Seanad debates
Tuesday, 17 December 2002
National Development Finance Agency Bill, 2002: Second Stage.
Senators Finucane, Browne and others asked about the provisions in the Bill for special purpose companies. It is proposed that section 5 will provide powers to enable the establishment of special purpose companies, or SPCs, to give the NDFA additional options for raising moneys on the most beneficial terms for relevant projects. Section 5 now provides that the NDFA may itself form, or cause to be formed, an SPC. Special purpose companies are for financing purposes only and the consent of the Minister for Finance must be obtained in writing before each company is formed. Special purpose companies created under the legislation are not prevented from receiving funding and guarantees from the Minister. I am satisfied this is necessary to ensure that the NDFA has adequate flexibility in discharging its functions. It is not envisaged that functions and guarantees will be given to all special purpose companies. In practice, the power of the Minister to guarantee the debts of a special purpose company will not be used very often as it is likely a special purpose company will be used in instances where there are cash flows from user charges or tolls thereby obviating the need for such a guarantee. Nevertheless, it is considered prudent to include such a provision at this time.
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