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Dáil Éireann díospóireacht -
Wednesday, 8 Apr 1992

Vol. 418 No. 5

Private Members' Business. - Re-Establishment of Fóir Teoranta: Motion (Resumed).

The following motion was moved by Deputy Noonan(Limerick East) on Tuesday, 7 May 1992:
That Dáil Éireann calls on the Minister for Finance to re-establish Fóir Teoranta and, conscious of the difficulties being experienced by Examiners appointed under the terms of the Companies Act, 1990, further calls on the Minister to extend the powers of Fóir Teoranta on its re-establishment to mandate it to provide Examiners with the working capital they need to carry out their functions so as to avoid unnecessary liquidations and
Debate resumed on Amendment No. 1:
To delete all words after "Dáil Éireann" and substitute the following:—
"endorses the Government's overall economic policies as the best means of ensuring the creation and retention of long term sustainable jobs in the economy."
—(Minister for Finance.)

The Labour Party will be supporting this motion because, while we have many reservations about the limited role of Fóir Teoranta in the past, we still believe the State should retain for itself some mechanism for intervention in the economy in a positive way. In the aftermath of the Communist collapse in eastern Europe there are questions we must ask ourselves concerning the dividing line between ourselves as a socialist party and member of the European Socialist Group of parties and other parties. We must ask what is the role of the State in a mixed and open economy, which is the reality that confronts all of us in the immediate future pending the successful completion of the GATT negotiations. It seems that on the right there are those who believe that the role of the State should be confined exclusively to getting the climate right, creating a not too clearly defined set of circumstances which will promote, among other things, a sense of confidence in the marketplace that would induce investment and risk taking — in other words, a hands off approach by the State to the economic affairs of the country.

There is a second view that goes a little further. It is that the State has a positive role to play in promoting, investing and providing the infrastructure of transportation, telecommunications, education, social security, peace and so on that would enable business activities to take place and eliminate risks that have nothing to do with commerce and everything to do with the society in which people live. There is a third view that the State should intervene in enterprise itself, above and beyond infrastructure and way beyond providing the climate, both of which are necessary in themselves. There is a further view of intervention, which is controlling certain key elements and owning or taking control of sections of industry. Finally, there is the now discarded command economy, which has been seen to have failed miserably right across the whole of central and eastern Europe and through the Soviet Union itself.

This is not meant to be an economic lecture; I certainly do not have the time for that. However, the Labour Party believe that the State must have a positive role in the economy and must be prepared and equipped to intervene in the economy. In the words of someone else recently, the State must be prepared to be a marriage broker and not a pawnbroker and must be able to intervene in those enterprises that get themselves into trouble and which need a helping hand above and beyond what can be obtained from a commercial bank.

We argued strenuously for that kind of role for NADCORP, but NADCORP was — since we are in the climate of pro life discussion — strangled at birth by the mandarins of the IDA and was never allowed to flourish fully in the way intended. There is no institution, other than the IDA itself, that can take direct equity in companies. We have always argued against that schizophrenic role for the IDA; it is a bit like asking the referee to periodically play on one side or the other in a football match. Notwithstanding the recommendations of Culliton, we do not see the IDA, whose primary task is one of promotion and encouragement of investment in this country, also taking equity, because having to carry out the two functions would confuse the decision makers. We are all human in that respect and it would not be reasonable to ask people to make such decisions.

While we would prefer a body like NADCORP to be in existence that could take equity shares and participate from the very beginning in promoting through venture capital those enterprises that could maximise employment through use of natural resources within our economy, in the context of this debate we are faced with a proposal by Fine Gael to restablish Fóir Teoranta and we will support that motion. Tragically, I suspect that the Government will say there is no real need for it because of the experience of Fóir Teoranta in the past. I think that would be a mistaken response, because Fóir Teoranta had to cope with a period of adjustment from the late seventies to the early eighties after the oil crisis. There was a massive shake out at a time when many industrial jobs were lost.

With the completion of the internal market and the full rigours of the European economic space, as it will initially be, and then full European union, with the accession of the five EFTA members, there will be a different kind of shakeout. If we want to have a level of economic activity which participates fully, openly and vigorously in that free and open market, but which at the same time contributes back to the Irish economy, we must promote the creation of large enterprises that above and beyond the normal criteria of investment have a loyalty to this place. To that extent the historic role of the State intervening in the economy, which was an integral part of socialist philosophy and ideology, must be retained, but utterly transformed in the context of a multi-state or inter-state economic union, which is what the European Community will be. This is an issue that is currently exercising the minds of socialists, economists and politicians in all of the other member parties of the confederation to which I belong to determine at what level the political economic institution can intervene — at the level of the nation state, the provincial Department, the German Lander and at the European level — in a manner that has been so successful in parts of Korea, albeit a totally different level of economic development, or indeed in Japan.

One thing is sure. The era of Reaganomics, the era of Thatcherism, as a philosophy that produces sound economic growth leading to buoyancy in the economy and overall net increases in employment is over. Hopefully, it will be buried formally tomorrow in the elections in Great Britain, because the damage that Reaganism did to the United States economy and that Thatcherism did to the British economy — now that we have had a chance to look at it — is clearly a lesson that anyone who has a genuine, open intellectual interest in economics and politics should look at with a degree of objectivity. The other achievements of Thatcherism — and there were many — are ones that will have to be left for another time. In the economic field Mrs. Thatcher's admonition that the state should get out of the market place is altogether one that is unacceptable to us.

I know the UMP debacle is the progenitor of this motion here tonight. There are enterprises which at an earlier stage than insolvency desperately need equity capital and ultimately they can only depend on the State to invest in them.

I interrupt Deputy Quinn merely to advise him to bring his speech to a close.

There are enterprises which will ultimately depend on the State in the context of 1992 to intervene to help them. For that reason, if we want to protect jobs and enhance job creation, we need an organisation like Fóir Teoranta. In the absence of any initiative from the State and in the absence of the implementation of aspects of the Culliton report, the Government should take on board the sentiments of this motion and re-establish, with perhaps an enlarged mandate, Fóir Teoranta.

I agree with much of the analyses of the last speaker. There must be some appropriate role for the State between the extremes. One of the things we did in this small, open, vulnerable economy was to start to establish something of a middle way. In many ways we were interventionist long before it was fashionable to be interventionist. There was a famous Finlay lecture many years ago when Keynes came to this town and spoke of the interventionism of de Valera and the role he was trying to see for the State somewhere between the extremes. This is an interesting philosophical level on which to conduct this debate. It is something we do not do often enough here. The level of debate which we have just heard from Deputy Quinn is something that could with value be brought into the newly created committee, in order to establish the appropriate level of intervention for the State.

I spoke on the dissolution of Fóir Teoranta and will speak along the same lines tonight, but I take the point made by Deputy Quinn about the strangulation of NADCORP at birth by the bureaucratic forces that operated at that time. I am not sure how dramatic they were or whether they were departmental or State-sponsored bodies, but certainly they were forces to bring NADCORP down.

I should have said at the outset that I will be sharing some time with the Minister when he arrives later, if the House agrees.

Is that satisfactory? Agreed.

The final sentiment in the motion, intended to protect jobs by avoiding unnecessary liquidations, is not one with which any Member would argue. There is something pathetically tragic about a liquidation when one knows that the company could have been saved by an injection of funds or by the use of a safety net of some kind. While we have sympathy with the sentiment, the means suggested for fulfilling the desire in this motion is questionable. We are familiar with the history of Fóir Teoranta who were established in the run up to our entry into the EC. Given the advent of a more competitive environment which EC membership heralded, and the lifting of protectionism which had been part of our industrial policy since the thirties, the establishment of Fóir Teoranta was a prudent step. The company were right for their time. There are organisational formats which are right for their time but they live out their usefulness and should then be consigned back to the shelf when new forms of intervention are considered.

The opening up of the Irish economy was seen as inevitably leading to the restructuring of Irish industry. This process inevitably had its victims and Fóir Teoranta were established to assist those who could survive. It was intended to fill the gap which was perceived at the time as existing in the range of State services which were available to manufacturing industry. The new Oireachtas Committee and the task force of Ministers looking at the Culliton report could consider exactly what gaps exist in the existing mechanism and perhaps something similar to Fóir Teoranta would be regarded as an appropriate mechanism for a particular set of circumstances.

In a sense, Fóir Teoranta were established with an implicit "use by" date. They had a limited shelf life and they lived out their life. The major purpose of the company was to provide an orderly procedure for restructuring ailing but potentially viable industries which ran into problems and which either did not have the financial resources to weather the storms coming in with the new environment or which could not raise funds from the normal marketplace or from banking sources.

It turned out that Fóir Teoranta's busiest time was not in the immediate aftermath of EC membership but during the recession of the early eighties. During that recession Fóir Teoranta were called upon on many occasions to intervene. On many occasions their intervention was futile, expensive and doomed to failure. During that recession the company provided substantial funding to traditional industries. The companies listed in Fóir Teoranta's reports of that time read, as I said in my contribution to this House in May 1990, like a who's who of Irish traditional industry. It is an inescapable fact that most of those companies mentioned in the reports have long since passed into history. They no longer provide employment or engage in economic activity. They failed to survive the twin rigours of EC membership and recession in spite of very considerable levels of State intervention, not least intervention by Fóir Teoranta and other agencies.

The report of Fóir Teoranta do not suggest that the company were conspicuously successful in their operations. I am not passing judgement on those who worked for Fóir Teoranta. It must have been a very difficult agency to work for because many of their clients were doomed to failure. Fóir Teoranta by their very nature were doomed to fail or to achieve very limited success. They were after all, a lender of last resort owned by the State. Their positioning was at least as important as their basic ethos and objectives. Now there is a universally odd attitude to any company in State ownership. While the companies are established with reasonably clear-cut objectives and while State companies are almost inevitably established to be free of political intervention, they are inevitably forced to surrender their commercial purity to that most pervasive of Irish political characteristics — short term expediency. So it was with Fóir Teoranta. They were very vulnerable throughout their life to expediency, to interventions which were motivated more by expediency than by commercial considerations.

It is obvious to anybody who takes the trouble to review the history of Fóir Teoranta, which throughout its most active period was, because it was publicly owned, forced to take up cases which had no chance of success. At best Fóir Teoranta helped to put off the inevitable evil day, and at some considerable cost to its owners, the taxpayers.

Deputy Rabbitte, in a very interesting contribution on 31 May, 1990, dwelt on this point at some length. It would be worth hearing his contribution again. Parting company with the mover of the motion, who had been lavish in his praise of Fóir Teoranta and had argued that the firm had made achievements which even its most loyal employee would not have proclaimed, Deputy Rabbitte spoke about how the company had been abused by the banks. He highlighted other vulnerabilities of the company. Deputy Rabbitte's comments are, at least in part, worth quoting. He stated as follows:

To some extent they were seen as an easy touch and as a mechanism for the banks to avoid their social responsibility. Customers who were too much of a risk were pawned off on Fóir Teoranta and the banks did not feel they would come under any pressure as a result. In some cases Fóir Teoranta were used as a milk cow for inefficient businessmen. That is an important point, because successive persons associated with the management and board of Fóir Teoranta have commented that they were often asked to bail out companies whose difficulties were also due to inherent managerial weakness.

That is a very true summary. The fact that the lender of last resort was owned by the State meant that the lender of last resort was inevitably extremely vulnerable to forced interventions. While I would have some doubt about some of the language used by Deputy Rabbitte, it is true that the banks, who did well out of traditional companies for many years, decided, very frequently in extremis, to dump their problems on Fóir Teoranta when the writing on the wall came into their collective corporate focus.

The banks were not the only culprits. Because Fóir Teoranta was in the State sector it was particularly vulnerable to political as well as commercial expediency. An industrial or commercial collapse in a marginal constituency — and many of our constituencies could be so described — was always a very potent thing in Irish political life. With Fóir Teoranta in place the inevitable clamour would be raised for its intervention.

In the UMP case, which is the progenitor of this motion, we have witnessed a breathtaking disregard for harsh economic facts. We have heard intelligent political personalities, Members of this House, argue that the company could have been saved by putting in £2 million or £4 million. We all know the tragic truth that the company had reached such a state that ten or 15 times that amount would have been necessary to safeguard it. The company had so woefully stretched itself that considerable injections would have been necessary to preserve it. I would wish, as would all Members, that the opposite were the case. If Fóir Teoranta had been in operation during the past couple of months, when people in this House were arguing that this very considerable employer could be saved for only £3 million or £4 million, I have no doubt that such money would have been forced into the company through Fóir Teoranta. Within five or six weeks another £4 million would be needed and so on. The reality which is relevant is that if the State were to intervene to re-establish a State-owned lender of last resort we would go back to the situation where companies which were simply not saveable would die a death on the instalment system at the expense of the taxpayer.

The examiner mechanism established in the Companies Act is effective. It has not been in place for long and there is no doubt that the mechanism could be improved. I would suggest that we take the opportunity to examine the mechanism and then consider how it can be strengthened. Setting up or re-establishing Fóir Teoranta to act as the examiner's banker would leave us with the very real danger that the new State body would be little more than a safety net to allow bankers and other creditors to offload reasonable commercial exposure. That does not strike me as a sensible proposition.

I have no doubt that Fine Gael want to make a reasonable contribution to the resolution of the employment problem. Suggestions such as this have some merit and deserve to be studied, not in an arid debate in this House but in the committee which this House has just established. Fine Gael could use their very considerable talents more effectively by agreeing to participate in the committee.

I thank Deputy Roche. Much of the focus of this debate has been on the adequacy or otherwise of the Companies (Amendment) Act, 1990, and I propose to concentrate on that aspect in my contribution tonight. It might be useful at the outset if I outlined the background and thinking behind this legislation.

These provisions have their origin in the Companies (No. 2) Bill, 1987, originally published as far back as early 1987. Part IX of that Bill made provision for the establishment of a new rescue procedure for companies experiencing difficulties. Towards the end of August 1990, in highly publicised circumstances, Part IX was hived off and enacted as the Companies (Amendment) Act, 1990.

We should not, of course, re-open the Oireachtas debate on the Bill which eventually became the Companies (Amendment) Act, 1990. However, to the extent that there have been some loose references to the efficacy of the legislation, it may be helpful to outline the philosophy behind it and some of the main elements enacted.

The Act provides that a company which is, or is likely to be, unable to pay its debts and in respect of which no resolution for a winding-up, or no winding-up order has been made, may apply to the courts to have an examiner appointed to examine the state of the company's affairs. The court may in particular make an order appointing an examiner where it considers that it would be likely to facilitate the survival of the company, and the whole or any part of it, as a going concern. In addition, where a receiver has been appointed to a company an application for the appointment of an examiner can be made within three days.

The analogy that I have previously used is that the examiner is like a doctor tending to an ill, but not necessarily terminally ill, patient. If he forms the opinion that the patient is terminally ill, he says so. If he diagnoses that the patient can be saved, he draws up a "survival plan".

Because of the way the Act is structured, with the examiner being appointed by and answerable to the courts, there is no direct role from a company law perspective for the Minister for Industry and Commerce or his Department where a company is brought under an examiner.

The essential responsibilities of the examiner are to examine the affairs of the company with a view to determining whether or not the company can be put back on a sound footing. The examiner is obliged to submit a report within 21 days of his appointment to the court and, if he is of the view that the company cannot be saved, he so reports to the court and the court can take whatever action it considers appropriate, including the discharge from the protection of the court of the whole or any part of the assets of the company or the winding up of the company. On the other hand, where the examiner is of the opinion that the whole or any part of the undertaking is capable of surviving as a going concern, he is obliged to formulate proposals for a compromise or scheme or arrangement. When he has prepared such proposals he has to discuss them with the creditors and report back to the court and the court has then to consider whether or not it should confirm the examiner's proposals. Where the court confirms the proposals, they are binding on all of the creditors of the company.

It was, of course, recognised from the outset that parties might be reluctant to deal with a company to which an examiner has been appointed. In particular, it was recognised that such a company might have difficulty ensuring continuity of supplies to enable the company continue to trade while under the protection of the court.

After the Bill was published, the almost universal response was that one of the main difficulties to be faced by a company under court protection — and, of course, by the examiner — would be the reluctance of ordinary trade creditors to continue supplying the company during the protection period. Such a refusal would be based on fear that the company might be wound up subsequently anyway, or a receiver appointed, after the company came "out of protection" and that they would, effectively, just be throwing good money after bad.

Not alone would this apply to such ordinary trade creditors, so the argument goes, but also to suppliers of other forms of credit, for example, bank overdrafts which are often of very great importance in such circumstances. If some special arrangements were not made for such suppliers, the company would invariably be faced with demands for "cash on delivery" and so on, and would not be able to obtain other forms of credit either. Indeed, suppliers would probably simply refuse to supply.

The Act addresses this problem of ensuring continuity of supply by ranking any "post-protection" debts, certified by the examiner as essential for the survival of the company, as an expense of the examiner which must be paid before any other debts — even preferential ones — in the event that the company are subsequently wound up or a receiver appointed.

Section 5 of the Act sets out the effect of the presentation of the initial petition and provides that, for a period of three, or in exceptional cases four, months from the presentation of the petition, or unless the petition is withdrawn or refused, the company will be deemed to be under the protection of the court. During this time, the debts of the company will effectively be frozen, and no action can be taken by a creditor to enforce his debt. Neither can proceedings for a winding-up of the company be commenced or a receiver appointed. The purpose of this "stay" is obviously to preserve the status quo to allow the examiner to complete his inquiries in a less threatening environment.

Several commentators have bemoaned the fact that such a short period is allowed for a rescue under the 1990 Act. However, I was, and remain, convinced that this is the right approach. For one thing, I think it would be unreasonable to ask creditors effectively to stand aside, for any more than the shortest possible period. There is also the point that, if a longer period were allowed, then, human nature being what it is, Parkinson's Law would inevitably apply, and considerable time could be wasted in the early stages. As it is, the examiner really has to "hit the ground running", and that is the way I would want it to be.

I have already mentioned that the Act requires the examiner to indicate, in his initial report, whether the "patient" can be saved. If the answer is "yes", the Act required him to go ahead with rescue proposals, put these proposals to meetings of the members and creditors, and report back to the court.

The company, examiner and creditors and members whose interests are impaired are entitled to appear and be heard at the court hearing, and there are provisions for creditors, who feel they will be unfairly prejudiced, to be heard. Furthermore, the court cannot confirm the proposals unless at least one class of members and one class of creditors whose interests are impaired accept them. Once confirmed, however, the proposals are binding on all parties. The court may make any necessary order for the implementation of the proposals, and where it refuses to confirm proposals, it can order the winding-up of the company or make such other orders as it deems fit.

As mentioned, the Companies (Amendment) Act, 1990, came into law on 29 August 1990. According to the most recently available Companies Registration Office records examiners have been appointed to 116 companies — 61 in the Goodman Group; six in UMP. In the most recently publicised case, United Meat Packers Limited, media reports have highlighted the delay in the payment of the moneys due to suppliers of product to the company while under the protection of the examinership.

There has been criticism of the statutory provisions on examinership because of the difficulties in the UMP case. Undoubtedly the collapse of UMP has caused real loss and distress to a number of parties, particularly the employees in the companies concerned and also farmers who provided cattle to the companies in the belief and expectation that they would be paid quickly.

I want to say clearly that it is my belief that the problems which have arisen in this case have not arisen because of the provisions of the law, but because of a much more fundamental reason — that the debts of the company were such that it could not be saved. An Act such as the companies (Amendment) Act, 1990, cannot save all companies which are threatened with insolvency. Neither can the Act be expected to provide for every circumstance that can arise when an examiner is seeking, in a short period of time, to find a way to save a company. Instead, the Act provides a means by which the High Court is involved in arriving at fair solutions to conflicting claims of creditors.

An Act such as this can only provide the framework in which a balance can be struck between the conflicting claims of different parties. The Act cannot set aside or disregard the rights of some creditors for the benefit of others. That can be done only by a court on the basis of a set of principles set out in the Act and which have due regard to the legitimate interests of all involved.

It is, of course, regrettable that a delay arose in the case of UMP in having payments made to farmers who had provided supplies to the companies concerned while they were under examinership. The High Court judge who dealt with this matter yesterday explained cogently how this problem had arisen. As he made clear, there did not appear to be any doubt that the sums due would be paid; the question was when? The judge went on to say that the UMP Receiver was anxious that farmers be paid in full or to the fullest extent possible immediately. The banks by whom the receiver was appointed accepted that it was in their own interests that the farmers be paid. I understand that following discussions this afternoon between my colleague, the Minister for Agriculture and Food and the Receiver, Mr. Donnelly, farmers who hold `examiner' cheques have been assured that if they present those cheques to the banks tomorrow morning they will be paid in full.

One of the main criticisms of rescue systems operating in other countries is that they are too longdrawn out and too costly. In the United States, for example, the "Chapter 11" procedure is, I think, generally considered, because of the costs involved, to be available only to the largest of companies and, indeed, that companies can seem to go on forever "in Chapter 11". I am convinced that, by keeping the period of court protection to three months, and by giving both the examiner and the court considerable flexibility and room to manoeuvre, the new system will be very useful alternative to either receivership or liquidation in appropriate cases.

As mentioned, the basic framework for examinerships was first published as Part IX of the Companies (No. 2) Bill as far back as early 1987. Since then, they have been the subject of the most detailed debate in the Oireachtas and of detailed submissions from many interest groups. Of course, it must equally be remembered that there previously was, and continues to be, existing legislation on the subject of company rescue, since sections 201 to 204 of the Companies Act, 1963, provided for court-sanctioned compromises or arrangements between a company, their creditors and members. However, the reality was that for various reasons these procedures were usually ignored as an option, with the result that many ailing but potentially viable companies may have needlessly gone to the wall over the years. There was, therefore, a compelling need for a new approach. The basic purpose of a rescue procedure is to encourage companies to identify and face up to problems at an early stage and to provide a mechanism for appropriate remedial action. It was vital to ensure that the Act was balanced, and equitable to all parties concerned, and I see the following features of the Act as contributing to this aim: first, close involvement by the High Court at various stages of the process; second, a clear definition of the role and powers of the Examiner; third, continuity of the business while the Examiner carries out his functions; fourth, the shortest possible period within which rescue plans must be drawn up and put in place, and finally, an assurance that the entire process is as cost-effective as possible, and within the resources of small as well as large companies.

I will conclude by saying that there can hardly be a greater guarantee of equity and fairness all round than the close involvement of the High Court in the proceedings involving the Examiner's appointment, in supervising his subsequent actions, considering his reports and hearing the views of other parties and, finally, in taking decisions as to the future of the company or companies concerned. The Oireachtas has been fit to so provide in companies legislation and there has been no evidence so far that the provisions have not been working effectively as designed.

With your permission, a Cheann Comhairle, and that of the House I would like to share my time with Deputy Rabbitte.

Is that satisfactory? Agreed.

I support the motion before the House. I wish to make it clear that I speak for our spokesperson. Deputy Noonan, when I say that the need for the re-establishment of Fóir Teoranta is obvious. However, we do not want a Fóir Teoranta, as Deputy Roche indicated, that would be interfered with. The Deputy referred to politicians interfering in the role of Fóir Teoranta in the past. Perhaps he was referring to Fianna Fáil who interfered on a regular basis with the workings of Fóir Teoranta. I do not like to hear Members of this House saying that politicians interfered with the workings of Fóir Teoranta. People should speak for themselves. A new Fóir Teoranta, like any other business, should be run on a commercial basis, and be allowed to make commercial decisions, despite the fact that they are run by the State. I would foresee a new Fóir Teoranta playing a completely new role as a rescue agency, with strict guidelines and approved procedures that would be carried out in the open. We should be able to see that the right commercial decisions were taken in the interests of the taxpayer. I do not want taxpayers' money squandered to save political necks in particular constituencies.

The reason for the motion is, no doubt, highlighted by the failure of United Meat Packers. I shall have a few remarks to make about that and, in particular, about the comments by the Minister for Industry and Commerce a few moments ago.

Ireland today is in a unique position in that it has several agencies involved in job creation, for example, the IDA, SFADCo and Údarás na Gaeltachta. They spend large sums of taxpayers' money on the creation of jobs but we do not have one agency to rescue businesses in trouble. The Culliton report shows that in the period under examination by that group £1.6 billion of taxpayers' money was spent on direct grants to industry. The number of jobs created for that huge sum shows up the tremendous cost to the taxpayer, which continues today. Those figures do not take into account the loss of revenue to the State as a result of tax breaks given to various companies or the cost to the Exchequer of training and education. I am not saying that we should not invest in the creation of jobs but I am drawing attention to the fact that we have many agencies concentrating on the creation of jobs but no agency to rescue jobs in trouble.

Many of the companies in which jobs have been lost — UMP in particular — were Irish-based and provided significant employment in rural areas. Valuable jobs were provided by industries who sourced much of their inputs here compared to foreign-based companies who, as indicated in the Culliton report, source only about 4 per cent of their inputs here.

It does not make sense to spend vast sums of money, at horrific cost to the taxpayer, on the creation of new jobs through various agencies when we do not have a rescue agency working towards the preservation of jobs already in existence. Companies have gone out of business because they had no venture capital available to them. That is the reason we need a rescue agency.

The Minister said the reason UMP failed was that the company had become insolvent. Who is the Minister to say that the company had become insolvent? As my party's spokesman on Industry and Commerce at the time, I was involved in processing the companies legislation and setting up the office of the examiner. In the case of UMP the examiner did not get an opportunity to complete his work because there were no funds available to him. If the Minister says that the reason UMP folded up was that they were insolvent from day one, one must question this legislation and the role of the High Court judge who decided on day one that an examiner should be appointed. Why did the court agree to the appointment of an examiner if the Minister now says it was all a farce because the company were insolvent? Who is the Minister for Industry and Commerce to tell us the company were insolvent? That was a matter for the examiner, under procedures set down in legislation.

He was obliged to report back to the court within 21 days and set out a rescue package to save the company. How can the Minister, the person responsible for the legislation, say that the company were insolvent thus leading to their closure, when the examiner did not have an opportunity to complete his work?

The reason the examiner did not get an opportunity to complete his work is that he needed £7 million but the banks would not give him that amount. The banks gave the examiner £3 million, which was not sufficient for him to complete his work. The Dáil Official Report of August, when the legislation was debated, shows that I said that the one question that had to be answered was where the money would come from. I asked who could save companies or jobs without access to funds. The fundamental weakness in that legislation was that the examiner from day one could not be guaranteed funds. An examiner must have funds available. The banks will not advance the money if there is the slightest chance that a company might ultimately become insolvent because in that instance they lose their priority for debts due to them. That is why they are slow to advance more money. The Minister was right when he said that any funds advanced to the examiner under court protection and with the approval of the court have priority and are guaranteed as the examiner's expenses. The court will not give authority to the examiner to borrow more than the value of the assets of the company.

The legislation is well intentioned and has potential but it cannot work unless funds are made available to the examiner. An examination of the Dáil Official report will show that I also made this point during the Committee Stage debate on the Companies Bill. It was politically foolish to abolish Fóil Teoranta and at the same time set up the office of examiner without determining the way the procedure would work. Had Fóir Teoranta been operating the UMP examiner would have been in a position to approach that body, get his £7 million and continue trading. There would not have been any loss to the taxpayer because the £7 million advanced would have been guaranteed under the legislation. A rescue agency such as Fóir Teoranta would have saved the jobs.

We should not put all our eggs in one basket, spend huge sums of taxpayers' money, borrowed money, on job creation and, at the same time, ignore the jobs being lost every day. In fact, there are so many companies closing down daily that the news hardly gets one line in the newspapers. Businesses going out of existence is becoming too common.

I should like to refer to comments by the Minister last night when criticising this motion. He talked about the waste of taxpayers' money in a rescue agency such as Fóir Teoranta. The Minister, and the Government, have shown no interest in saving existing jobs. They did not come in here offering a solution. We did not even have a proper debate in this House on United Meat Packers. This affects not just one company; it affects regional policy, it affects the whole of the west and extends beyond the point of saving one single company. This is about keeping people in rural Ireland, keeping the west and other parts alive. There is a wider social aspect to this whole issue than merely the 900 jobs that have been lost. This is a much deeper political issue than a strict economist view of whether it is or is not viable.

We are being told it will cost the taxpayer in the region of £45,000 — there are various figures being advanced — to create one new job. The cost of a new job is horrific compared with the amount that would be involved in the restructure of existing companies and/or their maintenance. I repeat that the legislation providing for the examiner was well intentioned, deserved support and will deserve support in the future; but we should not appoint someone an examiner, tie their hands behind their backs and let them pray that somebody will send money down from the skies so that they can perform their task. It is up to the Government of the day to say: yes, we want this. The House supports it. We will ensure that funds are made available. It is the job of Government to ensure we have a banking system capable of supplying commercial capital. Indeed, if the commercial sector do not do so, I have no hang-ups about saying that if the State can do so profitably, at no expense to the taxpayer, as it can in this case, why should the State not do so? Yes, charge the going rate, the interest rate charged by the banks; but just make the money available, giving the examiner the chance to save these jobs.

We do not want to hear Ministers come into this House telling us that the reason United Meat Packers failed was because the company was insolvent anyway. That is the Minister making a laughing stock of his legislation. I would ask the Minister of State present, if that was the case why the High Court agreed in the first instance to the appointment of an examiner, if that company had been insolvent from its inception? In such circumstances an examiner should never have been appointed. That is not the intention of this motion.

I want to refer now to a point made by Deputy Bell's colleague, Deputy Ferris, last evening when, much to my amazement, he spent the bulk of his contribution criticising the Fine Gael Party for having tabled this motion, giving the impression we were a group of right wing extremists who cared about nothing but profit and capitalism. I should like Deputy Ferris to know — and I should like this to be recorded — that when the Fóir Teóranta Bill was presented to this House we, as a party, opposed it. In fact, I went to the bother of checking today the result of the vote on Second Stage, held on 19 June 1990, which was 73 to 68. Therefore, Fine Gael did vote against the abolition of Fóir Teoranta. Fine Gael did vote against the abolition of NADCORP. Fine Gael oppose the Government's lack of policy in the overall area of job creation, the survival of existing jobs and the creation of new ones. Whether we like it or not, since 1987 the Minister for Industry and Commerce appears to have an opinion on everything but the activities of his Department. I have yet to hear him come out forcibly with one bright idea in relation to job creation. Yet he has an opinion when it comes to every other aspect of Government — for example, who should be a candidate for the Presidency; who should hold what position on committee. He has an opinion on everything but I claim he is a total disaster as Minister for Industry and Commerce. He even contradicted himself this evening when he spoke about this legislation. He does not even know what it is about. He gave us a rundown presumably prepared by his civil servants, whom I compliment because it is very clear; but for a Minister for Industry and Commerce to say that United Meat Packers failed because the company had been insolvent from its inception and then continue to applaud the legislation appointing the examiner, when the examiner was never given an opportunity to complete his task, is totally unacceptable. Who is he to lecture us on whether the motion before the House is a good or bad one?

I should like to say something about our commercial banking sector. The reason many of us public representatives are contacted regularly by individuals struggling to remain in business is because our banking system — I do not want to appear to knock the banks for the sake of doing so — has come to a standstill. It is impossible for bright young people — people on whom we have spent a fortune educating, training and encouraging to acquire entrepreneurial skills and attitudes — to get one penny to start up a new business here. The one most valuable asset we have is comprised of the skills, ability and intelligence of our young people. Because we do not make capital available to them to use those skills to start businesses for themselves, rather than seeking employment from somebody else, they are not given even a fair chance. There is no finance available to assist them in initiating such new businesses. If one can walk into a bank and give personal guarantees, one will get finance. If one has a lot of personal wealth one will experience no difficulty in borrowing money. If one has fixed assets one will experience no difficulty in borrowing money. But who in their right mind would not loan money in those circumstances? There are now almost 300,000 people unemployed. We have a very young population. Our taxpayers expend large amounts of money educating and encouraging our young people to advance as far as possible in education. But what do we do with them when they reach the point of being ready for the job market, when they have acquired the ideas and ability and have the will to get going. Nothing. The reality is that nobody will lend them money. I claim it is the responsibility of the Government of the day, whoever they may be, to ensure we have a banking system that operates effectively, ensuring that venture capital is available to help people in existing businesses and others to start up new ones.

In the few minutes remaining to me I want to point out that when the present Taoiseach, then Minister for Finance, came into this House to abolish Fóir Teoranta he gave a number of reasons for his actions. The main reasons he advanced are no longer acceptable. For example, he said the economy had picked up and there was little demand for the intervention of Fóir Teoranta. It is now self-evident that that is no longer true. Whether or not we like to admit it, our economy is in crisis. Job losses mount on job losses daily. The Government have not one single idea how to overcome that difficulty.

The Government came up with the idea of a jobs committee. In that respect a most extraordinary position has arisen. The idea of a jobs forum was promoted by Fine Gael through our party Leader, Deputy John Bruton. It was something badly needed, a good, practical idea in an endeavour to resolve the difficulties confronting all of us as a nation. What has happened? Through proper public relations and good handling on the part of certain people representing the Government, Fine Gael are now being blamed for not participating in a jobs committee. It was a unique, skilful exercise in public relations. We in Fine Gael propose something as a bright idea and at the end of the day we are blamed for not participating.

When we proposed a jobs forum we were serious about it. If we are to have a jobs forum, let us have a really serious jobs forum. Let us have Ministers available to discuss with their Opposition spokesperson ways and means of clearing the blockages in relation to job creation here. But let us not have another committee to be chaired by some backbencher who may have been disappointed he did not get a Ministerial post; a committee comprised of others who may ramble in and out of committee meetings, as we witness on a daily basis, who believe they have fulfilled their function by merely attending such committee meetings.

No doubt at times the clerk to the committee will have great difficulty in getting a quorum. It was never the intention of the Fine Gael Party in proposing the establishment of a jobs forum to have that sort of set up. If we are going to have a jobs forum the people who make the decisions, that is, the Government, should attend the committee — it is the very least they can do considering the fact that they have no other ideas — where they can discuss with their opposite numbers from the Opposition parties ways and means of dealing with the problem of unemployment. They should not shove this issue into another committee manned by disappointed and disillusioned backbenchers of the Government party together with the Opposition spokespersons. We should sit down and talk about the real issues and involve the social partners and the unemployed people who know what it is like not to have work. We should not once again start fighting with each other to see who wins the PR war. That is what has happened in this case. I have to admit that the PR war is being won by the Government at present. However, this will not solve the problem. The problem will still exist.

Unfortunately, I have run out of time and there are many other points I would like to have made. In the interests of doing something positive to create jobs, save jobs and make the legislation in relation to the examiner worthwhile I ask the House to support this motion. If new rules and regulations have to be laid down for Fóir Teoranta I will accept that as I recognise the need for them. I do not want the taxpayer to be throwing good money after bad. That is not what we are proposing. In the case of an examiner having been appointed, any moneys advanced by the rescue agency would be guaranteed at no loss to the taxpayer.

I call Deputy Pat Rabbitte who must conclude at 8.10 p.m. at which stage, I am sorry to tell Deputy Bell, I must call the Minister of State at the Department of Justice, Deputy O'Dea.

First, I thank Deputy Barrett for sharing his time with me, and I should like to start my contribution at the point he left off. He referred to how dramatically circumstances have changed since the Minister brought legislation before the House to abolish Fóir Teoranta. As I recall it, on that day the Minister basically outlined four reasons for the abolition of Fóir Teoranta. The first was that interest rates were at their lowest for a decade. That situation has changed beyond all recognition. Second, he said that inflation was at a very low level. Inflation is still at a reasonably low level but it is on the up at present. Third, the Minister said sufficient funds were available to the business expansion scheme to make the necessity for Fóir Teoranta obsolete. We know we have made drastic changes in subsequent Finance Acts to curtail the business expansion scheme. This is quite proper as there were some disgraceful abuses of that scheme but that reason is no longer valid. Fourth, the Minister anticipated the introduction of the Companies (Amendment) Act, 1990, to specifically set up the examiner process. He said that this would provide a mechanism which would deter creditors for a period. These were the four reasons advanced by the Minister for the abolition of Fóir Teoranta. As Deputy Barrett rightly said, those four reasons have changed utterly.

It is correct that our attention ought to be focused again on the necessity for a rescue agency for potentially viable enterprises — I emphasise the term "potentially viable enterprises"— who have short term cash flow difficulties. I have very serious doubts about whether we should regress to the old style Fóir Teoranta because I am satisfied that too often in the past Fóir Teoranta were used as a milking cow for inefficient business. Frequently the damage was already done when companies resorted to the services of Fóir Teoranta. In these circumstances these firms very often went to the wall anyway. Many companies who resorted to Fóir Teoranta for assistance did so because of inherent managerial weaknesses rather than for financial reasons. In addition, the manner of operation of Fóir Teoranta sometimes seemed to expose them to intolerable political pressure which ignored stark commercial realities. Indeed, the nature of the political appointments to the board of Fóir Teoranta on occasions enhanced the potential for conflicts of interest. Finally, the commercial banks were happy to be able to pawn off bad risk customers onto Fóir Teoranta.

I am not in favour of a simple regression to the old style Fóir Teoranta who too often were regarded as a soft touch by the inefficient Irish businesses. Neither do I think that the taxpayer always got good value for the money spent through Fóir Teoranta. Of course, it is indisputable that there were some success stories, but there were also many casualties. The figures being bandied around in this debate in regard to the number of jobs saved by Fóir Teoranta, which range between 29,000 and 40,000, are expressly exaggerated. I do not believe that the companies who retained that number of jobs can say in all accuracy that they were retained because of Fóir Teoranta intervention.

Having expressed these reservations about the functioning of the old style Fóir Teoranta, I am convinced of the necessity for some combination of rescue agency — venture capital company for potentially viable enterprises with short term difficulties. I concur entirely with the remarks made by Deputy Barrett about the availability of venture capital. Most businessmen today will tell you that unless they can secure loans, produce collateral, give personal guarantees etc., it is extremely difficult to get working capital for potentially good enterprises. I want to emphasise that I am talking about potentially viable enterprises because I see no merit in throwing good money after bad when it is evident that the firm in question are not viable or would be better dealt with by being transferred to more substantive owners through the normal receivership-liquidation process.

It is noteworthy that the reasons given by the Minister for Finance in 1990 for the abolition of Fóir Teoranta are no longer valid, if indeed they ever were. I want to draw the attention of the House to a remark made by the Minister in the debate on 31 May, 1990, and I quote:

Venture capital funds also exist on a significant scale, within an important role in this regard being played by public sector agencies such as NADCORP...

I suggest that it will come as a great surprise to business people to learn that this venture capital is available on this grant scale. As the House knows, we have abolished NADCORP since then. I believe we never permitted that body to function as was envisaged.

My party consider that the necessity for a rescue agency for potentially viable enterprises should be provided in the context of an overall review of industrial strategy. There is no reason a division of the IDA or a specialist division of the ICC could not provide this service. More important is the necessity to equip any such agency with the professional expertise to tackle the inherent managerial weaknesses which have often contributed to firms being put on a life support system. In our document, A New Agenda for Industry, we recommended an executive tack force system where professionals could be deployed to work closely with the firms concerned.

I was not entirely won over by the very defensive prformance of the Minister for Industry and Commerce in defence of the examiner system. There are good reasons that the examiner process should be looked at. Deputy Barrett referred to the UMP case. I could draw the attention of the House to a factory in my constituency, Atlantic Magnetics, with which the Minister for Industry and Commerce is familiar, where the examinership process failed and where certain inherent weaknesses in the examiner process were highlighted. There is a necessity to look at this process again.

It is proper to emphasise the necessity for job retention because, at a time when we are talking about the scale of the mountain we have to climb in terms of job creation, it is crazy to lose jobs every day which need not necessarily be lost. Because of the banking system it is virtually impossible for many of the major domestic commercial banks to raise money for useful purposes for potentially viable jobs.

I take this opportunity to reiterate some of the main points made by the Minister here last night.

The fundamentals of the economy and the public finances are in good shape. In spite of recessionary conditions in our main export markets, GDP growth was about 2 per cent last year, with industrial exports rising by over 6½ per cent. Despite our difficulties, non-agricultural employment increased by 4.3 per cent in the period 1988-91. Nominal after tax incomes should rise by about 6 per cent this year. Given the return of many former emigrants as job opportunities abroad dry up, and the cessation of emigration, average unemployment here is, unfortunately, likely to rise again this year.

This Government have taken a number of steps to combat unemployment. They have implemented the new employment subsidy scheme, and the employment training scheme, designed for a total of 25,000 places. The area partnership schemes envisaged under the Programme for Economic and Social Progress to combat long term unemployment are up and running in 12 pilot areas. The recent Report of the Industrial Policy Review Group represents a significant input to our approach to industrial policy and to how that policy can contribute to increasing employment and living standards. The task force to follow up on their recommendations, with the Task Force on Employment, will report to a committee of Ministers headed by the Taoiseach in order to accord the highest priority to this problem.

On Fóir Teoranta, a number of points spring to mind. Fóir Teoranta were never in a position to remunerate Exchequer advances made to them over the years and, at the time of their wind-up, the Exchequer had to write off £75 million of the £87.5 million then outstanding. Further, despite their main function of keeping firms and jobs in existence, the fact is that overall employment in manufacturing industry declined from 216,700 in 1973 to 182,900 in 1988. In the years following their closure, manufacturing employment actually increased, back up to 194,000 in 1991. Therefore, it would be very difficult to sustain an argument that the winding up of Fóir Teoranta had any negative impact on employment in the manufacturing sector, which was the sector in which they operated.

Furthermore, it is very noticeable that industry itself did not object to the closure of Fóir Teoranta, nor has there been any demand from industry for their re-establishment. Industry has long since recognised that the Government's job has much more to do with creating the right overall economic conditions which facilitate the creation of long term sustainable employment. Thus, non-agricultural employment in the private sector rose by over 70,000 in the period April 1987 to April 1991. The Government's actions affecting areas such as interest rates, inflation, Exchequer borrowing, reform of the tax system etc, are far more insignificant than interventions at the individual firm level. The Culliton report on industrial policy, which has been accepted broadly across all sections of industry, saw no place for a body such as Fóir Teoranta and indeed the whole thrust of that report would be against such State interventions. Indeed, it seems extremely doubtful if the European Commission would accept the establishment of such a body today.

It should be remembered that the IDA provide management guidance and support through a number of schemes outlined by the Minister last night. They can also take a hand in restructuring cases, by helping new owners or investors in ailing firms to put together a commercially viable operation using the assets, skills and expertise already in existence. Further, over £1 billion of expenditure supported by the Structural Funds will be spent on industry over the five year period ending in 1993.

As regards the Examinership provisions of the Companies (Amendment) Act, 1990, the Minister for Industry and Commerce has already dealt with this matter. Suffice it to say that it would not be possible to justify the re-establishment of a body such as Fóir Teoranta to supply working capital to examiners. Given that the expenses of examiners are a first charge on the assets of the company concerned, there should not be a need for State intervention. Further, I am not aware of any company who have gone into liquidation as a result solely of the examiner being unable to obtain working capital. It is not difficult to imagine that Fóir Teoranta if they were in existence, would be regarded as an easy source of financing in examinership cases, and could even assume the role of alternative banker, as happened in the past when the banks were not very eager to participate along with Fóir Teoranta in rescue cases.

We are all very much aware of the difficulties being experienced by small creditors in the UMP case. There appears to be a timing problem involved here. However, we are all hopeful that this matter will be resolved satisfactorily very shortly following the outcome of the recent High Court action.

To sum up, this Government are serious in their determination to tackle unemployment by bringing about major improvement in the economic fundamentals, which is the best way towards creating and retaining long term sustainable employment in our economy. The resurrection of a body like Fóir Teoranta forms no part of that strategy and would involve turning back the clock, instead of progressing with sound economic and industrial policies. It would not be in the best interests of the taxpayers of this country.

In the circumstances, I strongly commend the Minister's amended motion to this House.

I propose to share my time with Deputy Noonan (Limerick East).

Is that agreed? Agreed.

The Minister said that he was not aware of any company having gone into liquidation as a result solely of the examiner being unable to obtain working capital. If Fóir Teoranta had not been abolished in 1990 the UMP company could now be saved. No effort was made by the Government to save them. The Minister and the Government should take this matter more seriously than they appear to be taking it at present.

The first thing the Government should do is to ensure that farmers' cheques are paid. As late as today, farmers still have worthless pieces of paper in their pockets as a result of the receivership. A widow showed me a cheque for £308.61p yesterday which had been issued on 26 February 1992. "Under the protection of the court" was printed on the top left hand corner under "United Meat Packers". While people may say that £308.61p is not a large amount, it is to that lady who had a reactor animal collected from her by the Department of Agriculture and sent to United Meat Packers in Ballyhaunis. Since then she has been unable to obtain any money for her cheque.

Farming organisations are making great play of the fact that farmers will not supply stock, etc. There is no need for the farming organisations to make that play because nobody would be expected to supply stock to a factory when they cannot get money for the cheque issued. Six weeks after the cheque has been issued they still cannot get money. Tomorrow is the vital day in regard to this matter. I appeal to the Minister for Industry and Commerce and to the Taoiseach — who was elected as a result of his regard for the west — to ensure that farmers who received cheques get money for them before anybody says that stock should be supplied to those factories. It is no good saying when the closing dates for tenders are up on Friday that Goodman or some other company can buy those factories, because that would result in a monopoly in the west, which would be disastrous. Already 40 per cent of sheep killed in the west were killed by the UMP factories; about 80 per cent of the Connemara hill lambs were killed in the UMP factories in Ballyhaunis. No other factory can cater for this because the proprietors had built up a special trade for those lambs in Europe and the Eastern countries. As a result, other factories would not be interested in having this kind of trade.

The Minister of State is present to represent the Government and may I ask if he or the Government have any interest in the west, in maintaining viable industries in the west, or in the far-reaching repercussions of factory closures? If they were interested in the west they would ensure that the UMP cheques paid to farmers would be honoured and the farmers would get their money tomorrow. I gave an example of only one cheque, but there are many instances where cheques to the tune of £10,000 or £11,000 are outstanding in payment for all cattle the farmer reared for the year, which were sent to the factory to be killed in February, and still the farmers has not received any payment for them. This indicates the complete disregard of this callous Government for the west. I ask the Minister of State to get this message to the Taoiseach and the relevant Ministers in order to ensure there is money to meet the farmers' cheques tomorrow.

(Limerick East): First, may I thank the other parties for supporting this motion in my name on behalf of the Fine Gael Party, the Minister for Finance who took the debate last night and gave a very full reply and the Minister of State who is present for the conclusion of the debate tonight? It seems to me that the main thrust of the case put forward by the Minister for Finance was that we were firmly on the road towards a market economy on all fronts; that old fashioned mechanisms such as intervention by state companies to rescue companies at risk, or rescue the jobs in those companies where no longer needed. As the Minister said, intervention by state agencies to rescue companies and jobs was putting back the clock and was no longer needed because we were going down the road to a free market economy and in the case of a problem the examiner sections of the Companies (Amendment) Act were adequate to deal with any emergency.

I suggest the Minister is wrong on both counts. First, we are a long way from a free market economy at present. The Progressive Democrats, and indeed the Minister for Finance and other Ministers with economic portfolios, use all the language of free market economies, they expound all the theory of free market economics but even a cursory glance at our economy, as the Culliton report will show, indicated that it is bedevilled by intervention and we do not have the free market economy that the theorists on the Government side are propounding. For example, last night the Minister said that marvellous progress had been made in making the tax system more pro-jobs, moving it away from capital investment and providing the taxation environment that is necessary for enterprise. That theory has been expounded in the Book of Estimates speech, in the budget speech and it will be expounded again when we come to deal with the Finance Bill. What happened in actual fact in the budget was that all the theory was expounded but when it came to abolishing tax breaks, reliefs and the various gaps through which the professionals can steer their clients, only £37 million was gathered by the Minister for Finance and £17 million of that will, in the next nine months, be taken from the changes in benefit-in-kind on company cars. There has been no switch in relieving the burden of taxation on jobs and increasing the burden of taxation on fixed assets. The Culliton report pointed this out among other things and the Government response is to set up a task force to examine the recommendations in the Culliton report.

If we examine the way we deal with energy we know that maintaining Whitegate adds 15p or 16p to the price of a gallon of petrol or diesel. The Culliton report recommended that the Whitegate mandate should be terminated. I know the reason the Government were not enthusiastic about that proposal in the Culliton report, so they will ask the task force to look at that. It is a clear example that whatever we call it, it is not free market economics when an arrangement is in place under the direction of the Government that artificially keeps up the price of petrol 15p or 16p higher than what it should be. The Culliton report also recommended that NET, which is now known by a new name, would pay an economic price for gas to Bord Gáis Éireann. Again, there was no great enthusiasm from the free marketeers, as represented by the Minister for Energy, to accept this. I know that the political problems that will arise in the main industries around Cork harbour weigh heavier on the present administration than the theory they expound of free market economics.

It was also recommended in the Culliton report that the Industrial Development Authority would be abolished and that it should be replaced by two agencies: one manned from the present resources of the IDA which would deal exclusively with attracting foreign investment into the country, and another which would be dedicated to the promotion of indigenous industries, and that the agency that would deal exclusively with indigenous industry would operate in the regions. SFADCo would be a regional department of the new agency and Údarás na Gaeltachta would be another. I did not see the Members opposite making a mad dash to implement that recommendation either.

While the Government, and especially the "Lilliput" partner in Government, talk in terms of free market economics, when it comes down to actually making decisions they do everything rather than take free market economy decisions. If I thought we were going straight down the road which the Minister for Finance points to, I would not put down a motion to restore Fóir Teoranta, but, in the kind of economy we have, Fóir Teoranta are necessary because companies are folding up all the time and we need a body like Fóir Teoranta to intervene, to save jobs and to rescue companies. In the last five years that they operated, they rescued 24,800 jobs and they intervened in hundreds of companies right across the country. I know they lost money since 1972, and a great deal of money was written off since 1972, but why hold up the example of the money that was written off which Fóir Teoranta invested in the highest risk areas of the economy, companies that were dying on their feet and had to be rescued, when nobody holds up the tab from the Industrial Development Authority? How much money did they pay out in grant-aid to start up industries that went down the tubes in the past 18 years? How much money from SFADCo and Údarás na Gaeltachta went down the tubes? We have the most interventionist economy outside the Eastern Bloc countries. If the Government are intent on dismantling all the interventions and were to take on board the recommendations in the Culliton report, I could understand their attitude to this proposal, but the type of economics that they practise is consistent with re-establishing Fóir Teoranta.

Both the Minister for Finance and the Minister for Industry and Commerce have both maintained that the examiner provisions in the Companies (Amendment) Act are an adequate replacement for the work that Fóir Teoranta did and that an examiner appointed under the auspices of the court can examine whether the company are worthy of rescue and subsequently get a mandate from the court and go ahead and trade that company out of their difficulties. What happens in practice is that the examiner is appointed and comes back to the court after 21 days — I do not know of any case where the courts do not proceed further — but when he tries to proceed further, he needs working capital. The company's creditors will not advance working capital and he cannot in effect go to the company's bank and get working capital from the bank because when he attempts to do that the banks find that all the expenses of the examiner will have first call on the company's assets. When a bank provides an examiner with working capital they are moving themselves down the preference scale and in effect they are worsening their own position. They are cutting their own throats. Banks are not State organisations or philanthropic bodies. They are there to make a profit. What banker would willingly move the bank's existing debt further down the scale of claims and assets by providing working capital to an examiner? These difficulties have been very well illustrated in the case of UMP. I am glad to learn tonight that the courts have sanctioned the £2.5 million that is owed to farmers, but what about the 700 workers who have lost their jobs?

They will get them back.

(Limerick East): Who is going to provide for them and their families? Where are the substitute jobs from the free market economic theory that is being broadcast from the other side of the House, when there is no element of it being implemented in reality?

A Leas-Cheann Comhairle, I know you are disappointed that I have run out of time because you are listening to me very carefully. We will be pressing this motion to a vote because there is an illogicality in the Government's position. That illogicality has been illustrated in the course of this debate, as have the gaps in the Companies Act since the Goodman affair in August 1990, which was the first time it was introduced. The series of appointments of examiners since that legislation was enacted has worked very indifferently and it does not serve as a mechanism for rescuing companies in difficulties which deserve to be rescued.

Amendment put.
The Dáil divided: Tá, 67; Níl, 56.

  • Ahern, Bertie.
  • Ahern, Dermot.
  • Ahern, Michael.
  • Aylward, Liam.
  • Barrett, Michael.
  • Brady, Gerard.
  • Brennan, Mattie.
  • Brennan, Séamus.
  • Briscoe, Ben.
  • Burke, Raphael P.
  • Calleary, Seán.
  • Callely, Ivor.
  • Clohessy, Peadar.
  • Collins, Gerard.
  • Connolly, Ger.
  • Cowen, Brian.
  • Cullimore, Séamus.
  • Daly, Brendan.
  • Dempsey, Noel.
  • Leyden, Terry.
  • Lyons, Denis.
  • Martin, Micheál.
  • McCreevy, Charlie.
  • McDaid, Jim.
  • McEllistrim, Tom.
  • Molloy, Robert.
  • Morley, P.J.
  • Nolan, M.J.
  • Noonan, Michael J.
  • (Limerick West).
  • O'Connell, John.
  • O'Dea, Willie.
  • O'Donoghue, John.
  • Dennehy, John.
  • de Valera, Síle.
  • Ellis, John.
  • Fitzgerald, Liam Joseph.
  • Fitzpatrick, Dermot.
  • Flood, Chris.
  • Flynn, Pádraig.
  • Foxe, Tom.
  • Gallagher, Pat the Cope.
  • Geoghegan-Quinn, Máire.
  • Harney, Mary.
  • Hyland, Liam.
  • Jacob, Joe.
  • Kenneally, Brendan.
  • Kirk, Séamus.
  • Kitt, Michael P.
  • Lawlor, Liam.
  • Lenihan, Brian.
  • Leonard, Jimmy.
  • O'Hanlon, Rory.
  • O'Keeffe, Ned.
  • O'Kennedy, Michael.
  • O'Leary, John.
  • O'Malley, Desmond J.
  • O'Toole, Martin Joe.
  • Quill, Máirín.
  • Roche, Dick.
  • Smith, Michael.
  • Stafford, John.
  • Tunney, Jim.
  • Wallace, Dan.
  • Wallace, Mary.
  • Walsh, Joe.
  • Woods, Michael.
  • Wyse, Pearse.

Níl

  • Ahearn, Therese.
  • Barrett, Seán.
  • Bell, Michael.
  • Belton, Louis J.
  • Boylan, Andrew.
  • Bradford, Paul.
  • Browne, John (Carlow-Kilkenny).
  • Byrne, Eric.
  • Connaughton, Paul.
  • Connor, John.
  • Cosgrave, Michael Joe.
  • Cotter, Bill.
  • Currie, Austin.
  • D'Arcy, Michael.
  • Deasy, Austin.
  • Deenihan, Jimmy.
  • Doyle, Joe.
  • Dukes, Alan.
  • Durkan, Bernard.
  • Enright, Thomas W.
  • Ferris, Michael.
  • Finucane, Michael.
  • Flaherty, Mary.
  • Flanagan, Charles.
  • Gilmore, Eamon.
  • Harte, Paddy.
  • Higgins, Michael D.
  • Howlin, Brendan.
  • Kavanagh, Liam.
  • Kenny, Enda.
  • Lee, Pat.
  • Lowry, Michael.
  • McCartan, Pat.
  • McCormack, Pádraic.
  • McGahon, Brendan.
  • McGinley, Dinny.
  • McGrath, Paul.
  • Mitchell, Gay.
  • Mitchell, Jim.
  • Moynihan, Michael.
  • Nealon, Ted.
  • Noonan, Michael.
  • (Limerick East).
  • O'Shea, Brian.
  • O'Sullivan, Gerry.
  • Owen, Nora.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Reynolds, Gerry.
  • Ryan, Seán.
  • Sheehan, Patrick J.
  • Sherlock, Joe.
  • Spring, Dick.
  • Stagg, Emmet.
  • Taylor, Mervyn.
  • Taylor-Quinn, Madeleine.
  • Yates, Ivan.
Tellers: Tá, Deputies Dempsey and Clohessy; Níl, Deputies Flanagan and Boylan.
Amendment declared carried.
Question, "That the motion, as amended, be agreed to" put and declared carried.
Barr
Roinn