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Dáil Éireann díospóireacht -
Thursday, 13 Feb 1958

Vol. 165 No. 2

State Guarantees Act, 1954 (Amendment of Schedule) Order, 1958: Approval of Order in Draft (Resumed).

Debate resumed on the following motion:—
That Dáil Éireann approves the following Order in draft:
State Guarantees Act, 1954 (Amendment of Schedule) Order, 1958,
a copy of which Order in draft has been laid before the House.
—(Minister for Industry and Commerce).

Yesterday the discussion on this motion took a distinctly Party line and I was unable to resist the temptation to follow it, but, in the calmer atmosphere of this morning, it is not possible for me to continue on that course. I do not know that it matters a great deal who is entitled to claim the major part of the credit for the successful development of the valuable mineral deposits at Avoca. As far as I am concerned, what is happening there now is a vindication of a decision which I was responsible for having had taken ten years ago, when the whole process of exploration and development was begun. The important thing is to ensure that the valuable national assets which these deposits represent are developed as satisfactorily as is possible.

When this matter was being debated in the Dáil in 1956, the circumstances were very different from what they are now. Deputies Sweetman and Norton referred to that debate during the course of their remarks here yesterday and their references did not suggest that they had recently referred to the Dáil record of it. It might be useful for Deputies who are interested in that aspect of this question to go back over that debate. If we had been able then to foresee the future—on the one hand, the very substantial fall in the world price of copper which has since taken place and, on the other hand, the unexpected difficulty of the Canadian interests to whom the mines have been leased in raising the funds needed to complete the development—probably everyone who took part in the discussion would have taken a somewhat different line.

In 1956, on the basis of the then price of copper, it was obvious that not merely were the Avoca deposits a very attractive commercial proposition but that those who undertook their development were likely to make very substantial profits. I certainly have no objection to people who invest their money in Irish resources making profits, even substantial profits; on the contrary, a few very successful enterprises of that kind would help to attract interest in other development possibilities within the country.

It is still true to say, however, that these mines represent an attractive investment, even though the present world price of copper is such as to create a situation in which there are probably few, if any, copper mines in the world making profits. Nevertheless, the long-term indications are that the price of copper must recover. In that connection, I may say that we have had access to the opinions of international experts of the highest order.

They indicated that the price of copper over the next ten to 20 years is likely to average out at a price considerably higher than that now prevailing and certainly at a level which will put the Avoca enterprise in a position to work profitably.

The trouble is that the price of copper is now at an exceptionally low level. That, of course, has not yet affected the plans for Avoca development. The mine is not in production and it will not be in production until July next and it will be the price prevailing in July that will settle the policy of the company to whom the mine has been leased. It is sincerely to be hoped that the price of copper will have recovered by then, at least to a point at which it will be possible to operate the mine without loss. I should think there is a fair prospect that it will but it is not a subject upon which it is wise to attempt prophecy. What the situation may be if the price of copper remains at the present low level, or if it should fall lower, I could not forecast.

Deputy Sweetman said that I had the opportunity of revising the terms of the lease given to the Canadian company. That is not correct. During the recent election campaign there was a statement made that a change of Government would involve the closing down of the mines. I thought that was an injudicious statement to make but because it was made I took the course, with the consent of my Party, of making a statement at Wicklow that the terms of this lease to the Canadian interests would be honoured in the spirit and in the letter, and I repeated that assurance to the representatives of the company subsequently. There has of course been some necessary modification of the conditions consequent on the negotiation of this loan which the Government is now proposing to guarantee but, fundamentally, the lease remains unaltered.

I have always disliked seeing enterprises of national value such as this being made the shuttlecocks of Party politics. I do not think it does the country or the enterprises any good. So far as this enterprise is concerned, however, the mines have been leased to these Canadian interests, the terms of the lease have been settled and everything will proceed, so far as I am concerned, in accordance with the arrangements already made. I said here during the course of a discussion in the Dáil a couple of years ago that while I had some personal disposition in favour of the development of these mines by Mianraí Teoranta, the State company responsible for the initial development programme, I recognised that it was extremely unlikely that any State company could be in a position to develop the mines on the scale which the Canadian interests have planned. I want to say also that the various reports regarding the mine which have reached me have all testified to the skill with which the work of development was planned and is being carried out there.

It is no doubt appreciated by Deputies that the planning of the method by which a large deposit of that kind can most usefully be exploited is a highly technical matter and a mistaken plan could add a great deal to the cost of the extraction of the ore. It is clear that the method devised for the working of the Avoca ore is the result of highly competent work and all the external experts who investigated it have paid very high tribute to it. There is every reason therefore to think that if the price of copper averages out at the level which is anticipated by the experts who are qualified to make forecasts in that respect, Avoca will be a very profitable undertaking.

The copper price at which they hope to break even is quite low, much lower than that reported to operate at very many of the copper mines of the world. The loan is for a period of 12 years but the first repayment of the principal is not due until 1960. I mentioned yesterday that the proven volume of mineralised rock at Avoca would enable work to be continued there for 12 years on the basis of the scale of operations planned by the company.

Is that in the eastern part?

No, western. There is, however, very good reason to think that the ore body is substantially larger than has been proven and I believe that exploration work in the locality has justified expectations that a still larger volume of ore is there to be exploited. In any event it is open to the company to plan its work there upon the scale that it thinks is justified by commercial considerations and by the resources available to it. In consideration of the guarantee of a loan the Government is receiving a first charge on the assets of the company, present and future. There was a prior charge in favour of Irish Copper Mines Incorporated, the Canadian company which is the parent of the St. Patrick's company. Part of the money which was put into the development of the mine was invested in the form of equity shares, and part in the form of a loan to the St. Patrick's company. Under the terms of the guaranteed agreement the loan charge in favour of Irish Copper Mines Incorporated will be transferred into ordinary shares and if, of course, the company default upon their repayment obligations then these ordinary shares will pass to the Government here.

The ordinary shares will pass to the Government?

You have a mortgage on the whole assets in respect of the loan, but surely not the ordinary shares?

The arrangement which has been made involves that if the company is unable to meet its obligations the equity shares will pass to the Minister for Industry and Commerce.

All of them?

Is that the existing equity shares?

All the equity shares. I do not contemplate that situation arising. As I mentioned, when introducing this motion, it would be far better from my point of view that this development in Avoca should proceed as already planned, and that there be no alteration in ownership, or that no change in these plans should arise. However, it is necessary that Dáil Éireann should know, in the event of default on the obligations, that the ownership of the mines will accrue to the Government. As I pointed out, it will mean at the worst that we will obtain in return for guaranteeing borrowing to the extent of £1,300,000 an undertaking upon which £3,500,000 will have been spent.

Do I understand the Minister is not visualising this as a contingency but as part of the agreement?

I do not quite get the point. We have an agreement with the company that that transfer will be made in that eventuality.

This is put into the agreement as a business arrangement rather than as a fear or expected contingency?

Yes. It is merely safeguarding the State against a contingency which we hope will never arise. Deputy Sweetman queried the figure I gave of £3,500,000 as representing the total amount required to bring the mine into production. He said that in his mind was the figure of £1,000,000 for the development of the deposit, and £750,000 for the construction of the concentration plant. These figures represented the minimum amounts stated in the lease as the obligation of St. Patrick's Copper Mines. They undertook to expend these amounts for those purposes as a minimum. In fact the Department of Industry and Commerce never were informed of what the actual anticipated expenditure was likely to be, and it is only now that these figures can be precisely stated.

Deputy Norton referred to the possibility of erecting a smelter at some stage. That is a matter in which I have a personal interest. I discussed it with representatives of the company shortly after they started operations and had an opportunity of examining possibilities in that regard. It was obvious, as stated by Deputy Russell, that the output of the Avoca mines would not be at all sufficient to supply the requirements of a smelter of economic size. There was the possibility of a customs smelter being provided to handle the output from Avoca and ore from other sources but, with the substantial fall in copper prices, it is unlikely we could interest any group in the erection of a smelter at the present time.

The capital investment in a smelter would be very considerably larger than the investment in the Avoca mines itself. It is unlikely that any new investment in smelters will take place in any part of the copper world until the market position has recovered. It is something we would very much like to see though, and I personally will be always receptive of any proposals which would involve development of that kind. The economics of the Avoca mine are based on copper. The ore yields an average of 1.2 per cent. of copper and it is on the price of that copper that the economics of the mine rest. There is in the ore also a larger percentage of pyrites. Deputy Norton may have misunderstood the position because he spoke of pyrites as a separate deposit. That is not correct. In the process of treating the ore both copper and pyrites are secured, and one of the problems facing the company is to secure a market for that pyrites. It is assumed that when a market can be obtained the economics of the mine will improve.

It was suggested that the aid given to St. Patrick's Copper Mines by this State guarantee of borrowings should be available to other mining undertakings. There is no proposal of a similar character at present before the Department. It is quite clear if such a proposal were made at any time in the future it would have to be considered on its individual merits. The practice of giving State guarantees for loans raised for industrial purposes has been maintained under the Trade Loans (Guarantee) Acts for many years. I have certain views as to the future of that legislation and perhaps, in the course of the year some proposals may be made to the Dáil. It would be clear the Trade Loans (Guarantee) Acts would not be an appropriate instrument to use where borrowings on this scale are involved. Under the limits fixed by the Act the aggregate total for all the loans guaranteed would be exceeded.

In the case of other mining undertakings it is always open to them to utilise the machinery of that Act, or whatever may replace that machinery in the future, but if very substantial borrowings, such as are involved here were necessary, very careful consideration would have to be given to it in the first instance and, secondly, the procedure of the Loans (Guarantee) Acts would not be appropriate. The money which has actually been made available to the company has been procured from private sources. It might be said, therefore, there is no problem as far as the Government is concerned in finding it but in practice, as we know, the pool of capital available for all purposes in the country is limited and to the extent that money is being made available for this purpose, even though it comes from private sources, the total availability for all purposes is diminished. Nevertheless, having regard to the importance of this undertaking, the employment it gives and its export potential, the utilisation of these resources for that purpose is fully justified. I think that view has been accepted by all the members who spoke, even though they had some controversial remarks to surround their indications of approval. That is useful because it will be an assurance to the people concerned here that, whatever may have happened in the past, they are going ahead with their enterprise now in the knowledge that they have Government support given to them with the full approval of this House.

I am a little puzzled by the arrangement whereunder the security for the guarantee takes the unusual form of a transfer of the equity in the event of the company defaulting on its loan. Would not the ordinary procedure be that the Government as the guarantor would take a full mortgage on the assets of the company, because if the guarantee is that the company shall transfer its equity to the Government, they might transfer with their equity immense liabilities? Suppose the company entered into huge liabilities quite apart from this guaranteed loan and then defaulted on the loan and transferred its equity to the Government, would the Government not become heir to their liabilities as distinct from the position in which the Government would be, as it were, the mortgagee of the assets of the company?

The Deputy will appreciate my interest was to secure that in the event of circumstances arising which made it impossible for St. Patrick's Copper Mines to carry on the undertaking, the Government would be in a position to have it carried on and not merely in the position of having to put it up for auction in the hope of recovering the amount of the guarantee.

Perhaps it is unusual. I explained yesterday that the company had negotiated for the amount they required with a Canadian issuing house on terms which I thought onerous, so onerous that I was not prepared to contemplate a Government guarantee attaching to them. When the matter was being discussed here, it became obvious that the money could be secured on somewhat better terms. In other respects the agreement between the lender here and St. Patrick's Copper Mines is similar to that which they themselves have negotiated with the Canadian issuing house.

Is it to Irish Copper Mines or the parent company that the guaranteed loan is made?

St. Patrick's Copper Mines, Limited.

That does not give the parent company the right to abrogate any agreement?

The parent company had loaned £1,500,000 to St. Patrick's Copper Mines. That is being converted into ordinary shares of St. Patrick's Copper Mines. We have first charge on the assets of St. Patrick's Copper Mines.

Question put and agreed to.
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