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Dáil Éireann díospóireacht -
Thursday, 6 Apr 1995

Vol. 451 No. 7

Adjournment Debate. - EU Commission Penalties.

I am grateful to you, Sir, and the Ceann Comhairle for having given me permission to raise the matter of the fine proposed be imposed on Ireland in respect of malpractices within the beef industry.

Indeed since I put this topic down for debate yesterday the position has deteriorated further by the news that it is now proposed to increase the fine by a possible additional £25 million in respect of breaches of the tendering regulations and because of the loss of beef in intervention in a fire at a cold store in County Roscommon in respect of which there appears to be a problem about insurance on the part of the Department of Agriculture, Food and Forestry.

In addition to these penalties, which amount to slightly in excess of £100 million, I established, at the meeting of the Committee of Public Accounts this morning, that the taxpayer suffered a further loss of £65.4 million in intervention exchange losses on foreign currency transactions in 1993, not reimbursable from the European Union. I find it incredible that, whereas the Department was liable to make payments in Irish £s, it conducted nearly all its borrowings in foreign currencies and seemed to have done nothing to cover the exchange risk involved. Because it is taxpayers' money nobody seems to be terribly concerned about its loss but, if this were to happen in a private company, there is no doubt that those responsible would be dismissed from their employment. It also appears that the Department of Agriculture and Food has no proper treasury management system even though it deals in vast amounts of foreign currency. For example, its outstanding borrowings in 1993 in foreign currency appear to have exceeded £650 million, held without any hedging or cover. That amounts to gross negligence, again the beneficiaries being Irish beef companies who never appear to lose out in such circumstances but for whom the Irish taxpayer carries the can if by any chance the European taxpayer fails to carry it for them.

It is worth noting that the penalties by the European Union Commission in respect of the years 1990 and 1991 were at the highest level possible, namely, 10 per cent of all intervention payments. Earlier smaller penalties had been increased to the maximum level when the relevant financial controller within the Commission saw the extent of the malpractice and the extremely limited, half-hearted efforts on the part of our Department of Agriculture and Food to cope with or control them.

It is also worth reminding ourselves that as far back as 1989, when various malpractices were raised and accurately referred to in this House, the then Taoiseach accused the Members concerned of "trying to sabotage the entire beef industry in this country". The then Minister for Agriculture, Deputy Michael O'Kennedy, replied "all requirements of European Community and domestic law are being adhered to". Of course, that statement was untrue and the question arises whether he knew that when he made it.

It has now been further established that, although various bonds and other securities were in place, when the different intervention and export refund payments were made by the Department, all those bonds and securities appear to have been allowed to lapse. Several of the companies involved have since gone out of business or changed hands. It appears that the prospects of the Exchequer recovering any worth-while proportion of the penalties likely to have to be paid are fairly poor. Frankly, I find it very hard to stomach. The profits made in the Irish beef processing industry over the past ten years were enormous, a proportion of which were earned in circumstances which, to say the least, were dubious. Nonetheless, there is rarely an attempt by the Department to recover anything which is due or improperly obtained.

There has been a climate of fraud in this industry. The latest of many demonstrations of that is the fact that two people found it necessary to plead guilty in the Circuit Court to conspiracy to defraud as recently as yesterday. Those people are junior employees of a firm. It is remarkable that it is junior employees and a journalist, who blew the whistle on much of this activity some years ago, who are the only people who have stood in a court as a result.

I would like an assurance from the Minister that what has been going on during the past six or seven years will come to an end and that this type of activity will not be tolerated any longer. There is at least some advantage in that it has now come out into the open that huge penalties are being imposed on Ireland as a result of what has taken place. It has made people conscious of what has been happening. Hopefully a handful of people like myself and a few others will no longer be voices in the desert crying out, almost on our own, and trying to call a halt to what has gone on for so long.

I am glad to have this opportunity before the House goes into recess to speak on this issue. I am going before the European Affairs Committee next Tuesday at 2.30 p.m. I want to learn the lesson signalled by the chairman of the beef tribunal that if Dáil questions were answered fully here there would be no need for the beef tribunal. I want to give full and frank information to the House on all occasions. I regard this matter as being of the utmost gravity and seriousness and it is receiving the highest priority for me as Minister and my Department officials.

The fine of £74.5 million general disallowance arises out of a special inquiry into the operation of the beef intervention system in Ireland, conducted under Article 9 of regulation 729/70. It relates to a 10 per cent disallowance for the years 1990 and 1991. There has been some confusion about this. Three other member states have also been fined.

The level of disallowance causes me great dismay and I share the general sense of shock felt by taxpayers and others by its size. At a political level, I assure the House that I will pursue this matter with the Commission and I hope I will do so with the necessary rigour and transparency. Our response will be on the basis of the actual facts, reasonable interpretation of the facts in accordance with applicable Community and Irish law and the precepts of natural justice. Every effort will be made by me to relieve the financial burden being imposed.

I stress the fines are at a provisional stage, they are not at any stage of finality. Only yesterday, in relation to the multiple tendering proposed fine of £17 million, we were before the conciliation body and we will avail of every opportunity to seek to mitigate, reduce and eliminate some of these fines. It will then be a matter for the Commission to make a decision. The Government still has a right to go before the European Court of Justice. On multiple tendering, I will advise the Government to take that course of action if there is not a satisfactory outcome.

DG 6 — the Agricultural Commission — recommended a 5 per cent disallowance which would be half the sum, £74.5 million, mentioned by Deputy O'Malley and DG 20 had the higher figure. I consider the proposed fine to be at variance with the technical advice given to me in terms of yields and eligible material. I have major reservations on the validity of the conclusions drawn from such a small number of on-site investigations and the relatively small sample sizes taken. Most important, I emphatically reject the proposed level of disallowance as being wholly disproportionate to the evidence made available by the Commission services, particularly when the alleged irregularities are extrapolated in respect of the production of all companies and all meat plants for a period of two years.

On the subject matter, the beef intervention intake volumes in 1990-91 were extraordinary and it is clear the controls were not adequate to deal with these volumes. I not only accept and respect the findings of the beef tribunal in these matters but will engage the full services of the Department to ensure the appropriate follow-up actions arising from that report.

The net issue for the general disallowance is the question of deboning and the 68 per cent yield. The actual overall average yield in Ireland for intervention was 68.41 per cent in 1990 and 68.71 per cent in 1991. For the categories of animals accepted into intervention at the time it has been established, on the most rigorous and independent test conditions, some of which were attended by the Commission services and others conducted on behalf of the beef tribunal, that the overall average yield in any plant for one day's production could not significantly exceed the 68 per cent level. Our deboning yields compare favourably with Northern Ireland or elsewhere in the Community.

I will not defend the indefensible in terms of ineligible or quality issues discovered by the Commission services. Indeed, my Department in 1992 conducted extensive checking of beef cartons in the intervention stock and all possible controls have been tightened, a point acknowledged by the beef tribunal report.

It is against the background of the beef tribunal report in Ireland and the very correct and appropriate upswing in the Commission's own anti-irregularity activity that the present proposals have been made. I do not believe the present findings are well founded either on the technical evidence or on the samples taken. Given the gravity of this matter I would appreciate a little forbearance.

The Minister has exceeded his time. I would remind Members that there are but 40 minutes allowed for the Adjournment Debate in Standing Orders. I exhort the Minister to conclude.

The question of recoverability is a key issue. Whatever about the position regarding the Exchequer I need no encouragement to pursue every option open, particularly the legal one, to minimise or eliminate the burden on the most innocent person in all of this, the taxpayer. My initial attempts will be to minimise this bill and to ensure the taxpayer does not have to pay it.

I regret I do not have more time in which to reply. This fine is excessive, unfair and punitive and the issue will not be resolved until at least the autumn. The full diplomatic and legal services of the Government will be engaged to minimise it and ensure the taxpayer is not left holding this bill.

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