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Joint Oireachtas Committee on Communications, Climate Action and Environment: Waste Policy and Incineration: Discussion (6 Dec 2018)

Brian Stanley: What about the types of waste used?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Waste Policy and Incineration: Discussion (6 Dec 2018)

Brian Stanley: Does the same apply to cement plants?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Waste Policy and Incineration: Discussion (6 Dec 2018)

Brian Stanley: Do EPA inspectors visit them regularly?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Waste Policy and Incineration: Discussion (6 Dec 2018)

Brian Stanley: Does Dr. Ryan believe the EPA, as a statutory body, has sufficient powers to carry out its work? Has it experienced difficulties in a particular area owing to the lack of legislation?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: I welcome that Mr. Smyth is present to address these issues. The context of this situation is that if the tender process was completed successfully, the Minister with responsibility for signing off on it, having completed due diligence and examined what was involved in detail along with departmental officials, would go to Cabinet and recommend that the contract be approved. Other Ministers...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: There is one bidder left in the process.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: Does Mr. Smyth agree that the bidder in question bidder has significantly more power and clout than would be the case if there were still two or three bidders involved in the process? Is that his opinion as a procurement officer?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: If one bidder rather than two, three or four is tendering for a public contract to provide a particular service or infrastructure, does that bidder have significantly more clout in terms of the power play in the tendering process than would otherwise be the case? As a skilled procurement officer and auditor, does Mr. Smyth agree with that statement? What are the repercussions in terms of...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: I accept that.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: I accept that. I agree with Mr. Smyth's statement that only having one bidder confers some advantage in a tender process. The report states:Following the formal notification of eir's withdrawal from the procurement process the former Minister held a brief meeting with David McCourt the chairman of enet and Granahan McCourt on the 31stof January to confirm Granahan McCourt's commitment to the...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: If I was the last remaining bidder, and the Minister was going to confirm that situation, I would say to him that my answer will be "Yes" but only if the price was right and my terms were met. I find it incredible that anything else would happen in that discussion. The report continued:There was a phone call on the 8thof August on foot of a senior sponsors dialogue meeting held earlier on...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: The rules say there should be a third party present.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: A number of months ago Mr. David McCourt sought to meet me but I refused. I have no power or influence over a tendering process. I have met Mr. McCourt once in the past. I did not see any need to meet him. I felt that, as an elected politician, it was inappropriate for him to meet me at this point in the process. For the life of me, I cannot understand why one Minister with one remaining...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: The public do.

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: delete

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: The process is subject to certain ground rules that were not met in this case. The Minister made a statement in the Dáil this week that his only motivation was to keep the remaining bidder and I can understand that situation. I am on the record of the Dáil as saying to him that he became a prisoner of the process. Yet we have three meetings and telephone calls where there were...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: Would Mr. Smyth agree that could be left open to a legal challenge?

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: With due respect to Mr. Smyth, the problem is whether anything was discussed. He has said that the NBP was not discussed during those three conversations. If these facts were presented to anyone on the street they would not say that the NBP had not been discussed. Why would it not have been discussed? One of the days this happened was the day that Eir pulled out. There were no officials...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: Yes but surely the bidder was the one person remaining in the process who could pull the rug from under the Government and the State on this at that time. The bidder would have realised at that stage that it had all the clout. Mr. Smyth knows how a negotiation with tenderers or any kind of negotiation works. There is always a power play and at that point the remaining bidder holds the full...

Joint Oireachtas Committee on Communications, Climate Action and Environment: Review of Procurement Process for National Broadband Plan: Discussion (6 Dec 2018)

Brian Stanley: So is the bidder.

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