Dáil Éireann díospóireacht -
Wednesday, 5 Jun 1996

Vol. 466 No. 4

Written Answers. - Government Contracts.

Tony Killeen

Ceist:

29 Mr. Killeen asked the Minister for Finance if his attention has been drawn to the public disquiet in regard to the handling of certain Government contracts; and whether he will issue a code of conduct to Ministers to ensure that tenders are dealt with uniformly and fairly. [11069/96]

Tony Killeen

Ceist:

38 Mr. Killeen asked the Minister for Finance the plans, if any, he has to ensure that Irish companies derive maximum benefit from Government contracts awarded in connection with the Irish Presidency of the EU. [10398/96]

Bertie Ahern

Ceist:

55 Mr. B. Ahern asked the Minister for Finance the plans, if any, the Government has to ensure that Irish companies are given a fair and equal opportunity to compete for and are awarded contracts in connection with Ireland's forthcoming Presidency of the EU. [10806/96]

Minister for Finance (Mr. Quinn)

I propose to take Questions Nos. 29, 38 and 55 together.

Under European Union legislation and other international obligations, the employment of national preference provisions in the State's public procurement activities are legally precluded. While the State cannot, therefore, discriminate in favour of Irish companies, these companies would most certainly be afforded a fair and equal opportunity to compete for public contracts. Such a fair and equal opportunity is indeed afforded for all public contracts, whether in connection with the Presidency of the EU or otherwise. This has been the position under successive administrations and will continue to be so.

As regards a code of conduct, there is a publication entitled "Public Procurement", issued by my Department, which sets out the guidelines for the award of public contracts in Ireland. Its purpose is to ensure that fair, competitive and non-discriminatory procedures apply in the tendering, assessment and award of public sector contracts. I am not aware of any significant level of public disquiet in respect of the procedures for awarding Government contracts. Naturally, the implementation of the national guidelines and relevant EU Directives, in respect of individual contracts, would be a matter for the Minister within whose functional area the particular works, supplies or services are commissioned. Accordingly, if the Deputy has a particular contract in mind, he should put down a question to the Minister concerned. I should say that any tendering procedure will by definition have as its outcome one successful candidate and a number of unsuccessful ones. This can give rise to understandable feelings of disappointment and frustration on the part of the unsuccessful candidates which are occasionaly voiced in the public domain.