Tony Gregory (Dublin Central, Independent)
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Question 237: To ask the Minister for Community, Rural and Gaeltacht Affairs if the two tenders received for the Cape Clear ferry were both unsatisfactory; if so, the reason negotiations were then opened with only one of the tenderers; if his attention has been drawn to the widespread concern among the islanders on the manner in which the winning tender was selected; his views on the concerns of the islanders; and if he will make a statement on the matter. [9058/07]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I should clarify in the first instance that maritime transport services are not subject to the full provisions of EU and national regulations in regard to procurement (EU Directive 2004/18/EC and S.I. No 329 of 2006 refer). Furthermore, European Commission guidelines relating to the provision of maritime cabotage provide for the procurement of such services for small islands through a simple call of expressions of interest without launching a formal tender.

Notwithstanding the foregoing, with the objective of maximising competition and ensuring compliance with the principles of transparency and non-discrimination contained in the EC Treaty, my Department pursues a policy of procuring contracts for subsidised ferry services through a competitive tendering process.

Accordingly, in the case referred to by the Deputy, in September 2006, in addition to notifying 9 ferry operators directly, formal expressions of interest were sought for the provision of a subsidised ferry service for Cléire in a variety of national and local media and on the e-tenders website. Arising from this process, two tenders were subsequently received. As part of the evaluation process, clarifications were sought from both tenderers. On receipt of these, and in the absence of a tender that fully met requirements, the decision to enter into negotiations with one particular tenderer was taken as it was the considered view of my officials that the tender concerned was the one which could potentially best meet the required specifications.

I should also advise the Deputy that my Department held a meeting recently with a representative of the unsuccessful tenderer's company in order to provide a full debriefing as to why the company's tender was unsuccessful.

I am aware of the concerns of the islanders in this matter and, indeed as recently as last week, I met with a deputation from Cléire to listen to their views. Arising from this meeting, I have arranged for my officials to meet representatives of SIPTU in the near future to explain, as a matter of courtesy, the Department's position in regard to issues that have been raised.

I have arranged for a copy of my Department's press release of 2 March 2007 (available on the website www.pobail.ie), which contains a factual account of the issues involved, to be forwarded to the Deputy.