Dáil Éireann Debate, Thursday - 2 July 2015
34. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide details of the level of compliance with public procurement rules, policies and practices; if the Office of Government Procurement currently measures compliance across Departments; if so, if he will provide, in tabular form, the level of compliance for each Department; and if he will make a statement on the matter. [26122/15]
View answerEU Directives and national regulations impose legal obligations on public bodies in regard to advertising and the use of objective tendering procedures for awarding contracts above certain value thresholds. The basic principle is that competitive tendering should be used other than in justifiably exceptional circumstances. Even in the case of procurement which might not be subject to the full scope of EU Directives, such as certain 'non-priority' services or service concessions, the EU Commission and European Court of Justice have ruled that EU Treaty principles must be observed. The essential Treaty principles include non discrimination, equal treatment, transparency, mutual recognition, proportionality, freedom to provide service and freedom of establishment. There is also a requirement to publicise contracts of significant value to a degree which allows parties in other Member States the opportunity to express an interest or to submit tenders.
Individual contracting authorities are responsible for establishing arrangements for ensuring the proper conduct of their affairs, including conformance to standards of good governance and accountability with regard to procurement. Contracting Authorities cannot favour or discriminate against particular candidates and there are legal remedies which may be used against any public body infringing these rules. The Code of Practice for the Governance of State Bodies also identifies procurement as one of a number of activities requiring special attention in promoting good corporate governance. It is the responsibility of the State Boards to satisfy themselves that the requirements for public procurement are adhered to and to be fully conversant with the current value thresholds for the application of EU and national procurement rules.
Finally, in relation to compliance, public bodies are subject, at the Comptroller and Auditor General's discretion, to examination regarding the economy and efficiency of their operations and the adequacy of the management systems that they have in place to appraise the effectiveness of their operations. This includes their adherence to EU and National rules on public procurement.
