Dáil Éireann Debate, Tuesday - 23 June 2026
274. Deputy Darren O'Rourke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the oversight there is of public tenders to ensure they are fair and do not drive existing commercial companies out of business (details supplied); and if he will make a statement on the matter. [47392/26]
Amharc ar fhreagraPublic procurement in Ireland is governed by both EU and national rules designed to ensure that all procedures are carried out in a fair, transparent and non-discriminatory manner. These rules are set out in EU Directives.
EU Directive 2014/24/EU on public procurement (goods, services and works) has been transposed into Irish Law in the form of corresponding Regulations - S.I. No. 284/2016 - European Union (Award of Public Authority Contracts).
The Office of Government Procurement, a Division of my Department, has published the Public Procurement Guidelines for Goods and Services to provide a comprehensive interpretation of this legal code, to serve as national rules, and to improve consistency and promote best practice in the application of these rules.
My Department is responsible for the development of public procurement policy, while individual contracting authorities are responsible for conducting their own procurement processes in line with these rules. 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 regarding procurement.
Award decisions are similarly the responsibility of the awarding body, and they may be challenged under the national Remedies regime. The national Remedies regime in public procurement is the system that allows bidders to challenge procurement decisions and obtain redress where rules have been breached. It is derived from the EU Remedies Directives and implemented primarily through Irish regulations (e.g. S.I. No. 130/2010, as amended, and equivalent regulations for utilities and concessions).
My Department continues to keep procurement policy under review to ensure it remains aligned with best practice and supports a competitive, sustainable supplier base.
