Written Answers Nos. 1-13
7. Deputy Réada Cronin asked the Minister for Public Expenditure and Reform the remit for his review of the freedom of information system by the terms of reference, stakeholders to be consulted; the proposed date of publication of its findings; and if he will make a statement on the matter. [45419/21]
View answerI would like to thank the Deputy for the question and am glad to have this opportunity to provide to this House further details on the upcoming review of the Freedom of Information Act.
My Department will in the coming weeks publish a roadmap document that will set out in detail the process for the review and give detailed information on how interested stakeholders can get involved.
My firm belief is that we should be seeking to promote a collaborative approach not only to the review process, but also to “doing transparency” more broadly. We should recognise that all stakeholders, from the public sector to the media, academia, activists and interest groups, as well as individual requesters, have a role to play in delivering effective and meaningful state transparency for the Irish public, and must work together to achieve that goal.
The remit and outcomes of the review will be driven by evidence. The review will accordingly seek inputs from the broadest possible range of stakeholders throughout the process. It is planned that public consultation will take place later this year, which will largely determine the scope of the review. I would urge all interested parties to take this opportunity to make their voices heard and to define the issues that will be considered in the review.
Following the scoping consultation, my Department will prepare and publish a document setting out the issues that have been identified. This document will be published and a further consultation will take place early in the new year that will allow stakeholders the opportunity to make detailed submissions based on the themes that have been identified. These submissions will be central to the outcome of the review.
Alongside the public consultation process, my Department will undertake focused and targeted information gathering, driven by any knowledge gaps identified as the review progresses.
Two particular projects have already been identified as necessary and will commence later in the year. Firstly, a customer satisfaction survey will be undertaken to assess the attitudes of requesters and staff members of public bodies towards the FOI process. Secondly, a project that aims to assess the cost of FOI, so that we can have a clear picture of the resourcing demands that are required to operate the system as it currently stands.
In addition, the review will consider international good practice and developments and seek to take account of the transformation in the manner in which people interact with information since the 2014 Act came into force.
Finally, as a key sectoral stakeholder with a unique and unrivalled understanding of the operation of the Freedom of Information Act, my Department will consult with the Office of the Information Commissioner on an ongoing basis as the review progresses.
By the middle of next year, my Department will be in a position to prepare a report for publication setting out the findings and recommendations of the review.
10. Deputy Ged Nash asked the Minister for Public Expenditure and Reform if he will provide an outline of recent communications with the Minister for Health pertaining to the scale of non-competitive and non-compliant procurement practices by the HSE; and if he will make a statement on the matter. [45498/21]
View answerIn July 2021, officials from HSE Procurement presented to the interim Procurement Reform Board on the HSE’s self-assessment of procurement performance in 2020. While the Board welcomed the provision of the assessment, they raised concerns with the figures presented and the Board’s Chairman subsequently wrote to me to advise me of the situation.
The HSE’s self-assessment was that 63% (€1.25 billion) of its analysed procurement spend in 2020 was not competitively procured. Of this, €111.6m of non-Covid expenditure was declared to be non-compliant with public procurement regulations and €108.4m of non-Covid expenditure was declared to be awarded following a non-competitive practice.
While I wish to acknowledge that the health service and its procurement function faced extraordinary challenges during the pandemic, non-competitive and non-compliant procurement risks value for the public, exposes the State to the risk of legal challenge, and falls short of the requirements under national and European law and Government policy.
Accordingly, on the 9th August, I wrote to the Minister for Health, outlining the scale of the issue and expressing my concerns. While responsibility for this lies with the Minister for Health’s department, as Minister for Public Expenditure and Reform, I am concerned that my Department’s expenditure and procurement policies are correctly applied.
I have requested that the Minister for Health provide me with an update on the arrangements, actions and targets being undertaken by his department, in conjunction with the HSE and the health providers it funds, to put in place appropriate measures to make progress on procurement performance. I have indicated that officials from my department, including the Chief Procurement Officer and his staff, are available to provide guidance and support. I have also asked that the interim Procurement Reform Board to remain appraised on this matter.
