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Dáil Éireann díospóireacht -
Tuesday, 17 Dec 1991

Private Member's Business. - Carysfort College: Motion.

I move:

That Dáil Éireann condemns the failure of the Taoiseach to provide full and candid information in relation to the purchase of Carysfort College by UCD, a transaction which secured a profit of £1.5 million for a private individual at the expense of the taxpayer; in particular, Dáil Éireann condemns the Taoiseach for:

failing to ensure an "arm's length" and independent position in relation to his part in the transaction, particularly having regard to his relationship with the vendor;

holding secret meetings with key persons involved in the transactions;

failing to ensure that the transaction was accompanied by proper independent valuations;

failing to follow proper procedures in relation to the provisions of the Higher Education Authority Act, 1971;

failing to ensure that proper Cabinet procedures were followed in respect of the transaction;

failing to ensure that the reservations of the Department of Finance were properly addressed in Cabinet;

agreeing in anultra vires manner to an on-going commitment of public funds to the detriment of students attending colleges in the HEA sector;

demands that the Taoiseach clarify the contradictions inherent in his position, and finally make a frank statement on his role and influence in the transaction.

I should say at this stage that we accept the Fine Gael amendment.

This motion will be voted on tomorrow night. Tomorrow, ironically, is the first anniversary of the Supplementary Estimate which enabled UCD to hand Mr. Pino Harris a large profit on Carysfort just a few months after he had bought it. In that debate a year ago the Minister for Education misled the Dáil. Throughout the year which has ensued that deception has continued. In the face of emerging facts day after day the Government, and especially the Taoiseach, have relied on tortured semantics to deny any involvement in that infamous and improper transaction.

In Waterford last Friday night the Taoiseach expressed a sensitivity to criticism for taking short-cuts. Again last night, this time in Galway, he referred to a campaign of vilification being waged against him. Let me say this about those two remarks of the Taoiseach: first, there is nothing intrinsically wrong with short-cuts provided they are legal, open and above board. The end, however, never justifies the means. This is the kernel of the Carysfort scandal. Second, if the Taoiseach really believes that he is going to deflect the Opposition from doing their necessary work of challenging and probing, of refusing to be deflected from legitimate criticism, of demanding answers to questions by his personalised abuse he has another think coming. We will continue to demand answers until we get them. We will continue to lay political charges where and when appropriate. We will continue to accuse until we are satisfied that the elected Government of the State are accountable and responsible for their actions.

The people are entitled to and have demanded an absolute assurance that things will be done in the proper manner in Ireland. If a speculator makes a profit — there is nothing wrong with that — it must be a profit made because he took a business risk and not because he had the right connections to guarantee him that everything would be all right.

Right across the House there was and is unanimity on the desirability of a worthwhile educational use for Carysfort College. There will be many who will question whether or not the investment made in Carysfort is of real worth, especially in the face of all the priorities which face us in terms of educational needs but in common with everyone else I welcome as I welcomed last December the decision to keep Carysfort alive. I do not welcome and I was alone in the House last December in refusing to welcome the scandalous way in which it was done. Here I must part company with a senior trade union official who, in a discussion on radio last Saturday, said there was no scandal in Carysfort. He was fundamentally and totally wrong. Not only was the manner of the acquisition scandalous but it was the most serious of all the scandals we have had to deal with so far because of the direct links between the commercial transaction and politics at the highest level.

As will become clear later in this speech I am satisfied that, to the best of my knowledge, on 11 October last Mr. Laurence Crowley, who was detailed to undertake negotiations on behalf of UCD, or someone acting on his behalf, made a firm offer to Mr. Harris's estate agent of £7 million to buy Carysfort for the Graduate Business School. This was the day after the first of Mr. Crowley's secret meetings with the Taoiseach on the matter. The offer was rejected.

The principle of whether or not Carysfort should be kept in education is not the issue that we are here tonight to debate. The issue is whether or not the Taoiseach is in serious dereliction of the trust placed in him by the electorate as the prime custodian of the public purse and if he contrived and assisted in a transaction which resulted in a very considerable financial killing for someone whom he described in the House last week as not being a political friend of his.

On this issue the traditions of the House say that we must accept his word. If the Taoiseach is prepared to tell the House that he does not know Mr. Pino Harris the traditions of this House say that we must accept his word. If the Taoiseach is prepared to tell the House that Mr. Harris never supplied trucks for Fianna Fáil election campaigns then, again, the traditions of this House say that we must accept his word. If the Taoiseach is prepared to tell the House that Mr. Harris never participated in the organisation of Fianna Fáil election campaigns then the traditions of this House say that we must accept his word. If the Taoiseach is prepared to tell the House that Mr. Harris never contributed, financially or otherwise, to the Fianna Fáil Party either at national level, local level or directly to individuals then the traditions of this House say that we must accept his word.

I challenge the Taoiseach to do this, to tell the House in absolutely unequivocal terms whether he knows Mr. Pino Harris, whether Mr. Harris supplied trucks for Fianna Fáil election campaigns, whether Mr. Harris ever participated in the organisation of Fianna Fáil election campaigns and whether he ever contributed, financially or otherwise, to Fianna Fáil either at national level, local level or directly to individuals.

If the Taoiseach's answer to all these questions is no then, as I have said, the traditions of this House say that we must accept his word. If the answer is yes to any or all of these questions the Taoiseach has a heavy duty and responsibility to this House to make a full and frank statement in that regard. If he chooses not to do this then we in this House must draw our own conclusions but, more importantly, the electorate who have all but lost faith in the political-business system must also draw their own conclusions.

The Taoiseach's involvement in the transaction is one of the fundamental elements. All of the rules of Government, written and unwritten, say clearly that his obligation in respect of any transaction in which he has an interest, however remote, is to maintain an arm's length position. The degree to which he broke those rules must be clear.

I wish to quote from the UCD governing body minutes of 19 December 1990, the day after the Supplementary Estimate of £9.7 million was approved by the Dáil and before the Taoiseach's telephone call to Dr. Masterson on 21 December. The President of UCD told the governing body:

When the Carysfort property became available its purchase as a site for the Graduate School of Business and other post graduate activities was considered but found to be beyond the resources of the College. Discussions ensued with the Minister for Education and the Taoiseach who were keen to promote the College's Plans for Graduate Business Studies and to retain the Carysfort property in the Higher Education Sector particularly in view of the increasing demand for higher education. The result of the discussions was that the College is now enabled to purchase the Carysfort property and has some resources to adapt and equip it.

Significantly, the minutes made no reference to the State subvention towards the running costs but they state that the president's updating statement was welcomed by the governing body and he was authorised to complete the negotiation as outlined.

The Minister for Education stated on 28 September last that she was unaware that truck dealer, Pino Harris, was the man who sold Carysfort College to UCD last December. She said:

Who the vendor was or was not was not of any interest to me. UCD were coming to me with a proposal which they were doing through the Estate Agent.

The imagination of tooth fairies.

Bearing in mind that Mr. Harris's estate agent, Mr. Fintan Gunne, wrote to the chairman of the Smurfit business school, Mr. Laurence Crowley, on 12 July 1990 in relation to the possible sale of Carysfort and the fact that the Taoiseach had two separate secret meetings with Mr. Crowley on 11 October and 3 December 1990 in relation to the proposed purchase of Carysfort College, is it reasonable to assume that the Taoiseach was unaware of the identity of the vendor or if, indeed, he did not know the identity of the vendor even prior to the approach in July by Mr. Harris's estate agent? Let us not forget that by the Taoiseach's own assertion, Mr. Harris is not his political friend. Perhaps he was told the name of the vendor but it meant nothing to him.

In answer to a Dáil question which I put down on 12 February 1991, the former Minister for Education, Deputy O'Rourke, stated:

Any decision to purchase Carysfort and the allocation of funds for the purpose are matters solely for Government. Naturally, I kept the Government fully informed of developments regarding Carysfort at all stages leading eventually to the decision to provide funds to UCD towards the purchase of Carysfort.

What a pity the Taoiseach did not choose to follow the same course. Not alone did he not inform the Government of the meetings he had with the chairman of the Smurfit business school, by her own admission, he did not inform the Minister for Education. Were his actions a vote of no confidence in Deputy O'Rourke's ability or is there a more sinister explanation?

Another matter which is far from clear is when exactly the Minister for Finance and the Minister for Education became aware of the telephone call to Dr. Masterson on 21 December 1990 and of the pledge the Taoiseach made to provide an annual subvention of about £1 million for the running costs of the Smurfit business school. The Taoiseach said that he was not involved in the transaction, which presumably means he was not directly involved in the negotiation of the sale price. In response to that it must be said that although the conductor does not play in the orchestra he certainly directs the music. Indeed, the Taoiseach, as conductor of the Carysfort transaction, concealed the fact from the various units of the Orchestra that he was separately conducting the others.

One question that should not be lost sight of is when exactly did this Carysfort season start and when were the various players encouraged or manoeuvred into place? For instance, did it start in the spring or early summer of 1990 and was the first player the eventual vendor? Were there other players at that time who departed the scene during the summer? There are many elements which need to be clarified if this House and the people are to know that which they have a right to know; what really happened?

In October 1989 Davmac Developments bought the college and 90 acres from the Sisters of Mercy for approximately £19 million. This deal was to be concluded by October 1990, 12 months later. In February 1990 Davmac announced that the building and 20 acres were for sale. It has been reported that a professional valuation at this stage put the value of the property at about £3 million. The property was offered to the Department of Education by Davmac on 28 February 1990 for £8.25 million but the Department were not interested. It was not until May 1990 that Mr. Harris emerged as the new owner, and reports suggest that he acquired the property for £6.5 million. That seems an extremely high price bearing in mind the apparent lack of interest in it and Mr. Harris's renowned ability as a brilliant dealer.

It would appear, on the basis of some reports, that Mr. Harris concluded the purchase with Davmac on 26 July 1990. However, it has also been reported that the sale was concluded with the Sisters of Mercy and not with Davmac. We know that on the next day, 27 July 1990, the Sisters of Mercy paid £1.75 million on foot of an agreed settlement covering past State investment in the buildings. If the deal was concluded between Mr. Harris and the Sisters of Mercy this raises a series of important questions. Who were Davmac? Did they ever pay more than a deposit? Was the contract they entered into with the nuns ever honoured? Did Davmac agree voluntarily or for some inducement to stand aside from the contract? Was it true, as has been alleged by some sources, that the Sisters were under pressure to raise money because of the financial position of the Mater Hospital, including the loss making Mater Private?

In September this year the Minister for Education, Deputy O'Rourke, said that she understood that Carysfort had been sold for £8 million in May 1990 and was sold at a loss to Mr. Harris for £6.5 million shortly afterwards. If this is true it raises further serious question, not the least of which is the tax status of the whole series of transactions, bearing in mind the profits and losses involved in such figures. In any event it has now emerged that the maximum price paid by Mr. Harris was £6.25 million. Clearly the events that occurred in the period immediately prior to the purchase in the mysterious month of May 1990 raise unanswered questions which are beyond the direct jurisdiction of the Oireachtas but which must still be answered.

There was speculation that Mr. Harris was involved in negotiations with an education interest who believed that Carysfort could be turned into a multipurpose educational institution. The alleged intention was that leases would be given to organisations to run language courses, management training and third level courses for Irish and overseas students and for other activities. The facilities such as library, restaurant and other facilities would be shared. However, there is little if any evidence that Mr. Harris ever intended embarking on such an adventure. Information available to me suggests that a written proposal regarding a private third level institution was sent to Gunnes, estate agents for Mr. Harris, after he had signed the contract to buy the property. Notwithstanding this proposal, Mr. Harris had the property back on the open market by early July, more than a fortnight before he completed buying it and well in advance of the totally unexpected Gulf crisis which dramatically changed the economic outlook for the worse. The question must be asked: what was the real strategy of the brilliant dealer from Phibsboro' who is not a political friend of the Taoiseach?

The President of UCD in his statement of 8 October 1991 made the following observations in relation to the UCD Graduate Business School:

By April-May 1990, as detailed costings emerged, it became clear that the cost of the proposed new building was going to be a serious problem. Measures were being considered to try to make substantial cuts to the plan to stay within the £5 million budget. In the scaled down version many key facilities envisaged in the schools development plans could not be provided.

However, the minutes of the building committee of UCD of Tuesday, 19 June 1990 state in relation to the Graduate Business School:

Mr. Brennan reported that design work is in progress. Construction is expected to commence in February 1991 with completion scheduled for September 1992. Accommodation for the MBS, DBS and CEEPA courses is being prepared for occupation in September 1990.

On 26 June the report and recommendation of the building committee were approved by the governing body. There is no reference in the governing body or building committee documentation prior to the summer break that the cost over-run was in any way considered a reason for relocating the school and the buildings committee did not meet again until 16 October and the governing body did not meet again until a week later on 23 October.

The present Minister for Education, Deputy Davern, stated in answer to parliamentary questions on 3 December 1991 that.

As the President of UCD noted in his recent statement, the situation changed in 1990 when problems arose regarding the development of the business school in the Roebuck Castle site. The possibility thus presented itself for the first time that the Government's policy on expanding third level places and UCD's development plans for its business schools could coincide.

On 6 March 1990, the building committee of UCD were informed by the President that the architect's sketch plans for the new buildings had been approved by the project planning group and the major sponsor. He said the requirements of the brief, including the executive education centre, can be met within the turnkey budget of £5,000,000. The bursar informed the 13 March meeting of the governing body of UCD that:

The borrowing element of £2 million would be a charge on the school and, hopefully, would be reduced through fund-raising efforts by the school. Every financial possibility would be examined.

It appears that neither the building committee nor the governing body met in April.

We are back again to the mysterious month of May. At the building committee meeting on 8 May it was reported:

Progress is being made with the design work. Cost of implementing the overall plan on the basis of the brief is estimated at £7,100,000. It is intended, as a first stage, to build as much as possible of the accommodation in the brief without exceeding the £5,000,000.

The question arises: how widely was it known that there was a cost over-run and how long before 8 May was that information in circulation. It was surely known by the project planning group and by the major sponsor. Was it known to the Department of Education, the Taoiseach and Mr. Pino Harris?

The Department of Education had received an offer for sale on behalf of the new owners — Davmac — on 28 February 1990 of the Carysfort premises and 20 acres of land for £8.25 million and, indeed, the matter of Carysfort College was the subject of an Adjournment Debate on 17 May 1990. The Government were well aware that the college was on the market and, indeed, a detailed study was made by officers of the Department of Education. Obviously, the Minister for Education had no knowledge of Mr. Harris's interest or involvement in the Carysfort College purchase in May 1990. I challenge the Taoiseach in this House to state if the situation was the same in his case.

In early July, Mr. Harris was certainly trying to dispose of Carysfort College and 20 acres. Mr. Harris's estate agent wrote to Mr. Laurence Crowley, executive chairman of the Smurfit Business School on 12 July 1991, with regard to a possible purchase of Carysfort College. Things started to happen from there. The first visit to Carysfort by the UCD building officer and the Dean of Commerce and representatives of the academic staff took place in late July. They were impressed with the property. The entire Faculty of Commerce visited Carysfort College on 1 August. It appears that the faculty as a whole wished to retain an integrated undergraduate facility on the campus at Belfield. Therefore, the only possible element of the faculty that could be moved was the graduate business school, as a stand-alone entity.

Early in September, the then Minister for Education, Deputy O'Rourke, contacted UCD by telephone to discuss Carysfort, resulting in a meeting between the Minister for Education and the acting president of the college, Professor John Kelly, on 11 September. It has yet to be established what exactly gave rise to that approach at that time.

There was a special meeting of the Commerce Faculty on 16 September 1990 with the President and, again, the view emerged that if Carysfort was acquired, only the graduate business school should move there and not the whole faculty.

On 26 September, there was a meeting between the Minister, the UCD Registrar, the college secretary, the Dean of the Commerce Faculty and Mr. Laurence Crowley, executive chairman of the business school.

On 3 October, there was a further meeting between the Minister for Education, the registrar and Professor John Kelly. The following day, 4 October, the college approached B.P. Gunne Limited, estate agents, of Ballsbridge, indicating an interest in purchasing the college. Mr. Laurence Crowley, executive chairman of the Smurfit Business School, was detailed to undertake negotiations on behalf of UCD. The Taoiseach had the first secret meeting with Mr. Laurence Crowley on 11 October and the following day the college made an offer to the value of £7 million. The offer was rejected and there was no contact between the college and the estate agent for about six weeks.

On 16 October, the possibility of UCD buying Carysfort on the Government's suggestion was put to the buildings committee for the first time. This was reported to the Governing Body on 23 October and approval was given for the continuation of discussions.

On 25 November Mr. Crowley met Mr. Gunne and a purchase price of £8 million was agreed, subject to the approval of the Minister for Education. Very serious questions must be asked about the rigours of the college's negotiations in relation to agreeing the price of £8 million. There was no independent professional valuation and, whereas the "competent college experts" found that if the same area as Carysfort were to be provided on campus, it would cost in excess of £20 million. This does not take market forces into consideration. Carysfort College is restricted to an educational use and there was no other known prospective buyer. The fact that the agreed price in November, when the property market was in decline, was £1.5 million dearer than the July pice, demonstrates very weak powers of negotiation on the part of the college. The question must also be asked, was Mr. Harris advised to hold out for £8 million and that the State would pay? If he had been so advised, who had advised him?

The Minister for Education met with the registrar, the Secretary and the Dean of the commerce faculty on 27 November and a formal written proposal was made by the secretary of UCD on 29 November 1990 to the Minister.

On 3 December the Taoiseach had his second secret meeting with Mr. Crowley. A Cabinet decision was made the following day, 4 December, and the Department of Finance were consulted for the first time on that day. The Taoiseach used a divide and conquer strategy to iron out the various disharmony which arose along the way, so that the whole orchestra played in unison, if not altogether happily, on the night — or should I say on the day?

There is one Member of the House who has a very vital role to play in terms of full and frank disclosure in relation to the whole sad episode and that is the former Minister for Finance, Deputy Albert Reynolds. He owes it to the House, to democracy and to his country to make available all information and documentation in his possession. If he feels bound by Cabinet confidentiality he should make the information available to the Committee of Public Accounts.

The deafening silence until very recent days of the Progressive Democrats in relation to the Carysfort College scandal is to be condemned. They have been sitting on their hands, while the Taoiseach has been repairing the mould that they promised to break in 1986.

It is particularly regrettable, and it tells a great deal about this Government, that a Progressive Democrat spokesman, who is not even a Member of this House let alone a member of the Cabinet, could announce last Saturday week on the national airwaves that there was no Cabinet memorandum in relation to this transaction. So much for Cabinet confidentiality.

But what, at the end of the day, was the price of this transaction orchestrated by the Taoiseach? UCD were manipulated, the Smurfit Business School were manipulated, the Department of Education were manipulated, the Department of Finance were overruled, the Higher Education Authority were illegally sidelined and a totallyultra vires commitment was given by the Taoiseach to the President of UCD.

Ironically, in the Estimates published this afternoon, enough money has been provided to enable ongoing funding for Carysfort, despite the reservations of the Progressive Democrats. This funding is being paid for through the use of a range of cheeseparing cutbacks in other vulnerable areas throughout the Education Estimate. For example, child care assistance in national schools for the handicapped will be cut while youth services and sporting organisations will help to pay the bill for Carysfort as well. But, finally, it was the taxpayer who paid to the tune of £9.7 million, and one individual was enriched at the taxpayers' expense.

In October the president of UCD denied that his decision was based on pressure. I hesitate to quote the dictionary to the president of a university, but the dictionary definition of pressure is "a compelling influence or force." In our political system, the Government, as paymaster, are an extremely compelling influence or force. To quote a member of Dr. Masterson's own staff: "You might blame Haughey for giving it to us — but you can not blame us for taking it."

We do more than blame the Taoiseach, we condemn the Taoiseach. We believe he stands condemned for all his actions in relation to Carysfort. We demand a full and frank disclosure to this House. It would be the first we ever got since this controversy began.

Before concluding, I want to say a word about the Government amendment — or perhaps it would be more accurate to describe it as the Pat Cox amendment. It is clearly, and unequivocally, a copout; a device aimed at helping the Progressive Democrats to win yet another struggle with their collective consciences.

Will Mr. Harris give evidence to the Committee of Public Accounts? Will the Taoiseach, or the Minister for Education or Mr. Crowley give evidence to that committee? Will the committee be in a position to untangle the chain of transactions involved and identify the different selling and purchase prices? Can they summon the Revenue Commissioners to find out the tax paid on profits? Will they ever be able to identify the ultimate beneficiary or beneficiaries? Unless they can do all these things — and the Progressive Democrats know they cannot — the report of the committee will ultimately be of limited value. The leader of the Progressive Democrats has spent the past couple of days defending the rights of inspectors appointed by him to investigate other scandals and demanding results from those inspectors. Why is he content with this hollow and meaningless amendment? Why is he not insisting on a similar style of examination of Carysfort as he is supervising in relation to Telecom and Greencore? We all know the answer — the Progressive Democrats do not want the truth in relation to Carysfort, because they are afraid of the truth and where it will lead.

I recently recalled in this House the one-man show with which the late Micheál MacLiammoir toured the country some years ago called "I should be talking to my friends". I suggested then that if and when the Taoiseach ever retires that he could take a similar show on tour. The title I suggested for him was "I must be doing favours for my friends". I would now like to suggest a small amendment to the title: "I must be doing favours for my non-friends".

I move amendment No. a1:

To delete all words after "That" and substitute the following:

"Dáil Éireann notes that the acquisition by UCD of the Carysfort College premises and 20 acres for development as its Graduate School of Business has the following advantages:

— the development of such a business school is essential for educational purposes and the efficient management of Irish business in the future,

— the development at Carysfort will provide places for 600-900 graduate students and will release accommodation at Belfield,

— the decision by UCD represents a welcome response to the widespread concern, that Carysfort and its lands should continue to be used for educational purposes;

decides that further consideration of this matter by Dáil Éireann must await the outcome of the examination being made by the Committee of Public Accounts."

I have been interested in Carysfort as an educational institution since 1986.

In that year the Fine Gael-Labour Government decided abruptly to close it down as a teacher training college without consultation or notice.

Since that time, I and Fianna Fáil have maintained our interest in ensuring that the valuable and important, specially designed, buildings at Carysfort would be retained for educational purposes, particularly as £2.5 million of State funds had been expended in developing the educational facilities there.

A memorandum on Carysfort was first brought to Government by the former Minister for Education, Deputy Mary O'Rourke, in July 1987. While primarily concerned with the position of the former staff of Carysfort, a matter which was decided in the context of the 1988 budget, the Minister stated that "the intent of her memorandum is to secure, if possible, the use to the State of the premises and facilities of the college for the purpose of providing for the growing demand for places in third level education", especially in the light of the serious constraints on capital resources which had led to the cancellation of a number of projects in the third level building programme. The Minister also drew attention to the report of the working party presided over by the chairman of the Higher Education Authority, set up by the previous Government, which reported on 26 February 1987. The principal thrust of their report was towards the continued use of the Carysfort premises and facilities for the operation of appropriate courses under the aegis of University College, Dublin.

In July 1988 a second memorandum on Carysfort was brought to Government by the former Minister for Education, who wanted to draw the Government's attention to a proposal by the City of Dublin vocational education committee for the use of Carysfort as a national college of music and drama. The Government, however, decided that the Minister should make a further submission to the Government concerning the property and should bring forward wider and more comprehensive proposals, including use for UCD purposes. This has fitted in with the Government's policy of linking training colleges, no longer required for their original purpose to universities in the vicinity so that courses can be carried on there. This has happened with Mary Immaculate College and Thomond College, now linked to the University of Limerick, and as is proposed for St. Patrick's Training College in Dublin in linkage with Dublin City University.

The difficulties encountered by the Minister for Education with regard to the acquisition of Carysfort on acceptable terms and the identification of a valuable priority use which would justify the acquisition of the property have been outlined to the Dáil on many occasions.

In July 1990 UCD was approached by the then proprietor, and the property was visited by the appropriate authorities and staff within UCD. According to the UCD President they "were very impressed by both the quality of the buildings and the potential they offered". The merits of Carysfort as a possible Graduate School of Business were clearly recognised, notwithstanding its separation from the Belfield Campus. However, in view of the asking price of over £10 million it was not considered practical to pursue the idea. Against that background the Minister took the initiative in September to approach UCD to discuss the use of Carysfort in the context of the Government's programme for increased undergraduate student intake. At that time UCD's plans to use Roebuck as a business school had run into difficulties, because of the escalating cost of the project, because sufficient private finance was not forthcoming and because many key facilities could not be provided within the budgeted cost. I would like to state, as a misunderstanding has arisen on this point, that while UCD had hoped to raise £5.5 million for a business school at Roebuck, it had not been able to raise anything like this amount, less than £2 million in fact. It was made very clear to me from UCD when pressed on this point at the meetings that I held with them, that they could not contribute more than £2 million to the purchase price of Carysfort.

There is also the point, as the President of UCD has acknowledged, that Carysfort offered incomparably better facilities. As an illustration of this point the facility on Roebuck would have cost £1,500 per square metre, whereas Carysfort was being acquired for £300 per square metre. Roebuck, when complete, would have provided less than a fifth of the space available at Carysfort at a cost of £7.18 million. When Carysfort is operating at full capacity, it will have created an additional 2,200 university places, taking into account the fact that Roebuck is now available for undergraduate courses.

Thus, there was a perfect convergence of purpose between UCD which required a premises for their new graduates business school and the Government, who had a longstanding policy with regard to keeping Carysfort in educational use. Both UCD and the Government also shared the objective of seeking to expand the number of third-level places. In fact I held two meetings with the Heads of Universities in 1988 and 1989 on this subject, and in the 1990 budget we made provision to increase the third-level intake by 3,600. In theProgramme for Economic and Social Progress discussions during 1990 this was subsumed into the promise of 8,800 additional third-level places, which included funding to UCD for the acquisition of Carysfort.

I had two meetings with Laurence Crowley in his capacity as Chairman of the Business Graduate School, one on 11 October and a second on 3 December 1991. There had already been several informal and explanatory meetings between the Minister and representatives of UCD, including Mr. Crowley, before my first meeting on 11 October.

There was no secrecy about those meetings. They took place in my office and were arranged by my private office in the normal way. It is quite absurd to suggest that there could be anything untoward about two official meetings with one of the most upright and highly respected persons in Irish business and professional life. Of course, it is never very difficult, if someone is unscrupulous enough, to come along two years later and take any normal meeting out of context and attribute some totally misleading significance to it retrospectively.

I arranged these meetings because I wished to discuss with the chairman the different aspects of the establishment of the graduate school in Carysfort, my support for the project, its importance from the point of view of improving Irish business management and the provision of additional places in third-level education in accordance with the commitments being negotiated in theProgramme for Economic and Social Progress. I also wished to discuss with the chairman the financial position of the graduate school and the prospects of raising funds from the private sector to enable the school to expand and develop. On one occasion I offered a letter of support in connection with a possible fund raising mission to North America. The procurement of private funding for capital development in third-level education is a well established feature of Government policy since 1987, as a means of maximising the number of third level places.

Some of the views that were expressed to me by Mr. Crowley are contained in a speech he made to the Irish Association of Pension Funds in Trinity College on 2 October 1990. He stated that graduate business education was critically important to business and industry. He said resources will have to be invested in knowledge generation if we are to have any hope of survival as a nation, and that investment in education is essential for successful managerial performance.

I regarded those meetings with him as normal and routine and similar to many other such meetings that I have held on countless occasions with the individuals concerned in advancing important projects for the public good in many different areas.

I also want to reiterate the point that it was UCD, not the Government, who took the decision to purchase Carysfort, and it was UCD who put the formal written proposals to the Minister for Education.

The former Taoiseach, Deputy Garret FitzGerald, took it upon himself to intervene during Question Time last Wednesday and purport to give us the benefit of his advice on Government procedures and practices. It would have been better for him and his own reputation if he had kept quiet, because the record clearly shows that what he said on that occasion was untrue and that on a number of occasions, decisions were taken by Governments over which he presided not just without specific memoranda being submitted but also in chaotic circumstances.

A case in point is the UCD School of Engineering building in Belfield. Dr. FitzGerald wrote to Dr. John Kelly of UCD on 25 May 1983, saying that the Government had decided that a general review of the third level capital requirements of that Department over the next four or five years should be undertaken and that no final decisions could be taken on the Engineering School before then. In a further letter of 19 July he said he understood that progress was such that the matter could be considered by Government shortly. In the event a memorandum, meant to facilitate a decision on the UCD Engineering School, was withdrawn in October 1983 and was resubmitted only in 1985 by which stage the school was already under way. Direct approaches were made to his Government in May 1984 rather than to the Higher Education Authority by the Registrar of UCD and by Professor Dooge, a former Fine Gael Minister and close associate of Deputy FitzGerald, with regard to that project. On 7 June 1984 the Secretary of the Higher Education Authority wrote to the Department of Education to protest that they had no previous information or advice with regard to the project, nor had they considered the proposals put forward. The Higher Education Authority were informed in 1985, without further consultation, that the construction of the Engineering School was to go ahead on the basis of the proposal put to the Minister in May 1984.

Despite the earlier decision that the UCD Engineering School and all other third level projects, such as five Regional Technical Colleges, a dental school at TCD and a College of Art and Design, should form part of the capital review submitted to Government for approval in May-June 1985, the largest and most expensive of these projects, the UCD School of Engineering, the final cost of which exceeded £20 million, was not submitted to Government and there was no memorandum to Government.

In a letter toThe Irish Times of 14 December 1991, Deputy FitzGerald sought to confuse the situation, by pretending the decision was taken a year later by reference to the Public Capital Programme of 1986, which was brought before Government. But, the passage he quotes from the Public Capital Programme clearly indicates that the project was already well underway. The fact is the proposal was already sanctioned months earlier, having been dealt with separately, without any memorandum to Government and without any reference to Government, involving the expenditure of over £20 million on a single third-level project, commencing in 1985, without the specific approval of the Government. On the general question of my support for the Carysfort project I must draw attention to the fact that Deputy FitzGerald, as Taoiseach, had confirmed that he was “extremely interested, extremely involved” in the UCD Engineering School project. By contrast the question of the use of Carysfort College as a business school was brought before this Government together with the possibility of a contribution by the State which the Ministers for Finance and Education were given authority to settle between them.

In the provision of assistance to UCD to enable it to purchase the Carysfort institution for the establishment of the Graduate School of Business this Government followed perfectly acceptable and well-established procedures. On 4 December 1990 following a presentation by the Minister for Education an informal decision was taken by the Government in the following terms:

The Ministers for Education and Finance are to consider the question of the use of the college as a school of business management, with the possibility of a contribution by the State of which an initial payment might be made in 1990 — and be covered in a Supplementary Estimate.

I would like to make a number of points about the procedure. First, as paragraph 2 of the Government Procedure instructions states: "Certain matters may, however, for reasons of urgency or confidentiality, have to be raised orally at Government." What in this case was being raised at Government was approval for the use of Carysfort by UCD and the provision of a financial contribution for this purpose. No Government approval is actually required for the introduction of Supplementary Estimates as such, which are and always have been sanctioned by the Minister for Finance.

The Government legitimately delegated to the Ministers for Education and Finance the authority to settle all the details between them. It will be noted that the decision referred to the use of Carysfort by UCD, not just its acquisition. A letter from the Minister for Finance to the Minister for Education on 18 December 1990 approved a Supplementary Estimate on the basis that £9.7 million was the final Exchequer contribution to the capital costs. He also stipulated that there would be no Exchequer subvention to the running costs. The Minister for Education replied to this letter on 21 December 1990, stating that the President of UCD had confirmed that it would not be possible for UCD to operate Carysfort without an Exchequer Subvention from 1992, particularly in the early years, but there was a clear understanding that they would be generating extra income, with the ultimate objective of being completely self-financing. That to my knowledge was clearly the position, and it was necessary for me to telephone Dr. Masterson to assure him of my confidence that incremental running expenditure would be regarded as an appropriate charge. In parallel with my phone call, the Department of Education conveyed a message in similar terms at official level to the UCD authorities on the same day, pointing out that there would be no additional funding in 1991, and that the amount of the subvention in future years should be the subject of negotiations between the college authorities, the Higher Education Authority and the Department of Education. Formal sanction was subsequently conveyed by the Minister for Finance in a letter of 31 January 1991 to the Minister for Education, agreeing that some assistance towards running costs might be given, provided it would not give rise to an excess of expenditure over and above that already allocated to Higher Education Authority institutions in 1991. This is the situation that applies also in the case of the two training colleges, Thomond and Mary Immaculate in Limerick.

With regard to the role of the Higher Education Authority, they formally sought a draft for £9.7 million on 20 December. On 21 December the Department of Education confirmed that a payable order had been made available to the Higher Education Authority, with the condition that it will be necessary to assure, before any money is paid to UCD, that the negotiations for the acquisition of Carysfort are sufficiently advanced to justify the disbursement of public funds. The chief executive of the Higher Education Authority, Mr. John Hayden, stated on 24 September 1991, as quoted the following day in theCork Examiner, that the money paid for Carysfort represented very good value for money, even though the Higher Education Authority had not been directly consulted, although it was in line with the views of the working group under the chairman of the Higher Education Authority that reported in February 1987. He noted that there has been precedents for this.

It will thus be seen that the subsequent arrangements made between the Ministers for Education and Finance about the use of Carysfort by UCD were fully in conformity with the authority delegated to them by the Government, and that all correct procedures were followed, before the moneys were disbursed.

I am proud to have been able to contribute to keeping Carysfort College and its traditions within the third-level sector in accordance with the wish expressed at one time on all sides of this House. I am equally proud of my part in helping to provide UCD and the nation with what will be a superb business college in the most economical way possible.

Institutions of higher education are one of the best reflections on whether a country is seriously committed to excellence in every branch of its national life. America is very proud for instance of its Harvard business school. It is a great pity that the Opposition parties are so blinded by political prejudice that they cannot share our wish for Ireland to have something of similar value and importance. Today, few things are more vital for our success than top managers. Our young people deserve the best, and in enabling UCD to use Carysfort we have provided them with the best.

The business college at Carysfort is already admired, and in a few years' time people will be amazed at this absurd controversy.

There are a whole series of clichés in vogue about Carysfort. Despite the enormous amount of information that has been made available at this stage, "unanswered questions", "an issue that will not go away" are phrases used to try to keep the pot on the boil a little while longer.

Opposition Deputies have been particularly dishonest in completely misrepresenting what I said here in reply to an interjection during the course of the confidence motion on 16 October 1991.

What I said is recorded in the Official Report, at column 41. It reads:

The Taoiseach: I regard the purchase of Carysfort by UCD, to provide a premises for a graduate business school as an entirely praiseworthy and progressive step.

Mr. McCartan: What about the price?

The Taoiseach: The transaction was carried out in a perfectly straightforward manner and I was not involved in it.

The words are perfectly clear. I was stating quite truthfully that I was not involved in the transaction. I had absolutely no involvement in the negotiations over the sale of the property which were conducted from the first approach by representatives of the vendor in July 1990 to conclusion of the sale in December by the college authorities.

The actual purchase was carried out by the UCD authorities without any participation of any kind whatsoever by me. A question was put down to me for answer today by Deputy Gilmore in the following terms:

To ask the Taoiseach if he met with or had any discussions with (a) Gunnes Estate Agents, (b) Drucker Fanning Estate Agents, (c) Davmac Developments Ltd., (d) JHA Ltd. and (e) Mr. "Pino" Harris or with representatives of these companies or persons concerning the sale of Carysfort College; if such discussions took place before 12 July 1990; and if he will make a statement on the matter.

The question was quite properly ruled out of order.

I am glad, however, to avail of the opportunity of this debate to answer it and to state categorically that I had no contact or any discussion with any of those companies or persons concerning the sale of Carysfort College at any time.

As Deputies of this House we are in a privileged position. We are perfectly free to say here anything we wish, secure in the knowledge that we cannot be pursued by anyone in regard to our statements. It is a very important freedom. It is fundamental to our parliamentary democracy, but we should always recall that it carries a corresponding responsibility because we are in effect the judges of our own behaviour. This places a heavy and serious obligation on us to be careful about what we say and in particular about what we allege. It is a gross misuse of our parliamentary privileges for any Deputy to use the protection of this House to make false and unfounded allegations.

I believe that the Deputies of the Labour Party who have put their names to the motion which we are debating this evening in Private Members' Time have been guilty of a gross abuse of privilege because of certain statements which are contained in their motion.

I direct the attention of the House to the following which is included in the wording of the motion:

... Dáil Éireann condemns the Taoiseach for: failing to ensure an arm's length and independent position in relation to his part in the transaction, particularly having regard to his relationship with the vendor; holding secret meetings with key persons involved in the transactions;

Those are quite appalling statements. They are blatantly and recklessly untrue. They demean the people who make them.

The records clearly show that I had no part in the transaction. I was at arm's length and had an independent position in relation to the transaction, because I did not participate and was in no way involved in it. I wish to state equally strongly and categorically that I have not and never had any relationship with the vendor.

I state equally categorically that I did not hold secret meetings with key persons involved in the transactions. These statements are untrue and reflect on the credibility of the Deputies who signed their name to this motion.

I had no interest of any kind in Carysfort except in the public interest to promote a very worthwhile project. I saw the graduate school as an important educational project of great national benefit that I wished to see come on stream. My involvement was solely for that purpose.

A primary purpose for being in Government is to achieve progress; to put new institutions, services, structures and improvements in place for the benefit of the people. These things will not take place unless there is constant effort by the Government to make them happen. That has always been my approach. I spare no effort to get projects moving. It would, of course, be much more tranquil to avoid controversy and do nothing. I totally reject being criticised for holding meetings, making phone calls, pressing for action, expediting projects through the machinery of Government in order to get things done. Does anybody here suggest that we are so well off, so well developed economically, socially and culturally in this country that in Government and elsewhere we can all sit back and hope that progress will happen of its own accord; that there is no urgency; no need for Government to keep trying to force the pace?

What are the Opposition about over Carysfort? Do they want to damage a valuable project that will benefit countless young Irish men and women for many decades to come? This project represents great value for money to the State; it was accomplished in conformity with proper Government and parliamentary procedures. The Department of Education in their evidence to the Committee of Public Accounts have gone so far as to say that it represented outstanding value. Are the Opposition so blinded by political prejudice that they care more about pursuing a personalised political vendetta than they do about a third level education project of great benefit to the young people of this nation? Let me here emphasise that Fine Gael and The Workers' Party enthusiastically supported the Government's decision in the Dáil 12 months ago, when the Supplementary Estimate was before the House and was approved. There is no rational justification for their U-turn, except naked political opportunism.

For some time now, we have been going through a black period in politics. The time of the Dáil has been taken up day after day, week after week, with unscrupulous and unfounded allegations of all kinds against myself and other members of the Government. The normal business of the Dáil has been constantly interrupted by an unceasing campaign of vilification, accusations, and innuendoes. I believe the Opposition have been acting very irresponsibly and without any care or consideration for the best interests of the country at this difficult time. The nation today faces many serious difficulties and challenges. A broad range of issues require urgent attention. There are difficult decisions which have to be made. The Opposition have themselves turned away from these affairs and sought to distract us from them in order to concentrate all their energies in attacking the Government, undermining our position and creating a sense of political instability and insecurity. They are in my view doing a serious disservice to the Irish people by the manner in which they have dragged political debate down to a unprecedentedly low personal level.

Deputy Spring has been the principal instigator of this malevolent period. Vilification and character assassination are his stock-in-trade. He knows no other policy. Not for him constructive debate, reasoned argument. He puts forward no policy alternatives, no new ideas for progress, no worthy concept. I wonder what cause Deputy Spring and his collaborators think they are serving by all this. They are certainly not acting in the best interest of a general public who at this stage have other concerns and preoccupations. They are deeply mistaken if they think they are serving their own political fortunes. There is increasing evidence to the contrary.

This motion is motivated by malice. It is based on falsehoods and it should be rejected out of hand by Dáil Éireann.

I thought a round of applause would be in order.

We did not want to wake the Deputy.

I welcome the Labour Party motion and I thank Deputy O'Shea for indicating his party's acceptance of the Fine Gael amendment. The Labour Party motion calls on the Taoiseach to clarify exactly his involvement in this issue and condemns him for failing to clarify thus far on the record of the House exactly how and why he was involved. Instead of clarifying the position what we have had from the Taoiseach tonight is a regurgitation of all the discredited arguments we have had before in this House at Question Time and in previous debates. The Taoiseach has not answered any of the salient questions which have been repeatedly asked both inside and outside this House——

The Deputy was not listening.

——in relation to his involvement in this affair. The Taoiseach has failed to address the issue. One has only to look at his script tonight to see this. He said that when Carysfort is operating at full capacity it will have created an additional 2,200 university places. However, the second clause of the Government amendment, crafted by Pat Cox, says that the development at Carysfort will provide places for 600-900 graduate students. That is consistency for you.

Where is the former Minister for Education tonight, the fugitive who has gone to Health? She is either prancing around outside or watching the debate on the Dáil monitor, as has been characteristic of her in relation to most issues dealing with Carysfort.

The Teflon lady.

Where are the Progressive Democrats tonight? If they think they can square this amendment, crafted by Pat Cox, with their public conscience then they have another think coming to them.

All gone now.

They are very concerned.

Last Tuesday, 12 leaders returned from Maastricht, having signed an historic agreement. Eleven of the 12 leaders arrived home to red carpets and jubilation——

John Major did not.

——but our Taoiseach arrived home to scandal, controversy and the Carysfort issue, yet another scandal and more unanswered questions. Carysfort is not of our making and it is not a media creation. The Government created the Carysfort scandal. The Government have perpetrated the scandal by their pathetic attempts to confuse and cover up. They have continued tonight to dig themselves deeper into a hole by failing to see that simply nobody believes the Taoiseach's version of events.

Half of the Government do.

As the Taoiseach rightly said, this House resumed after the summer recess on 16 October. The Taoiseach unveiled to the House on the Order of Business that day his proposed legislative programme with the usual grave determination, major work to be done. However, between 16 October and the Christmas recess we will have enacted a mere four Bills — the Criminal Damage Bill, the Liability for Defective Products Bill, the Fisheries (Amendment) Bill and the B & I Bill which is currently going through the House. From day one we have spent most of the time of this House debating no confidence motions in crisis management, Government attempts at damage limitation and the sacking of two Ministers and three Ministers of State. Gone also are Mr. Comerford, Mr. Tully, Mr. Desmond, Dr. Smurfit and the honourable Mr. Páircéir.

Can the Deputy get to the motion before the House, please?

He has nothing to say.

The Deputy is straying considerably from the motion.

He is straying away.

I am merely answering the point made by the Taoiseach that we have deflected the attention of the House away from important legislative matters. It is not we who have done so, it is the Government.

If they had gone to the Carysfort business school this would not have happened.

There was also the bungled reshuffle when poor Deputy McDaid did not know whether he was coming or going. It has been one scandal after another — Greencore, Telecom, Goodman, Celtic Helicopters and now Carysfort.

(Interruptions.)

It has been like one long bad dream. Meanwhile there are 260,000 people out of work, the national finances have gone off the rails and the so-called priceless jewel, theProgramme for Economic and Social Progress, is but another figment of the Taoiseach's imagination. What differentiates Carysfort from all the other scandals — as I warned the Minister for Education at Question Time, this is one of the hottest political potatoes around — is that there is no intermediary, no middle man to take the rap, at least in the short term, such as a firm of stockbrokers, holding companies, or semi-State executives. In the Carysfort saga there is no human flak jacket to provide the shield. The trail leads right to the front door of Kinsealy. The Taoiseach has been caught cold on this issue and, as they say in football parlance, he has been caught in possession.

That is ridiculous.

I have no doubt that if the Taoiseach thought he would get away with it in relation to this issue he would happily sacrifice the former Minister for Education, Deputy O'Rourke, the same as he sacrificed her brother, the former Tánaiste, on the sacrificial altar of his own survival. This lady is not for turning just yet. In any event, she knows too much.

She could use the handbag.

Why Deputy O'Rourke got herself enmeshed in this particular snare is one of those mysteries, the answer to which we will have to await for another day.

She was always fond of Carysfort.

For a normally shrewd woman to get tied into this matter or be pushed into it and to bail out Mr. Harris is somewhat untypical of her.

The Teflon lady.

Is there a hidden agenda, about which we have not been told, which lured and tempted her into this £10 million Bonnie and Clyde act?

The contempt shown by the Taoiseach and the former Minister for Education, Deputy O'Rourke, for the public intelligence on this issue seems to be based once again on the assumption that we are a nation of morons. The former Minister has constantly maintained that UCD launched the initiative, and the Taoiseach said so here again tonight. She repeated itad nauseam in the Dáil, on radio, television and in the newspapers. Lo and behold, the President of UCD, Dr. Masterson, arrived home from the United States on Tuesday, 8 October and in the most diplomatic language possible flatly contradicted the then Minister, Deputy O'Rourke. He said that the decisive move, despite all the denials by the Minister, was by way of a telephone call from the Minister in September 1990. Yet the Taoiseach maintained tonight that Dr. Masterson and UCD made the initial move, again flatly denying the reputable evidence offered by Dr. Masterson to the Committee of Public Accounts and effectively accusing Dr. Masterson of telling untruths.

The Taoiseach told the Dáil on 16 October quite clearly that he was not involved and he has tried to explain it away again tonight. It reminded me of the "no such meeting" in relation to Greencore and their chairman. Not alone was the Taoiseach involved but he had three meetings, one with the President of University College, Dublin, and two secret meetings with the chairman of the Smurfit Graduate Business School, Mr. Laurence Crowley. The latter two meetings were secret. According to the former Minister for Education, Deputy O'Rourke, inThe Sunday Tribune of 8 December 1991, she did not know about them. Not satisfied that he had given enough by way of £10 million of taxpayers' money, the Taoiseach then proceeded — as he confirmed tonight — to return a telephone call to Dr. Masterson and assured him that not alone would the Government buy it for them but they would also run it. It is typical of the recklessness which characterised the Gregory and Talbot deals in the early eighties.

The former Minister for Education, Deputy O'Rourke, was told by the Valuation Office that their valuation for the college and 20 acres of land on 29 August 1989 was £3.8 million. Yet, according to the Taoiseach, she never brought this to his attention. The Taoiseach would like us to believe that he thought he was getting a great bargain when his friend Pino generously offered it to the State for the knock-down price of £8 million. Then the Taoiseach, in his rush to avail of the bargain before anyone else might jump the queue, forgot to tell his Cabinet colleagues, particularly the Progressive Democrat members, about the great bargain and gift to the nation.

One of the facts of Irish life is that civil servants and public officials are, with rare exceptions, scrupulous in the exercise of their functions, particularly where spending of public moneys is concerned. The rules, regulations and guidelines were laid down clearly and specifically. There is a set agenda of procedures which must be followed. If any public servant, a county manager, the chief executive officer of a vocational education committee or a town clerk at the humblest urban district council did what the Taoiseach and the former Minister, Deputy O'Rourke, did in relation to Carysfort, he or she would be booted unceremoniously from office. There would also, of course, be the question of surcharge in respect of the misappropriation of public funds. Not alone was a rule or regulation breached in the Carysfort deal but every single time-honoured procedure and safeguard was laid aside, not by the officials or servants of the State, but by the political masters whose hands guided this project from start to finish.

The facts are that University College, Dublin, have a policy of campus consolidation which was one of the primary reasons for the university moving to their 300-acre Belfield site; they have adequate space to develop and expand and to keep their entire operation on campus. UCD are an enterprising university well capable of attracting private investment. The Smurfit Graduate Business School was to be one such project; plans were drawn up, models were done to scale and a financial package amounting to £5 million of private investment was put in place — we had a breakdown of that — for a purpose-built school on campus capable of training top flight executives for a vigorous, competitive single stage in the world marketplace. Not a penny of taxpayers' money was involved. Difficulties arose in regard to the cost but nothing insurmountable and before any financial rearrangement could be looked at or before any further private funding was even sought, enter the fairy godmother, the former Minister for Education, Deputy O'Rourke. As the saying goes, it was in the family, no problem.

Initially UCD were very reluctant to move. They were extremely reticent about breaking their campus consolidation policy and throwing away the plans for their on-site Roebuck project. It is quite obvious that there was a process of enticement: an irrestible offer consisting of £10 million of taxpayers' money was put on the table with underwritten running costs. Nobody can blame UCD for succumbing to that temptation.

How else would they treat a fairy godmother?

Anybody dealing with Government Departments — and the Department of Education in particular — knows how difficult it is at the best of times to get money for projects. The most modest primary school project would be regarded as extremely lucky if it was undertaken within three years of the initial application date. Every stage must be meticulously gone through as my colleage, Deputy Kenny, will confirm from his experience as Minister of State at the Department of Education. There is no such thing as skipping any rung of the procedural ladder, and yet from September 1990 to December 1990, in a mere four months, the £10 million Carysfort deal was signed, sealed and delivered.

Let us look at the sequence of events and the consequences. On 11 September 1990 the former Minister for Education, Deputy O'Rourke, met the Registrar of UCD and there were no civil servants present. Two weeks later, on 26 September 1990, the Minister met Mr. Laurence Crowley, the Dean, Professor Kelly, the registrar and the secretary of the university and again there were no civil servants present. A week later, the Minister met the registrar, the secretary and Professor Kelly and again there were no civil servants present.

Eight days later, on 11 October 1990, the Taoiseach met Mr. Laurence Crowley in the Taoiseach's office to discuss the deal and again there were no civil servants present. The former Minister for Education, according to herself, was not aware of this meeting. Surely it is fundamental that if the Taoiseach is discussing any aspect of a major third level project he should at least have the courtesy to apprise the Minister for Education of what he is doing. This did not happen, according to Deputy O'Rourke.

On 16 October 1990, five days later, the former Minister for Education, had another meeting with the registrar and the secretary of UCD and Mr. Laurence Crowley; again there were no civil servants present. On 25 November 1990 a price was agreed, £8 million, and Mr. Pino Harris was laughing all the way to the bank having made a neat profit of at least £1.5 million for holding a property for a mere seven months. On 27 November 1990 the former Minister for Education met the registrar, the secretary and the Dean of University College, Dublin, presumably on this occasion for champagne, and again there were no civil servants present. Six days later, on 3 December 1990, the Taoiseach had a second meeting — he talked about arm's length involvement — with Mr. Laurence Crowley but the former Minister for Education, according to herself, did not know about it until she read it inThe Sunday Tribune of 8 December 1991. Again, there were no civil servants present.

The following day, 4 December 1990, the proposal was passed by Cabinet without a memorandum from the Department of Finance. There were seven meetings involving hands-on management by the Taoiseach and the Minister for Education negotiating, directing and orchestrating the entire deal. The fact that no civil servant was present at any of the seven meetings means that it was not being handled by civil servants. There was no official involvement, it was being handled from A to Z by the Taoiseach and the former Minister. There is another logical explanation. The £3.8 million valuation was ignored. No independent valuation was sought and I will tell you why. It was feared that if an independent valuation was sought it would confirm the Valuation Office's estimate to £3.8 million thereby making it all the more difficult, if not impossible, to advance the £8 million desired by Mr. Harris.

The advice of the Department of Finance was ignored. I want to lay it clearly on the line that the Taoiseach had a personal briefing from the Department of Finance in respect of this matter. No memorandum was prepared for Cabinet as must happen where financial costs are involved. The reason that requirement was dispensed with was because the Taoiseach and the former Minister for Education were afraid questions would be asked by the Progressive Democrats Ministers in particular and, therefore, that the deal would be scuttled. A special Estimate was rushed through this House on 18 December 1990, as Deputy O'Shea said. Vital information in relation to the Valuation Office's estimate, the reluctance of the Department of Finance and other key information were all withheld from the House and the House voted against the Estimate irrespective of what the Taoiseach said about supporting the project.

The former Minister for Education, Deputy O'Rourke, has made some public play of the fact that I stated here and outside this House, that she acted illegally. The former Minister for Education has made considerable play of the fact that I have described her actions in relation to the sidelining of the Higher Education Authority and the total usurping of their role as being illegal. I stand over what I said. The Higher Education Authority were set up by an Act of this House and the Seanad in 1971. They are the statutory agency for supervising and monitoring all third-level education. They were completely ignored and by-passed. In my opinion the former Minister acted illegally in doing so.

Section 3 of the Higher Education Authority Act, 1971, provides,inter alia, that the Higher Education Authority, established under the Act shall be responsible for assisting in and co-ordinating State investment in higher education and preparing proposals for such investment. Were the Higher Education Authority consulted, let alone given their co-ordinating role? Were the Higher Education Authority allowed prepare any proposals in this regard where a major item of public expenditure was involved? Section 3 of that Act was blatantly breached.

Section 5 of the Higher Education Authority Act states that the Higher Education Authority:

... shall advise the Minister on the need or otherwise for the establishment of new institutions of higher education, on the nature and form of those institutions and on the legislative measures required in relation to their establishment or in relation to any existing institution of higher education.

That is clear and specific. It states that the Higher Education Authority shall advise the Minister on the need for new institutions of higher education. Yet when the new graduate business school was in the process of establishment not alone was the statutory obligation of the Minister to be advised by the Higher Education Authority not complied with but there was absolutely no consultation and no dialogue with the Higher Education Authority. The Higher Education Authority wrote to the Minister, as has been confirmed by the chairman, Mr. Gabriel Corr to the Committee of Public Accounts, complaining of the fact that they were dumb spectators on the sideline. It is quite clear that the former Minister acted illegally by not consulting the Higher Education Authority, by not seeking their advice, and by not being advised by them.

Garret did not consult with too many.

The Minister of State is dredging the sewers again. Section 8 (1) of the same Act states:

Any request by an institution of higher education for State subvention shall be submitted by the institution to an túdarás (in this case the Higher Education Authority) in such manner as an túdarás may require.

Here we had University College, Dublin going ahead with a £9.7 million subvented investment and yet no submission or request was made by them to the Higher Education Authority as specified by this Act. Furthermore, the former Minister for Education, Deputy O'Rourke, being fully aware of the facts again decided to conspire with UCD in order to by-pass and sideline the Higher Education Authority, thereby flouting, once again, one of the key requirements of the Act.

Finally, section 10 (1) of the same Act states that the Higher Education Authority:

... shall assess amounts of State financial provision, both current and capital, which it recommends for higher education and research or for any part thereof, either in relation to current or future periods.

Here we have a State financial provision being made for capital expenditure and yet the Higher Education Authority, who have been vested with the power and obligation — the Act states they "shall assess amounts of State financial provision"— are totally precluded from any involvement whatever in carrying out such assessment and they got the proverbial back of the hand from the former Minister when they tried to protest at being prohibited and obstructed from carrying out their statutory functions. Indeed, the former Minister did not even have the courtesy to reply to Mr. Cox's letter. It was afait accompli when the Higher Education Authority got involved.

When I give a definition of "illegal", I am implying that the person I accuse is acting contrary to the law. The law, as I perceive it, is legislation enacted by the Oireachtas. If any Act of this Parliament is violated then I regard the perpetrator of such a breach as acting illegally. It is clear that the statutory, supervisory, monitoring and regulatory role of the Higher Education Authority was totally flouted as a result of the direct intervention by the former Minister for Education. It is clear that the former Minister for Education, acting on the Taoiseach's instructions, conducted direct negotiations with University College Dublin, over and above the heads of the Higher Education Authority. Apart from the gross insult offered to the Higher Education Authority there is the deliberate undermining of their statutory position. By her actions, in the case of the Carysfort project, the Minister acted in a highly irregular manner.

Following precedent.

She has arbitrarily dispensed with all the normal procedures and guidelines. What she did was illegal——

Is the Deputy quoting from the 1985 precedent?

——in that she has flouted the specific and binding requirements of the Higher Education Authority Act, 1971.

Deputy Higgins to continue without interruption.

She did so knowingly and deliberately. It is all the more regrettable that the Minister for Education of the day should be the custodian and the guardian of the Higher Education Authority and their roles and functions. One may well ask why the Higher Education Authority were relegated to the role of a mere frustrated spectator on the sideline while their functions were being usurped. The reason they were left out was because the Government knew full well that the Higher Education Authority would give this proposal the thumbs down.

What about 1973 when the Deputy was not here?

The Government knew full well that in pursuit of their statutory obligation the Higher Education Authority would advise that the £9.7 million was badly needed and could be better spent elsewhere. The Government knew full well that the Higher Education Authority would not go along with their proposals and would, in fact, recommend that the Belfield project should go ahead because it would have cost a mere £1 million or £2 million extra and would have created the additional places.

The net position is that the Valuation Office put an estimate of £3.8 million on the college and the property on 29 August 1989. Just over four weeks later, on 2 October 1989, the Department of Education and the Minister were written to by the solicitors, acting on behalf of the vendors — the Sisters of Mercy — and made it crystal clear that the asking price of £8.5 million was negotiable. In other words, they were saying: "make us a realistic offer and we will consider it". Clearly they were saying they were prepared to bring down the price and were prepared to bargain. My information is that they would have settled for about £6 million. Not alone did the Minister, and the Department of Education, not enter negotiations, in order to get knock down on the price, they did not even do the courtesty of replying to the vendor's letter. The Department of Education had absolutely no interest whatever in the project in October 1989 and yet in September 1990 it was all systems go, panic buttons were being pressed, mountains were being moved, statutory bodies were being sidelined, phone calls were being made, secret meetings were being held and, they presto, a £10 million Estimate appeared from the blue sky. I pay tribute to the Committee of Public Accounts and the Comptroller and Auditor General——

The Deputy did not listen to him last week.

——because they are the people who have unearthed the salient facts. It is clear there is a consistent theme amounting to overwhelming evidence in the versions given to the Committee of Public Accounts, of which Deputy M. Ahern is a member, by Dr. Masterson, the President of UCD, by the Comptroller and Auditor General, by the Valuation Office, by the Department of Finance and by the chairman of the Higher Education Authority. We have on the other side, before the committee, the lone advocate of the project, the Secretary of the Department of Education.

The Deputy did not read Dr. Masterson's report.

However, his comments last week were quite predictable. An accounting officer with ultimate responsibility for accountability in financial matters will naturally enough defend his Minister and his project in such circumstances. However, I do not agree with a number of the comments he made to the committee last week but I will leave that to the committee to adjudicate on in due course. Carysfort is a scandal which will not go away. It is extraordinary what can be done when there is a friend in need. Deputy Flynn once described Fianna Fáil as a family. Another Mayo man said "The family that prays together stays together". The Gambinos were also members of the family. It is extraordinary the lengths to which some people will go to secure public money in cases where there is a friend in need.

Debate adjourned.
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