Dáil Éireann Debate, Wednesday - 17 June 2015
107. Deputy Billy Timmins asked the Minister for Public Expenditure and Reform the ethical standards public servants must conform to when they contract on behalf of the State; if there is a central register where public servants personally declare that they have no vested interest in the awarding of contract, and no conflict of interest in awarding any contracts of any value whatsoever; and if he will make a statement on the matter. [24102/15]
Amharc ar fhreagraUnder the Standards in Public Office Act 2001, civil servants are required in the performance of their duties to maintain the highest standards of probity by conducting themselves with honesty, impartiality and integrity. Specifically they are not allowed to use their official positions to benefit themselves or others with whom they have personal, family, business or other ties or seek to influence decisions on matters pertaining to their official positions. They are not permitted to negotiate or arbitrate in any matter affecting a Government contract or the purchase from or sale of goods to the State where, in their private capacities, they are interested either as principals or as shareholders in a company being one of the principals in the matter under consideration.
I would also point out that the standard procurement template documents (RFTs and Contracts) on the Government's eTenders website require tenderers, individual employees, or agents or subcontractors of a tenderer to fully disclose any conflict of interest or potential conflict of interest as soon as it becomes apparent. Failure to do so may result in elimination from a competition or termination of a contract.
In relation to a central register, under the Ethics in Public Office Acts 1995 and 2001 all persons who occupy or occupied a "designated position" of employment in a public body are required to furnish an annual statement of interests disclosing any interest held by the person and any interests held, to the person's actual knowledge, by his or her spouse or civil partner, a child of the person, or a child of a spouse, which could materially influence the person in or in relation to the performance of his or her official functions. In the public service all positions at Principal Officer level are prescribed as designated positions of employment. In the case of the Office of Government Procurement all posts are designated for the purposes of the Ethics Acts.
In conclusion, it is very important that the public procurement function is discharged with probity, transparency and accountability and in a manner that secures best value for public money. Procurement practices are subject to audit and scrutiny under the Comptroller and Auditor General (Amendment) Act 1993 and Accounting Officers are publicly accountable for expenditure incurred. If the Deputy has any concerns or information regarding potential ethical breaches, I would encourage you to raise the matter with the relevant contracting authority or enforcement body.
