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Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: Proceed once you are happy.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: It was ready last March and published yesterday.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: Yes, that is exactly what I was saying. We will write specifically to ascertain why there was a delay last summer.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: I have a few questions. Mr. McCarthy referred to some comments made by the Secretary General of the Department. He was here before Christmas and I remember that very well. He cited the Norcontel report. We will take that up again with the Department and not Mr. McCarthy. I want to get the facts on the record by asking Mr. McCarthy some questions. He mentioned the competitive situation....

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: We are more concerned with the MANs and the public business with the State rather than private business. In that regard, there is no competition.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: Eir did not even bid for the MANs because it was an operator at the time.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: I do not think it sought the MANs.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: That is fine. The point made today by Eir was that under the European procurement rules an operator could not provide the service supplied by the Enet. It had to be independent. It was stated that Enet met that condition at the time. Now that it has a sister company in the same business, however, Eir questioned whether that condition was still being met. Does Mr. McCarthy understand the...

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: That is fine. They are well separated.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: The sister company of Enet, however, does act in that capacity.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: I suppose that is where public confusion arises. Mr. McCarthy can understand that. I ask Mr. McCarthy to send that document to the committee because it will be important in our deliberations.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: What year is that document from?

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: I ask Mr. McCarthy to give us the provenance. We are putting these questions now because otherwise we will have to come back to them later. It has twice been stated that the original contract provided for an extension.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: The contract did not have to provide for that, but the Department chose to go that route. It could have retendered. If Enet had invested in the latter years of the contract and the contract was not renewed, I presume it would have included a mechanism of compensation for unrecovered investment.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: I gather from Mr. McCarthy that, when Enet entered into the last few years of its contract, it put it to the Department that it wanted to continue investing.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: From Enet's point of view, that would only have been viable if it had been able to recover the investment over a seven year period. That is one of the reasons Enet would have sought an extension.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: Was there a corresponding opposite agreement to the effect that, if Enet continued investing but did not recover its investment because it did not get an extension, it would not then be out of pocket?

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: We will allow Mr. McCarthy to check. He gets my meaning. I presume the contract was a two-way street.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: Back to the State.

Public Accounts Committee: Enet (14 Feb 2019)

Seán Fleming: If investment was incurred in the latter years of the contract and, because Enet did not receive an extension, that investment transferred back to the State, where would Enet's non-recovery accrue? A normal business would want to get a return on investment, but Mr. McCarthy is saying that it went to the State.

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