Dáil Éireann Debate, Tuesday - 9 April 2024
1504. Deputy Robert Troy asked the Minister for Health if he is confident that all contracts put to tender are awarded to companies who meet the tender criteria; and if it was to be identified where one clearly did not meet the stated criteria in the tender specs, what the recourse would be. [14868/24]
View answerPublic Procurement is governed by EU and National rules. The aim of these rules is to promote an open, competitive, and non-discriminatory public procurement regime which ultimately delivers the best value for money. My officials are responsible for ensuring that the Department's public procurement function is discharged in line with the standard accounting and procurement rules and procedures. Public procurement practices are subject to audit and scrutiny under the Comptroller and Auditor General (Amendment) Act 1993, and the Local Government Reform Act 2014.
My Department is fully committed to ensuring that it meets its obligations under the National Public Procurement Policy Framework including all national and EU procurement laws, guidelines, and Government circulars. All of these requirements are incorporated in the Department's Procurement Policy and officials who undertake procurement processes are required to ensure all are in compliance with this.
The EU Procurement and Remedies Directives govern the way public authorities and certain utility operators purchase goods, works and services. The rules are transposed into Irish law and apply to tenders for public contracts whose monetary value exceeds specified thresholds. Where an economic operator (with an interest in a public procurement process) believes that the process may have been run without proper application of the EU Public Procurement Directives, there are remedies available, such as taking a case to the High Court. The European Commission can also take action against a Member State if it considers that the Procurement Directives are not being applied correctly. For tenders of lower value, national rules apply which must respect the general principles of EU law, such as equal treatment and non-discrimination.
