Dáil Éireann Debate, Wednesday - 27 May 2020
1033. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if all staff appointments and all contracts for services by the Land Development Agency have been publicly advertised and fully comply with all relevant public sector recruitment and procurement rules and guidelines; if there have been exemptions granted from such rules and guidelines; if so, when; and the reason such exemptions were granted. [7177/20]
View answerThe Land Development Agency was established on an interim basis in September 2018, by way of an Establishment Order made under the Local Government Services (Corporate Bodies Act) 1971, pending the enactment of primary legislation when it will be established as a commercial State agency.
The day to day management of the LDA is matter for the Chief Executive and his management team reporting to the LDA Interim Board.
In line with the Establishment Order, I, as Minister appointed the Chief Executive Officer following an open recruitment process. The terms and conditions for the post were approved by me, as Minister, with consent from the Minister for Public Expenditure and Reform.
Under Article 7(3) of its Establishment Order (the Land Development Agency (Establishment) Order 2018, as amended by the Land Development Agency (Amendment) Order 2018), the LDA may appoint such and so many persons to be employees and under such terms and conditions as it may determine. The LDA has informed my Department that it is standard practice that the Agency publicly advertises all available positions. However, one fixed-term temporary post was recruited without public advertisement as an interim measure.
As with any other body responsible for developing large scale projects, the LDA requires professional and technical advisors and these services are tendered for in line with public procurement processes.
In September 2018, prior to the LDA's establishment, a contract for financial advisory services was procured by my Department on behalf of the LDA on an interim basis without a competitive tendering process, as provided for by Regulation 32 of the European Union (Award of Public Authority Contracts) Regulations 2016 and Department of Finance Circular 40/2002. This process was approved due to the urgent need for these services to enable the Agency to carry out its functions on establishment. No further exemptions have been sought.
As with all State bodies operating under the aegis of my Department, arrangements have been put in place by the LDA through which Oireachtas members can request information directly from the Agency in relation to operational matters - in this regard, the LDA may be contacted directly at oireachtas@lda.ie.
