Maureen O'Sullivan (Dublin Central, Independent)
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136. To ask the Minister for Justice and Equality the number of occasions when a director of a State agency, the Irish Prison Service, established in 1999, has reported a conflict of interest or potential conflict of interest in relation to procurement; and if he will make a statement on the matter. [48694/13]

Alan Shatter (Dublin South, Fine Gael)
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The IPS is committed to the principles of fair and transparent procurement and achieving value for money. The primary goal of Procurement is to support the Irish Prison Service (IPS) in achieving its strategic objectives. The IPS Procurement Policy states that we must undertake procurement in a professional manner and to the highest ethical standard. The Procurement Policy aims to ensure corporate governance and to provide a clear, consistent and best practice approach to procurement in the IPS.

The IPS expenditure on non-pay items including suppliers, works and services amounts to approximately €98 million per annum. This expenditure extends across a diverse range of products that include highly complex building projects, security equipment, medicines, victualling, uniforms, professional services and ICT. Prior to 2007, the Irish Prison Service operated under the Department of Finance Public Procurement Guidelines Competitive Process 2004. Certain IPS posts which include Directors are designated as ones which are subject to the requirements of Section 18 of the Ethics in Public Office Act 1995. The Department of Finance Circular 4/2002 sets out obligations under the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001.

Since July 2007 when the Code of Standards and Behaviour was published and included specific requirements in relation to the disclosure of conflicts of interest, it has been the policy for the Irish Prison Service to require members of Evaluation Boards to declare if they have a conflict or potential conflict of interest in relation to procurement. This approach is enshrined in the IPS Procurement Policy that was first published in September 2008 and the updated Policy in April 2012. There has been no occasion when a conflict of interest or potential conflict of interest has been reported by a current Director of the Irish Prison Service in relation to Procurement.

Maureen O'Sullivan (Dublin Central, Independent)
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137. To ask the Minister for Justice and Equality the number of contracts for the supply of goods or services concluded between a firm and a State agency (details supplied) since 1999; the aggregate value of those contracts for each calendar year; the number of instances where contracts were awarded to the firm concerned without going to tender or without the application of formal procurement procedures; and if he will make a statement on the matter. [48695/13]

Alan Shatter (Dublin South, Fine Gael)
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The number of contracts for the supply of goods or services concluded between the aforementioned company and the Irish Prison Service (IPS) are 101 since 1999.

The first two tables show information that has previously been supplied to the PAC in 2008 and they show the works carried out by the aforementioned company up to the end of 2007. This information was the subject of intense scrutiny by the C&AG and the Public Accounts Committee in 2008. Following on from the 2008 C&AG Annual Report, the IPS implemented construction frameworks for tendering large capital works, for projects up to €5m, commencing in 2008. A further similar framework was implemented in 2011. These frameworks are operated under EU tendering guidelines to ensure that the process is open and transparent. For projects of over €5m a separate EU tender exercise is advertised to the market as a whole.

There were 6 successful construction companies admitted to the 2011 framework. These 6 pre-approved companies are invited to tender for each capital project identified under the framework. Each tender under the framework is evaluated and awarded under a set award criteria for frameworks with marks available for cost and technical merit. The last table shows the works carried out by the aforementioned company since 2008 under these new tendering arrangements.

Works completed by the aforementioned company 2002

Facility	Total Value of Contracts €m	Number of Contracts
Cloverhill	2.2	1
Portlaoise	4.1	2
Midlands gym building	0.7	1
Beladd House	3.0	3
Loughan House	2.4	3
St. Patrick’s special school	2.7	1
Total costs	15.1	11

Works completed by the aforementioned company 2004 to 2007

Facility	Total Value of Contracts €m	Number of Contracts
Castlerea Prison	42.07	13
Special Service Wide Projects	20.90	5
Loughan House	12.58	7
Shelton Abbey	5.71	2
Mountjoy Prison	4.43	12
Portlaoise Prison	3.78	6
Cloverhill Prison	1.61	5
Midlands Prison	1.48	1
St. Patrick's Institution	1.31	5
Wheatfield Prison	0.85	3
Cork Prison	0.77	3
Beladd House, Prison Service Training Centre	0.74	2
Limerick Prison	0.52	4
Building Services Division	0.17	2
Small Works Training Unit, Arbour Hill, IPS HQ Longford	0.07	3
Total Costs	96.99	73

Works completed by the aforementioned company 2008 to date, 2013

Facility	Total Value of Contracts €m	Number of Contracts
BSD, Santry	0.013	1
Mountjoy Complex	8.095	6
Wheatfield Prison	4.40	3
Arbour Hill Prison	0.497	2
Limerick & Cork Prisons	0.358	2
Loughan House	0.161	1
Midlands Prison	26.908	2
Total Costs	40.432	17