Select Committee on Environment, Food and Rural Affairs Minutes of Evidence


Supplementary memorandum submitted by the Department for Environment, Food and Rural Affairs

RESPONSE TO THE COMMITTEE'S ADDITIONAL QUESTIONS TO DEFRA ON BUDGETS AND REQUESTS FOR FURTHER INFORMATION

BACKGROUND

  Part 1 of this document includes questions the Committee did not have time to raise with the Permanent Secretary in the 4 December oral evidence session on Defra's Departmental Report 2006 and Defra's budget, and additional questions in light of this evidence session.

  Part 2 lists the Committee's requests during the session for further information.

PART 1.  ADDITIONAL QUESTIONS TO THE DEPARTMENT

CONTINGENCY FOR UNEXPECTED EVENTS

  In evidence, the Permanent Secretary said that Defra had no contingency to deal with sudden outbreaks, such as the avian flu outbreak in Spring 2006. In the past, Defra has traditionally been an under-spending department; it was therefore accustomed to having additional finances to cover such relatively small outbreaks.

1.  Given that the Department says it is no longer an under-spending department, how will Defra cope with any future sudden disease outbreaks (such as another avian flu outbreak) or floods, especially if they occur late in the year when there is little scope for transferring funds from other projects?

    —  How serious and expensive would an event have to be before HMT granted additional finances for such an event?

  It is not possible to set an exact figure, as this would depend on the circumstances involved and other priorities and issues faced at the time. As an indication, we would not expect to be able to accommodate pressures that reflected more than 2.5% of our budget, and would normally aim to manage any pressures amounting to less than 1%. Our response to pressures within that range would depend on circumstances, and the timing—a pressure of £30 million that we may be able to accommodate at the start of the year might be unmanageable if encountered during the fourth quarter.

IMPACT OF DEFRA'S BUDGET DEFICIT

  The Committee was told in the evidence session that, at the time budget cuts were made, the Department only had a relatively small amount of its budget which was uncommitted, and therefore available to be cut.

2.  Had the decision been made to revise budgets significantly earlier in the calendar year 2006, to what extent would the Department have had greater flexibility in deciding which areas budget cuts could be made?

  These decisions are made in a context of uncertainty, and their essence is one of risk management. An earlier decision would have been taken on the basis of more uncertain information. Whilst this might have provided more scope to cut expenditure sooner, it would also have involved a greater risk that such cuts would prove unnecessary. Since all of Defra's activities are conducted in pursuit of Government policy objectives, we seek as far as possible to avoid such action.

DEFRA'S EFFICIENCY PROGRAMME

  In its written evidence to the Committee, the Department said that, due to Defra's deficit, "some initiatives to streamline corporate services were scaled back to ensure that key services were not compromised" (Q1)

3.  What is the impact of Defra's £200 million deficit on the Department's Efficiency Programme? How many efficiency projects (across the Defra family) have been cancelled or delayed because of the deficit?

  As a result of the £200 million deficit, some work was scaled back and some re-prioritised, including the Smart Working project, work on the Laboratory Strategy and some IT programmes. These changes have had no impact on delivery of the targets by the Efficiency Programme, which is currently forecast to exceed the financial target.

END YEAR FLEXIBILITY (EYF)

  The Department has said that £55 million of spending was delayed from 2005-06 to 2006-07 because HMT refused to allow Defra to access its full EYF in 2005-06. Defra is instead hoping to draw down £50 million of this amount in 2006-07.

4.  Could the Department clearly explain why the £55 million factor (relating to 2005-06 programmes and projects delayed into 2006-07 because Defra could not draw-down its full EYF) has been included in the Department's £200 million total? The Department has presumably not lost this money if spending has been delayed into 2006-07—so why would this factor mean cuts needed to be made in 2006-07?

  The deferment of £55 million worth of programmes and projects from 2005-06 into 2006-07 was because we had less budget in 2005-06 due to the partial withholding of EYF draw-down. Treasury made it clear at the end of the 2005-06 EYF deliberations that 2006-07 EYF would be capped at £50 million to cover all eventualities. Departmental allocations for 2006-07 already included a planning assumption of £50 million EYF (made following the allocation of SR04) so the deferment of £55 million resulted in a direct budget shortfall.

NON-CASH/NEAR-CASH TRANSFERS

5.  When did the Department first identify that its original 2005-06 budget overstated the Department's non-cash requirements?

    —  When did the Department start planning to use this non-cash resource as near-cash?

  The tighter controls on near-cash and non-cash were only unearthed when Defra came to do the 2005-06 first quarter review and deal with the EYF restriction. The tighter controls and demarcation of near-cash and non-cash expenditure only came into force from 2005-06 onwards. The application of these rules did not become apparent until during the summer of 2005 when the limitations on EYF draw-down were being proposed by Treasury. Defra was not alone in trying to understand the revised fiscal framework and so the Treasury issued guidance in the form of MS FD (05) 24 on 11 August 2005 to help provide clarification on the introduction of near-cash control totals. This was supplemented by the issue of "Consolidated Budgeting Guidance from 2006-07" by Treasury on 13 December 2005.

6.  When did the Department first inform HMT that it wished to effect this transfer? How long after this did HMT inform the Department it would not be able to transfer more than £20 million of non-cash into near-cash?

  The Department did not notify HMT. Instead, the guidance released made it clear that use of funds in this way was not permitted.

7.  Could the Department please provide the Committee with the relevant sections of Treasury budget guidance that existed prior December 2005 which led the Department to assume a greater amount than £20 million of non-cash could be transferred into near-cash?

  The answer to Question 5 above provides details of the relevant guidance issued by the Treasury during 2005. But the straightforward answer to this question is "no". It was the lack of clear guidance (only remedied by the Treasury with the guidance provided on 11 August 2005) that led to this assumption, rather than guidance that existed.

EU DISALLOWANCE

  In the evidence session, the Permanent Secretary said that the Department had made provision in its 2005-06 accounts under two headings: £150 million provision for disallowance relating to failure in controls, and weaknesses in validation that had happened before 31 March [2006]; and £63 million of potential disallowance that had arisen after 31 March [2006] related to fines for late payment and for partial payments (Q 229).

  Note 31 of the Department's 2005-06 Resource Accounts states "At 31 March 2006, the main items under this heading were: a potential disallowance liability in respect of partial payments and late payments attributed to the SPS, estimated at £63.5 million... ", implying that the £63 million referred to in the session relates to a potential disallowance that arose during 2005-06 rather than 2006-07.

8.  Could the Department clarify in which year the £63.5 million contingent liability for potential disallowance arose? If it relates to 2005-06, does it mean that the 2006-07 event mentioned by the Permanent Secretary gives rise to a further potential disallowance over and above that disclosed in the 2005-06 Resource Accounts?

  The events referred to in the £63.5 million contingent liability were disclosed as non-adjusting post-balance sheet events in the accounts for 2005-06 in accordance with accounting requirements under the Government Financial Reporting Manual and UK GAAP. They did not form part of the liabilities recognised in the balance sheet of the 2005-06 Resource Accounts and their financial impact is, therefore, in 2006-07.

  Note 35 of the Resource Accounts (p 89) states:

    "The delays faced by RPA in processing payments due under the SPS experienced during the financial year continued thereafter. One of the steps taken as part of the subsequent processing of payments, sanctioned by Ministers, was the making of partial payments, £770 million in total. The European Commission was consulted before these payments were made and Commission officials advised that making these payments could give rise to disallowance up to 10% of the payments made. In addition RPA took steps to streamline the controls over processing claims for payment. These steps resulted in 94.9% of payments being made by the regulatory deadline of 30 June 2006. However, this level of payment may still give rise to late payment penalties.

    The risks arising from the partial payments, streamlining in controls and late payments have given rise to a material exposure to disallowance which will result in a failure to recover sufficient monies from the EU to fully fund the payments made under the SPS. These are provided for in note 21.1 under EAGGF financial corrections and a contingent liability in note 31.1."

9.  Could the Department clarify whether the whole potential liability ("10% of £770 million") referred to in Note 35 of the 2005-06 Resource Accounts has been disclosed within notes 21.1 and 31.1?

    —  Does some of this liability relates to dates after 31 March 2006 but before 30 June 2006 and will therefore give rise to a liability in the 2006-07 Resource Account?

  Defra has requested that this information remain confidential to avoid adverse outcomes from future negotiations with the European Commission (EC).

PART 2.  COMMITTEE REQUESTS FOR FURTHER INFORMATION

  During the evidence session, the Committee requested some further information from the Department. The Committee would like:

  (1)  the monthly financial reports received by the Board for every month in 2005-06 and 2006-07, to date. (Q 145 in the evidence session).

Reports provided separately.[6]

  (2)  a breakdown about what both avian influenza costs (one in 2005-06, the other in 2006-07, each costing £10 million), referred to in the Department's written response, were spent on. (Q 178).

    —  The actual spend in 05-06 was £9 million;

    —  Defra is currently estimating the 06-07 outturn as £19 million (the figure mentioned by the committee was based on an earlier estimate).

  The figures are:


£m
05-06 (actual)
06-07 (f/cast)

Poultry Register
6
6
Surveillance and Collection of Dead Wild Birds
1
4
Diagnostic Testing of Dead Wild Birds
0.5
2.5
AI Knowledge (eg Outbreak Modelling and Incursions)
0.5
1
Miscellaneous Expenditure (eg Communications, Vaccine banks, provision in case of move to higher state of awareness)
1
4
Outbreaks
0
1.5
Total
9
19


  The amounts in the above table represent total expenditure on Avian Influenza (AI). However, it is important to note that only £10 million (£3 million administration and £7 million programme expenditure) has additionally been allocated to the AHWDG and SVS to cope with the work involved in 2006-07, the remainder coming out of existing budgets. In 2005-06, Defra agreed with the Treasury to absorb additional costs for AI work up to a threshold of £10 million.

(3)  A note to explain:

(i)  how the Department would meet the costs of disallowance for 2005-06 if it only became clear two years hence, and meet any potential gap; (Q 247)

  The answers to Questions 8 and 9 above provide some background. From provision already made in 2005-06 Resource Accounts (but with potentially serious implications for near-cash in the CSR07 period), any top-up would have to come from existing budgets in-year.

(ii)  how any EU disallowance re the Single Payment Scheme would be paid for from 2007-08 onwards and which budget it would impact. (Q236-7)

  This is the subject of on-going negotiations with the Treasury.

(iii)  The Department also offered to provide details about:

    —  the level of cover provided by Treasury (Q 236);

        For both 2006-07 and 2007-08, there is provision of £67 million.

    —  the provision the Department has made in its 2005-06 budget; the level of existing provision in the 2006-07 and 2007-08 budget; and future years' provision. (Q 247)

    The provision to cover for disallowance in 2005-06 was £137 non-cash and £37 million near-cash (agreed in the Spring Supplementary Estimates 2005-06). As stated above, there is £67 million cover for each of the remaining years in the current spending period. There is nothing in budgets over and above Treasury Estimate provision. Future years' provision (ie beyond 2007-08) remains the subject of on-going CSR07 negotiations with the Treasury. There is also a distinction between the creation of the provision (which is non-cash) and the near-cash impact when the provision is confirmed (and when the financial correction takes place). This too is the subject of on-going discussions with Treasury, as we anticipate major implications for near-cash in the CSR07 period.

(4)  The Committee would also like full details about the 2007-08 budgets for core Defra and Defra's agencies/NDPBs. In evidence, the Permanent Secretary said Defra agencies/NDPBs would be notified about these "before Christmas [2006]".

  See separate paper on 2007-08 budgets [Annex A].

Department for Environment, Food and Rural Affairs

January 2007



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