Time limit 'not possible' for RHI inquiry
No accurate time limit can be placed on the conclusion of an independent public inquiry into Stormont's botched green energy scheme, its chairman has said.
Last updated 27th Apr 2017
Sinn Fein has refused to return to power with the Democratic Unionists' leader Arlene Foster until the completion of the investigation into an overspending grant predicted to cost the taxpayer up to an additional £490 million.
Retired judge Sir Patrick Coghlin plans to begin hearing from witnesses about the Renewable Heat Incentive (RHI) in the autumn.
He has already written to 125 people and organisations compelling the production of relevant documents and is to contact around 2,000 beneficiaries seeking information.
The Stormont departments for the economy and finance and the energy regulator Ofgem will be core participants in the inquiry.
Sir Patrick said he had been promised full independence by those who appointed him in the dying days of the last administration and warned he would not compromise rigour for the sake of a speedy conclusion.
He added: This inquiry will fearlessly examine the evidence relating to the RHI scheme and it will do so without interference from any quarter in order to establish the facts about the scheme and those connected to it.''
Mrs Foster established the scheme in 2012 when she was enterprise minister.
Flaws in its design meant recipients were able to earn more in state subsidies than it cost to run their eco-boilers.
When the cash for ash'' crisis flared during the winter, Sinn Fein's Martin McGuinness asked Mrs Foster to stand aside.
When she refused, he resigned as deputy first minister and collapsed Stormont's powersharing institutions.
A new coalition government has still not been formed two months on from the subsequent snap Assembly election in March.
Sir Patrick said: It is undoubtedly in the public interest that the inquiry proceeds expeditiously, avoiding the unnecessary exploration of irrelevant or marginal issues, but expedition in itself will not be permitted to bear adversely on the thorough and effective discharge of the RHI inquiry's investigatory function.
I doubt very much whether the public concern which gave rise to the establishment of this inquiry would be allayed by a process which was subsequently revealed to have proceeded upon an inaccurate basis of fact largely because the thoroughness of the investigation had been sacrificed in the interest of a speedy conclusion.
At this early stage it remains the case that it is simply not possible or useful to attempt to place any accurate timescale on the length of time which the inquiry will take to complete its work.''
The investigation will concentrate on the original design, implementation and operation of the scheme.
It will consider:
- Events around the suspension of the RHI to new applicants early last year
- Circumstances relating to the imposition of cost controls in late 2015, when a huge spike in applications shattered the budget
- The roles played by individuals or bodies responsible, including ministers, civil servants and special advisers
Its scrutiny of the part played by organisations will include consultants and advisers, those administering the scheme and other relevant bodies.
The judge said: The inquiry will investigate accountability for any failings which it finds in the scheme, wherever that accountability may lie.
We shall look carefully at the degree of success in detecting and correcting defects, in improving shortcomings and at the responses to persons expressing concern.
The inquiry will direct particular attention to the promotion and publicity afforded to the scheme at various times, together with the degree of efficiency and co-operation established between those concerned with regard to the detection of and reaction to applications apparently inconsistent with the original model.
That will include careful consideration of the increases or spikes in demand which subsequently developed and which have been the subject of considerable public commentary.''
Public hearings will be held in Stormont's Senate Chamber.
Sinn Fein former finance minister Mairtin O Muilleoir announced the inquiry in January.
Sir Patrick, a retired appeal court judge, said: When I agreed to act as chairman of the inquiry I was promised complete independence and I shall insist upon it.''
He said the inquiry would closely consider the management and consequence of any delay in introducing cost-saving measures, including the relationships and communications between people and organisations responsible for the scheme and potential applicants, suppliers and installers.