Oireachtas Joint and Select Committees

Thursday, 9 December 2021

Public Accounts Committee

Business of Committee

9:30 am

Mr. Seamus McCarthy:

These contracts are a bit unusual. They are not the standard thing. If they related to a more direct procurement of goods and services, it would be clearer as to whether the procurement was compliant or non-compliant. The previous Department, which was the Department of Justice, considered that the procurement was compliant on the basis that the requirement for the accommodation for asylum seekers had been publicly advertised in national and local newspapers but the new Accounting Officer re-examined the matter. I do not know whether he took legal advice on it but he certainly formed the view that it was not compliant. When I reported previously on this, I drew attention to the fact that it was not competitively procured. That was about four or five years ago. There was some advertising after that and we had a discussion with the Department of Justice at the time on whether it was a compliant procurement. There is certainly an arguable case, although this is probably a more difficult one to call than many others. There would not be the same level of ambiguity with most of what is pointed out.