Dáil Éireann Debate, Tuesday - 28 January 2014
311. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he has considered placing a ceiling on the amount of work an individual solicitor or barrister or a firm of solicitors or barristers receive from the State from Government related work under public procurement; and if he will make a statement on the matter. [3550/14]
Amharc ar fhreagraUnder EU and national rules, public contracts are advertised and awarded to the most competitive tender in an open and objective process. The aim is to promote an open, competitive and non-discriminatory public procurement regime which delivers value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on grounds that they have been successful in securing work in prior tender processes and there are legal remedies which may be used against any public body infringing these rules.
In relation to the general issue of improving how legal services are procured, my Department has issued guidelines (circular 5/13) to re-iterate that in procuring these advisory services, public tendering should be the norm. The guidelines provide a helpful guide for public bodies on some straightforward measures they should take, (including under Rules of Court), to better manage and control their legal costs.
As part of the public services reform agenda, the OGP will work with Government Departments and agencies to assess the legal services spend across the public service and conduct a review of the markets for the various different services involved such as employment law, conveyancing, tax law, etc. and determine appropriate procurement strategies to address the markets. The objective of this examination is to leverage the State's buying power in order to achieve best value for money.
