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Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach díospóireacht -
Wednesday, 17 Jan 2024

Capital Supply Service and Purpose Report Bill 2023: Discussion

At our private meeting earlier on, we adopted the minutes for the previous meeting of 13 December 2023.

At today's meeting, we are engaging with Deputy Shanahan and his team on the detailed scrutiny of the Capital Supply Service and Purpose Report Bill 2023. It is a Private Members' Bill in the Deputy's name. On behalf of the committee, I welcome Deputy Shanahan; Mr. Jim Power, economist; Dr. Ray Griffin, lecturer in strategic management; and Ms Máire Henry, senior lecturer in the department of architecture and built environment.

We are reminded of the note on privilege where members attending in the House have full privilege. If someone is off-campus, one may have only a limited privilege. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable. I understand Deputy Shanahan will give an opening statement and I thank him. He is welcome to go ahead.

First, I thank the Chair and the committee members for meeting with us today. I would like to acknowledge those attending with me today who can hopefully speak to the merits of the Bill under discussion, the Capital Supply Service and Purpose Report Bill 2023.

I am joined by Ms Máire Henry, an alumnus of University College Dublin, a previous head of the department of architecture at SETU, a partner at dhbArchitects and someone with a great deal of experience in urban renewal and design through public investment schemes. I am also joined by one of Ireland's best-known economists, Mr. Jim Power, who has a wealth of experience in the Irish banking sector. He is widely relied on to provide financial and economic cross-sectoral analysis nationally and internationally and is an expert on the macroeconomics of Ireland. Our third delegate is Dr. Ray Griffin, a lecturer in strategic management at SETU's school of business, management and organisation. Dr. Griffin is a senior member of SENSER and a principal investigator in an SFI project. He has also contributed to the South East Network for Economic and Social Research and is one of the senior analysts who produce the south-east economic monitor each year, a biannual cross-sectoral report card into the performance of the south-east's economy. Each of the attendees is well aware of the needs and difficulties that apply when trying to examine the issue of equitable capital funding across the country.

This Bill provides that each Minister shall annually provide a written report to both Houses of the Oireachtas on all asset development-capital expenditure in their respective Departments where the asset value is equal to or exceeds €500,000. The report would outline expenditure five years after it had occurred. Why do we need such a Bill? This year we, as a people, will spend approximately €13 billion on publicly-funded capital projects and it is projected that we will spend €165 billion by the end of this decade. This is a substantial accomplishment of our society and recent prudence and is a result of the discipline and pain of the austerity years. We all hope that our society continues to invest wisely in ever better services and resources for our citizens and for the citizens to come.

We also have major infrastructural deficits that have been built up over generations, and as we plan to address these, our political leaders and our people need better visibility of where public money goes. It is a curious feature of our parliamentary budgetary process, remarked on by the OECD and others, that rather large sums of Exchequer funding earmarked for Departments are never seen or heard of again in our Parliament. The Dáil is never supplied with a list of approved or completed projects. The whereyourmoneygoes.gov.ie website, for all its multicoloured glory, breaks things down only to the nearest billion. Parliamentary questions on capital spending need to be consistently asked and answered to assemble any sense of the overall pattern in public capital spending. As such, others and I believe that we need this simple and robust legislation to tease out in a gentle way the appropriate and historical detail so that, over time, we can get a clear picture of public spending and where and how it has been allocated.

The Bill provides a mechanism to allow a Minister to delay reporting if the need should arise. The Bill closes the loop between approval and reporting. Currently, the only formal oversight of expenditure in the State's capital allocations is when the Comptroller and Auditor General or a committee of the Houses finds something exceptional that he or it wishes to pursue. The Bill proposes to provide further capital granularity without creating a significant departmental workload. I am reliably advised that reporting five years after completion will steer well clear of any competitive sensitivities in procurement that might blunt the State's ability to negotiate contracts. I am also reliably advised that recent advances in the Government's ICT system make this form of reporting relatively straightforward for each Department to manage and execute.

This Bill, in a gentle way, will strengthen our democracy. If enacted, it will strengthen our Parliament's ability to discharge its duty of oversight over expenditure. This may become a slightly more pressing matter as we contemplate a larger Dáil, and possibly a larger number of Cabinet seats. I hope that the simple act of having legislation to describe accurately where the money goes will improve the quality of our debate and decision making on how best to spend public moneys. It will also support transparency in our politics and policy making, and such informed policy will strengthen tax cohesion and social participation, as people can see clearly where tax income goes and, most importantly, how it has supported them.

I wish to acknowledge the significant help that the OPLA has given to me and the work it has undertaken in drafting this Bill. I also acknowledge the Parliamentary Budget Office for supplying timely information, as requested. I thank my Regional Group colleagues for their support of this Bill and Senator McDowell for his vigilance and advice in its drafting. I thank Ms Henry, Mr. Power and Dr. Griffin for attending with me today. I hope that, between us, we can make a compelling case as to why this Bill is needed, why the committee should adopt it and why enacting it could make us a more equal and fairer republic.

I welcome the witnesses and commend Deputy Shanahan on going to the effort of drafting this legislation. It is not easy to draft legislation when one is on one’s own and without the benefit of a Department. Is the Bill’s purpose to put a statutory obligation on a Minister to ensure that he or she annually publishes a capital supply service and purpose report setting out capital expenditure by his or her Department?

While I welcome that it will bring more transparency, it is probably already possible for people to identify moneys that are being spent on capital projects, although they would have to undertake a detailed process of investigation to do so. When the Minister spoke to the Deputy in the Dáil, the Minister discussed the Project Ireland 2040 capital investment tracker, but the Deputy wants to make it simpler so that people can look to an annual report from the Minister that will outline capital expenditure. Is that correct?

Yes. To answer the Deputy’s question, I might turn to some of those with me, as they are the ones involved in compiling reports and working at the coalface to grapple with this problem. The two areas where the capital tracker applies are not conducive to seeing lower levels of spending. They are only-----

If anyone wishes to answer, please do.

Dr. Ray Griffin

I work on this in my academic work. It is not possible.

Dr. Ray Griffin

No. From the capital tracker, we can see that there was €18.4 billion in completed projects last year. To find out what those projects actually were, one needs to get their names from the tracker and google Ministers’ Twitter feeds, newspaper articles and Government press releases. It is not possible to identify the moneys. Of perhaps most importance, it is not possible to do so authoritatively to such an extent that one can say that this is the definitive list of what has happened. Sometimes, a project can have multiple income sources and go through an agency, for example, the HSE, which sends the funding on via a grant to another agency. The information is never brought together again.

Let us use an example, although we will not pick any current project. Let us say that the Government makes a decision based on a recommendation of the Minister for Health to build a new hospital. If Deputy Shanahan’s Bill is enacted, how will that project be covered in practical terms? A decision is made to invest money in getting architectural reports and planning information. Money has to be provided by the Department of Health to the HSE in the first instance.

Dr. Ray Griffin

Within the Government, a project like that would go through the public spending code. There is an elaborate internal accounting system that is managed probably as Deputy O’Callaghan would expect, namely, in a tight process stage gate way. This Bill would mean that, five years after that project was completed, it would be named and listed and a certain amount of detail would be given about it.

In my example, a hospital is recommended, agreed to by the Government and built. Under this legislation, will it be five years after the hospital is completed that information will become publicly available?

Dr. Ray Griffin

Yes. The purpose of that period is to avoid impacting on competitive tendering.

Where ongoing projects are concerned, we would not see their capital expenditure on a rolling basis. We would wait until the projects were completed, at which point we would get all of the information.

Dr. Ray Griffin

Yes. The Bill distinguishes from the capital tracker, which shows the five stages of a project and captures a flow and process. The annual report will be a definitive closing account of what happened.

Transparency in and of itself and citizens being able to see how their money is spent are beneficial, but what other practical benefit would derive from having this scheme in place whereby the world at large could see information on the capital project? Would it increase efficiency?

Dr. Ray Griffin

It has the potential to do that. For example, we know that price signalling reduces the risk for people who participate in a market, namely, buyers and sellers. When we had difficulties in our housing market, we made purchase prices transparent.

That means that anybody acting in the housing market has all this wealth of pricing information. If you are tendering for a school and it is not something you commonly do, okay, it is five-year-old data, but you will have a legacy databank. One would assume it would improve the efficiency of the market and how it operates when the public procures things from the private sector. The other element is that everybody would be aware that this list will eventually become public, so it will provide internal discipline within the public sector - not in a very invasive way, but, ultimately, it will all come out.

Would the contractors be identified in this report or just the amounts of money being spent?

Dr. Ray Griffin

There is no mention of contractors in this, so it is just the amount of money and the name of the project.

Does Dr. Griffin think there would be any benefit in identifying the contractors or does he think there would be problems if they could be identified?

Dr. Ray Griffin

I am not sure that is the purpose of the Bill.

That is all very helpful. I do not know if anyone else has anything to contribute to any of the questions I asked.

Feel free if you want to jump in. We like to keep it informal.

Mr. Jim Power

From my perspective, Deputy Shanahan has outlined what we are now spending on capital and what we will spend into the future. Capital investment is the most important thing a government can do because it is an investment in the future, it is an investment in the sustainability of an economy and of a society, it enhances quality of life and it generates economic development, particularly more balanced regional economic development. Capital expenditure, therefore, is king, in my book, but one is utilising scarce resources - taxpayers' money, basically - so it is essential that taxpayers' scarce resources are used in the most efficient, most effective way, whereby there is total transparency as to where the money is spent, there is accountability and there is an effective and an efficient use of scarce resources. The balanced regional economic development piece is crucial because governments over the decades, at least, have consistently pushed the agenda, at least in theory, of balanced regional economic development. It would be really useful to find out at a granular level exactly where the money is being spent. Patterns may emerge that may not be desirable - in other words, Ministers in constituencies directing most of the capital investment into their own constituencies. That is always the danger. Having a transparent and accountable process such as this could change behaviour, and I think the country, the economy, society and quality of life would benefit as a consequence of that.

One would be able to identify how much money the State had invested in capital projects by each county or region.

Mr. Jim Power

Yes. I am not saying that would be a stick with which to beat somebody because there may be a very good reason the investment is occurring, but having the data and information out there as to where exactly the money is going and for what purposes is incredibly important. As Deputy Shanahan mentioned, I think it enhances democracy. It gives voters and taxpayers a greater sense of transparency as to where their money is being spent and what is being achieved as a result of that.

Is there any way of identifying at present where money is being spent regionally? I suppose parliamentarians can table PQs or you can submit freedom of information requests, but you have to go through a process.

Mr. Jim Power

You have to go through a process, and for something as fundamentally important as this, I think you should not have to go through that process. The information should be readily available because, at the end of the day, the political system is there to serve the electorate, the voters, the taxpayers, the population - whatever you want to say - and the society of a country. This information should therefore be available in the normal course of events, in my view.

Does Ms Henry want to come in?

Ms Máire Henry

Yes. I am an architect so I am coming from that perspective. We have worked on a number of projects across the country, in all provinces, that are funded under the URDF and RRDF schemes. They are relatively recent, since 2018-2019, and that information is available on the website of each Department under its particular RRDF or URDF in a slightly different format. Under the RRDF, there is an interactive map, and it is a very good idea to update it. It is currently not up to date, but one can see a live map of where projects have happened across Ireland and the cost of the projects. To add to benefits, in the long term we create a database of best practice in using RRDF or URDF funding in our towns and villages to create vibrancy and to promote sustainable compact growth in all these areas, which is all part of Project Ireland 2040.

I call Deputy Conway-Walsh.

I thank Deputy Shanahan for this Bill. We certainly support it. We think it will go some way, albeit being post-analysis, towards addressing what we have spoken about here in terms of transparency, value for money and what really needs to be done. It shines a light on the extent of the challenges we have and the picture of how money is spent. There are a lot of other things that need to be done, but I very much welcome this.

Are there any international examples where this system is used, and what has been the outcome of this approach in other jurisdictions?

I might leave that open to our guests.

Anybody may answer.

Dr. Ray Griffin

In supporting Deputy Shanahan in preparing the Bill, we reviewed how this is done. The starting point for this is the OECD review of budgetary oversight in Ireland. It has authoritative oversight across the 36 OECD countries. It suggested - this is a slightly dated report - that we had among the worst procedures-----

Dr. Ray Griffin

-----for parliamentary budgetary oversight. We have made changes since then, including the capital tracker. In the United States, for example, there is the earmarking process. A lot of money is spent municipally or at the state level, not federally, but it is earmarked, whereby the politicians directly name the projects and do the pork barrel politics of who gets what. That is a very extreme example. In the United Kingdom they have a number of different mechanisms. The ministerial code is actually quite effective in that a minister has to announce to the parliament expenditure before announcing it in the media. They are quite disciplined in that. Then they also have periodic reviews and reporting, the kind one would expect from a company, an institution or a body.

What does Dr. Griffin think would be the advantage of having that, announcing expenditure to the Oireachtas before it is announced in the media? That happens all the time as regards-----

Dr. Ray Griffin

It is a serious deficit in our politics. It involves a much stronger reach than that to which this Bill aspires. This Bill is very modest, simple and robust in its ambitions. As was said, we could have a much more aggressive version of this, but, as a PMB, in framing it, the ambition was to make it so minimalist that it could not but be accepted. It would be very hard to disagree with the principles of this Bill or how it is framed. It would give parliamentary oversight a very serious kick. For example, I have done significant analysis on the capital trackers. The first generation of it showed that 64% of capital spending of major projects, over €20 million, goes into Dublin, which is 29% of the country. The second generation moderated that to 56%. I go back to Edgar Morgenroth's work 20 years ago, when he was in the ESRI, and the work in framing the national spatial strategy, which is that double the growth needs to happen in the regions. Clearly, we are some way through the Project Ireland 2040 programme and still Dublin is overclocking in terms of investment at a 2:1 ratio, with some regions entirely closed out of major capital expenditure.

I know. I come from Mayo so I can really identify with that. Dr. Griffin is exactly right in what he said. I would like us to have a conversation about this because it is really important and it is an opportunity to have in the room the people who have done the analysis on this. Sometimes we need to take the sentiment out of this and look at the hard facts.

When we look at the hard facts of the north and north west, the EU regional competitiveness index shows that out of 234 regions across the EU, the north west ranks 218th for infrastructure. That is in the bottom 7% alongside some of the poorest regions in the EU. Why has that happened and how has it been allowed to happen? Is it because of the assessment criteria used for projects or the matrices to measure decision-making? How have we arrived at a situation in which we are one of the richest countries in the world yet we have a region the size of the west and north west in this state? Will Mr. Power comment on that?

Mr. Jim Power

I come from the south east. A lot of what the Deputy spoke about in the north west is not that different in the south east. It has lagged dramatically. In economic development, there is always a natural inclination for economic activity to move towards the centre. Capital cities tend to be the drivers of economies, but you cannot stand back and accept that as the natural order of things. You have to be proactive in trying to push more balanced regional economic development. From an environmental and quality of life perspective, there are many arguments as to why it is important.

Why is it happening?

Mr. Jim Power

I think the political process has played a role. Regions have benefited enormously when they have a strong ministerial presence, for example. County Mayo has had a strong ministerial presence over the years.

I will not say not the right party.

Mr. Jim Power

I could not possibly comment.

It has improved in recent years. Representation is greater.

I thank the Chair.

Mr. Jim Power

Local stakeholders need to be on board as well. The local authority is very important. The role of State agencies like Fáilte Ireland, the IDA and Enterprise Ireland are incredibly important, as is investment in education in a region. Any regional city that has a fully fledged university benefits. The whole ecosystem to have more balanced regional economic development is essential. We have not always had that ecosystem in this country. We have not had it full stop, to be honest.

It needs positive discrimination. When you find yourself in the lowest 7% of the EU regions-----

Mr. Jim Power

You need positive discrimination.

Dr. Ray Griffin

I would say you do not if you got a fair share relentlessly and that was known. The reality is, per capita, there is a belt from the north west and the Border through the midlands to the south east which is closed out of a lot of capital expenditure. To decompose that, it involves political representation but it is also that institutions have got into the base within the Departments. If there is a hospital, university, television station or different types of national infrastructure, when that infrastructure is invested in, they are a beneficiary of it. If you do not have those pieces of infrastructure, you are closed out of the pie.

Naturally. There are so many opportunities in the west. We have a habit of thinking up good phrases. The Atlantic economic corridor is a great phrase but it means nothing unless it is underpinned with investment, for example, in Knock Airport, the western rail corridor, the N17, and renewable energy in the potential of offshore and onshore. This is the problem. In the west and in the regions, and I am sure it is the case in the south east, there are wonderful innovative people and really good businesses - multinationals and indigenous - but without the infrastructure. We have come through a recession. I recall meeting Mr. Power before when he told us we would have a soft landing, when at the time there was a concentration on construction. The way to protect ourselves from the next recession-----

Mr. Jim Power

I argued back then that Ireland was a bird flying on one wing, which was construction, and if anything happened to that wing, we were screwed.

I argued it with Mr. Power in class years ago.

Mr. Jim Power

That soft landing comment has to be put in context. There was a context to it.

He said in a very low voice, unless there was an external shock. I will always remember that. The external shock came. That is why what we are discussing today is so important, as well as the ESRI report from last week. The way to protect ourselves against the next recession, which there will be at some stage, is to have this infrastructure in place. I am fearful of what will happen if we do not and what that will mean for the regions and the whole country, all while Dublin is one of the most congested cities in the world. This is not just regional. It is a national matter that we need to address. We have gone off a bit on addressing regional inequalities. The Bill will go some small way towards doing that. I understand how Deputy Shanahan has narrowed and focused this Bill to get wider support for it because the important thing is it is passed and gets through the system.

Deputy Shanahan referred to modern IT systems and that the form of reporting would not be an additional burden on Departments, which should be the case. Is the Deputy sure there is that kind of uniformity in IT systems across the system?

When we were drafting the Bill, we engaged with the PBO and OPLA, which in particular was central to looking at this matter. It spoke to Departments and the understanding is that significant investment is already happening in ICT systems. The informal word it came back with was that it was assured reporting standards such as this would not be a problem across all Departments.

Does Deputy Shanahan envisage any role for the national investment office in the Department of public expenditure, particularly in major capital projects? The NIO is supposed to be the centralised hub of expertise in delivering capital projects.

We need to remember that this programme is in retrospect. The value of looking back is it tells us what we have done. It does not tell us what we are going to do. It is to be hoped it informs policy in the future as to how we might change that. The NIO's perspective might be more forward looking. The virtue of the Bill, as highlighted by colleagues, is to provide a transparent template so people can see exactly what is happening. The Deputy spoke passionately about the north west, as I am passionate about the south east. To her point about not investing in the regions, we can agree on the latest CSO data. We can see the disparity in the CSO discretionary spending figures in the south east, which mirror those of the north west. That is the value of this Bill. As Mr. Power said, capital investment is the spur that creates economic advantage. That is what we are trying to do. I think we would all agree, especially regional Deputies, that there is a complete imbalance. The idea of this Bill is to try to do that.

I canvassed a number of organisations in a short time to try to understand where people stood. I would like to read out two notes. One is a note I got from Limerick Chamber about the Bill. It stated:

It is incredibly important from a policy implementation perspective for both Ireland 2040 and, of course, balanced regional development, that we begin to produce better data and reporting standards around capital expenditure. This Bill would be an important step forward towards ensuring improved reporting and transparency on expenditure and we hope it is supported.

The other note is from the Northern and Western Regional Assembly, which I think has a conference in the north west today. I wish it the best of luck. Its point, which I will paraphrase slightly, was that, from the assembly's experience in developing detailed regional, evidenced-based policies, submissions and research, it is notably difficult to identify the overall level and composition of public capital investment across the NUTS 2 and NUTS 3 regions and the counties of Ireland.

It goes on to say that such an exercise is possible for certain individual sectors such as, for example, general and research capital investment in higher education institutes through the Higher Education Authority but that it is not possible for other sectors which are key to supporting regional development in Ireland. Whatever about the NIO's perspective, from my sense it is very important that we start from here, which is the best place to start from. Implementing this Bill would be the start. I would hope that if the Bill were to be enacted, it would be revisited again and people would tighten it up and improve on it.

For the purposes of where we are at the present time, and I, like Deputy Conway-Walsh, go into the Dáil and vote for health expenditure of €13.1 billion and I have not a clue what I am saying "Yes" to, I would like something which tells me, even in the past, that the decisions we are making are the correct ones. That is what we hope to achieve by implementing this Bill.

Mr. Jim Power

On the capital expenditure piece, there is a change in the mode of thinking around public finances. We have left the days of austerity thinking behind us, globally and not just here. Simon Wren-Lewis, an Oxford college economist, recently wrote a piece about the desirability of allowing a country to increase its national debt if the money is being spent to address major capital deficits. Climate change was the one he very much focused in on, basically saying that if we do not engage in massive capital spending at the moment in addressing climate change, ultimately, we will end up paying a great deal more to deal with the problems. That mode of thinking is certainly becoming more real now in economic policymaking circles and that is why we need to think about the quality of that spend rather than the quantity. It is the type of project being invested in and where it is being invested in. A Bill like this which creates transparency, although it is looking back five years, effectively, should change behaviour and would force the political system to ensure there is some form of watchdog now which will ensure we do the right thing.

Many of these capital projects go wrong from the beginning and are almost designed to go wrong in not having clear objectives and outcomes, and measurement is almost impossible. Are we saying through this Bill that there would be a requirement to provide information on project objectives, on the real outcomes and on the outputs from the project measured against those objectives? Would the level and type of information vary according to the size of the capital project, for example, if you were looking at projects in excess of €500 million? Given that, from the date this legislation is implemented, we are going to be looking back on projects, I am trying to understand whether the Department or the Government knowing we are going to be doing this analysis will force them into better or more intelligent thinking at the beginning of projects so that we do not end up with overruns such as the national broadband plan at 440%, the national children's hospital at 135% and the Luas line at 289%. It seems the thought has not gone into these projects from the beginning. Will this Bill be able to address any of that?

Dr. Ray Griffin

It is the starting point of addressing it by making the data very clear at the end. It will enable other processes to happen. One of the hidden things which the Bill will do is that it will show the ordinary projects that go well and it will highlight best practice, because in many domains we have a very capable and muscular State which is able to do things really well. The fact our oversight is mainly by exception and mainly looks at those projects the Deputy has mentioned which go out of control means that we have very little to learn from those projects other than not to do them again. We can really learn, however, from the projects go very well. Because this Bill is offering the full dataset, it will enable that. Sunlight is the best disinfectant, and the fact everybody knows it will get out at the end means there will be better discipline along the way.

Ms Máire Henry

I endorse what Dr. Griffin is saying. The URDF and RRDF involve very rigorous processes and there are two categories. The first category allows you to bring the project to detailed design. It is multiagency, so many of the larger issues are looked at at the very beginning. Funding is given to do that initial feasibility and then, if it matches the rigorous auditing and scrutiny by panels of experts, it may be allocated further funding to implement the project. Again what Dr. Griffin has said is very important. So many very good projects have happened or are happening across the country under the town and village renewal scheme, the URDF and the RRDF, so it would be fantastic to have a shared platform of these best practices to show these. It would energise and act as a catalyst for positive energy as well when the it is seen amount of funding that has gone into very high-quality place-making in our towns and villages, including Mayo.

When the OECD makes an assessment that we are one of the worst countries in the whole of the area in budgetary oversight and all of that-----

Ms Máire Henry

I am just talking about URDF and all of those projects.

I know, and I completely agree as I know some of the projects Ms Henry is talking about where there is good practice there, but what we want is to have that taken as a given.

Deputy Harkin.

I thank the Chair for allowing me to say a few words as I am not a member of the committee.

The Deputy is more than welcome.

Thank you. First of all, I thank Deputy Shanahan for this initiative. It is very positive and, as he said himself, it is a start. The Deputy used the word "gentle" twice and it certainly is that, but he wants to get this across the line and that is the most important thing. Legislation, if it is put in place, can be amended afterwards. It depends on who is in government and whether they view it as turkeys voting for Christmas. Any government which would be interested in transparency and good governance would take this on board and, indeed, strengthen it. But as the Deputy said, we have to start somewhere and this is a good start. Like Deputy Shanahan, I note the paper sent by John Daly from the Northern and Western Regional Assembly. I commend that body and the work it does, because without the kind of information the Deputy speaks about, it is very difficult to analyse what is happening.

Very often we find that we all look at outcomes and results and we wonder how that happened. I will just give one example, which is a pretty shocking one. In 2021, the GDP figure for the Border region was 52% of the European average. That is a Eurostat figure. That is the lowest since such figures began. Back in the early 2000s this figure was 98%. There is something disastrously wrong there and it is to try to find out what it is. People like me and other TDs are constantly asking questions and asking where the money is being spent. To be honest, the answers we get involve a Minister, a Taoiseach or somebody pointing to a recent project and telling us we got that. That is not balanced regional development. That is what keeps happening unless we have something like this Bill in place and unless there is accountability.

I have one or two questions. The first one that occurs to me is the five-year wait period. I know it means people will be aware of this in the beginning, and that will probably - Mr. Power said it best - change behaviour. Still, five years is a long time and many Ministers will have moved on. Accountability, while it is there, is still quite a time away. Do any of the witnesses envisage that a shorter timeframe could work?

The reason for the five years, and the Deputy highlighted it herself, is that the most important thing is that this Bill will pass, in the first instance, that we would set the base standard and that this is where we would move from.

When the OPLA was drafting the Bill, having regard to engaging with different Departments trying to get a feel for this, it felt that if the reporting timeframe was less than five years we could run into difficulties in terms of large-scale projects that are ongoing and tendering. Those are the two main areas in which they felt there was sensitivity. I think the Deputy is right that if the Bill is enacted in a future Dáil, of course somebody can come along and look to tighten it up. I would hope, and I think we all would, that the Government of the day would seek to do that. The commercial realities that have been identified around the five-year timeframe mean that it is probably the appropriate reporting standard to begin with, and we can see how it pulls forward. Five years is not a long time in the life of a government or a politician. Certainly, it is not a long time in a project's development. It would be very easy to see and be transparent for people. The Deputy made the point about the development of the north west and how it is losing ground. If there was even a five-year lookback, and a two-year or three-year timeframe, even though the five years become six or seven, one would see very quickly if there is a trend and one could represent for a fair allocation of resources. This would allow all the stakeholders, including the local authorities, to re-examine their strategic policy and see what they are trying to deliver for the region in terms of strategic infrastructure. To me, the most important thing about capital spend is developing strategic infrastructure that we can use to power the economy locally.

Would anyone else like to comment on that?

Dr. Ray Griffin

The Bill is a minimal standard that they must adhere to. It gives a lot of scope to the Department to over-report. The capital tracker is a voluntary disclosure mechanism from the Departments. There is a desire for the Government to make citizens aware. Another initiative in that line is Whereyourmoneygoes.gov.ie. It is very much open to a Department to report on a shorter timeframe but it will have to do it within five years.

Mr. Griffin may correct me if I am wrong, but I think he said that 64% of the major capital projects were in Dublin. Is that on spend or is that on the numbers of projects?

Dr. Ray Griffin

That comes from the capital tracker. We have had two iterations of the capital tracker and that was the first. That is the number of projects above €20 million broken down to NUTS 3 regions. Our process is that we look at the spreadsheet and go and find the newspaper articles or the tweets that give us the exact amount. To say it authoritatively is actually quite difficult because someone can come along and say how we have made the data is not at the precise and authoritative level of a Department. It was 64% in the first generation and it is 56% at the moment, which means the Ireland 2040 ambition of investing in the regions simply is not happening at the major project level. You could argue that primary schools, footpaths and all the smaller projects balance it out but that data is not available. Based on the data we have, we can say Ireland 2040 has been pretty much abandoned.

I think that when Deputy Conway-Walsh suggested positive discrimination, Mr. Power said "No", and suggested that if the investment is there now and is equal, the regions will catch up. What if the gap is so wide? I have quoted figures for the north west. Mr. Power is quite right about figures for the south east when they are disaggregated. You see the same patterns. It is not just one part of the country. I am very well aware of that. To return to positive discrimination, we heard that 64% in the first generation and 56% in the second generation is going to about 29% of the population. I know those are round figures and things that go into Dublin, such as major hospitals, may be used by people from around the country so it is not as simple as that. Nonetheless, the trend is very obvious. In that case, and because gaps are widening, would Mr. Power not see a role for positive discrimination?

Mr. Jim Power

I said I would. If you are starting from a position where there is a gross inequality, I think you would need positive discrimination. You could look at gender quotas, for example. There is a massive requirement for positive discrimination on the gender front because we are coming from such an unequal and low base. I think it is the same with capital investment. If regions have been starved and have been treated unequally over the decades, I think the first thing you have to do is try to close that deficit through positive discrimination. I know it may not tick all the boxes in effective policy-making, but when you have a market failure like that, positive discrimination would be important.

On the five-year timeframe, it is looking back and is quite historical but if politicians know that when it comes to the decisions they are taking today, the data will become available, it should influence their behaviour. Even if a Minister has moved on, the party will suffer reputational damage as well.

There is another thing, which I did not discuss with any of my colleagues here. It would be great if we could do it retrospectively and go back over a number of different years and then one could really see the trends. I do not know whether that would be possible. It would be a lot of work.

Dr. Ray Griffin

On positive discrimination, in the south east we are 8.9% of the country. If we spend €13 billion a year, and if money follows citizens, we should be spending about €1 billion in the south east. My calculations cannot get that north of €200 million as I stitch the projects together. Under the original framing of our Constitution, the Cabinet has incredible power. The idea is that power would rotate around the country and that at some stage, you would have your day in the sun. Definitely, the south east has had those moments in the past, as have different regions, but perhaps the better gain is to clean up the game. What if there was fairness going forward? Think about what the south east, the midlands, the north west, the Border region, the west and the other regions that feel disadvantaged could do with a fair share. These are the places that feel disadvantaged and are being left alone in their anger politically. They have this feeling of disconnect that is following the money. It would clean up the game. I also believe that we have very capable public administrators. If they had a fair share and they knew that was the way it would unfold, they could curate their own region’s needs and ambitions into sustainable, balanced regional development. For me, that is the bigger prize.

Dr. Griffin says they feel discriminated against. It is not that they feel it, but that the outcomes show it. We will not argue about that here today. I will not take up any more time. I thank the witnesses again. This is a really serious attempt to identify a major issue. It is not just about balanced regional development but that is the part of it in which I am most interested. It is about better oversight and better governance. I wish everyone well and hope the Bill will have speedy passage through the Houses.

I am sorry for being late. It could not be helped. I am sure people were relieved. I welcome our guests who made the presentation and some we do not have to welcome because they were already here.

It is a very important discussion. When we look at the past and where we went wrong, it is definitely important but it is also important to note what everyone said at the time before it went wrong because we have experience in that area too.

It is recent and important experience. A reference was made to the soft landing. I remember applying for that as a potential crash landing. I remember once getting-----

Mr. Jim Power

The Deputy was in the political process. I was never in the political process. I had no impact whatsoever.

We were conscious of the fact that decisions were being made outside of the political process which were going to have a really serious impact on us at some stage. We knew that. We knew it afterwards when everybody was advising us that there would have to be two bailouts because one would not be enough. That impacted on the people we were trying to borrow money from and agree a settlement of some description with. They immediately said that the country had gone bust forever. That was the conclusion they were coming to. Certain information was put into the public arena without due research, for want of a better description.

Reference has been made to the children's hospital an example that went out of control. It never went out of control. An identifiable cost analysis was never done. Remember that it was two contracts, with one underground and one overground. One had to be started before the other. Without a doubt, the overground one started before the underground one. In the course of that, there were delays from changes in the economy, supplies, costs, inflation and so on. If there is a big project, it is going to be affected by the downward trends or the upward trends, as they may apply. I hear, including in the House, that we should never have had the children's hospital at all, and that we should have split it up into a whole series of hospitals all over the country. That would be diversification in a new way. What it would have done, of course, would be to double the cost, but we never got into that and will never investigate that fully. It would be double the cost because the same basic infrastructure would have to be introduced in every area without the necessity of explaining the economic benefit in that particular area vis-à-vis the rest of the country.

I was present during the whole course of the debate in committee and in the House from the very beginning. I heard outlandish praises of it in the House afterwards, which were just appalling, because there was no basis whatsoever for coming to any conclusion, because no cost analysis was done at all. When the information became available, it was the same as it is now. Everyone said it was an overrun of twice or three times. It is not. It was the only solid cost-benefit analysis that was done at all. The construction sector came up with the final analysis. It has experts and they were right at the time. That is what it costs to do it.

Another issue is broadband. The general reaction in the House was that broadband is very expensive and we cannot afford it. The appraisal at the time was that we could not do otherwise but afford it, but it was not. Instead everyone said that it was costing too much, at some €3 billion, how that was terrible, and we could not have that. We got to a situation where we are second-guessing ourselves to such an extent that everybody is afraid to make a decision. That is my view. Everybody is afraid to make the decision, stand over it and ensure it is greeted with success.

I agree that there is a necessity to spread development throughout the country. To a greater extent, all we have to do at any time is visit the areas that have had intense development and investment, and necessarily so, and go then to the areas that the last speaker has been referring to, where there are obvious needs to be addressed. I cannot understand why we do not do that all the time. For instance, at Christmastime, I took a drive around the country. We did not have a holiday during the year because of various other issues. We travelled around a good bit. It is amazing how much you can travel today. The first thing is connectivity, which means roads. It is no good saying that we will replace all the roads with railways and have a roll-on, roll-off in every town and village. That cannot work. If you want to go to Paris and want a roll-off fare by rail to go to Moscow, that is fine. That is justifiable. You can see why that has to happen because you have either one, two or three stops. In this country, you would need a stop at every gateway on the way. We cannot do that. The amount of investment in that area is massive and it would not work. One could talk with anybody, as I have, and they will say that it will work and will be better. It will not be better. It will be disastrous.

We decided over years to have dual carriageway roads. We hustled around. We could not develop them and did not have the money for them or motorways. There should have been a straight road right across the country, with one covering the south east and so on. It is coming on stream now but is years late. There would be one for the north midlands to Donegal. That is equal administration of the funds available. I think we have no option except to try to ensure we develop those not as they are needed, because that is too late, but before they are needed. They need to be justified on the basis of a cost-benefit analysis and so on.

Going west, I noticed the significant heavy vehicular traffic coming towards me on either a single carriageway or a seriously deficient carriageway of an old road. That is ridiculous. Investors would look at the country, which they are used to doing, and identify the areas that are readily approachable by road, rail, or air, whatever the case may be. We still need to deal with areas where roads were not built for whatever reason, such as lack of cash. We cannot walk away from it. The people in Europe can say they are phasing out traffic on roads. That is grand for them. They already have the roads. It does not suit us. We need to talk about what suits us in this part of the world. We are living in an increasingly hostile global environment for many reasons, which we will go into some other time.

The other issue that I think is important is that there is no doubt the political system has failed to a certain extent. No other system has come to the rescue. That about sums it up. People travelling in these areas would know from a visual observation that they are suffering a deficiency. How do we deal with it? For example, if I am living in Donegal, I am not going to make a case for the Pale, the inner city or something like that, unless I am a fool. There is an element where we need to recognise each other's position. What is in one region's interest today can be another region's interest tomorrow. Look at the eastern region at the present time. If one takes a trip from Swords in north County Dublin, across that general area, through Santry and right into the city here, one can consider the significant investment that has rightly gone into the area, but it did not have to go into that area. We would have less road congestion and less congestion of every description, including in the city area, if we had been able to offload some of that to other areas not so far away, and it would encourage some congestion in areas that have not suffered from it. I am only saying that tongue in cheek.

I am merely suggesting that we encourage the investment to go into those areas to a greater extent than it has, without suffering as a result. The suffering that could come onto those areas relates to large expanses of the countryside, which we can now drive to more quickly, given we have motorways. There is a lot of room for investment and diversification that can, should and will come, but I fear it will come too late. I fear the damage will have been done to the areas that are heavily congested at the moment by virtue of overcrowding, two-hour journeys and so on.

We need to do one thing in preparation. We can considerably relieve congestion on our roads in, for instance, the area where I live by suggesting the staggering of traffic, with different starting times for various businesses, enterprises and so on, and getting co-operation because they will do that. They will co-operate because it will be of great benefit to them. We should try to avoid situations such as one I saw recently. I was driving to Belfast and two trucks on the road in front of me were driving at more than 100 mph. I am sure they were not supposed to be doing that, but they were. The problem was the two carriageways were occupied by the two trucks. Even 100 mph was slow in comparison with what the rest of the traffic wanted to do, given all the other drivers were lined up behind them. They could not see beyond the trucks. Someone said to me recently that they could not have been doing 100 mph, but I was tracking them-----

I think the Deputy means 100 km/h.

I can assure Deputy Shanahan it was near enough to the other ones as well. I recognise the importance of what we are doing, but let us not come to conclusions on the basis of false information or false evidence.

I might be igniting something here that should not be ignited, but one example relates to the objections to people who are immigrants or refugees in various locations throughout the country. That should not be happening at all. It is absolutely disgraceful. As for suggesting there is not a benefit, there is a benefit to the country and the economy from all people who come to live in the country for whatever reason. God knows we had a long history, and still have a history, of going elsewhere and contributing to economies elsewhere, and that was for a reason.

I do not disagree with anything the Deputy said but this is a retrospective Bill, whereas he is talking about future policy, strategic capital development and all of that, which can be informed by the data that is there today. To his point, driving around will tell you where things are not happening, but the Bill offers much more granular detail and will allow us to create a platform on which to plan better. That is the general idea of it.

That is provided we glean the information from the correct source.

It is all departmental information we are depending on, so that is what we are talking to.

A comment was made about the development of each of the regions and political representation. Dr. Griffin made the point and said it was down to political representation. That ignores the fact the Government controls everything. You can make all the representation you like, but if you are not sitting around the Cabinet table, you are not getting a bob if the Ministers decide you are not getting it. We should not be misled, therefore, by the sort of commentary we might hear about elected representatives. I have seen them all over the place working hard - Deputy Shanahan is a typical example - and it is pork barrel politics. That is what we have been experiencing. Until that stops, we will forever have an imbalance throughout the country.

In respect of-----

Dr. Ray Griffin

To clarify, I meant political representation at the Cabinet table. I probably was not clear about that.

Thank you. I thought you had been talking about some of the committee members. I could not allow that to pass, but what I said is true and the Deputy's question speaks to the same point.

Deputy Shanahan was at pains to point out that the Bill is of a gentle nature. That, in itself, recognises the fact that the opposition there would be to a more robust Bill would come from politics, politicians and bureaucracy and that it would fail in the Dáil. I admire the fact he has learned that much during his first term in the House, whereby it may be best not to challenge but to see whether you can, by some means, get the political support that is required for a Bill. I commend him on putting it forward. A lot of what he has said speaks to issues I have addressed over the years, which is why the committee agreed to holding this early meeting. We will probably go from here to departmental officials and then to the Minister, and there is certainly an appetite to progress this as quickly as we can and to test the mettle of those who are central to the Bill's passage, of course in a gentle way. It will be hard for me but I will try to do it in a gentle way.

Deputy Shanahan referred to a period of five years, although I think three years is reasonable. Five years would put it off into the future. Government change, there are different emphases and they may not be interested. Laying the report of the relevant Minister before the Houses will be no more than that if a Dáil debate on it is not included. That is not to expose any individual for making mistakes but rather to talk up the positives and address the negatives. I encourage Deputy Shanahan to look at that. A Dáil debate is central to this. There is plenty of time available in the Dáil. People say there is not but there is loads of time available. The Dáil adjourns on so many occasions when it should be dealing with worthwhile propositions or legislation such as this.

Would the committee be able to make a recommendation for a shorter timeframe?

We will in due course. When we have discussed it with officials and so on, we will come to that point and try to be of assistance to the Deputy and the Bill. I think that is the general sense around the table. Is local government included?

The Bill will grant all assets and all assets realised, so it will capture anything in local government above €500,000 as long as the heading relates to assets.

Currently, local government stands to be audited by the local government auditor and not the Comptroller and Auditor General, and there is a kind of a-----

Grants from the Department will have to be captured within that to local government in the case of capital expenditure.

The more that is done to include local government in terms of accountability, the better. We will tease that out further with the officials when they appear before us.

Deputy Shanahan said that the Comptroller and Auditor General always deals with this in hindsight. He also referred to the latter or some committee of these Houses finding something exceptional that he or it decides to pursue. If this was within the remit of the Comptroller and Auditor General, which is almost always the case looking back, it is going to be the PAC and the C and AG that will look at it. I encourage the Deputy to suggest, in a gentle way, that the C and AG should be empowered to look at any grants that are given out should they have to be pursued. It can be any level of grant. It does not necessarily have to happen every year but should it have to be pursued, for one reason or another, the option to pursue it should be there in legislation. The C and AG has a very positive role to play.

I mentioned the three-year period. That is also something we will come back to.

To highlight again, the ICT systems in the HSE and the Department of Health do not talk to one another. Maybe the investment is only happening now, but I think most of them operate in silos. I do not see any major investment taking place that would get Departments speaking to each other through reporting systems with which they and those in business would be familiar. I have often made the point that if a multinational - for example, a supermarket of some kind with outlets all over the country - can account for broken goods, profits and all sorts of things, surely to God there must be a system out there that the Government can buy into.

If there are questions regarding transparency, the Deputy should not be afraid to call that out. The system is not really used to transparency. It operates in the context of a certain ambiguity, about getting things done and so on. The example I want to give in respect of how things get done is as follows. The Deputy was involved in campaigning for the university in the south east. This feeds into decision-making. The Deputy knows that the group which continually met with the Minister and those who were supporting a university and both of the institutes of technology insisted there would be a campus in Kilkenny. Outside of the debate or of the group meeting, however, there is no mention of it. There is absolutely no reference to it in the report from the college. That is shocking, because everyone agreed to what was going on based on the separation of the different campus-style approaches that were going to be taken. That has not happened. I am raising the matter because this is a decision that will affect the economic outputs of anything and everything in the south east. It has just been abandoned, which I feel pretty put out about. I will be raising the matter again.

I cannot disagree with anything in the Bill. I am trying to assist by giving Deputy Shanahan some ideas. He can take them or leave them. As stated, we will consult with the officials and the Minister as to how it can be teased out further. The committee will not stand in the way, as far as time goes, in dealing with it. At the end of the process, I hope we may have a Bill that is gentle but that has an edge to it.

Are there any closing remarks that people wish to make?

I thank OPLA, the PBO and parliamentary colleagues, including the three here today, who have assisted me. Their participation has been really well received. They are smart people and they understand exactly what we are discussing. None of them has an axe to grind. There are no agendas here; this is really about trying to deliver better legislation, governance and better clarity on how we do our business. I thank the Chairman in particular. I know he exerted some pressure in order to have this matter dealt with early. Anybody who is rational and reasonable and who believes that politics, at their heart, should be fair, would want to see this legislation enacted and that whatever about the sins of the past, we might start and build from here. That is what I hope. I thank all the members of the committee for taking the time to review this.

The members were very supportive of having the Bill here and going through this process today.

I invite my colleagues to make closing statements.

Yes, if anyone wishes to say or add anything, please feel free to do so.

Dr. Ray Griffin

I thank everyone. We discussed the time horizon and the thresholds a great deal. Our approach in framing the time horizon was to put it at a minimal standard. The five years was designed purposefully to kick it over the political horizon of an election. I think it will be enough, as a starting point. I am sure the committee will tease it out with the people who are on the inside.

On the ICT systems, I gather that the public spending code - whether it is contained in an ICT system or a manual ledger, I do not know - means that this is centrally held. It is not a radical gesture and beyond the scope of the Administration to produce. If we do not have this data within our political and administrative systems, then the State has much bigger problems.

Ms Máire Henry

I offer my sincere thanks. I have really enjoyed this experience. We need to continue supporting expenditure that helps revitalise cities, towns and villages across Ireland. There are many good examples of this happening, which is fantastic.

On the four-year period, I agree that it would be great to see a shorter term, if possible. It sometimes takes 20 years to change a region. A very local example is the Waterford Viking Triangle, which was recently featured in The New York Times as the only place to visit in Waterford. That took 25 years of master planning and regeneration plans, but there was a vision there. As a result, when public funds became available, there was a project, sometimes very small, sometimes very large, that became an essential piece of the jigsaw. I thank the committee for its support.

Mr. Jim Power

I thank the committee for facilitating me and I thank Deputy Shanahan for inviting me. This Bill would improve the governance of Ireland, full stop. It can be developed and amended, but it would make a huge contribution towards improving governance.

I spoke about transparency, accountability and all of that stuff earlier. The polarisation of politics and society being experienced in this country - this is happening to a much greater extent in the United States, for example - it is now a global theme. One of the aspects that comes across in this regard is that people feel they are not being treated fairly. This Bill would help create a sense of fairness in the sense that people will recognise what is happening in their regions or counties. Information and factual data are really important. This Bill would certainly move us in the right direction in that context.

I agree with everything the Chairman said, except one thing, namely, his analysis of the role of the Comptroller and Auditor General. That is specifically laid out in the Constitution. Unfortunately, it has become vague from time to time. The idea that the Comptroller and Auditor General should have a future role in respect of expenditure is wrong. His role is retrospective - as has been referred to already - on the basis of the conditions prevailing at a particular time. If a decision is made and is called into question a year or two later, he can look at the matter in the context of the prevailing conditions at the time and indicate whether the Government was right or wrong. If, however, provision is made to allow the Comptroller and Auditor General to have an economic input in the context of future expenditure, then he would be replacing the Government.

No, I am not suggesting that.

I know the Cathaoirleach is not suggesting it, but it could lead to that happening.

He then could propose expenditure in a particular way that would have huge influence on the Government and its policies.

To be clear, I am not suggesting that.

I know the Cathaoirleach is not suggesting it, but he would be if he followed the Cathaoirleach's advice.

I did not suggest that. My advice is that we should have a strong C and AG's office and a powerful PAC that would do their work by looking at matters retrospectively, as they have been doing. I am not talking about influencing Government spending. If that strong office is put in place, many people will pay a great deal more attention. I am not in any way-----

I would be of the opinion that the Cathaoirleach's office is in a stronger position to do that. It is the appropriate office and it can do a huge amount. I would not hide my light under a bushel if I were him. He can be effective and his office has an influential role to play. It is the appropriate office to adjudicate on current issues, whereas the role of the Comptroller and Auditor is retrospective in nature.

I am sorry, but we will not agree about that matter.

One thing about this committee is the diversity of opinion among its members. I thank Deputy Shanahan for the Bill. It will be the first of many pieces of legislation in this area. We are starting from a very low base. There are many things we need to correct, including bringing expertise back into the Department of Public Expenditure, National Development Plan Delivery and Reform and other Departments that we have lost because we have contracted out so many decisions that affect people to those who are unaccountable.

I know what the Deputy means when he talks about expenditure per capita. He rightly makes his case, but if we keep being driven by population numbers, we will never have what we need to have in rural areas that have been depopulated as a result of Government policy over the years. We need to look at this on an all-island basis. I do not want to open up the discussion again, but has any analysis been done between North and South? Data is key? Officials from the CSO will appear before us in a couple of weeks' time. The lack of transparency and the lack of congruence between the data available, North and South, for us to be able to carry out objective analysis of many of these things impede where we need to be, regardless of whether it is the all-island rail review or the many other matters, such as climate change, that we need to tackle on an all-island basis.

The joint committee adjourned at 3.01 p.m. until 12.30 p.m. on Wednesday, 24 January 2024.
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