Maureen O'Sullivan (Dublin Central, Independent)
Link to this: Individually | In context | Oireachtas source

78. To ask the Minister for Public Expenditure and Reform the protocols that apply where a civil or public servant involved in procurement is a sibling or close family member of a director of a firm that is awarded a contract for the supply of goods or services on foot of that particular procurement decision; and if he will make a statement on the matter. [48693/13]

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context | Oireachtas source

The Deputy may wish to note that while my Department is responsible for procurement policy, the administration of individual contracts is a matter for the relevant public body.

A person employed in a public body who occupies a designated post for the purposes of the Ethics Acts 1995 as amended by the Standards in Public Office Act 2001 has a legal obligation to disclose in an annual statement the interests of the person, and the interests, of which the person has actual knowledge, of his or her spouse or civil partner or a child of the person or of his or her spouse which could materially influence the person in the performance of the person's official functions by reason of the fact that such performance could so affect those interests as to confer on, or withhold from, the person, or the spouse or civil partner or child, a substantial benefit. These registerable interests include any dealings with public service contracts with a value in excess of €2500.

In addition, where the occupier of a designated position of employment or a connected person of that person has a material interest in an official function that falls to be performed, the person must not perform the function unless there are compelling reasons requiring the person to do so. If the person proposes to perform the function, he or she must furnish a statement of the compelling reasons to the relevant authority for the position. This disclosure should be a statement in writing of the facts and be furnished before the person performs the function, or if that is not reasonably practicable, as soon as may be afterwards. A person is deemed under the Acts to be connected with an individual if that person is a relative of the individual.

Civil and public servants must also comply with the provisions of codes of standards and behaviour – which can be statutory or administrative – which govern inter alia the performance of their official duties in matters affecting any commercial undertaking where there may be a conflict of interest.

Any member of the public can make a complaint under the Standards in Public Office Act, 2001 about a specified act carried out by the holder of a designated position in a public body. The procedures for making a complaint under the Ethics Acts are set out clearly on the Standards in Public Office website and are at the following link .

Guidelines issued by my Department emphasise the importance of public procurement being discharged honestly, fairly, and in a manner that secures best value for public money. Contracting authorities must be cost effective and efficient in the use of resources while upholding the highest standards of probity and integrity. In this regard, procurement practices are subject to internal audit and scrutiny under the Comptroller and Auditor General (Amendment) Act 1993 and Accounting Officers are publicly accountable for expenditure incurred. Likewise contracting authorities should ensure that staff involved in purchasing or placing contracts are familiar with the EU and international rules that may apply and are aware of the legal and policy framework within which procurement must be conducted. To safeguard against improper or unethical practices contracting authorities must also take measures to separate functions within the procurement cycle. In relation to conflicts of interest the guidelines state:-

“Contracting authorities should be aware of potential conflicts of interest in the tendering process and should take appropriate action to avoid them”