Timmy Dooley (Fianna Fail) | Oireachtas source

I move amendment No. 1:

To delete all words after “acknowledges that:” and substitute the following:

- a Government decision was taken on 27th July, 2021, to commence the formal procurement process for the next Irish Coast Guard aviation services contract in line with the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument No. 284/2016);

- the Government decision was based on a detailed appraisal and business case undertaken in accordance with the public spending code;

- on 20th December, 2021, the Government commenced the first stage of the tender process by releasing a Pre-Qualification Questionnaire (PQQ) and Response document on e-Tenders;

notes that:

- the provision of an effective Maritime Search and Rescue (SAR) service is critical to Ireland as an island nation with a strong maritime sector. The sector depends on the reliability and professionalism of the Irish Coast Guard and all its component parts – including the Coast Guard aviation service – to offer a service which can deploy at a moment’s notice to rescue people in distress and bring them to a place of safety;

- the aviation service contract allows the Coast Guard meet its obligations as prescribed in the National SAR Plan, the National Oil/ HNS Contingency Plan and its capacity to support other State agencies, in particular inland SAR support to An Garda Síochána and provision of Air Ambulance services to HSE, including day and night support to the island communities;

- the current aviation service is due to expire in July, 2024;

- the procurement process is being undertaken in line with the Government Decision of 27th July, 2021, and with EU procurement law, most notably European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument No. 284/2016.);

- a Steering Group was established in 2019 comprising a range of stakeholders and independent experts to bring a whole-of-Government approach to the process;

- on 27th July, 2021, the Government agreed to commence the formal procurement process for a new Coast Guard aviation service and agreed to proceed to the planning/ design stage. The decision was based on a detailed appraisal and business case prepared in accordance with the public spending code;

- on 20th December, 2021, the first stage of the process commenced, with the release on eTenders of a PQQ and Response document for candidates to complete;

- on 25th January, 2022, the Government decided to include, as part of the PQQ clarifications, additional information specifying the four bases provided for in the original contract, i.e. Dublin, Shannon. Sligo and Waterford;

- Stage 2 of the process involves a detailed Request for Tenders (RFT) specification which will be released to the selected candidates in late March;

- the reports of the Economic and Financial Evaluation Unit, the Comptroller and Auditor General, the AAIU Report on the R116 accident, and the Frazer-Nash Consultancy Review of the Irish National Search and Rescue Framework were considered in framing proposals for the project;

- the Frazer-Nash Report preceded a comprehensive review of SAR arrangements in Ireland. This process, which was independently chaired, resulted in the publication of the National SAR Plan in 2019. The SAR review process included a detailed review of the Frazer-Nash recommendations. Delivery of the National SAR Plan is monitored by the National Search and Rescue Committee, a body that is also independently chaired. All of the actions set out in the report have been addressed and if not fully closed out, have been significantly progressed.

recognises:

- the business case was formulated following a rigorous and robust process under the direction of the Department of Transport and involving all key stakeholders. The business case and associated analysis is an integral part of this process and is not publicly available as it contains commercially sensitive information and forms part of a wider deliberative process for the procurement which is currently underway;

- the procurement process is being managed in accordance with the requirements of the public spending code to deliver VFM and in accordance with the requirements of public procurement law;

- the current contract is kept under constant review. It was subject to a mid-term assessment. Any lessons learnt from the existing contract and its operation are being addressed in the development of the procurement strategy and governance arrangements for the next contracted service;

- the Department of Transport and its project team has appropriate expertise available to it, including independent experts and a process auditor to ensure compliance;

- provision of a dedicated fixed wing asset to the Coast Guard has been included in the procurement plan for the next Coast Guard Aviation service contract and there has been appropriate engagement with Department of Defence. There is no contradiction in how this is reflected in the PQQ. The stated intent is to select just one contractor until the third anniversary of the contract when the Air Corps, if willing and capable, can take over the fixed wing element. The PQQ reserves the possibility of two contracts but that is for administrative purposes only since both contracts will be awarded to the same entity, the successful tenderer.

welcomes:

- the recent announcement by the Department of Transport that it has notified the market of an amendment to a PQQ, which was published by the Department on 20th December, 2021;

- that the PQQ has been amended to specify the number and location of helicopter bases to reflect the existing configuration, namely four bases at Dublin, Shannon, Sligo and Waterford;

- that the amendment will ensure the delivery of wider Government policies concerning balanced and even distribution of State services and investment, particularly the needs of island and rural communities. It will also support and protect other public policy priorities, such as the State’s response to emerging trade patterns post-Brexit, and priorities under the Climate Action Plan;

- the fact that the continuation of the current base configuration will reinforce the Coast Guard’s capability to meet its obligations in the National SAR Plan, the National Oil/ HNS Contingency Plan, and its capacity to support other State agencies, in particular inland SAR support to An Garda Síochána and provision of Air Ambulance services to the HSE, including day and night support to the island communities.

highlights that:

- the Irish Coast Guard (IRCG) has a distinguished record in delivering SAR services for many decades including the coordination and management, as appropriate, of aviation services delivered by the Air Corps and civil operators;

- the IRCG retains the services of an aviation consultant to assist in various aspects of its work; the current consultant was procured by open competitive tender in 2017 and they have provided an excellent level of service across a wide range of technical issues, including the current procurement process; its technical expertise and experience embraces all relevant matters, including Coast Guard and SAR-related issues internationally;

- there is no doubt in relation to the capability and expertise of the Air Corps in aviation matters; it is precisely for that reason that they have been involved as a strategic stakeholder in the development of this project;

- following detailed examination of proposals from Department of Defence, it was agreed with the Department of Transport that the next services contract will provide that the fixed wing element will cease on the third anniversary of the commencement of the services contract in the event the Air Corps is in a position to provide the fixed wing element. This will allow for the Irish Air Corps to provide the fixed wing element of the service when it has capacity to provide the specified level of service.

notes the Government commits to:

- allowing the tender process to proceed as decided by Government in July, 2021, and for the process to progress through all stages to completion without further delay;

- ensuring a competitive process by not publishing the business case, or other financial analysis associated with the procurement, at this stage, as this would jeopardise the integrity of the process and also undermine the ability of the contracting authority to achieve the best deal possible for the Coast Guard and the taxpayer;

- ensuring that the competition will continue to be run in accordance with the public spending code and procurement law; and

- ensuring that a suitable contract is in place quickly to meet our obligations to protect lives, to support communities and the maritime sector, to deliver on the National SAR Plan and to provide value for money services to the citizen.