I propose to take Questions Nos. 90 and 91 together.
Overall policy responsibility for public procurement is a matter for my colleague the Minister for Finance. However, specific complaints about individual contracts should be brought to the attention of the relevant Government Department.
The Competition Authority is the statutory body responsible for the enforcement of competition law in the State. Section 29(3) of the Competition Act 2002 provides that the Competition Authority is independent in the performance of its functions. Under section 30(1)(b) of that Act, the Competition Authority is responsible for investigating any breach of the Act. As investigations are part of the day-to-day operational work of the Authority I have no direct function in the matter.
I understand however that the Competition Authority has received a number of complaints about pre-qualification criteria for public tenders. For example, a number of businesses have suggested that the level of turnover or indemnity insurance required by a local authority to tender for a contract is too high, disproportionate and anti-competitive.
The Competition Authority enforces the Competition Act 2002, which prohibits anti-competitive arrangements (under Section 4) and abuse of a dominant position (under Section 5). I am advised that for each of the complaints received, the Authority found no evidence of an anti-competitive arrangement or abuse of a dominant position within the meaning of the Competition Act. Consequently, the Authority cannot take any enforcement action because it does not appear that any breach of competition law has taken place.
