Mairead Farrell (Galway West, Sinn Fein)
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64. To ask the Minister for Public Expenditure and Reform his views on whether the contracting authorities are conducting an appropriate level of due diligence in view of recent public procurement audit failures associated with Covid-19-related purchases; and if he will make a statement on the matter. [45418/21]

Martin Browne (Tipperary, Sinn Fein)
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70. To ask the Minister for Public Expenditure and Reform if he is satisfied that contracting authorities are conducting an appropriate level of due diligence in view of recent public procurement audit failures associated with Covid-19 related purchases; and if he will make a statement on the matter. [45602/21]

Michael McGrath (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 64 and 70 together.

EU public procurement regulations were developed and agreed by all Member States within the European Union to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. The regulations, however, acknowledge that there can be legitimate reasons for awarding contracts without the use of a competitive process, including extreme urgency brought about by unforeseeable events such as the onset of the Covid-19 pandemic. The regulations provide for a range of options for procuring goods and services in such urgent circumstances.

In July, the Government agreed that, as the early challenges of the pandemic have now been addressed, the number of circumstances reduced where exceptional procurement action is required. The Government recognised, however, that the pandemic may yet bring additional unforeseen challenges which may require such exceptional action. However, such situations are expected to be rare and must be fully justified and reported to the Comptroller & Auditor General.

The Office of Government Procurement (OGP), an office within my Department, has responsibility for developing and setting out the overarching policy framework and associated guidelines to facilitate compliance with public procurement rules. The OGP will shortly publish an updated Information Note for public bodies on Covid-19 and public procurement emphasising the need for public bodies to attain maximum value for money through competitive procedures.

My Department, including the OGP, has no role in the audit and scrutiny of the procurement practices of public sector bodies. It is a matter for individual contracting authorities to ensure that their public procurement function is discharged in line with the standard accounting and procurement rules and procedures. Section 19 of the Comptroller and Auditor General (Amendment) Act, 1993 provides that each Accounting Officer is personally responsible for the safeguarding of public funds and property under his or her control; for the regularity and propriety of all the transactions in each Appropriation Account bearing his or her signature; and for the efficiency and economy of administration in his or her Department. Public procurement practices are subject to audit and scrutiny under the Comptroller & Auditor General.

Denis Naughten (Roscommon-Galway, Independent)
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65. To ask the Minister for Public Expenditure and Reform the way he plans to promote green public procurement; and if he will make a statement on the matter. [45397/21]

Michael McGrath (Cork South Central, Fianna Fail)
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In 2019, my Department published Circular 20/2019: Promoting the use of Environmental and Social Considerations in Public Procurement which instructs Departments to consider including green procurement criteria where:

- Clearly defined, quantifiable, verifiable, and measurable criteria have been developed by the Department of the Environment, Climate and Communications (DECC), and are relevant to the specific procurement process, and

- The cost can be met within a Department’s existing budget, without impacting on service delivery

Circular 20/2019 also requires public bodies to incorporate relevant green procurement measures into their planning and reporting cycles as an appendix within each Annual Report which serves to further promote its uptake. Additionally, departments provide detailed reports to the Environmental Protection Agency annually which will assist in understanding where further guidance is needed or where promotion should focus.

In September 2021, my colleague Minister of State with responsibility for Public Procurement and eGovernment, Ossian Smyth launched the updated 'Green Public Procurement - Guidance for the Public Sector'. The Office of Government Procurement (OGP) supported the EPA in the development of this guidance. It incorporates guidance for 10 priority categories on:

- Opportunities to consider green issues throughout the procurement process

- Defined, quantifiable, and measurable criteria and

- Methods of verification.

The EPA funded training for public procurement officers on the guidance throughout 2021 and will extend training to suppliers this year.

My Officials in the OGP will engage with the EPA and DECC in further promoting the use of the updated guidance through the inter-departmental Strategic Procurement Advisory Group (SPAG) and its Environmental subgroup. The SPAG facilitates incorporation of social and environmental considerations into public procurement bringing together officials from policy departments with public procurement practitioners to share best practice. The Environmental subgroup, chaired jointly by the OGP and DECC, facilitates detailed, technical discussion on approaches to incorporate environmental considerations into procurement. Also, OGP engages bilaterally with public bodies promoting GPP, and presents at many events aimed at the public sector, including the EPA Circular Economy Conference 2021.

My Department is committed to promoting GPP in line with international and national policy and best practice and continues to work effectively with partners to build upon the current interest in GPP arising from recent developments including the Waste Action Plan for a Circular Economy, Climate Action (Amendment) Act, and Climate Action Plans.