I propose to take Questions Nos. 381 and 380 together.
As the Deputy is aware, individual Accounting Officers are responsible for ensuring that their public procurement functions are discharged in line with the standard accounting and procurement rules and procedures and are publicly accountable for expenditure incurred. Individual contracting authorities are responsible for establishing arrangements for ensuring the proper conduct of their affairs, including conformance to standards of good governance and accountability with regard to procurement.
The legal code in respect of contract modifications to public contracts following the award of contract is set out in Regulation 72 of S.I. No. 284/2016 - European Union (Award of Public Authority Contracts) Regulations 2016. This regulation describes the circumstances in which contract modifications are permitted, the rules governing modifications and the reporting obligations on Contracting Authorities who modify public contracts.
Furthermore, the Deputy should be aware, any move by Member States to impose more stringent or excessive rules to those already provided for in EU Law, referred to as gold plating, is looked at unfavourably by the EU Commission.
The Deputy should also note, the EU Commission is reviewing the existing legal framework governing public procurement and has recently published its evaluation. The Commission have indicated the second quarter of 2026 for the legislative process to commence for the revision. It is imperative that any public procurement policy in development be fully aligned to the ongoing work of the Commission in this regard. In parallel to this, on a national level, Ireland’s first National Public Procurement Strategy is currently in progress, with its completion forthcoming. Once finalised, the strategy will include objectives and cross-departmental actions to support the delivery of strategic, innovative, sustainable and transparent public procurement that promotes competition and value for money.
Question No. 381 answered with Question No. 380.