Dáil Éireann Debate, Thursday - 2 March 2017
146. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the sanctions and penalties that are in place for breaches of public procurement rules by Government bodies; and if he will make a statement on the matter. [10895/17]
Amharc ar fhreagraPublic 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 delivers best value for money.
It is a matter for individual contracting authorities to ensure that their public procurement function is discharged in line with the standard accounting and procurement rules and procedures. Under Section 19 of the Comptroller and Auditor General (Amendment) Act, 1993, each Accounting Officer is personally responsible for the safeguarding of public funds and property under his or her control; for the regularity and propriety of all the transactions in each Appropriation Account bearing his or her signature; and for the efficiency and economy of administration in his or her Department.
It is the responsibility of the Government Departments and State Bodies to satisfy themselves that they adhere to the requirements for public procurement and to make the necessary arrangements to ensure that tender processes are carried out in an appropriate manner. Accounting Officers in their 40/02 returns in this regard certify that appropriate national and EU procedures were followed and that the contract prices were fair and reasonable and represented best value for money. The EU Directives recognises that there are situations and circumstances where direct procurement without a competitive process is both necessary and legitimate. Such procurements while exceptional do not constitute breaches of the public procurement rules.
Compliance with financial management rules, including public procurement, is subject to scrutiny by the internal audit function of public bodies and to external audit by the Comptroller and Auditor General and further examination by the Public Accounts Committee.
The role of the Office of Government Procurement (OGP) is to ensure that public bodies are aware of their legal obligations from a national and EU perspective, so that they are in a position to understand the rules and procedures around public procurement. The OGP provides guidance notes, documentation and a customer service function to support public bodies undertaking procurement directly themselves. It is one of the aims of the OGP to promote standardisation of procedures and practices as a way of ensuring best practice in public procurement. For example, standard template tender and contract documents have been developed by the OGP in conjunction with the Chief State Solicitor's Office and the Office of the Attorney General to assist contracting authorities involved in carrying out routine, non-bespoke and low to medium risk procurements. These are available on the national public procurement website www.etenders.gov.ie.
