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

Mr. Brian McHugh:

The construction sector generally is one where we have seen cartel behaviour and bid-rigging in many other jurisdictions. It would be a priority if we had access to the data, but we would not look at one project. In order to see patterns, we would look at construction projects in a specific sector over a number of years. That is the approach that has been successful in identifying those patterns elsewhere, to be able to build a case and potentially to be able to get a warrant to carry out searches and do raids. In order to get a warrant to do a raid, an amount of evidence is needed. They are not necessarily easy to get. From time to time, we look for a warrant and do not receive it from a judge. A reasonable level of evidence is needed to get a warrant. From what we have seen elsewhere, the type of evidence that is built on the back of screening comes from looking at patterns over a period that provide a certain threshold of suspicion. That is what we have seen elsewhere and what we intend to do to begin with, with the powers to access the data. We would prioritise certain sectors, probably including construction.

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