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Public Procurement Regulations

Dáil Éireann Debate, Wednesday - 22 November 2017

Wednesday, 22 November 2017

Ceisteanna (115)

David Cullinane

Ceist:

115. Deputy David Cullinane asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that around 40% of the clients of a company (details supplied) here are in the public sector and that the value of the company's contracts with Government Departments is approximately €139 million; if he will consider reviewing the company's public sector contracts in view of same; and his plans to revise public procurement regulations to ensure that companies in receipt of public contracts conform to best practice with regard to labour rights and respect for the State’s industrial relations mechanisms. [49531/17]

Amharc ar fhreagra

Freagraí scríofa

Public 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 transparency and value for money outcomes. 

In addition, public procurement regulations require applicants to meet certain standards when applying for public contracts.  The criterion upon which contracting authorities may exclude applicants from the award procedure of public contracts is set out in Regulation 57 of S.I. No. 284 of 2016 - European Union (Award of Public Authority Contracts) Regulations 2016 – transposing Article 57 of Directive 2014/24/EU – the EU Procurement Directive.

To ensure that Procurement rules can be carried out in a consistent manner across the EU, the Directives normally require a formal final judgement before a contracting authority can legitimately take any action against a potential supplier.  Before an applicant, in relation to certain breaches, is excluded, the applicant may make a case and provide supporting evidence as to why it should not be excluded.  The contracting authority must consider this evidence before deciding whether to exclude or include an applicant. In addition, the qualifying tenderer must submit signed declarations stating that none of the circumstances outlined in Regulation 57 of S.I. No. 284 or Article 57 of 2014/24/EU apply.

The departments or agencies with primary policy responsibility are best placed to develop, implement, enforce and amend, as appropriate, legislation covering the issues raised by the Deputy. In this case, employment law and its enforcement, are matters for my colleagues in the Departments of Business, Enterprise and Innovation and Employment Affairs and Social Protection.

Contracting authorities are responsible for holding information on their suppliers and managing their contracts. The Deputy will appreciate that it would be inappropriate for me to comment on specific tenders or contracts.

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