John Gormley (Dublin South East, Green Party)

The Bill that Deputy Hogan now proposes, the Dublin Docklands Development Authority (Amendment) Bill 2009, has a number of objectives. They are to bring the authority within the audit remit of the Comptroller and Auditor General; to allow the Comptroller and Auditor General undertake special reports into the authority's operations; and to require its CEO to come before the Committee of Public Accounts to report on the authority's accounts or on any special report undertaken by the Comptroller and Auditor General.

The Dublin Docklands Development Authority, like all State bodies, must apply the highest standards of corporate governance and financial management and must be accountable to the appropriate oversight authority on these matters. There is no disagreement between me and Deputy Hogan on that basic principle. However, we may disagree on whether the Comptroller and Auditor General is the most appropriate oversight authority and, if so, the timing of any decision to bring the authority within the audit remit of the Comptroller and Auditor General.

I have stated as recently as 24 November in response to questions raised by the Deputy in the House that I will keep the role of the Comptroller and Auditor General in auditing the authority under review. I am not yet ready, for reasons which I will outline, to take a final decision on this matter. I cannot accept the provisions of the Bill at this stage.

The 1997 Act establishing the Dublin Docklands Development Authority sets out the basis on which the authority is to be funded, including arrangements for it to raise borrowings and the mechanisms by which it is to manage its financial affairs, including how its accounts are to be audited. The authority's accounts are subject to a full and detailed audit by its independent external auditors, KPMG. In accordance with the requirements of the Act, the annual report and accounts of the authority are laid before each House of the Oireachtas.

The State's code of corporate governance, which was most recently updated this year, sets out the governance arrangements that should be applied by the authority in the conduct of its business. It deals with matters such as the avoidance of conflict of interest, adherence to proper procurement practices, participation in joint ventures and acquisition of shares by a State body, the preparation of corporate and strategic plans, and the appropriate reporting arrangement for annual reports and accounts.

A somewhat unique approach in the docklands and a key element of its success has been the collaborative and partnership arrangement that exists through its advisory council. The authority is structured in such a way that ensures that public consultation is ingrained in its operation through the 25-member representative council and various consultative fora. The members of the council come from a range of different backgrounds and political parties. The council adopts the master plan for the authority, which is the blueprint for how the authority determines priorities and plans its business. This working model is now regarded as best practice in both a national and international context.

The final piece of the existing oversight arrangements is the facility for the Oireachtas, through the Joint Oireachtas Committee on Environment, Heritage and Local Government, to question the authority on its financial position and other relevant issues. I was somewhat surprised to find that one week after the Deputy led the questioning of the dockland authority's chair and acting CEO before the joint Oireachtas committee for over three hours, we now have a Bill before the House proposing to transfer responsibility for Oireachtas oversight of the authority from the Deputy's committee to the Committee of Public Accounts.

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