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Seanad Éireann díospóireacht -
Wednesday, 8 May 1985

Vol. 108 No. 3

Joint Committee on Commercial State-Sponsored Bodies: Motion (Resumed).

Debate resumed on the following motion:
That paragraph 1 of the Orders of Reference of the Joint Committee on Commercial State-Sponsored Bodies, constituted pursuant to the Order of Dáil Éireann of 21st June, 1983, and the Order of Seanad Éireann of 29th June, 1983, be amended by the deletion of all words after `Bodies)' where it first occurs and the substitution therefor of the following:—
"to examine—
(a) the Reports and Accounts and overall operational results, and
(b) in the light of the reports published pursuant to sub-paragraph (a), the common issues relating to Board responsibility, structure and organisation, accountability and financing, together with the relationship with central Government and the Houses of the Oireachtas
of State-Sponsored Bodies engaged in trading or commercial activities referred to in the Schedule hereto and to report thereon to both Houses of the Oireachtas and to make recommendations where appropriate.".
— (Senator Dooge.)

As a member of the Joint Committee on Commercial State-Sponsored Bodies I welcome the extension of the terms of reference to common issues relating to a number of areas of concern to these bodies. The commercial State-sponsored bodies which are the subject of examination by the committee are owned by the State, controlled by the Government and, should they incur losses, the taxpayer carries the can. Therefore it is only right and proper that an Oireachtas Committee should examine these bodies to try to ensure that they are run efficiently and in the best interest of the State and, of course, the taxpayer. I would stress at this stage that our work is not a witch hunt. It is an objective assessment of these bodies in order to ensure that they do a better job where improvement is necessary.

Senator Dooge, on behalf of the Minister, made a comprehensive speech and covered a considerable amount of ground, including board responsibility. There was reference in his speech to the question of the objectives of these bodies. It is vital that the objectives of State-sponsored bodies be clarified and reviewed at regular intervals. In our report on Irish Shipping Ltd. we recommended that the objectives of State-sponsored bodies be reviewed every three years and that such reviews be included in the annual reports. It is of key importance obviously to clarify what business these bodies are in. In the case of Irish Shipping it was founded to meet the strategic tonnage required in war time conditions. But it drifted a long way from that. On the question of objectives, I would raise the question as to whether Irish Shipping should have been in long term charters at all. A State-owned body founded with the central objective of meeting the strategic tonnage required in war time conditions was latterly heavily engaged in transporting goods between foreign ports. The original objective we were told in evidence, was not reviewed for 21 years. Yet when Irish Shipping were liquidated the Irish taxpayer picked up the tab. The review of objectives is vital. We have recommended it in the Irish Shipping report for general application. I am pleased to see it in the Minister's opening speech.

I now want to refer to the question of the appointment of directors to the boards of these bodies. They are political appointments. In most instances the appointees have given sterling service. I want to make a plea to all political parties that only the best qualified people should be appointed to these boards in terms of their skills and their expertise. If we are going to attract the best people to these boards we have to do two things. We have to appeal to their sense of public service and we have to pay them. The Minister refers to the modest remuneration. Something should be done about that. Many are serving on these boards for a net sum of £300 a year. Obviously that is entirely inadequate and in no way matches the demands placed on them by these boards.

On the question of control of State-sponsored bodies, I worked for seven years in two of these bodies before I joined the staff of UCD. I would be the first to defend their right of control over day to day matters. But when substantial policy changes are made, or substantial capital expenditure is incurred, then there is an obvious obligation on these State-sponsored bodies to inform the relevant Departments.

There have been over-runs on capital expenditure which have been referred to in the Minister's speech. The joint committee have reported on OIE and Irish Shipping Ltd. In the case of OIE, there was a sixfold overrun in what turned out to be a disastrous investment decision — the hotel in Belfast. Six times the sum approved by the relevant Department was actually spent on that. Obviously there is a need for tightening up on capital expenditure. The board of OIE should have been on the alert and reported to the Department. But equally the Department should have been on the alert to ensure that they were getting relevant information quickly. There are then two sides to the control problem.

Again, in the case of Irish Shipping Ltd. there was a substantial increase in long term charters at the wrong time. The board did not inform the relevant Department of these particular decisions which proved disastrous — I use the term used by the Minister for Communications last year in connection with these charters.

I mentioned earlier the question of balance between, one the one hand, bureaucratic interference, which may stifle the operation of these bodies and, on the other hand, accountability to the shareholders and ultimately to the public and the taxpayer. This is a difficult balance to achieve. If the measures in the Minister's speech are implemented, then there should be progress in achieving that particular balance. Let me return to the question of expertise. The Minister has highlighted the importance of appointing people with appropriate expertise to State bodies. My concern is that if these well qualified boards put forward proposals to the relevant Department is the staffing and expertise present in the Civil Service to evaluate these proposals? Perhaps the Minister will pick up that question in reply.

It is all very well to appoint better qualified people to the boards of State-sponsored bodies who in turn are expected to report to the relevant Departments so that their proposals and performance can be evaluated. But it is absolutely essential that the relevant expertise be available in the Government Departments properly to appraise and evaluate the proposals and results put to them. Civil servants, for the most part, are highly competent people. Some of the proposals put forward by these State bodies are highly technical and highly complicated. Unless something is done either by training civil servants or employing consultants to evaluate the proposals, it is too much to expect, given the Civil Service pattern of experience that we have had in the past, to cope with——

Well, perhaps the Minister will indicate whether he is satisfied that there is adequate expertise available to evaluate the various proposals from the wide range of State-sponsored bodies, in the course of his reply.

I want now to refer to the question of guaranteed borrowings. This is an appropriate time to look at several aspects of State-sponsored bodies. The Minister in his speech has gone quite a distance in looking at various facets of their operation and what might be done for improvement. Many of these State companies are starved for equity capital. It has been an easier option for successive Governments to guarantee borrowings to these bodies rather than face the more difficult decision of providing the necessary equity capital. One consequence that flows from this is that financially these bodies are in a weaker position because they do not have the necessary capital base. Furthermore, financial institutions in the past have had no difficulty lending money to State bodies because they have got a State guarantee. In other words they do not feel obliged to adopt the same rigorous criteria in evaluating requests for loans from these organisations as they would in the case of ordinary commercial institutions. After all, a loss-making company cannot service borrowings, so it is a question of adequate equity capital which needs to be addressed. Again, I would like to hear the Minister's view on that. I view guaranteed borrowings as a short-term device to get State-sponsored bodies over financial difficulties in a limited period.

I would like to draw the Minister's attention to the remuneration of chief executives. The Devlin controls are inadequate for the recruitment and the retention of these chief executives. Many of them obviously are highly competent people but since they do not get anything like salaries comparable to their opposite numbers in the private sector there is the obvious temptation for them to leave. There is some movement in relation to the Devlin controls in regard to remunerating chief executives. Something positive needs to be done quickly in that direction. Furthermore, chief executives should have bonus schemes or a range of incentives to encourage them to improve their performance. Deputy Bruton is here in his capacity as Leader of the House——

I am advised that I cannot be here in that capacity, so I am here in my capacity as Minister for Industry, Trade, Commerce and Tourism.

I just went on the Minister's earlier view that he was here as Leader of the Dáil. I have read the Minister's speech carefully, but quite frankly I find it difficult to have confidence in the proposals put forward in his speech because of the experience we have had on the joint committee in recent months.

In this proposal?

No, I will elaborate, Minister, in a moment. The joint committee have had two recent body blows to their work. The first one relates to Irish Shipping. We had put many months of work into that report. It was nearing completion before the Government's decision to liquidate took place. The joint committee were not even asked to make available the fruits of their deliberations before the Government decided to liquidate the company. We view our work as a valuable input into Government policy-making. We felt that the contents of our draft report would have been a very valuable contribution to the policy decision whether to liquidate or not.

We took this matter up subsequently with the Minister for Communications and the word we got back was that there was no insult intended: it was just an oversight. There was no calculated intention to by-pass the committee's work. We accepted that at the time. A matter of weeks later, however we had the RTE affair. I was on an earlier joint committee that reported on RTE comprehensively in 1981. The logic to our appointment of consultants to RTE in the recent past was to update the report that we produced in 1981. The reply of the Minister for Communications at the time was that the consultants were engaged in mere desk research and it was not as comprehensive as what he envisaged. That is plainly not so. The committee decided to get an update on the comprehensive report on RTE that was produced in 1981. I was a member of the earlier committee, and that is why I have first-hand knowledge of it. I found the Minister for Communication's explanation at the time a spurious one and his appointment of consultants was merely, a mechanism to delay the appointment of the new director general until such time as he could appoint a new Authority. We are taking our work on the joint committee very seriously, all 11 of us, and invest many hours on it. We found that our work in relation to Irish Shipping, and RTE was very adversely affected by ministerial action. We felt rather badly about it.

The Minister has referred extensively to the White Paper on Industrial Policy in his speech. That White Paper says that the chairman of a State-sponsored body will be consulted about appointments and reappointments to the board. How do we reconcile that with the statement by the former chairman of B & I that he was not consulted about the appointment of a new chairman? Why was the White Paper, which is referred to extensively in the Minister's speech today not actually implemented in the case of B & I? I want to add that I happen to know Mr. Alex Spain, the new executive chairman and I wish him well. He is a man of exceptional competence and I am sure he will do a very good job. That, however, is a little beside the point that I am making. I am concerned about how seriously are we to take the ideas in the Minister's speech and how seriously are we to take the points relevant to our work as a joint committee which are contained in the White Paper on Industrial Policy.

My final point relates to Bord na Móna, another that is on our designated list for examination. There are two vacancies on that board and they have had no chairman for several months. I suggest that the absence of these board members, and in particular of a chairman, cannot help the decision-making process of the board. I am not expecting the Minister to be able to answer me here on the spot but I would like him to get an answer from his colleague, the Tánaiste and Minister for Energy, who has not filled these board vacancies. We can talk all we like about board members and their expertise and about the behaviour of boards and of civil servants, but the Minister for Energy has direct responsibility for these board appointments. I look forward to the Minister's reply. Thank you.

First, I would like to welcome this presentation by the Minister. I would agree with it for the most part. I welcome the statement that the Government are determined to bring about a major improvement in the performance of semi-State bodies and a continuing reassessment of their operations in the national interest. That statement is very valid and a very important statement to make. As I am a member of the State-sponsored bodies committee I would agree with quite a number of points that Professor Hillery made. I would possibly disagree with his interpretation of the Telefís Éireann situation. I would welcome the Government's position in that regard, that they are putting in a top management consultancy team to examine the work of Radio Telefís Éireann. The cost of that consultancy proposition alone would probably run into many hundreds of thousands. We in the State-sponsored bodies committee would not have that money available to us. I welcome the fact that the Government are going to do it. We are setting about having a certain investigation but not to the extent that the Government contemplate.

I would agree totally with Senator Hillery in the case of Irish Shipping. In that case we spent many days and months investigating Irish Shipping. We were a knowledgeable body as far as Irish Shipping was concerned. We had interviewed the board and had interviewed many of the unions attached to Irish Shipping so that we were in a very strong position to advise the Minister as to what course of action should be taken in that case. We were disappointed naturally that we were not involved and the Minister subsequently indicated that possibly one of the reasons that he could not involve us was because of the situation of Irish Shipping going into liquidation. Possibly we would have accepted that but we had done an immense amount of work in Irish Shipping and that work should have been acknowledged. As far as Irish Shipping are concerned we had much to say. The Minister made a mistake by not involving the committee before making that decision.

I would agree totally with the Minister when he talks about the clarity of the objects clause. There is massive confusion as far as the objects clause is concerned. Take, for example, Irish Shipping; it should be involved in shipping. It was involved in property, shipping, insurance and it had involvement in many other areas which were totally alien to shipping. The same could be said about CIE. They were involved in hotels and transport. I would agree totally with the statement on capital projects that the matter should be controlled properly. We asked the Chairman of CIE, Liam St. John Devlin, to account for the loss of £10 million in the hotels and why CIE got involved in leasing massive areas instead of getting involved in capital projects and why the Minister had not been consulted. His explanation was that his terms of reference did not cover leasing: that he could lease what he liked and did not have to ask for permission. When talking about capital projects one should also talk about leasing, because it is an area in which people in semi-State bodies seem to be able to get around the law.

The other case which we investigated was Údarás na Gaeltachta. We find that they were involved in carpets, computers, farming, engineering and financing. What expertise did they have that they could cover such a variety of subjects? This I cannot understand. In the same way we have argued that Allied Irish Banks were involved in banking and we wondered why they should get involved in an insurance company, seeing they knew nothing at all about it. We see the massive implications for this Government from the fact that they did get involved in insurance. They even admitted themselves that they were not capable of assessing the company. If so, why did they get into it in the first place?

The object of semi-State bodies is that there is an expertise available there. It should be related to specific areas where the terms of reference apply. For example, CIE should not have got involved in hotels but in transport and Irish Shipping should deal with shipping and not something else. The commercial State-sponsored bodies committee were told by a senior director that he had met seven Ministers in the last four years and that we were just a passing phase and would go away and did not really matter. He was probably right, because it did not really matter what we had said to him: he would just continue on his merry way.

Did he say that on the record?

Yes, he said it. It was on the CIE hotels; it was the first statement I heard, that we did not really matter. What we need is some kind of permanent body to monitor semi-State bodies so that there would be a continuation irrespective of elections, of people to monitor their activity and they would know that.

I think this proposal does not go far enough. We had a major problem with Irish Shipping when we asked for certain directors to come before the committee on State-sponsored bodies and they refused. We should have had the law on our side and been able to subpoena people to come before us and they should be accountable. These people had put a very good company into liquidation. They were free outside there and we had no power to bring them before us. We asked for that permission and we asked them in many ways to come before us and they refused. One man said he was on holidays and when asked again he said he would be in England for the next week. We could not get him to be accountable to the people for the affairs of that company.

I would agree with the Minister when he states that accounts should be produced, and I believe these should be presented at regular intervals. I cannot see any reason why the Minister cannot get a statement every month of the sales, profit, current assets and current liability situation, the amount of money spent on capital expenditure, their projections and any anticipated problems. This can be produced on one page. It does not need a massive amount of statistics to obtain this type of information. I believe the year for all semi-State bodies ends on 31 December. All audited accounts should be done by the Comptroller and Auditor General. There is no reason why this cannot be done. For example, in Údarás we had the Comptroller and Auditor General auditing the accounts and we had individual accountants auditing all their individual companies, but also at different times in the year. This is wrong.

With the Comptroller and Auditor General a team of accountants and management consultants should be available to him so that he can perform these audits. The relationship between the Minister and the committee should be strengthened. We were all agreed on that, including the Minister, I think. There was talk earlier that the chairman of the State-sponsored bodies committee would get the status of a junior Minister and be upgraded. This seems to have subsided. This would be a boost for the committee. It would be a recognition of what the committee does. It would be a very important step in the right direction, to give it that status. I would agree with the situation regarding the appointment of boards, that board members should be appointed on the basis of the proper qualifications.

When boards make a bad decision they should be made accountable and the Minister should ask for their total resignation. The boards seem to do what they wish and the terms of reference are wide open so that they can do what they wish. The time for that is gone. Management of semi-State bodies is crucial. We have seen what happened in Irish Shipping where a manager could bind a company and the State into massive contracts. This is totally out of order and should be rectified.

We have carried out, as Senator Hillery has rightly said, various investigations. Our investigations should be shorter. Previously there was a policy whereby one would investigate Radio Telefís Éireann or CIE and so on over a year or a year and a half and produce a long document which nobody ever read or cared about. Once it is finished, the semi-State bodies themselves say: "That is the end of that: We will not see these people for another ten years." What we should be doing as a semi-State body committee is examining, on a frequent basis, aspects of a company. We have the expertise on that committee. I am proud to serve on that committee. We have——

An Leas-Chathaoirleach

Much as I dislike interrupting you, it is now 6.30 p.m. May I ask you to move the adjournment of this debate?

It is hoped to resume the debate on an occasion when the Minister can be present. We will endeavour to fix a date accordingly.

Debate adjourned.
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