Damien English (Meath West, Fine Gael) | Oireachtas source

I thank the Deputies for raising this matter today. As they know, Bus Éireann operates the school transport scheme on behalf of my Department and it is a matter for Bus Éireann to make suitable arrangements for the procurement of contractors to provide services on its behalf for school transport purposes, taking cognisance of public procurement requirements.

Almost 90% of the vehicles used to deliver school transport services are provided by private operators under contract to Bus Éireann, which consist predominantly of smaller vehicles and includes over 800 taxis. Bus Éireann is obliged to tender all works, goods and services in line with the European directives on public procurement, including the services provided on its behalf under the school transport scheme. The procedure is a two-stage pre-qualification, PQQ, and tendering process separated out with different closing dates and times, conducted in accordance with the negotiated procedure under EU Directive 2004/17/EC. A contractor that satisfies the criteria set out in the PQQ will be invited to tender stage.

Bus Éireann has confirmed that on the basis of legal advice, the recipient of Government funding cannot be automatically excluded from participating in a public procurement tender competition. In these circumstances and with respect to Kerry school bus contractors, it is not open to Bus Éireann to exclude Kerry Flyer from this public procurement competition on the basis that it receives Government funding. I understand from Bus Éireann that Kerry Flyer was awarded five operating routes for the provision of school transport services for children with special educational needs in the tender competition for the provision of school transport services, fifth cycle. Bus Éireann further advise that these services are currently operating successfully.

I know a number of people have raised concerns but we must work this within procurement rules. Receipt of Government funding does not preclude the company from the process.

See this speech in context