Oireachtas Joint and Select Committees

Thursday, 6 December 2018

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Data Sharing and Governance Bill 2018: Committee Stage

10:00 am

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

What we are saying is that the procurement of consultancy services which, as I said in the Seanad, may very well be necessary and legal and accounting services, if we do not have that skill set, would be subject to existing procurement law. Procurement across all agencies, Departments and public bodies is already carried out under a strict code, for which I am the Minister of State with responsibility. On the advice of the Attorney General, the net result could be perceived as calling into question the legality of everything else we procured. If committee members are in agreement that I make this amendment today, we can have a further discussion on the matter on Report Stage when I can provide further assurances for the Deputies, if they so wish. I again invite Deputies to engage with my Department. We do not specify in any other legislation where there is a necessity for the procurement of services, of which there are probably thousands, if not tens of thousands, that anything other than what is pre-determined in law would be the norm. The law on procurement is set out in EU directives and applied by the Office of Government Procurement in my Department and the procurement executive. The advice I have been given is that proceeding with provision this could call into question all other elements of procurement law set out in other legislation in which it is not reflected. I know that that is not the intention and that it certainly was not the intention in the Seanad. It is not my intention to do so either.

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