[Irl-dean] Fw: European Directives on Public Procurement

Gerry Ellis gerry.ellis at feelthebenefit.com
Thu Mar 2 20:44:03 GMT 2006

RE: European Directives on Public ProcurementHi,

Please see below the response from the Dept. of Finance.

Not much joy here, similar to Mark.

I am hoping that NDA will write and I would be interested in finding out what response they might get.

Take care,

Gerry Ellis
t/a Feel The BenefIT

Tel   (+353-1) 282-7791
Mob   (085) 716-8665
email gerry.ellis at feelthebenefit.com

If you don't know where you're going,
How will you know when you get there?

----- Original Message ----- 
From: Noone, Billy 
To: Gerry.Ellis at boimail.com ; gerry.ellis at feelthebenefit.com 
Sent: Tuesday, February 28, 2006 5:34 PM
Subject: RE: European Directives on Public Procurement

    Dear Gerry 

    Thank your for your letter on the draft Regulations transposing the revised EU public procurement Directives. 

    The EU public procurement Directives have as their primary aim the promotion of an open, fair, competitive and transparent public procurement market across the European Community and beyond. To achieve this the Directives require public contracting authorities to advertise their contracts and to award them using fair procedures under transparent non - discriminatory criteria. Past public procurement Directives offered little scope in regard to how policy considerations, other than economic ones, could be taken into account. The recently revised Directives make some provisions which reflect how factors which are not purely economic, such as social and environmental, may be taken into consideration in performing the public procurement function.     

    In transposing the Directives, the National Public Procurement Policy Unit took on board the provisions which related to Design for All and accessibility for persons with disabilities to the extent possible within the paramaters of the Directives. This Unit had sight of and input to the recent Disability legislation at its drafting stage. Our input was designed to ensure that the legislation was compatible with procurement law while meeting its primary objective of catering for the needs of persons with disability. 

    We feel that the provisions of the draft Regulations complement and appropriately facilitate implementation of the provisions of the Disability Act 2005, in particular Part 3 of that Act which promotes access to mainstream public services and information and to public buildings. These statutory provisions together with the Code of Practice for public bodies being developed by the National Disability Authority, and the sectoral plans to be prepared and published in key area of the public sector and public services, represent positive actions to enhance the participation of people with disabilities in everyday life. 

    I have requested the Parliamentary Counsel Office to amend the reference in the provision on reserving contracts for employees of sheltered workshops. In this regard the need to refer to the Minimum Wage is unnecessary as all employers are obliged to observe this statutory requirement.  

    Yours sincerely 

    Billy Noone 
    National Public Procurement Policy Unit 

Dear Billy, 

Thank you for the information that you gave me yesterday in relation to 
the European Directives on Public Procurement. 

I have attached a letter that makes some suggestions that I hope you can 
incorporate into the draft regulations before they are finally signed. 
These relate to both Directives. 

The suggestions do not involve major amendments, but areas that need 
clarification and, in some cases, a little strengthening. I am confident 
that everything suggested is fully in line with the letter and the spirit 
of the Directives. 

If you wish to reply, I would appreciate it if you would write to two 
email addresses 
gerry.ellis at boimail.com 
gerry.ellis at feelthebenefit.com 

Thank you for your interest. 

Take care, 

Gerry Ellis 

Tel    (+353-1) 618-7274 
Mobile (085) 716-8665 

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