Written answers

Wednesday, 17 June 2015

Department of Public Expenditure and Reform

Public Procurement Contracts

Photo of Billy TimminsBilly Timmins (Wicklow, Independent)
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106. To ask the Minister for Public Expenditure and Reform if persons and bodies corporate without any training in procurement or commerce are permitted to put services out to tender through the public procurement process; the training that persons or bodies must undertake in order to be eligible to run tendering processes and interpret responses received using the public procurement process, and award work to bidders that is funded by the Exchequer; and if he will make a statement on the matter. [24101/15]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Currently, public service procurement activity is carried out by many contracting authorities throughout the State ranging from small schools to hospitals to central Government Departments. Public procurement in Ireland is complex, with different levels of procurement development, capabilities and systems across the public service. To date, there have been no specific training requirements for those undertaking public tendering, although many staff have received training in procurement through various bodies such as IPA, IIPMM and DIT. Many procurement staff also have academic qualifications in procurement or related fields such as engineering, law and  business. As part of the procurement reform programme, the OGP is considering the nature of professional public procurement training and possible accreditation.  

The Office of Government Procurement commenced sourcing operations in 2014 and, together with sector sourcing organisations, is taking responsibility for sourcing all goods and services on behalf of the public service. In addition, the OGP has responsibility for procurement policy and procedures, sourcing systems and data analytics. 

Staff have been recruited into the OGP from across the Public Service, thereby concentrating and leveraging the public sector's procurement expertise. In addition, the OGP is operating to common policies, processes and procedures. This strengthening of procurement expertise will in turn provide Departments and Agencies with increased certainty and reduced risk by providing them with compliant sourcing solutions.  

To ensure a consistent approach to operations and an over-arching cohesive culture in an organisation consisting of people from diverse entities and backgrounds, the OGP has developed a learning and development strategy based upon a set of technical and behavioural competencies as well as a matrix of appropriate training interventions to address any gaps in these competencies.  

Initial training has commenced and is aimed at equipping staff with the necessary skills and knowledge to work to a common standard in the following three core areas:

- Core Procurement & Category Management Training;

- Public Sector Procurement;

- Customer Service. 

Photo of Billy TimminsBilly Timmins (Wicklow, Independent)
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107. To ask the Minister for Public Expenditure and Reform the ethical standards Public Servants must conform to when they contract on behalf of the State; if there is a central register where Public Servants personally declare that they have no vested interest in the awarding of contract, and no conflict of interest in awarding any contracts of any value whatsoever; and if he will make a statement on the matter. [24102/15]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Under the Standards in Public Office Act 2001, civil servants are required in the performance of their duties to maintain the highest standards of probity by conducting themselves with honesty, impartiality and integrity. Specifically they are not allowed to use their official positions to benefit themselves or others with whom they have personal, family, business or other ties or seek to influence decisions on matters pertaining to their official positions. They are not permitted to negotiate or arbitrate in any matter affecting a Government contract or the purchase from or sale of goods to the State where, in their private capacities, they are interested either as principals or as shareholders in a company being one of the principals in the matter under consideration.

I would also point out that the standard procurement template documents (RFTs and Contracts) on the Government's eTenders website require tenderers, individual employees, or agents or subcontractors of a tenderer to fully disclose any conflict of interest or potential conflict of interest as soon as it becomes apparent. Failure to do so may result in elimination from a competition or termination of a contract.

In relation to a central register, under the Ethics in Public Office Acts 1995 and 2001 all persons who occupy or occupied a "designated position" of employment in a public body are required to furnish an annual statement of interests disclosing any interest held by the person and any interests held, to the person's actual knowledge, by his or her spouse or civil partner, a child of the person, or a child of a spouse, which could materially influence the person in or in relation to the performance of his or her official functions. In the public service all positions at Principal Officer level are prescribed as designated positions of employment. In the case of the Office of Government Procurement all posts are designated for the purposes of the Ethics Acts. 

In conclusion, it is very important that the public procurement function is discharged with probity, transparency and accountability and in a manner that secures best value for public money. Procurement practices are subject to audit and scrutiny under the Comptroller and Auditor General (Amendment) Act 1993 and Accounting Officers are publicly accountable for expenditure incurred. If the Deputy has any concerns or information regarding potential ethical breaches, I would encourage you to raise the matter with the relevant contracting authority or enforcement body.

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