Dáil Éireann Debate, Tuesday - 1 March 2022
284. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if any specific issues have been brought to his attention which indicate a lack of compliance with the criteria set down by his Department in terms of procurement and reform; and if he will make a statement on the matter. [11621/22]
View answerPublic Procurement is governed by EU legislation and National rules/guidelines to ensure compliance with the principles of transparency, non-discrimination and equal treatment which are key the State achieving maximum value for money through competitive procedures. Responsibility for ensuring compliance with all national and EU procurement rules and procedures rests with contracting or purchasing Departments and public agencies. All Irish public bodies are obliged to spend or invest public funds with care, and to ensure that optimal value for money is obtained in accordance with the Public Spending Code which sets out the rules and procedures to ensure that these standards are upheld across the Irish public service.
The Office of Government Procurement (OGP), an office within my Department, has responsibility for the National Public Procurement Policy Framework (NPPPF) which sets the overarching policy framework for public procurement in Ireland. The NPPPF consists of 5 strands: Legislation (Directives, Regulations); Policy (Circulars, etc.); General Guidelines; the Capital Works Management Framework (CWMF); and detailed technical guidelines, template documents and information notes that issue periodically. This framework enables a consistent approach to public procurement across the public sector to deliver value for money for the taxpayer.
Each individual Accounting Officer is responsible for the monitoring of performance of public contracts under his or her remit. Each must ensure that the public procurement function is discharged in line with the standard accounting practices, procurement rules and procedures in an efficient and effective manner to deliver maximum value for money for the taxpayer. Under Circular 40/2002, all procurement contracts awarded without a competitive process and which exceed €25,000 in value (exclusive of VAT), should be reviewed within the Department, preferably by the Internal Audit Unit or alternatively by an appropriate senior officer who is not part of the procurement process. A report of such contracts is submitted to the Office of the Comptroller and Auditor General each year and copied to the Office of Government Procurement.
The Interim Procurement Reform Board (the Board) was appointed by the Minister for Public Expenditure and Reform in 2017 to provide oversight to the delivery of the procurement reform programme. In 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. As this is a matter for my colleague, the Minister for Health, but has expenditure implications which are of concern to me, I corresponded with him on it. In his response, the Minister for Health advised that he has engaged with the HSE in relation to these matters and on the measures being put in place by it to improve procurement performance. My officials continue to engage with the HSE on the arrangements, actions and targets being undertaken to progress its procurement performance. I have also asked that the interim Procurement Reform Board remain appraised on this matter.
To assist Contracting Authorities in the conduct of procurement procedures, the OGP has published extensive guidance material for contracting authorities including the Public Procurement Guidelines for Goods and Services (the Guidelines) available at: gov.ie/en/publication/c23f5-public-procurement-guidelines-for-goods-and-services/ and the Capital Works Management Framework (CWMF) available at: constructionprocurement.gov.ie/. The Guidelines outline the various stages of the procurement process from specification, through to selection and award stages, and through to the contract management stage. They provide guidance on ensuring the specifications fully and accurately capture the requirement of the goods or services and identify the risks of poor specification and the challenges that this can cause Contracting Authorities when subsequently managing their contracts.
The OGP and its sector partners in Health, Education, Local Government and Defence have a range of centralised procurement frameworks and dynamic purchasing systems in place in respect of sixteen categories of common goods and services to minimise administration and to deliver enhanced service levels and value for money promptly and efficiently. Contracting authorities are encouraged to check the Office of Government Procurement website for existing or planned procurement arrangements which may meet their needs.
