Dáil Éireann Debate, Thursday - 23 September 2021
64. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform his views on whether the contracting authorities are conducting an appropriate level of due diligence in view of recent public procurement audit failures associated with Covid-19-related purchases; and if he will make a statement on the matter. [45418/21]
View answer70. Deputy Martin Browne asked the Minister for Public Expenditure and Reform if he is satisfied that contracting authorities are conducting an appropriate level of due diligence in view of recent public procurement audit failures associated with Covid-19 related purchases; and if he will make a statement on the matter. [45602/21]
View answerI propose to take Questions Nos. 64 and 70 together.
EU public procurement regulations were developed and agreed by all Member States within the European Union to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. The regulations, however, acknowledge that there can be legitimate reasons for awarding contracts without the use of a competitive process, including extreme urgency brought about by unforeseeable events such as the onset of the Covid-19 pandemic. The regulations provide for a range of options for procuring goods and services in such urgent circumstances.
In July, the Government agreed that, as the early challenges of the pandemic have now been addressed, the number of circumstances reduced where exceptional procurement action is required. The Government recognised, however, that the pandemic may yet bring additional unforeseen challenges which may require such exceptional action. However, such situations are expected to be rare and must be fully justified and reported to the Comptroller & Auditor General.
The Office of Government Procurement (OGP), an office within my Department, has responsibility for developing and setting out the overarching policy framework and associated guidelines to facilitate compliance with public procurement rules. The OGP will shortly publish an updated Information Note for public bodies on Covid-19 and public procurement emphasising the need for public bodies to attain maximum value for money through competitive procedures.
My Department, including the OGP, has no role in the audit and scrutiny of the procurement practices of public sector bodies. 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. Section 19 of the Comptroller and Auditor General (Amendment) Act, 1993 provides that 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 & Auditor General.
