Seanad debates

Friday, 26 March 2021

Quality in Public Procurement (Contract Preparation and Award Criteria) Bill 2021: Second Stage

 

10:30 am

Photo of Malcolm ByrneMalcolm Byrne (Fianna Fail) | Oireachtas source

I thank the Minister of State for being here for this debate on procurement. I also join colleagues in thanking Senator Higgins for bringing this legislation before the House because it is very important that we consider the principles raised therein. It is unfortunate, however, that Senator Gavan has used this debate as an opportunity to attack the Government again. He referred to what centrist parties had done and then asked what difference the Green Party has made in government. We must ensure that we build environmental protections into our procurement processes and in that regard, the Climate Action and Low Carbon (Development) Bill, to which all parties in government are committed, will make a real difference and I pay tribute to the Green Party for that legislation. This climate action Bill will make a real difference in the long term. Comments were made about the number of projects being procured under the NDP and that too is where the parties in government are making a difference to all of our communities. Investment is taking place under the NDP and that is because we have a vibrant economy. The Government parties also believe it is important to talk about protecting workers' rights. It is bizarre to listen to Senator Gavan regularly citing Cuba and Venezuela as model countries when their record on workers' rights is certainly nothing to brag about.

Prior to my election to the Oireachtas, I worked for the Higher Education Authority, HEA, and was involved in a number of procurement projects. I frequently looked at how procurement was carried out, particularly the principle of the most economically advantageous tender. That works well if one is ordering a large consignment of paper clips, for example, but when it comes to things like web design, IT systems or design contracts, other factors must be taken into account.Too often we simply assume that following the most economically advantageous tender, MEAT, formula is best but it is not. We must look at quality criteria, as Senator Higgins and others have said. I am not opposed to the idea of 50% of marks being given to quality and building in factors. We must debate that and it is certainly something very important.

In looking at public procurement contracts, I often consider how the public perceives what is happening. One of the difficulties is so often there is a perception the public sector is not able to get good value for money. We must look at ways to ensure we can address that, and this legislation goes some way to helping to do that. There is a perception, which is not true, that many public projects always end up running over time and budget. We must consider how we can ensure from very early on, as part of the procurement process, we can give certainty to all our citizens that, either with national or local government, we know spending will be tracked.

I will cite an example where I am from, in Gorey, County Wexford, that is mind-boggling to people in the locality. This is the redevelopment of Gorey town park. It went through a public procurement process and was originally meant to come in at a cost of €1.2 million and be completed 18 months to two years ago. The current cost is running to approximately €2.7 million and it still has not been completed. In spite of commitments to have a clerk of works appointed, that has not happened. There are many good projects with which Wexford County Council has been involved but people in the House can cite projects in local authorities throughout the country where there have been cost overruns and they have run late but nobody seems to be held to account. Whatever we do with public procurement, the public must have confidence the system will deliver on time. Of course there are times when projects run over for very good reasons, but once the contract is awarded, its stipulations must be followed.

I am glad the Government is not opposing the legislation. I agree with a number of the points raised by Senator Seery Kearney and the Bill asks some very important questions. I hope the Minister of State in his response will take the contributions of all Senators on board.

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