Dáil Éireann Debate, Thursday - 13 December 2018
72. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if a person (details supplied) who has defaulted on payments to the Revenue Commissioners can hold a public contract with a local authority; and if he will make a statement on the matter. [52579/18]
View answerPublic Procurement is governed by EU legislation and National rules and guidelines. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.
When carrying out procurement procedures, contracting authorities require suppliers to comply with a wide variety of legislation in areas that would include taxation, social policy, the environment and employment law. Compliance with the legislation covering these areas is rightly a matter for the relevant Departments and/or Agencies.
Public procurement procedures require applicants to meet certain standards when applying for public contracts. The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts are set out in Regulation 57 of S.I. No. 284 of 2016 – European Union (Award of Public Authority Contracts) Regulations 2016 and Article 57 (4a) and Recitals (100) and (101) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement. Before an applicant, in relation to certain breaches, is excluded, they may make a case and provide supporting evidence as to why it should not be excluded. The contracting authority must consider this evidence before deciding whether to exclude or include an applicant. In addition, the qualifying tenderer must submit signed declarations stating that none of the circumstances (e.g. participation in a criminal organisation, corruption, terrorist offences etc.) outlined in Regulation 57 of S.I. No. 284 or Article 57 of 2014/24/EU apply.
