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Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: My issue relates to the National Oil Reserves Agency, NORA.

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: That agency is gathering up money it does not need. I wanted representatives from that organisation to appear before this committee, along with representatives from the relevant Department. It was decided to ask the Comptroller and Auditor General to give us a few words on that organisation today and then we would discuss the matter further.

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: I will just talk about this issue for a minute and then other people can give their views. Under European law, we have to maintain a reserve of 90 days of oil to keep ourselves going. Money is needed to do that. The original regulations establishing the agency date from 1995, but the most recent legislation dates from 2007. A levy is applied every time we buy petrol, diesel or home...

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: Yes, it was. That is money that agency does not need. The surplus per year, depending on usage, is about €90 million. I do not know what the fund total amounts to at present. Does the Comptroller and Auditor General have that information?

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: It is suggested anecdotal evidence. Looking at previous years, it could be around €240 million or thereabouts. My issue in raising this is not in any way to be a representative of the industry, which is big enough to look after itself. My interest is that this money has been raised. It is sitting in an account and there are hard-pressed consumers. The levy is at 2 cent, which is...

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: I understand, but can we do that retrospectively? We breached our own legislation in the amount of the levy because about half a cent per year is probably what it should be as opposed to 2 cent. It went up to 2 cent from 1 cent back in 2009, I think, because NORA owed €450 million. It has now cleared its debts since 2017 but we ploughed ahead gathering up the money. What is the...

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: Can the Comptroller and Auditor General enlighten us? Am I correct in saying this is a breach of the legislation?

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: Unless the agency planning to build a storage facility for the whole of the EU.

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: Absolutely. Can I ask again if I am right in saying it is a breach of the legislation?

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: The Comptroller and Auditor General is saying that from a legal and accountancy perspective, it is quite okay for the Government to rewrite the legislation to say-----

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: It can.

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: Of course. The House can. There is no legal issue around this money being repurposed, is there?

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: Unsolicited?

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: Really? I would love if such a level of proactivity was engaged in on all matters.

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: I just have two things to say before I finish and after the Chair has spoken, if that is all right.

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: My problem with this is that it is a clear breach of the legislation. I appreciate that the Comptroller and Auditor General does not want to go on record and is not a lawyer. I do not need to be a lawyer to know it is a breach of the law. If a punter breaks the law, we throw the book at him or her. When the system breaks the law, we circle the wagons, repurpose and fudge it in language....

Public Accounts Committee: Business of Committee (10 Oct 2019)

Marc MacSharry: I think we should bring in NORA because I would love to hear its view on the legal position and the invidious position it is being put in by Government policy.

Public Accounts Committee: 2018 Financial Statements of the National Transport Authority (10 Oct 2019)

Marc MacSharry: This week the budget explanatory documentation indicated that the NTA was to receive additional moneys for current expenditure. We do not know how much that is yet. Perhaps the representatives here can enlighten us. It specifically said it was for staff. What staff or roles are involved? Are they additional staff, is it for filling new or old roles? Is it to fill a current expertise deficit?

Public Accounts Committee: 2018 Financial Statements of the National Transport Authority (10 Oct 2019)

Marc MacSharry: What added value will that give to the NTA?

Public Accounts Committee: 2018 Financial Statements of the National Transport Authority (10 Oct 2019)

Marc MacSharry: It will replace the need to procure certain expertise, then, rather than getting it on a consultancy basis.

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