Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

JOINT COMMITTEE ON FOREIGN AFFAIRS (Sub-Committee on Human Rights) díospóireacht -
Thursday, 24 Jun 2010

Ethical Investment Policy of National Pensions Reserve Fund: Discussion

I welcome Mr. Mike Williams, head of the international department, Trócaire, Ms Lund, head of the secretariat, council on ethics of the Norway state pension fund, and Mr. Mark Cumming, programme officer, governance and human rights unit, Trócaire. I acknowledge briefing papers received from the IPSC and Trócaire.

Ethical investment by the National Pensions Reserve Fund was debated twice by the Joint Committee on Foreign Affairs in 2008 and in 2009 the Minister for Finance, Deputy Brian Lenihan, established an interdepartmental committee to look at a range of options and approaches to an ethical investment policy of the National Pensions Reserve Fund, NPRF. The report and recommendations of the interdepartmental committee is currently before the Minister.

I welcome our guests here today to outline their views on which approach they recommend Ireland should adopt on this issue. What is clear in terms of any investment is that a good long-term return depends on sustainable development and investment. The committee is keen to know how best to ensure that the NPRF investment strategy continues to ensure an optimal total financial return while meeting human rights and ethical standards.

Before we commence, 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 by name or in such a way as to make him or her identifiable.

By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to this committee. If witnesses are directed by the committee to cease giving evidence in a particular matter and continue to so do, they are entitled thereafter only to a qualified privilege in respect of their evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise nor make charges against any person or entity by name or in such a way as to make him, her or it identifiable.

I will now call Mr. Williams. I am sorry to have to run through that rigmarole. I might suggest to the secretariat that maybe it and the clerks could discuss some way in which this could be circulated to witnesses and then it could be taken as read. It would save that rigmarole.

It is possible. I would certainly support it.

If it is legally possible. We all attend so many committees and we must go through the same thing. The same may be said about the note on the BlackBerry devices and the mobile phones.

Mr. Mike Williams

Thank you, Chairman. We are pleased to be here again at this committee on this issue. We appreciate the opportunity, and also to have Ms Eli Ane Lund here from Norway, who will probably do most of the speaking because we want to hear about the Norway model, which is the leading model on this issue.

On the background, Trócaire presented to the committee previously in 2008, as the Chairman mentioned in his opening remarks, specifically on the mandated work of Professor John Ruggie, as the special representative of the Secretary General. We also have had follow-up with other committees, and recently we were with the Joint Committee on Finance and the Public Service on this issue.

It is a topic of great interest to us. We always preface our remarks by saying that we believe foreign direct investment in developing countries from our perspective is really important and we do not have an agenda against transnational corporations or anything like that because we believe investment is absolutely vital. However, there is no question that there are instances where there are serious abuses, in terms of environmental issues or human rights, by companies. In any context, the investments of a state pension fund therefore must be looked at from that point of view.

There has been a number of significant developments. The mandate of Professor JohnRuggie was extended, and that was welcome. Obviously, the UN adopted his proposal on business and human rights and that was subsequently endorsed by the European Union as well. All of that has happened since 2008.

As the Chairman mentioned also, there is the interdepartmental committee that was established by the Minister. Trócaire made a submission to that committee last year, as did a number of other agencies. In doing that, we made a clear case for responsible and ethical investment that does not undermine the profitable returns from any fund.

In terms of what we are looking for, we believe that in the context of the existing practice — there is some very good practice in the National Pensions Reserve Fund as well — in the context of the international policy dimension and in the context of policy coherence within Ireland, which is particularly important, there are four areas to which we would refer.

The first one is active ownership, where the fund engages with these companies to see their practice and challenges where appropriate. The second is negative screening, where companies have been involved in particular activities, for example, excluding weapons that infringe international humanitarian law. The third is exclusion of companies from the fund where the active ownership has not worked and at that point in time it is appropriate to remove the companies from the fund. The fourth is positive selection of where there is good practice and positive targeting, particularly of new green deals, and so on, so that an element of the fund would be placed towards that.

On active ownership, it must be acknowledged that the NPRF has signed up to the principles for responsible investment, and that is a positive step. However, our sense is that it needs to go further, particularly in looking at how we comply with international conventions to which Ireland is a party. While there is a system in place, it needs further enhancement.

On negative screening, there was a positive step in terms of the NPRF divesting from companies involved in the manufacture of cluster munitions following the Croke Park agreement. That is a positive step, but the logic of that should go further to include single-use components for nuclear arms. This is a matter we highlighted previously.

On exclusion, the issue at present is that the fund is prohibited by legislation from excluding companies. That is clearly an area of major concern for us. We also recognise, in terms of the fourth dimension, positive selection, that the National Pension Reserve Fund has started to do this, but it needs to go further again in future.

To refer again to the Ruggie framework, it calls for the state duty to protect the rights underpinned through developing due diligence mechanisms to avoid the risk of complicity in serious violations of rights, and that any human rights harms caused through acting on behalf of or under orders of the state reflects directly on that state's reputation. Therefore, there is a reputational risk for the country in all of this. States are not automatically responsible for the abuse by a corporation but nevertheless they have a responsibility to develop and implement systems of due diligence to prevent, investigate, punish and redress. While there is not a direct responsibility, there is, nevertheless, a very significant indirect responsibility to act on these issues.

The report was submitted to the Minister for Finance in February. When we raised this at the Joint Committee on Finance and the Public Service in May the Chairman of that committee undertook to get a copy of the report. We have called already for that report to be published. It would be good to have it in the public domain. It is not in the public domain at present and that is an important factor. We believe the Irish Human Rights Commission has an important role to play in this area and that it should be brought into the discussion on the national pension trust fund. There is an interdepartmental committee on policy coherence for development. This committee also has an important role to play in all of this. Our main requests at this point are publication of the report, involvement of the Irish Human Rights Commission and interdepartmental committee on policy coherence for development and of this committee and the Joint Committee on Finance and the Public Service.

Ms Eli Ane Lund

I am amazed that I have been invited to speak to the committee and that people outside Norway notice our work. I have no opinion on what Ireland should do about its pension fund. I will simply tell the committee how we manage ours. I was previously a ministry of finance official and I am now head of secretariat of the council on ethics which deals with exclusions. The Central Bank is investing the money and deals with active ownership. My expertise is in the area of exclusions.

I will commence with telling the committee a little about Norway's fund.

For the benefit of members, does Ms Lund have a briefing document?

Ms Eli Ane Lund

No.

Will Ms Lund will be in a position to supply one at a later stage?

Ms Eli Ane Lund

Copies of my brief are in my backpack which is in reception.

Will Ms Lund give them to the committee secretariat later?

Ms Eli Ane Lund

Yes. Norway's fund is a sovereign wealth fund. Despite the name "pension fund" it does not have a pension obligation. It is integrated with the fiscal budget. It is approximately €320 billion in size. We own on average 1.7% of European companies and a little less than 1% of other companies. We have invested in 8,300 companies and are a major owner in the companies in which we have invested. We are not a strategic owner but among financial owners we are a big owner. The fund is managed by the Central Bank and the guidelines are set by the Norwegian Minister of Finance. All guidelines are anchored in the Parliament.

When we started investing in equities in 1998 there was a huge debate about violation of human rights and so on by companies in which we could potentially invest. There was a general outcry by the population who did not want their future welfare to be based upon the suffering of other people. There was strong pressure from Norwegian NGOs and some political parties which favoured strict ethical guidelines for the fund. It started out with one company that was producing anti-personnel landmines. We suddenly became aware of the fact that retention of that investment could be in violation of the convention. The position is the same in relation to cluster munitions. It would be strange in this framework to sell off these companies and not accept that one had some kind of responsibility for other types of violation or ethical norms.

We had a Government commission to advise us. It identified two aims of the fund, one of which is to safeguard the financial interests of the fund. They saw this as an ethical obligation so that future generations should benefit from this tremendous oil wealth. It also took as a point of departure that future financial interests would be dependent on sustainable development so that as a universal owner with ownership shares in a large number of companies and as a long term investor we would in general benefit from companies respecting ethical norms. The second aim was to avoid complicity in serious violations of ethical norms. If we find that it is likely that a company will contribute to the violation of certain norms the logical response is to sell it if one cannot make it change. We are always criticised for not selling this or that company. For fund managers ethics is to always try to influence. In this regard a conflict arises because what we do when we exclude a company is so visible. What the bank does in its active ownership is not visible in the same way. The ministry of finance normally emphasises active ownership as its main strategy.

I will now speak about our tools and active ownership. The guidelines for active ownership are based on the OECD guidelines for multinational companies and the global compact. The Central Bank has targeted three key areas within the ethical part of its mandate, namely, water management, the rights of the child and climate change. They draft expectation documents which they send to companies particularly at risk and set out what they expect from them. It also has a consultancy company which ranks the companies along these guidelines and squares them. They then send the companies a score card stating how they are doing and asking if they are satisfied. They pick out certain companies for further engagement and enter into dialogue with them. They also co-operate with other investors doing similar things. It is resource intensive and so one must make a selection. One cannot target every company on every issue. One must select one's goals. The fund manger selects issues such as financial performance and ethical issues which go hand and hand. They would not target ethical issues that would obviously harm the performance of the company. They would not gain support for doing so and it would probably be a waste of resources.

I now come to the exclusion part of the fund, for which our fund is famous because few other funds exclude companies in the way we do. There are two routes for being excluded, one of which is product based. We exclude companies that produce weapons that violate fundamental humanitarian principles. In practice this means nuclear weapons, cluster munitions and anti-personnel landmines. We also exclude companies that produce tobacco and sell military equipment to Burma. In all, 37 companies have been excluded for these reasons. The second is exclusion based on conduct and includes companies that contribute to gross violation of human rights, gross environmental damage, gross corruption, gross violation of the rights of people in war and conflict and other particularly serious violation of ethical norms. There is a high threshold in respect of exclusion. Not every violation of human rights would be serious enough for us to consider exclusion of a company. It is a measure of last resort. If we can make the company change, it is better than selling the shares.

A major challenge in this area is to get reliable information. There are so many rumours out there. It is hard to document the facts. There are eight people in the secretariat of the council of ethics who assess companies. We manage to look through a handful of companies a year. Last year, we looked at perhaps 130 companies. It takes a great deal of resources to do this. It is difficult to assess facts or a company's part in a violation. Very often, for instance, a Government is building a dam and replacing people. What is the part of the construction company? There are assessments like that. The aim of this is to have clean hands and to not contribute to violations. This means we have a forward looking element. We are not excluding companies to punish them for past violations. We are making an assessment of the future, saying we do not wish to contribute if we believe it is likely that violations will occur.

The guidelines have recently been revised. Increased emphasis has been placed on influence. The ministry of finance has equipped us with a new tool, observation. We may deal with companies with different shades of grey in respect of whom it is hard to prove if they qualify for exclusion. We now have more contact with companies. We write to them asking detailed questions in regard to their operations. The ministry has also set aside part of the fund for targeted investment programmes. It will first establish an eco-friendly portfolio and then, possibly, a fund investing in growth in emerging markets. The sum of 20 billion Norwegian krone is to be invested over a period of five years. International co-operation is important to the fund. We were a signatory to the UN principle for responsible investments and have been working on the global compact process. I believe the guidelines for companies operating in conflict zones will be launched today. We have also put resources into research in this area.

Our ethical guidelines are developing. It is a continuous process. It is not the case that now that the guidelines have been completed our work is finished. This process is ongoing and is in line with international development, which is changing over time. When we commenced work on this ten years ago hardly any country had ethical guidelines in place. Now, in respect of pension funds and so on, this is becoming more mainstream, in particular in respect of active ownership. The criticism in Norway was directed at the pension fund. The way of viewing this is spreading to other parts of Government. For instance, Norway is now strengthening its OECD contact point. Ethical concerns are playing a bigger part in the export credit agencies. Our work has moved from specific issues in relation to investors to development and support of the work of Professor Ruggie.

I will now take questions from members which will be banked and responded to together.

I welcome Ms Lund and compliment her on her clear, well-organised and factual address of the issues and for the sensitivity she displayed in stating she is giving us the example of the Norwegian practice and is not dictating to us what we should do. I believe her presence here is valuable and that there is a lot we can learn from the Norwegian experience. It is clear that Norway is ahead of Ireland in this regard.

It appears to me that what Ms Lund is speaking about is the type of practice envisaged by our former President, Mary Robinson, when she established a group the title of which initially included the phrase "ethical globalisation" but was later changed to "realising rights" because it is a much easier phrase to say. We can certainly learn from what Ms Lund has suggested. I would like to ask some questions, not all of which will be directed at Ms Lund. Some, in light of what we have heard, will be directed at the witnesses from Trócaire. I believe we have the document which the Chairman referred to. It is contained in the pack we received and is very helpful.

The Government has embarked on this process. Perhaps Ms Lund will state which items of her submission it would be useful for Ireland to follow. I am particularly interested in the interactive relationship by way of continuous discussion or negotiation with companies found to have difficulties. Perhaps the witnesses from Trócaire will state whether they regard this as positive. Ms Lund stated that not every violation of human rights is regarded as significant. Perhaps she will give us some examples of where the threshold lies. At what point do human rights violations become sufficiently grave and are there specific types of matters in this regard?

The issue of ethical investment is comparatively new. We did have a meeting on this issue in 2008 and even before then it was raised by some Senators in the Seanad. I am sure Deputy Higgins will be in a position to state what he has done, given he is very much a pioneer in this area in the Dáil. I want to put on record that I was quite impressed, when as a result of an approach from an undergraduate — I do not recall if he was from Trinity or Maynooth College — who had done a thesis in this area, I approached the then Minister of State with responsibility for overseas aid, Deputy Conor Lenihan, and he took up the issue of ethical investment with the Government. It was quite a hot potato. It was useful he did that. Companies such as Raytheon in the North of Ireland which manufactures military hardware were protested against. We have had a successful track record here in parliamentary terms with regard to landmines, cluster bombs and depleted uranium weapons. Disappointingly, the Minister of State was not able to be present during the recent debate on this in the Seanad and the Department took the opportunity, shamefully, to outflank him and take a reactionary position.

My next question relates to transnational companies which I believe can very often be the most dangerous providers, in particular in the mining area of South America and Asia where there has been a substantial violation of indigenous people. One example in regard to which I would like a response from the various witnesses is Goldcorp in Honduras where in 2008, the Honduran Department of the Environment found high levels of heavy metals, arsenic, lead and mercury. I am taking this information from a Trócaire report. This group has been impugned by organisations including the Roman Catholic diocese of Santa Rosa led by its bishop, on foot of alleged intimidation, attempted kidnapping and death threats, yet, as I understand it, Ireland continues to invest in this company. I wonder if this is appropriate and what could be done to ensure this does not continue.

As I understand it — I am interested to hear if there has been an alteration in this regard — the National Treasury Management Agency and National Pensions Reserve Fund have no human rights briefs or ethical investment element. Has that position changed?

My final question is to Ms Lund. I and others have raised the question of military acquisitions. This is not quite the same as ethical investment but it is very much in the same area. For example, the Government has defended, by saying it is not outlawed, military acquisitions by the Irish Army from particular Israeli firms involved in developing weapons used against the Palestinian civilian population in Gaza. The Norwegian Government has banned the acquisition of military hardware from these specific firms. Perhaps Ms Lund will provide further information in this regard and will comment on whether she agrees with the acquisition of military hardware from impugned companies in countries that have a controversial policy.

I apologise for being late. I was not free to attend until now. I join Senator Norris and the others in welcoming Ms Lund, Mr. Williams and Mr. Cumming. I want to make a few points as this is an important discussion.

On previous occasions I paid tribute to the Norwegian experience and I am well aware that on the United Nations target, whereas Ireland is struggling to reach our 0.7% of GDP target, Norway's spend is at approximately 1.1% of GNP, which is a signal to all of the rest of us. In addition, I looked carefully some time ago at the Norwegian White Paper on development, which probably is the white paper that contains the largest component of human rights thinking. I might turn to a couple of points in that regard.

I am becoming pessimistic about the way this argument is going internationally, and even at the level of the civil society. My reason is that I, as documentary maker, attended the United Nations conference on economics and development many years ago in Brazil, where an interesting thing happened. Many states were represented. The Heads of State attended in great numbers, but most of the threatened communities such as the islands of the Pacific where the sea level would rise and wipe out communities, and so on, because they were not states, were not represented, and there were all these former colonial countries speaking for them. Immediately, the Business Council for Sustainable Development came into being. It was chaired by the president of Nestlé and the vice-president was the president of Fiat. I interviewed them. From that, the business sector internationally was able to take over the concept of sustainability and it has been downhill all the way. That is my introduction to what I have to say about the Irish case.

I am not convinced that people have addressed the moral issue and the political issue of making a decision that the commercial short-term yields will be qualified by human rights thinking or by ethical considerations. I do not see that. Even in the country I admire, Norway, about which we have heard, we are coming to the end of the high point of oil yields. When I last visited Norway, I addressed an issue on television about this, where the choice facing the Norwegian Government was that it will be now selling its technology to oil exploration around the world. Will it do this with a requirement, for example, that local communities will be consulted? This issue arose on the participation, for example, of Statoil in an issue of oil exploration off the west coast of Ireland. The issue faced there was: are we now in a new ethical agenda in oil exploration.

A related point is the statement of the chairman of BP in the recent appalling developments in the Gulf of Mexico and, more importantly, the suggestion by a member of the House of Lords in the neighbouring jurisdiction of the UK, Lord Sugar, that he wanted to warn people who might be attracted to President Obama's confrontation with BP about the pension funds that were invested in BP. In other words, the pensioners who into the future were to be used as a kind of stalking horse for letting international oil exploration companies operate with close enough to impunity.

Where I differ slightly with what Senator Norris stated is that I have a question about this project of ethical globalisation as a project. It is well meant but it has logical and structural weaknesses, and epistemological weaknesses. It seems as if always we are operating in a residue of thinking. We are operating after the fact. I tried to address where we are in Ireland on this and I want to give the delegation an update on it. Senator Norris and others are correct. We all combined in Ireland, for example, to outlaw cluster bombs, land mines, and so on. We have done well on that and I am happy about that. However, we did not get far in addressing the issue of end use in dual-use projects, and that remains an issue. We are always running after the bus. In a curious way, the civil society dealing with parliaments seems to do well running after the bus, not only on this issue. It can be critical of parliaments and make its demand, but really it does not push on to make the demand of the structure of economic thinking and the epistemological assumptions that are at the root of all of this, which is, that environmental issues, ethical issues and human rights issues come after the economic performance. That is why I gave the Business Council for Sustainable Development example, that it was able to see off the best expressed wishes of the global forum in Brazil in my day.

I asked in Parliament where we are in this regard. I asked the Minister for Finance, on 20 May, if it is his view that the National Pensions Reserve Fund should operate within the guidelines of ethical investment and in his answer, among other things, he stated:

In its work the Committee has considered the appropriateness and possible nature of an ethical investment policy for the NPRF. The approaches to ethical/responsible investment taken in other countries have been reviewed [that is good], and submissions from a number of civil society organisations have also been considered. The Deputy will also be aware that the NPRF was a founding signatory in April 2006 to the UN-sponsored Principles for Responsible Investment which seek to integrate environmental, social and governance issues, in addition to financial issues, into investment analysis and decision-making.

I understand that the Committee's report is now complete and I will consider it in due course.

That is where we were on 20 May last, as far as the Government is considered in answering my question.

I want to make a couple of relevant points in this regard. I am indebted to NGOs such as Trócaire and Christian Aid and even those in CONCORD, which is the association of different groups. Really, to have credibility, Governments should be required to give some performance on the extractive industries. In many countries in Africa the falsification of accounts enables the extractive industries to avoid more than we give in aid. More than Norway and the European Community together gives in aid to a country like Tanzania is lost by what is dodged by multinational corporations in the extraction of gold.

I made this point, and I am coming back to it. I will not go into it now but it is in the Official Report in the context of a case I made recently about economic partnership agreements between the European Union and Africa, which was merely one of my points. I do not see performance on the extractive industries. I do not see a robust scheme from anybody on oil extraction. I will cite other examples such as where there are breaches of rights in contested territories such as the Sahara Arab Democratic Republic and of the Saharawi people. The legal officer of the European Union regards the agreement involving the European Union, for which Spain is the principal beneficiary in fisheries and for which France is the principal beneficiary in exploration, as in contested water that they do not own. We had this in East Timor. On land, for example, an Irish company, Island Oil and Gas, in its brochure circulated investment opportunities for exploration near Smara, which Morocco occupies, which also is a United Nations matter. Areas where there have been Security Council decisions, International Court of Justice decisions, and so on, are not in the frame.

It has taken me a long time to say this, but in many cases I pay tribute to the ILO for its reports on bonded labour. I do not see performance on bonded labour, for example, on issues with which we all would have dealt on Israel, Palestine, Gaza, and so on involving companies including an Irish company indirectly participating in the building of the wall, which divides Palestinian lands and which has been a matter of a decision by the International Court of Justice in The Hague.

On the other issues, we should make a new approach that is not based on moral suasion on the principle of residual response but on the basis that the entire economic order is one that is almost inherently incapable of good faith on this issue. That is a challenge I make as an elected person of the Left to the very great friends I have in the civil society organisations. We cannot go on running after the bus. That is what we are all doing now. I wish I could come in here and pay tribute to everything that everyone is achieving but I am sometimes in despair at our slow progress in making any aspect of economics accountable. As we move into under-provision in the pension funds in Ireland, no more than Lord Sugar who told us all to shut up about BP, we will shortly all be told in the same way that we have some neck to talk about any kind of curtailment on an extreme open season on investment. That is the circumstance we are in. Instead of responding to a new charge on us, we should encourage those people who are on the fringes expressing ethical considerations to realise that it is at the heart of the structure of the relationship between economics and humanity that the problem lies.

Like the rendition flights.

This is where we are. I am tired of weeping for the world. The issue, as somebody else said, is to change it.

I welcome Ms Lund. She said that last year 130 companies were listed which were believed to be acting unethically and said she would not invest in them. Since the group's establishment how many companies have been put on the banned list in terms of investment? It would be interesting for the committee to have a copy of that list and compare it to what our National Pensions Reserve Fund invests in. The export credit issue was mentioned but I did not quite catch what was said. A number of constituents are inquiring about that issue because we have difficulty in trying to provide export credit for companies. Under the legislation, the National Pensions Reserve Fund appears to have only one job, which is to make money. How it makes money is not of any concern and is not laid down in legislation. It is not mutually exclusive to make money and to invest ethically.

I ask the delegation from Trócaire whether an amendment to the 2010 Act is required or if a ministerial order would allow us to establish a group similar to that of the Norwegians in terms of observing and investigating those companies in which we are investing. Should we seek a change in legislation? Ultimately, we should ask the Minister to publish the report, and following an examination of its recommendations I presume we will decide whether to follow our Norwegian colleagues in their ethical guidelines on investments. As Senator Norris has raised the issue about one of the companies in which we are investing, it would not be a bad idea if the chairman, on behalf of the committee, wrote to the National Pensions Reserve Fund and asked for its view, if any. Perhaps it will not express a view, because apparently we are not entitled to views from anybody.

We could bring it in and ask the question. I will throw out the idea and see what my colleagues think. It would be interesting to ask it to appear before the committee and ask why it is poisoning people in Honduras.

Rather than bring it in, should we write to it?

We will invite it in.

——and give it the opportunity to respond

Whatever my colleagues think.

I think that would be a good idea.

It might embarrass it a slight bit.

I am happy to be directed by the committee.

I would be happy to support what Senator Daly has said.

We will go back to——

There is unanimous support for that.

Is that agreed?

We will ask the secretariat to make the necessary arrangements and keep the members informed. Much has been said and many relevant questions have been put. Rather than go back over what has been said, perhaps the delegates would respond to the questions put. We are under time constraints. I invite Mr. Williams to take the questions.

Mr. Mike Williams

I will take some of the questions directed at Trócaire and Mr. Mark Cumming may wish to add a few comments and then Ms Eli Ane Lund can take the others.

If the delegation could be brief it would be appreciated because we are under time pressures.

Mr. Mike Williams

Senator Norris asked what were the particular items. In a sense we are looking at all aspects of it. He mentioned active ownership — we see that as being absolutely critical. There should be regular questioning and engagement with the companies. I said earlier that there is an active engagement process and it would be wrong to say otherwise but we consider it does not go far enough and is not sufficiently in-depth. In regard to the companies, perhaps it looks more at the structure of these companies and how well they perform economically and financially rather than at the other issues. Ms Eli Ane Lund mentioned earlier that there is no point in destroying a company in the process. We want the company to function but in an ethical way up front. That is a fundamental part of it.

Is there any sign of the publication of the report of the interdepartmental committee?

Mr. Mike Williams

No. We raised the issue before and at the finance committee. The chair there said he would request a copy of the report for that committee. To date we have seen no sign of it.

Would it be helpful if this committee also supported that?

Mr. Mike Williams

Absolutely.

Perhaps we could write to the Minister asking for the publication date and for a copy.

As the Minister will have certain procedural issues to adhere to, I was going to suggest——

It might hurry him up.

——we write to the Minister for Finance outlining the views and concerns expressed here today——

I suggest that one be included.

——to ensure they are taken into account in the context of his consideration of the interdepartmental report currently before him.

We would want to make sure that the Minister does not just write back saying that he answered a question on 20 May, which is not so long ago. When I asked him, by way of a parliamentary question on 20 May, he said he was considering the report. It is perfectly reasonable to ask when he proposes to make the report available, what action he proposes to take and when.

First, I was going to put the points raised here and, second, to ask him to publish the report at the earliest possible date.

I will put that to the committee later.

Mr. Mike Williams

To finish on the first point, the matter of active ownership should lead to exclusion of those companies where that is appropriate. That is not possible at the moment so it requires legislation. Deputy Higgins made many points concerning the ethical issues in regard to economics. We certainly endorse much of what he said. The frustration about us constantly chasing after the fact is a difficult factor. More broadly, it is clear that corporate social responsibility has been hijacked in that many companies see corporate social responsibility as building a school to compensate for the community and then one can get on with one's business. That is done deliberately in some cases, in other cases it may be through simply——

Like Shell's model in the Corrib field.

Mr. Mike Williams

In many places I think that is the case. There is a need for re-education in terms of what corporate social responsibility actually means. We agree that it is much broader than just tokenism. From a Trócaire perspective, we have taken up these issues in many countries around the world. This is from where we got the examples in regard to the Philippines, Goldcorp or Shell, which we have given to the committee. They are always on our agenda.

Trócaire took the flak for doing so in the 1970s and 1980s.

Mr. Mike Williams

Yes, we did, and more recently. In Ireland we take flak for some of these issues. We are prepared to do that. Civil society organisations must take flak. Ms Lund mentioned earlier that the public in Norway became indignant about where they were getting their pensions from. It is important that the public is aware of what is going on, is knowledgeable on it and is in a position to express its voice in that regard. We are all aware of the huge governance issues in developing countries, which are frustrating for everybody involved. We must tackle these issues on a country-by-country basis and must look at the international system as a whole. We will not solve these issues overnight. We share the frustrations but do not have any easy solutions, apart from saying that we do not intend to lie down on these issues.

In terms of Goldcorp in Honduras, as far as we are aware, the investment by the National Pensions Reserve Fund was €2.1 million. On all of the issues raised, which are in our report, there was very significant concern. As far as we are aware, the investment has not been withdrawn. I am not aware of it having been withdrawn or if Mr. Cumming is aware of that. The committee in its letter can seek confirmation on whether the investment has been withdrawn. We would be delighted if the committee would ask those questions because they need to be followed up. Senator Daly asked whether a ministerial order is necessary. Our understanding is that new legislation will be required, the technicalities of which we will need to examine. It is important that the Irish Human Rights Commission and interdepartmental committee on coherence and development are heavily involved in examining these issues in great detail to ensure we obtain the correct legislation.

Is the Irish Human Rights Commission in any way involved now?

Mr. Mike Williams

It is not specifically involved. It is important these issues are discussed in great detail and that we get proper legislation. While we may get legislation, it might not be adequate for what is required.

Ms Eli Ane Lund

The question was asked as to when human rights violations are grave enough. Norway is committed to human rights. I do not suggest the question is not important. In assessing companies we look for the worst forms of child labour as opposed to child labour in general. We try to identify the most important cases and in this regard apply the core ILO conventions rather than all ILO conventions and so on. However, all are important.

Norway's pension fund continues to invest in Goldcorp.

Ms Eli Ane Lund

It is hard for me to comment on specific companies. Goldcorp is feeling the pressure from investors and civil society. I will make only one comment that is in no way related to this issue because I have not looked at it. Often we find that allegations against companies are difficult to prove. For instance, it is hard to prove who is behind the assassination of trade union leaders. There are so many rumours out there. One finds when one looks into allegations that what is in the press is often not correct.

The assassinations are a proven fact.

Ms Eli Ane Lund

It is difficult to prove who is responsible.

In some of the South American countries, in particular Colombia, they actively deny the assassinations take place. The Government is clearly lying. We have had witnesses appear before committees who have told blatant lies. The trade unionists who appeared before these committees were able to give us a list of the names of the people murdered. We are now hearing that the situation has improved.

Ms Eli Ane Lund

Our challenge is to prove allegations, which is hard.

It is interesting that Norway continues to invest in Goldcorp and that we are wondering why we should do so. Must cases be proven beyond all reasonable doubt or is the balance of probability acceptable? Many of us here are not big fans of the Catholic Church. A bishop has stated that his parishioners are being killed and the community is being devastated. While obviously the credibility of witnesses, as opposed to those making millions by doing things on the cheap and polluting the valley, is important, the question that must be considered is in whose best interests it is that the truth not come out. Why would a bishop say that Goldcorp is damaging his community and kidnapping his parishioners? It would be interesting for us to hear how the Norwegians have investigated this and how Norway reached its conclusion. It is interesting also that the people who brought this information to the council are seated on Ms Lund's left. How is it that a company with this case to answer continues to be invested in by the Norwegian Government?

I would like to reinforce what Senator Daly said. The finding of high levels of toxic materials in the tissue samples came not from the bishop but form the Honduran Government's analysis, which makes it difficult to understand what is going on. Perhaps, with the greatest respect, Norway might reconsider that one.

We will have to consider it first. Norway reconsidering its case does not help us.

It suggests a high level of tolerance for human rights abuse.

Please allow Ms Lund to conclude.

Ms Eli Ane Lund

I cannot comment on that point within the time available. I can only say that 47 companies have been excluded from the fund. The Norwegian Government is expanding its way of thinking into other areas, which is the interesting part of this. The environment and human rights issues are taken into consideration in respect of the issuance of export credits.

This relates to Norwegian companies requiring export credits.

Ms Eli Ane Lund

Yes. While we give a small modest contribution, it is a contribution in the right direction. We have been challenged with solving all the problems of the world through our pension fund. We cannot do that but we can chose to play the right part or do nothing. That is our choice as a pension fund. We must adhere to foreign policy and regulations. The responsibility for human rights cannot and should not be left to investors. When faced with the choice of doing something or nothing, we have chosen to do something.

We are encouraged and inspired by what Norway has done.

Ms Eli Ane Lund

We welcome criticism.

To be positive in terms of what I have said, Ms Helen Clark has been appointed as the new head of the United Nations Development Programme. The experience in this regard should be forwarded to her. The UNDP, under Lord Malloch Brown, supported the uncritical view of development in the south of the planet. It is not a matter of solving the problems of the world, rather it is a matter of avoiding the reality that exists, namely, that poorer people are not treated with the same care as are people in the developed world. It is poor, voiceless peasants who have to put up with cyanide in my name. That is the reality. No one has credibility. It has been stated that while there is in the north of the planet one set of standards one can get away with another set in another part of the planet. I would like, before I finish in politics, to see the UNDP considering this at some point when it comes to its report on the world and so forth. I was sceptical of Lord Malloch Brown but I have more faith in Ms Helen Clark. All of us doing work in this area should send our observations to her.

Mr. Mark Cumming

I would like to respond to a comment made by Senator Norris in regard to how the National Pensions Reserve Fund could move forward with its active ownership work. I recall the former Minister for Finance, Mr. McCreevy, saying in 2000 that one did not have much influence through active ownership. Obviously, thinking in this regard has changed and we now know that we must do something, which is what the National Pension Reserve Fund, NPRF is currently doing. A particular suggestion we made to the NPRF was that, as with all pension funds, given it owns a small amount of the companies with which it is involved, it could, like the Norwegians take a particular theme and be known internationally for that theme so that when one is speaking to the NPRF in regard to active ownership one knows it is concerned about extractive industries. Trócaire and other NGOs, including the UN special representative of the Secretary General, Professor John Ruggie, are aware that it is very often the extractive industries that are involved in the most egregious abuses. It would be great if rather than trying to work across a whole range of issues the NPRF could link its ownership work to international conventions to which we have signed up, including the OCED guidelines on international enterprises, and adopt a particular theme such as extractive industries for which the Irish pension fund would be known, thus ensuring it can drive forward a dialogue with companies such as Goldcorp to press for change. When not able to achieve this, the law needs to be changed to allow us to divest out of such a company.

I thank Mr. Williams, Ms Lund and Mr. Cumming for their enlightening presentations which are very much appreciated. As already agreed, I will request the committee secretariat to forward to the Minister for Finance, Deputy Brian Lenihan, a letter outlining the views and concerns raised here today and to seek his assurance that they will be taken into account in the context of his consideration of the interdepartmental report currently before him and to urge him to publish the report at the earliest possible date. Is Deputy Higgins happy with that?

We will arrange for that letter to be sent to the Minister. We will also ask that Mr. Cumming's comments in regard to theme, which are very worthy, be taken on board.

We should include them in the letter to the Minister.

Yes. As there is no other business we will adjourn.

The sub-committee adjourned at 12.55 p.m. sine die.
Barr
Roinn