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Dáil Éireann díospóireacht -
Thursday, 3 Oct 1996

Vol. 469 No. 4

Adjournment Debate. - Beef Processing Companies' Bonds.

I am grateful to the Ceann Comhairle for allowing me to raise the question of the forfeiture or otherwise of bonds given by beef processing companies in Ireland to the value of £30 million. Under the regulations the decision on forfeiture or release of these bonds, which relate to export refunds, should be made by the Minister for Agriculture, Food and Forestry. I was very surprised, therefore, when in October last year we were informed that the Government had decided that of the remaining £30 million in bonds and guarantees, £7 million would be forfeited, £17 million would be released and £6 million would be left in abeyance as that amount was stated to be in doubt. That decision was made on 17 October 1995, but almost exactly one year later it has not been implemented.

It was reported last Sunday in The Sunday Tribune that the Government was looking again at the question of the release of the £17 million in bonds because of statements about irregularities by the company concerned which were made by two former employees — it appears those two men were former employees of Goodman International.

I made a statement about this matter on 19 October last when I said that it seemed there was an element of "deal" or arrangement between the Department of Agriculture, Food and Forestry and Goodman International whereby it would forfeit only £7 million worth of guarantees and release the remainder. The Department has not delivered on its deal, presumably because of the public-spirited act of the two former employees in giving it information in writing about breaches of regulations in export refunds. Presumably the Department recommended to the Government a year ago the release of these moneys, but it has refused to act on that recommendation, and it is to the credit of the Government collectively that that is so. The question arises as to why the Minister for Agriculture, Food and Forestry wanted those moneys released when it was well known that there were widespread abuses.

The recently published report of the Comptroller and Auditor General on the appropriate accounts for 1995 shows in paragraphs 37 and 39 that there were disallowances by the European Commission in respect of beef export refunds amounting to some £2,783,221 and £1,552,544. These were disallowed against the Irish Exchequer because the Department of Agriculture, Food and Forestry wrongly released bonds and guarantees to the company. That disallowance against the Irish Exchequer was in respect of the clearance of the 1991 accounts.

The £30 million still held by the Department relates to export refunds in the years 1987-89 when the activity of the Goodman company in Iraq was at its height. Even though the Government decision of 17 October last was to the effect that a figure of £7 million would be forfeit that, apparently, has not yet happened. The public is entitled to know why.

What has happened in relation to this £30 million worth of bonds and to the sum of approximately £4.3 million reported by the Comptroller and Auditor General conclusively proves that the finding of the beef tribunal at page 566, "that there was no abuse of the export refund subsidy regulations in respect of the export of intervention beef to Iraq", is clearly incorrect. That finding was based on evidence given by officials in the Department supported by people from Goodman International.

The Department has a great deal to answer which it consistently tries to avoid. The fact that it was prepared to do a deal of the kind described as recently as last year with the Goodman organisation should be a matter of great concern to everybody.

It should be remembered that the loser in the long run from all of this is the Irish taxpayer who has to pick up the tab for the failures of the Department to penalise malpractices and fraud in the beef export refund scheme as well as the beef intervention scheme where the Irish taxpayer has already been fined a sum in excess of £70 million. How long are we supposed to tolerate this type of activity from the Department? How much longer does the Minister intend to stand over the close relationship between certain elements in his Department and the firm owned by a man about whom he said he would shed no tears if he departed from the Irish beef scene in the morning?

I call on the Minister to give a full explanation of all these matters and full disclosure of all the relevant facts in terms of the relationship of his Department with Goodman International over many years, facts which have been concealed successfully from the public view for a long time. Will he tell us if the new accounting officer of FEOGA funds has yet been appointed?

Under the European Union rules a security must be lodged with the Department for advance payment of export refunds to ensure that the specified conditions for export are fully complied with. In almost all cases the security provided is in the form of a bank guarantee and this guarantee can be called upon where the exporter fails to adhere to the full rules and regulations. Once all of the required documentation has been submitted to the Department and once this has been cross-checked and processed by the relevant officials the guarantees concerned must be either forfeited or released. A guarantee that has been provided against a specific export refund transaction cannot under any circumstances be used against any other liability which may exist.

In October 1995, following completion by my Department of the processing of a large block of export refund guarantees in respect of one beef processor for beef exported before 1990, I sought the agreement of the Government to forfeit guarantees amounting to £7 million approximately and to release a balance of £17 million. A residual amount of £6 million in guarantees was being retained at the request of the European Commission to allow for further scrutiny. This amount is still being dealt with by the Commission.

Following the Government decision, and after a forfeiture-release letter was issued to the company concerned in October 1995, confidential information relating to these releases was received from the Commission. This information had been supplied by informants. All forfeiture and release work was immediately suspended pending the outcome of a full Commission and Department investigation. The additional information received in the period November 1995 to February 1996 involved reviewing files on which more than £20 million of advance payments had been made. This review allowed the Department to put some additional forfeitures in place.

Following this complete investigation, and following thorough verification work by Commission auditors, a revised forfeiture of some £7.3 million in guarantees was issued to the company in February this year.

In early March further information was received concerning these guarantees. This warranted further investigation before steps were taken to close any files. A confidential investigation was undertaken without delay by my Department in close consultation with the Office of the Attorney General. Again, the Department suspended the forfeiture release work. Information has been received over a period of time since March — the most recent communication being only last week. This information has been continually assessed. As of now there is no evidence that the forfeitures determined last February should be significantly amended but investigations are continuing and it is not possible to say what the outcome of these investigations will be or when they will be completed.

During the period the relevant Commission authorities in Brussels have been kept informed of all relevant developments and have been in communication with us on the matter.

I am sure the Deputy will appreciate that while I would normally be only too willing to supply him with details of any case, in the circumstances of an ongoing confidential investigation any further public comment would not be helpful. As matters stand I am threatened with legal proceedings and further public debate at this time is clearly not appropriate. My top priority in this matter is to ensure that both EU and Exchequer funds are absolutely protected. I am determined to ensure that the proper and correct course of action will be taken on this file.

To respond to some specific points raised by the Deputy, the new FEOGA accounting officer has not yet been appointed or recruited. In my experience there is no special or close relationship between the civil servants dealing with these files and investigations and the company to which the Deputy referred. My role, and that of the Department, is to establish the correct level of forfeitures and releases. I hope to bring the matter to a conclusion as soon as possible.

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