Joanna Tuffy (Dublin Mid West, Labour)
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Question 129: To ask the Minister for Community, Rural and Gaeltacht Affairs the tender process for the awarding of ferry contracts to the islands off the coast; and if he will make a statement on the matter. [43251/08]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The processes followed by my Department in relation to the award of island ferry contracts are in accordance with the relevant provisions of EU Directive 2004/18/EC on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts and are also guided by:

Commission Interpretative Communication of 23 June 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives;

Council Regulation (EEC) No. 3577/92 applying to the principle of freedom to provide services to maritime transport within Member States (maritime cabotage); and

the Communication of 22 December 2003 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the interpretation of Council Regulation (EEC) No. 3577/92, as updated by COM (2006) of 11 May 2006.

My Department's processes have also been informed by legal advice from the Office of the Attorney General.

Joanna Tuffy (Dublin Mid West, Labour)
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Question 130: To ask the Minister for Community, Rural and Gaeltacht Affairs if all documentation relating to the awarding of the Cape Clear ferry contract in March 2007 will be made available; if all correspondence between his Department and those who tendered for this ferry contract will also be made available; and if he will make a statement on the matter. [43252/08]

Éamon Ó Cuív (Galway West, Fianna Fail)
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As a general rule, records relating to successful tender bids may be released by my Department to requesters, in accordance with the relevant provisions of the Freedom of Information Acts 1997 and 2003. I am arranging for copies of such material relating to the Cléire ferry service to be made directly available to the Deputy. In line with guidance provided by the Office of the Information Commissioner, it is not the current practice of my Department to release records relating to unsuccessful tender bids.