Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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The 2007 Act provides that the agency can get its money from a levy of 2 cent per litre on petrol, diesel and home heating oil. It is a bit more complicated for aviation fuel. The Act is prescriptive in that the agency should raise this levy for its running costs. Running costs of the agency are about €80 million to €90 million a year. I am told that there is somewhere in the region of €250 million in its accounts based on this levy. We levy 2 cent per litre under an Act which states that the agency must cover its running costs and not to exceed that. It now seems to have substantially exceeded this amount. We are all hard-pressed consumers paying 2 cent per litre. It has been mentioned in the media and in dispatches from Ministers and the Department that these excesses could be used for the climate action fund.

It has been mentioned in media dispatches from Ministers and their Departments that these excesses could be used for the climate action fund. Frankly, that would be in breach of the law on the basis that if we are collecting the money for A, we cannot use it for B. I am not against using money in this way, but we live in an era in which we all accept that we are heading for carbon taxes. The receipts from the latter will be invested in the climate action fund. If an excess of between €100 million and €150 million accrues because running costs are being exceeded and if, effectively, this is being collected illegally or in a manner that is contrary to legislation, something needs to be done. The Government could consider whether this levy might be reduced or stopped - I accept that this is a policy issue - as long as we can ensure that the oil companies pass it on to the consumer. I emphasise that 2 cent a litre is an awful lot. On that basis, I think this is something at which we should look. I suggest to the committee that we should invite NORA personnel and officials from the Department of Finance to come in to discuss the issue. Does the Comptroller and Auditor General have any comments to make on what I have said? Can he confirm my concerns?