Marian Harkin (Sligo-Leitrim, Independent) | Oireachtas source

Deputy Gogarty raised a number of issues in response, some of which I do not have any information on here. I know he appreciates that. One of the points he raises is the discretion of local authorities. For clarity, I will reiterate the discretionary exclusionary grounds that contracting authorities may choose to apply in cases of procurement. I am aware that I used the word "may", which chimes with the point the Deputy raises. The local authorities have the authority to do so if they wish. The grounds are: poor past performance where the candidate has shown significant or persistent deficiencies in a prior public contract which led to termination, damages or other comparable sanctions. Suppliers must not be excluded if they have provided sufficient evidence of reform, that is, the payment of compensation, co-operation with investigating authorities and changes in organisation and personnel. The maximum period of exclusion allowed is three years for discretionary exclusion grounds.

I understand what the Deputy says. If there are specific questions he wishes to ask, I will ensure they are passed on to the Minister's office. Some of the issues he raises are of importance. I can see why he feels that even if the discretionary exclusion grounds are used, they might not always be as effective as we hope they could be, and that perhaps they should be used more frequently. I will not comment beyond that because these are individual cases about which I have no information.

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