Michael D Higgins (Galway West, Labour)
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Question 61: To ask the Minister for Defence the total value of goods or equipment purchased by the Defence Forces from Israeli companies; the steps taken before such contracts are awarded to ensure that such companies are not involved in unethical conduct or in activities that might be illegal under international law; and if he will make a statement on the matter. [15627/10]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 75: To ask the Minister for Defence his views on whether the European Defence Agency Code of Conduct is a voluntary, non-binding agreement which involves no legal commitment and that in all cases of defence procurement final authority for contract award remains with the member state; if he will stop using the code as a justification for awarding Defence Forces contracts to Israeli-based companies; if, in the interest of the protection and enhancement of human rights he will direct that Israeli companies be excluded from all Defence force tendering processes. [15600/10]

Tony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 61 and 75 together.

A number of Israeli companies have won orders for defensive equipment in recent years as a result of tender competitions. Since 2005, the Department has purchased small arms ammunition, X-Ray equipment for Explosive Ordnance Disposal duties (EOD), helmets for personal protection, an Artillery Fire Control System, Unmanned Aerial Vehicles, commonly referred to as UAVs and a Surveillance and Target Acquisition Suite from Israeli suppliers. The total value of defensive equipment acquired or being acquired from Israeli companies since 2005 is in the region of €13.9m, inclusive of VAT. In each case, the main contract was awarded by tender competition, conducted impartially on the basis that the company concerned had submitted the best tender.

Tender competitions for defensive equipment for the Defence Forces are conducted by the Department of Defence in accordance with EU procurement guidelines. For procurements of defensive equipment in excess of €1million, the European Defence Agency (EDA) Code of Conduct on Defence Procurement is observed and competitions are advertised on the EDA's Electronic Bulletin Board. Tender competitions are held in accordance with the EU Code of Conduct on Export Controls. Accordingly, competitions are open to any individual or country in accordance with the terms of all UN, OSCE and EU arms embargos or restrictions. To properly follow these guidelines and codes, the Department of Defence must deal impartially with all companies that are entitled to enter its procurement competitions and must evaluate tenders on the basis of objective criteria.

The European Defence Agency's Code of Conduct for defence procurement in the Supply Chain was developed to ensure transparency in procurement and security of supply of defence equipment. Ireland is a subscribing member to the Code of Conduct and accordingly must follow the EDA's procurement rules. The Electronic Bulletin Board in the EDA acts as a single portal for defence contract opportunities. This enables wider advertising of defence force contracts so as to achieve better value for money for Ireland's expenditure on defensive equipment.

The principle of competitive tendering for Government contracts has to be used by the Department of Defence for the acquisition of defensive equipment for the Defence Forces. Central to those procedures is the requirement to allow fair competition between suppliers through the submission of tenders. Such tender competitions are open to any individual company or country in accordance with the terms of all UN, OSCE and EU arms embargos or restrictions. There are no such restrictions or embargos in place on Israeli companies.

The matter of a general trade embargo on Israel raises implications for foreign policy. The Irish Government has consistently been opposed to proposals for trade, diplomatic, cultural, academic, sporting or other boycotts of Israel. In the absence of a general trade embargo of Israel, the Department of Defence cannot unilaterally preclude Israeli companies from participating in tender competitions.