Additional Guidelines Approved for certain Consultancy Contracts

Following consideration of the recommendations in the recent report prepared by Mr. Dermot Quigley, additional Guidelines in relation to certain proposed consultancy contracts have now been agreed for incorporation in the Cabinet Handbook.

These Guidelines will apply particularly in the PR or communications area where there is a significant element of direct service to a Minister or where a Minister has suggested the name of a person or enterprise for a consultancy or contract.

In such cases, the Secretary General of the relevant Government Department will be required to inform the Secretary General to the Government of the proposal.  He will arrange for the Cabinet Secretariat in the Department of the Taoiseach to inquire about any aspects of the proposed procurement that it considers necessary.

Arising from this, the Secretary General to the Government will if necessary make recommendations to the Taoiseach as to whether any special conditions should be observed in the procurement process.

The Guidelines are effective immediately and are being brought to the attention of all relevant Departments and Offices.

17th February 2005

Additional Procedures to apply to certain consultancies and procurements

The Quigley Report has highlighted the need for special care in cases where a Minister may wish to suggest a particular person (or enterprise) for a consultancy contract or where a contract provides for services to both a Minister and the Department.

At the outset it is important to stress that a Minister should not take any action that might interfere with the conduct, in accordance with the relevant guidelines, of a fair and transparent procurement process. Furthermore, the Code of Conduct for Office Holders sets out broad principles to guide Ministers in managing their responsibilities, including in relation to the appropriate use of public resources and the furtherance of the public interest.Ministers are obliged to act in accordance with the Code of Conduct.

The introduction of the following procedures is subject to those over-arching principles and represents a set of requirements additional to the operative procurement guidelines,compliance with which remains the responsibility of the relevant Department or Office.

These procedures do not dispense with any requirements as contained in relevant Administrative Budget provisions for sanction by the Department of Finance for expenditure. Any such requirements must be satisfied separately.

Additional Procedures

Circumstances in which they should be applied

The following procedures should be applied in situations where a proposed consultancy (or any proposed contract for services), whether short term or for a longer period,

(a)       comprises a significant element of direct service to that Minister or Minister of State, particularly in the PR or communications area (specifically the giving of advice, briefing, etc); and/or

(b)       where the Minister/Ministerof State has suggested the name of a person(s) or enterprise(s)that might be suitable.

The Procedures

  1. The Secretary General of the relevant Department or Head of Office (if (s)he is not already so aware) must be notified whenever the circumstances above occur.
  2. The Secretary General of the relevant Department or Head of Office must inform the Secretary General to the Government.
  3. The Secretary General or Headof Office should confirm to the Secretary General to the Government that arrangements for the proposed procurement will comply with national, E.U. and any other relevant requirements and will continue to be responsible for compliance with those requirements
  4. If the Secretary General to the Government is of the view that the proposed consultancy comes within the definition at (a) or (b) above, (s)he will arrange for the relevant aspects to be considered within the Cabinet Secretariat. The Cabinet Secretariat may inquire about any aspect of the proposed procurement they believe to be pertinent to consideration of the matter and may, as necessary, consult the Department of Finance about same.
  5. The Secretary General to the Government will then make a recommendation to the Taoiseach as to whether any special conditions should be observed in the procurement process.
  6. The Secretary General or Head of Office concerned should give consideration to the appointment of a process auditor to oversee any such procurement. In any event, the Internal Audit Unit of the relevant Department or Office should be informed whenever a proposed consultancy (or contract for service) proceeds in accordance with these procedures.

General

The Secretary General or Head of Office should arrange to have these procedures brought to the attention of each Minister/Minister of State in his/her Department or Office and to any Minister or Minister of State appointed to the Department or Office in the future.