Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 139: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the procedures for scrutiny by his Department of service contracts signed between An Garda Síochána and private commercial companies; and if he will make a statement on the matter. [12250/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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In accordance with the provisions of the Garda Síochána Act, 2005, the Garda Commissioner has been appointed as Accounting Officer for the Garda Vote. This provision came into effect from 14th July, 2006. The Accounting Officer is responsible for the proper expenditure of money from the Vote and the safeguarding of public funds and property. He is accountable to the Oireachtas through the Public Accounts Committee and subject to the scrutiny of the Comptroller and Auditor General. In line with the transfer of Accounting Officer functions, the Act also provides for the Garda Commissioner to enter into contracts for services and supplies and to hold bank accounts in the name of An Garda Síochána.

One important control measure provided under the Act, is the provision to establish an Audit Committee, with a total of 4 external personnel (one of whom shall be chairperson) and all of whom are required to have relevant experience. None of these appointees can be a member or have been a member of An Garda Síochána. There is one Garda Member at Deputy Commissioner level on the Committee. I appointed the Audit Committee in August last year to carry out their functions as set out in the Act. In addition, as part of the preparation for the transfer of the functions to the Garda Commissioner, additional skilled civilian resources have been provided to An Garda Síochána.

I am advised by the Garda Authorities that service contracts are awarded in accordance with national and EU procurement guidelines. I am also advised that such contracts are normally of one year duration with options to renew at the discretion of the Garda Authorities. Where proposed expenditure exceeds the delegated sanction limit authorised by the Department of Finance, a business case and request for sanction are submitted in each case to my Department so that appropriate sanction can be obtained. It is then a matter for the Garda authorities to procure the requisite goods and services and ensure that appropriate controls are in place.