Dáil Éireann Debate, Tuesday - 27 April 2004
156 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the change he has made in the running of his Department since the passing of the Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003; and if he will make a statement on the matter. [11944/04]
View answer159 Mr. McCormack asked the Minister for Community, Rural and Gaeltacht Affairs when legislation establishing formal contracts with island ferry operators will be published; the contents of this legislation; and the safeguards it will have to ensure best practice in awarding such contracts particularly after criticism in the Comptroller and Auditor General’s report of past practice. [11926/04]
View answerI propose to take Questions Nos 156 and 159 together.
Following in part from the Report of the Comptroller and Auditor General which identified certain legal issues relevant to the provision of transport services to the islands, the Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003 was enacted last year.
The purpose of this Act is, firstly, to consolidate previously existing legislative powers held by the Minister in relation to the provision of transport to the islands and, secondly, to address the provision of airstrips on the islands and of connecting bus passenger services as part of certain ferry/air contracts.
As a division dealing with such matters was already in place, the enactment of the legislation has not occasioned significant change in administrative structures within my Department.
In regard to formal contracts with island ferry operators, the position is that my officials have been in regular consultation with the Office of the Chief State Solicitor over the past number of months and have recently received from that office a draft generic contract to be used for all new ferry service agreements entered into by my Department.
In the case of formal contracts with ferry operators providing services, which incorporate road transport links, the position is that, arising from the new legislative provisions in this regard, my Department is in the preliminary stages of preparing draft regulations. These regulations, which will be subject to the consent of the Ministers for Finance and Transport, will set down the agreed destinations for connecting bus passenger services and will form the basis for entering into formal contracts in these particular cases.
With regard to the issue of ensuring best practice in relation to the award of subsidised island ferry contracts, the Deputy will be aware that the Report of the Comptroller and Auditor General referred to the need for formal contracts, with enforceable performance clauses, to cover all the subsidised travel services to the islands. Since the publication of that report, my Department has taken steps to ensure that providers formally sign up to the requirements and responsibilities attaching to the provision of subsidised services. In addition, the legal issue arising in relation to the jurisdiction of the Minister to require the provision of supporting bus transport for certain services has been addressed through the enactment of the legislation referred to above.
As part of its wider response to the report's findings, my Department has secured the support of external expert advice to review and validate tendering processes; strengthened provisions in contract documents, including the signing of a declaration so as to ensure disclosure of breaches of any law generally and to ensure contractors' financial and professional suitability; and required all staff involved in the tendering process to be subject to the Ethics Acts or other appropriate form of disclosure. In addition, issues in regard to the optimal duration and terms and conditions of contracts are addressed in a report carried out recently by consultants Malachy Walsh and Partners for my Department, the recommendations of which I am currently considering. A copy of this study is posted on my Department's website at www.pobail.ie.
