Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

It is sensible always to use arbitration options where they are available. One cannot opt out of the legal process. If somebody wants to take one to court, he or she can. It is not always clear who is to blame in those cases when there are two parties and one cannot dismiss somebody, for example, as a candidate for a bid, because we have spent so much money on legal services or because we are having a fractious relationship. I agree that where a negotiated or arbitrated form of decision or arrangement can be made, the courts should always be avoided. That is usually the case. Most people avoid litigation where they can.

There is a commercial skills academy which is provided by the Office of Government Procurement to train up procurement officers across the public sector so that they will have the skills to be able to carry out the negotiations that are required on large public sector contracts. Of course, the goal is always to avoid the legal option.

Where there is a protracted legal dispute, it is not always clear who is to blame, who is in the right and who is in the wrong on that case. It is important that our procurement staff are properly trained up.