Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

I discussed this at length with Deputy Chambers in committee and I thank his spokesperson for engaging with me and my officials in the past couple of days. We also discussed this at length. The provision that is referred to here is: "Any contracts in respect of consultancy, advice or other services to the board shall be subject to public competition." It is already the case in hundreds, if not thousands, of pieces of legislation, across a whole spectrum of the availability and provision of public services, that the same procurement rules and procedures apply. In no other legislation is it suggested that a reference like this would be made.

Having sought the advice of the Attorney General, and having discussed it with Deputy Jack Chambers's spokesperson in my Department with my officials, we agreed that it would call into question thousands of other services that are procured by the State where this provision is not explicitly laid out. I do not imagine it is the intention of anyone in the House to have a situation where services which are procured elsewhere through other legislation without this provision are thrashed out in the High Court. That would be the net result.

That was discussed at length by Deputy Jack Chambers's representative and my officials and we agreed, on that basis, that it was necessary, having consulted the Attorney General, to remove this provision. It is explicit in this Bill that the same rules for the provision and procurement of these services are the very same as they are for every other service that the State procures, which amounts to several billion euro annually.

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