Michael Fitzmaurice (Roscommon-Galway, Independent)
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64. To ask the Minister for Finance if his attention has been drawn to alleged breaches of procurement law by a Department, body or agency in respect of public contracts in 2019; and if so, the details of same. [4307/20]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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65. To ask the Minister for Finance if his Department carried out investigations in 2019 in respect of alleged breaches of European procurement law which was highlighted to his Department in reference to a Department, body or agency; and if so, the investigations carried out and the outcome of such investigations. [4308/20]

Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 64 and 65 together.

As the Deputy is aware, European Union law sets out minimum harmonised public procurement rules. These rules govern the way public authorities and certain utility operators purchase goods, works and services. The rules are set out in three principal EU Directives which are transposed into national legislation and apply to tenders for public contracts whose monetary value exceeds a certain threshold. For tenders of lower value, national guidelines apply. Nevertheless, these national guidelines also have to respect the general principles of EU law.

The Department is obliged to abide by both EU procurement rules and national procurement guidelines. Any instances where goods or services with a value in excess of €25,000 (excluding VAT) are procured without a competitive tendering process must be reported to the Comptroller and Auditor General by the Accounting Officer for the Department in accordance with Circular 40/02: Public Procurement Guidelines – revision of existing procedures for approval of certain contracts in the Central Government sector.The Department of Finance has provided such reports to the C&AG as required.

I am not aware of any instances where proper procurement procedures have not been followed other than those already accounted for in the Department’s return under Circular 40/02. Neither am I aware of any instances related to the bodies under the aegis of this Department.

If the Deputy would like to provide information in relation to these alleged breaches of procurement law this will be examined.

Michael Fitzmaurice (Roscommon-Galway, Independent)
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66. To ask the Minister for Finance if the Office for Government Procurement or another Department, agency or body using public procurement have processed payments for valid supplier invoices after 30 days of receipt; and if so, the scale of such payments in terms of value and number of invoices involved. [4309/20]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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67. To ask the Minister for Finance if the Office for Government Procurement or another Department, agency or body using public procurement have processed payments for valid supplier invoices after 90 days of receipt; and if so, the scale of such payments in terms of value and number of invoices involved. [4310/20]

Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 66 and 67 together.

Details of payments for valid supplier invoices processed by my Department and the bodies under its aegis during 2019; after 30 days of receipt, and 90 days of receipt, are contained in the following tables (the various tables have been compiled based on the accounts as at the time the PQ was first received).

It should also be noted that many of the below payments would not have been subject to penalty interest. An invoice can be paid after more than 30 days for a number of valid reasons, such as a dispute, to allow time for information contained on the invoice to be clarified, it may contain an error or there could be an omission.

There are 17 bodies under the aegis of my Department, 6 of which have provided content for inclusion. These are the Office of the Comptroller and Auditor General, Central Bank, Financial Services and Pensions Ombudsman, National Asset Management Agency, Office of the Revenue Commissioners and the Tax Appeals Commission.

It was not possible for 4 of the bodies, Credit Union Advisory Committee, Credit Union Restructuring Board, National Treasury Management Agency and Home building Finance to respond in full to this information request in the time available and therefore I will make arrangements to provide a response in line with Standing Orders.

6 bodies did not have any payments that were processed after 30 or 90 days. These are the Credit Review Office, Disabled Drivers Medical Board of Appeal, Investor Compensation Company Limited, Irish Financial Services Appeal Tribunal, Irish Fiscal Advisory Council and the Strategic Banking Corporation of Ireland.

The Irish Bank Resolution Corporation is not subject to procurement rules and therefore, does not fall under the scope of this PQ.

The remaining bodies under the aegis have provided the following information: