Oireachtas Joint and Select Committees
Wednesday, 6 December 2023
Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach
Preventing Bid Rigging in the Public Procurement Process: Discussion
Ms Anne Stewart:
They would not be considered. There is also another challenge whereby there is no central European database for this information. In other words, member states do not feed in the details of all the companies that may have had judgments passed on them. This brings us back 360° again to the presumed legal compliance and that when the tenderers sign the legal declaration, they are signing to say they have no judgments against them. Some of the companies in Ireland, including some of those Spanish companies that have bid for work in Ireland, are not relying upon their parent companies, which would be the Spanish arm of the enterprise, in some cases, and are operating as a separate entity. This is quite challenging from a procurement standpoint, but, certainly, where there is a final legal judgment, we can exclude them per the directives.
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