the fixed-price contract that is in place.

As I intimated earlier, because of the uncertainty in terms of the fiscal parameters over recent months, the delegated authority the Departments had was suspended until the Government came to a final conclusion about the overall capital envelope. That was done on 7 April and my understanding is — I undertook to confirm to the Chairman — that the discretion to Departments to approve capital projects has been restored within that changed envelope. There may be particular projects where one will not get delegated authority, if it is especially enormous and once-off or could have a significant current expenditure tail coming out of it. By and large, however, the process is that there is a capital envelope which is delegated and they manage with that.

On the bank guarantee fees, as I stated it is approximately €500 million a year.

I mean the guarantee. Where will the liability be set out? I accept the Department will get €500 million per annum.

Mr. David Doyle

Is it the liability, the amount guarantee?

Yes. Where will that be in the accounts? Will it be in the guaranteed liability section of the Department of Finance accounts or where will it go?

Mr. David Doyle

It is a good point. We must have a chat with the Comptroller and Auditor General about the best way to record that.

The fees — this is where I started to misinterpret Deputy Fleming's question — associated with that are lodged with the Central Bank and the outstanding balance of €1 billion will be returned to us in 2010. Announcements have been made about extending the guarantee for longer-term funds. That is the stated policy intention and legislation on that will be coming to the House.

On the two points regarding the detail of the €5.5 million and the €1.5 million, while I have general descriptive notes, I would not have the detailed breakdown of the companies which paid the auction results. We will give the committee the detailed notes on that.

Deputy Shortall wants to ask a final brief question and then we will wrap it up.

The information on decentralisation is helpful. I ask Mr. Doyle to provide the committee with the expenditure to date on it, not now but by correspondence.

My question is a short one on this issue of us sharing the pain and the fact that the Judiciary will not be subject to the public service pension levy like the rest of us. Did Mr. Doyle get separate legal advice on that because there is some dispute about the interpretation of the Constitution in that regard and that the Irish version would seem not to give them the kind of protection they are seeking?

Mr. David Doyle

I saw an article in the media from a very eminent constitutional person who expressed an opinion in a particular direction but the legal advice secured by the Government from the Government's legal adviser was of a different nature.

It would help to get outside legal advice on that.

I call on Mr. Buckley to make his final comments.

Mr. John Buckley

I want to touch on two or three matters by way of wrapping up. While the Department obviously comes at the travel and procurement arrangements from the point of view of issuing guidance, circulars, etc., in response to some of the concerns of the Deputies it might assure them that in the course of some upcoming reports we will be reporting on the practice across semi-State bodies on foreign travel and also we will be looking at compliance with circular 40, which is the procurement area.

On the issue of postage for election expenses, obviously, €2 million would seem a very small saving in the context of some of the matters about which we have been speaking. When we wrote this report a year ago, we had no idea. It looked like a big figure at the time and it looked like something significant and important. Nonetheless, anything that brings down the cost of Government needs to be put on the table and considered in the current climate. The Secretary General has assured us that the Department will take a fresh look at this. He is sponsoring that review with other Departments. Any potential saving that can be achieved is worth looking at.

Obviously, it has come out in the discussion that there are two pillars that must guide any discussion. One is that there is an absolute entitlement of electors to receive information, and secondly the level of input cost of An Post, as the Secretary General correctly stated, is likely to be somewhat different from that which would apply for a normal mail shot.

Overall, what we are really saying is that in normal circumstances, arms-length negotiations would take place between the customer and the person supplying the service. In this instance, the Government is acting as the customer, not as the regulator. In 1983, the two roles may have been slightly intermixed. We are of the view that, perhaps the statutory constraint that is in place might be revisited. We know that liberalisation is due to take place in the postal market by 2011. Even if An Post remains the sole supplier of services, there should still be room to examine whether there would be scope for strengthening the State's bargaining power in respect of individual transactions such as those we have been discussing. I will not belabour the point.

I thank Mr. Buckley. On behalf of the committee, I thank Mr. Doyle and the officials from the Department of Finance for answering our questions. The committee secretariat will be writing to Mr. Doyle outlining the additional information we require and we look forward to receiving it.

Are we going to discuss the other Votes?

Would it be possible to obtain details on the cost of pensions?

We should certainly not approve Vote 6. I am opposed to its being approved.

I spoke to the Chairman in respect of this matter. We sought information relating to the tax relief on pensions on a previous occasion from Revenue. We passed the Vote relating to Revenue but that will not stop us obtaining the details we require. Our discussions during this meeting have been quite extensive and the officials from the Department of Finance have answered questions to the best of their ability.

I am utterly opposed to approving Vote 6.

We do not want this to be the first occasion on which the committee might oppose a Vote. I would rather not defer our approval of the Vote until the details to which I refer are received.

The output reports are related to this Vote, but we have not received satisfactory answers in respect of a number of issues associated with them.

To which matters is the Deputy referring?

I am of the view that the committee should discuss this Vote on another occasion.

In respect of which matters does Deputy Broughan feel he did not obtain satisfactory replies?

I did not receive satisfactory responses in respect of the output reports, which were on the agenda and which I had understood to be part of the administration under Vote 6.

I have been present for most of the meeting and I did not hear anyone voice any particular difficulties with regard to the output reports. We already put questions to Revenue in respect of pensions. The latter is probably closer than the Department of Finance to identifying a cost in respect of this matter.

On the issue of pensions and tax relief, I and other members have received correspondence from Revenue which is not sufficient. I do not wish to repeat myself but the committee wants to get a handle on this matter. We could hold the Vote over but it could be a matter of weeks before we receive the information we requested. Do we want to hold the Vote over until then?

I would also like to discuss the matters in the output statements which are related to the administration.

In view of the fact that there is disagreement among members, perhaps we might defer our decision until next week's meeting. We can discuss the matter in private session at that stage.

I have no objection to the Deputy's suggestion.

I would be happy for us to dispose of the other Votes.

We will defer a decision on Vote 6 until the private session of next week's meeting.

It may be some time before the information we have requested is provided.

That is what I said.

It may be more than a matter of weeks. Revenue and the Department of Finance would have provided the information if it had been readily available. I accept that there is an issue outstanding and that we must deal with it. However, we may be obliged to wait a long time before we obtain the information we have sought.

It is a matter for the committee to decide whether to adopt the Votes and, in my opinion, it would be best if we discussed that matter in private session, particularly if there is disagreement among members.

We can defer our deliberations on Vote 6 until next week. We do not always receive everything we request on a given day but, to be fair, the officials from the Department have done their best to answer the questions they were asked. As always, there will be information required by members which will have to be supplied at a later date.

We are at the beginning of a process of considering how fundamental aspects of our system of government were administered. Our constituents — of whom there are 4.25 million — expect us to ask questions of the type I wish to pose.

We all ask questions on behalf of all the citizens of the country. If the Deputy is stating that we are at the beginning of a process as a result of what occurred in respect of Vote 6——

We are beginning a process as a result of what happened in 2006 and 2007 and on foot of the profound dissatisfaction regarding aspects of administration in this country. I will accept the proposal to defer a decision on Vote 6 until the matter is discussed by the full membership of the committee.

We will defer a decision on Vote 6 until we have an opportunity to discuss the matter during the private session at next week's meeting. Is it agreed that the committee should note Votes 1, 7 and 12 and dispose of chapters 1.1 and 2.1? Agreed.

Our agenda for the next meeting relates to the Department of Health and Children and the Health Service Executive. At that meeting we will be discussing the following: Vote 39 — Health and Children; Vote 40 — Health Service Executive; chapter 13.1 — Irish Blindcraft; chapter 14.1 — Change Management in the HSE; chapter 14.2 — Budget Management; and the HSE's financial statement for 2007.

The witnesses withdrew.

The committee adjourned at 2 p.m. until 10 a.m. on Thursday, 7 May 2009.
Barr
Roinn