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Public Procurement Regulations

Dáil Éireann Debate, Tuesday - 30 January 2018

Tuesday, 30 January 2018

Questions (199)

Mick Wallace

Question:

199. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform the body responsible for the enforcement of breaches of public procurement guidelines and EU directives regarding the tendering and public procurement by Departments and State agencies; the legislation that governs the enforcement of public procurement; the role the Office of Public Procurement plays; and if he will make a statement on the matter. [4078/18]

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Written answers

To create a level playing field for all businesses across Europe, EU law sets out minimum harmonised procurement rules. The EU Procurement and Remedies Directives govern the way public authorities and certain utility operators purchase goods, works and services. The rules are transposed into Irish law and apply to tenders for public contracts whose monetary value exceeds certain thresholds. There are remedies available when an economic operator that has an interest in a public procurement procedure believes that it has been run without proper application of the EU Public Procurement Directives. An unsuccessful economic operator can bring a case to the High Court. The European Commission can also take action against a Member State if it considers that the Procurement Directives are not being applied correctly. For tenders of lower value, national rules apply which must respect the general principles of EU law such as equal treatment, non-discrimination etc.

It is a matter for individual contracting authorities to ensure that their public procurement function is discharged in line with the standard accounting and procurement rules and procedures. Under Section 19 of the Comptroller and Auditor General (Amendment) Act, 1993, each Accounting Officer is personally responsible for the safeguarding of public funds and property under his or her control; for the regularity and propriety of all the transactions in each Appropriation Account bearing his or her signature; and for the efficiency and economy of administration in his or her Department. Public procurement practices are subject to audit and scrutiny under the Comptroller and Auditor General (Amendment) Act 1993, and the Local Government Reform Act 2014.

The Office of Government Procurement (OGP) has responsibility for developing and setting out the overarching policy framework for public procurement in Ireland. In this regard, the OGP has progressed the National Public Procurement Policy Framework which consists of 5 strands:

- Legislation (Directives, Regulations)

- Government Policy (Circulars, etc.)

- Capital Works Management Framework for Public Works

- General Procurement Guidelines for Goods and Services

- More detailed technical guidelines, template documentation and information notes as issued periodically by the OGP

This framework enables a more consistent approach to public procurement across the public sector by setting out the procurement procedures to be followed by public bodies.  The framework supports contracting authorities, including the four key sectors (Health, Education, Local Government and Defence), individual Departments, Offices, commercial and non-commercial State bodies, and entities which are subsidised 50% or more by a public body, when awarding contracts for works, goods and services. It enables public bodies to adopt procedures to meet their Public Procurement requirements and facilitates compliance with EU and National Procurement Rules.

Last July, my colleague, Minister of State Patrick O'Donovan, launched new Public Procurement Guidelines for Goods and Services. This comprehensive interpretation of the public procurement directives has been designed to improve consistency and promote best practice in the application of the public procurement rules.

However, as set out above, while the OGP guidelines facilitate and enable compliance with public procurement rules, it is the responsibility of each Contracting Authority to ensure they adhere to these rules.

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