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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: What exactly are the valid reasons?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: I would like to be in order now when I ask my question.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: So tell me if this is not within the OGP's remit. The school bus system is operated through the Department of Education obviously. For 20 years or more, people will have heard numerous complaints in this House, by parents on behalf of their children, every single year about the transport system operated to schools. On the other end of that are the independent or private school bus...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: I appreciate that.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: Yes. My information is that it is not a very transparent system. The reason the big independent operators do not react to the alert Ms Stewart described that issues when a procurement is being put in place is that there is not a procurement in place, which is strange. I have asked Ms Stewart for the information-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: -----and she might be kind enough to pass it on to the committee.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: I thank Deputy Durkan. Finally, I wish to ask the Competition and Consumer Protection Commission the same question as I asked Ms Stewart on the school bus transport. In that system, one has customers who have complaints relative to the service itself. Does the commission take those complaints and investigate them if it were to receive them?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: Will the Competition and Consumer Protection Commission take a complaint from a person who uses and, essentially, is a consumer of that service, to look at whether it is valid or not? Is it then when Mr. McHugh's organisation kicks in, as it were?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: We deal with many banking queries here regarding banks, their customers and the tracker mortgage is a prime example. How far does the commission go with banking inquiries? Does it take individual inquiries or complaints and deal with them and does it look across all of the banks, if necessary?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: Where there is an issue as to how banks interpret audit requirements and regulation around audit, and that interpretation is strictly beneficial for the bank but puts the customer at a disadvantage, can that be set out for the commission where it can decide whether or not to pursue it?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: That may necessarily be consumer protection but it might be an issue for the Central Bank and for another agency, such as the Financial Services and Pensions Ombudsman, for example. The commission will judge that on the basis of the written complaint made to it and respond to it.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: I have one final point to make which is the same question regarding Government procurement. Last week, we had a Department in here where it was explaining that the funding of the local State solicitor's office was €8 million. It does not go to audit or to tender. How does that fit in with the Office of Government Procurement's overview of what is being purchased by the State? Would...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: No, it is not. From what we were told, it is there. It is part of the Office of the DPP. I do not know if it is part of a framework. It read as being very odd to me so I am raising the question. If the OGP comes across that type of money being spent on what essentially is a procurement of services, can it take action? Can it advise that something should be going out to procurement?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: If we raise these issues directly with the OGP, it would be-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: Okay. That is it. I thank the witnesses very much for coming before the committee and for going through all of that with us. It is a learning exercise on the State and how it oversees these things. I wish the witnesses well with their work. I thank them for their opening statements and responses. Unless they want to make any closing remarks, we will adjourn the meeting until Wednesday,...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Preventing Bid Rigging in the Public Procurement Process: Discussion (6 Dec 2023)

John McGuinness: In today's meeting, we will deal with the topic of bid-rigging in the public sector procurement process. We are joined by Mr. Brian McHugh, Ms Úna Butler, Mr. Eksteen Maritz, Ms Anne Stewart, Mr. Declan McCormack and Mr. David O'Brien. They are all very welcome and I thank them for joining us. I draw the witnesses' attention to the position as regards privilege. Witnesses who are...

Written Answers — Department of Education and Skills: School Funding (5 Dec 2023)

John McGuinness: 242. To ask the Minister for Education and Skills if an application for funding for emergency works submitted by a school (details supplied) has been approved. [53383/23]

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Benefits (5 Dec 2023)

John McGuinness: 360. To ask the Minister for Employment Affairs and Social Protection If a disability allowance will be approved as a matter of urgency for a person (details supplied) considering the medical report provided by her GP. [53445/23]

Written Answers — Department of Agriculture, Food and the Marine: Coillte Teoranta (5 Dec 2023)

John McGuinness: 440. To ask the Minister for Agriculture, Food and the Marine if he will set out the Department’s position on the impasse between Coillte and its forestry partners relative to the terms of the agreement with each land owner and the implementation of a forest management plan; if he will appoint independent investigators to examine the complaints made against Coillte and the allegations...

Written Answers — Department of Health: Irish Blood Transfusion Service (5 Dec 2023)

John McGuinness: 543. To ask the Minister for Health if he will outline the reasons why the frontline staff of the Irish Blood Transfusion Service were not included in the Covid pandemic payment. [53441/23]

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