Dáil Éireann Debate, Wednesday - 13 May 2020
64. Deputy Michael Fitzmaurice asked the Minister for Finance if his attention has been drawn to alleged breaches of procurement law by a Department, body or agency in respect of public contracts in 2019; and if so, the details of same. [4307/20]
View answer65. Deputy Michael Fitzmaurice asked the Minister for Finance if his Department carried out investigations in 2019 in respect of alleged breaches of European procurement law which was highlighted to his Department in reference to a Department, body or agency; and if so, the investigations carried out and the outcome of such investigations. [4308/20]
View answerI propose to take Questions Nos. 64 and 65 together.
As the Deputy is aware, European Union law sets out minimum harmonised public procurement rules. These rules govern the way public authorities and certain utility operators purchase goods, works and services. The rules are set out in three principal EU Directives which are transposed into national legislation and apply to tenders for public contracts whose monetary value exceeds a certain threshold. For tenders of lower value, national guidelines apply. Nevertheless, these national guidelines also have to respect the general principles of EU law.
The Department is obliged to abide by both EU procurement rules and national procurement guidelines. Any instances where goods or services with a value in excess of €25,000 (excluding VAT) are procured without a competitive tendering process must be reported to the Comptroller and Auditor General by the Accounting Officer for the Department in accordance with Circular 40/02: Public Procurement Guidelines – revision of existing procedures for approval of certain contracts in the Central Government sector. The Department of Finance has provided such reports to the C&AG as required.
I am not aware of any instances where proper procurement procedures have not been followed other than those already accounted for in the Department’s return under Circular 40/02. Neither am I aware of any instances related to the bodies under the aegis of this Department.
If the Deputy would like to provide information in relation to these alleged breaches of procurement law this will be examined.
