I propose to take Questions Nos. 46 to 52, inclusive, together.
As the Deputy may be aware, the matters raised are currently the subject of legal proceedings in the Commercial Court. Accordingly, I am constrained in publicly commenting on issues relating to the recent procurement project or matters pertaining to the ongoing legal process itself. In addition, it would not be appropriate to release tender documents of an entity or entities which participated in the procurement process, such as the transition plan of the contracted entity, having regard to the rights and obligations relating to those documents.
The contract for the provision of next generation Irish Coast Guard (IRCG) aviation services was signed with Bristow Ireland Limited (Bristow) on 11 August 2023. The new contractor was selected following an extensive and comprehensive procurement project undertaken by my Department that included an initial market engagement process, a prequalifying process, an initial Request for Tender, a negotiation process and final evaluation of a Best and Final Offer Tender from the shortlisted bidders.
The contract provides for the operation of four helicopter bases all on 24/7 duty, with the addition of a Coast Guard Fixed Wing aircraft service for the first time. This contract will ensure that Ireland will continue to have a world class aviation SAR service coupled with an ongoing ability to provide Air Ambulance support to the HSE that includes day and night time air ambulance services for our offshore islands as well as other support to State organisations including An Garda Síochána.
The procurement process was a “Competitive Procedure with Negotiations” as defined under the EU (Award of Public Authority Contracts) Regulation 2016 (SI 284/2016). The process was also conducted in line with the Government’s Public Spending Code and best practice project management guidelines. A dedicated project team within the Department of Transport implemented the procurement project, with external technical support in the fields of Aviation/SAR, Finance and Project Management. The Chief State Solicitor's Office provided legal advice to the Department and an independent external process auditor was engaged to assist in relation to the proper conduct of the process.
A Project Board structure was also established in March 2022 to provide governance and oversight of the procurement process. Confidentiality agreements, potential conflicts of interests and communication protocols were all reviewed and confirmed prior to any individual’s involvement on the project.
Copies of the process auditor letters to the Secretary General and the governance framework are available to view on our dedicated SAR Webpage:
www.gov.ie/en/publication/aca6b-irish-coast-guard-aviation-service-project/
The transition between the old and new contracts will be a gradual process, and the new enhanced IRCG aviation service will be introduced on a phased basis between now and July 2025, with the first base not going ‘live’ until Q4 2024. My Department and the Irish Coast Guard will facilitate, support, and expects to see, an orderly and seamless transfer of operations between both contractors (CHC Ireland (CHCI) and Bristow). CHCI as the incumbent and Bristow as the incoming provider are contractually obliged to ensure a seamless and uninterrupted service across all four SAR Bases.
The incoming provider, Bristow, has undertaken to support the principles of TUPE during the transition and has engaged with the recognised Trade Unions – Forsa and Unite – as part of the transition and mobilisation phase of the new contract and is fully committed to establishing pathways for personnel currently servicing the existing SAR contract to join Bristow on comparable salary structures.
It is understood that Bristow has reached formal agreement with FORSA and IALPA trade unions regarding the transfer of flight crew from CHCI to Bristow and is currently engaging with the Unite trade union. I also understand that Bristow is currently undertaking a series of information ‘roadshows’ for CHCI staff at the four airports concerned.
CHCI and Bristow have confirmed to the Department that they are actively engaging in agreeing an orderly transfer of staff that will ensure that the incumbent is enabled to deliver the services at each Base until the new contractor is fully established at each Base.
The current contract with CHCI requires that the outgoing operator - CHCI - enters into an exit plan and co-operates fully with the Minister, and any other party, in the transfer of arrangements as may be notified to him by the Minister.
Bristow is also engaging directly and regularly with the management team of the incumbent contractor, CHCI, with a view to ensuring a seamless transition to the new IRCG aviation service. This consultation process between Bristow and CHCI is still ongoing and it should provide a formal structure for dialogue with a view to agreeing the modalities for the transfer of responsibility of the Service, including staff, in line with their respective contractual obligations.
Staff at both CHCI and Bristow are employees of their respective private companies and my Department has no involvement in or knowledge of the details of such contracts. Equally, my Department is not in a position to determine arrangements for the transfer or recruitment of such personnel.
All civil air operators are required to have certain regulatory post-holders approved by the Irish Aviation Authority (IAA). Regulatory post holders must be in-situ in order to fulfil the nominated roles required to secure an Air Operators Certificate (AOC) from the IAA. Where AOC post-holder vacancies arise (for whatever reason) it falls to the civil air operator concerned to fill such vacancies in a timely manner and with the approval of IAA, as required. As noted above, my Department has no role in the retention or recruitment of AOC post holders and all such HR matters are entirely the responsibility of the air operators concerned. I have no doubt that both contractors are aware that maintaining a valid AOC is a contractual obligation, and a fundamental regulatory requirement, for the operation of IRCG SAR Aviation services.
There will always be issues and challenges in introducing change and new services. I can assure the Deputy that there is regular engagement between my Department, the incumbent contractor, and the new service provider. Progress with transition planning and implementation is being actively monitored formally on a monthly basis, and more frequently as required.
My Department will continue to monitor and review any potential risks emerging during the transition and will also review any mitigations or rectifications proposed by either the current or incoming provider.
Please be assured that the overarching priority during the transition phase is to ensure the uninterrupted provision of SAR and Aeromedical support and other essential State services by the Irish Coast Guard.
