Seán Canney (Galway East, Independent)
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1334. To ask the Minister for Health the way that he identified the small number of candidates whom he judged as having suitable experience before contacting and inviting them to apply for the role of chair of the abortion review thereby sidestepping an open public procurement process; and if he will make a statement on the matter. [19241/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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As I stated during my appearance before the Joint Committee on Health on 8 December, it was my intention to appoint an independent Chair to lead the second phase of the review of the operation of the Health (Regulation of Termination of Pregnancy) Act 2018.  During this session, there was also discussion on a related but separate national tendering process for the provision of qualitative research on the views and experiences of termination of pregnancy service providers to inform the review of the operation of the Act. 

Initially, it was my intention to directly appoint the independent Chair to lead the review, however, as the costs involved in contracting a Chair were estimated as exceeding €25,000, the advice I received from my officials was that Department was obliged, under procurement rules, to conduct a tendering process for the appointment.  

In line with S.I. 284 of the European Union (Award of Public Authority Contracts) Regulations 2016 a restricted tendering procedure was adopted to procure. Given the expertise required for the position, a small number of candidates, identified as having suitable experience, were contacted by my officials and invited to tender for the role of independent Chair of the review. Following this process Ms. Marie O’Shea, B.L. was appointed as the independent Chair and she has commenced her work. The undertaking of this tendering process, as opposed to the direct appointment of a Chair, is consistent with the discussion at the Committee meeting.