Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

I welcome Mr. Smyth and thank him for his report. I want to pull back from the process a little to try to understand the rules of engagement. Mr. Smyth will be familiar with the document National Broadband Plan: State Led Intervention: Communication Protocol between DCCAE and External Stakeholders, a third updated version of which was published on 1 September 2016. Said document sets out the rules of engagement on communications between the Department and bidders. On section 9 of the document which is headed "Canvassing", the approach Mr. Smyth took was to consider whether there had been interference and whether the process had been tainted. The Minister outlined for us yesterday that Mr. Smyth set out four key questions against which he tested everything in his consideration as to whether the procurement process was compromised in any way. We accept that was the basis for his report and leave it aside. I want to understand why Mr. Smyth did not look at two other aspects of the matter. First, were the rules broken in the communication between the parties? If so, did the breach have the capacity to taint or in any way disrupt the process? It seems to me that Mr. Smyth did part B without looking at part A. At least, that is my reading of his report.

In light of the document setting out the rules on communication, does Mr. Smyth believe the prohibition on canvassing applies? It refers clearly to "Direct or indirect canvassing by any Bidder, Consortium Member, Bidder Member or their suppliers or advisers in relation to the Project or the Procurement" and states, "Any breach of this section will entitle the Department to immediately disqualify the Bidder concerned from the Procurement."

I would like to discuss that matter with Mr. Smyth. Why did he not give consideration to what seems to be an obvious breach of that rule?