Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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550. To ask the Minister for Public Expenditure and Reform the impact Brexit has on companies in Northern Ireland applying for public Government contracts here; and if he will make a statement on the matter. [19026/21]

Michael McGrath (Cork South Central, Fianna Fail)
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Ireland continues to apply EU public procurement rules to covered public contracts.In parallel, national procurement rules apply to public contracts valued below the EU thresholds.

Under EU law, public contracts above certain values must be advertised EU-wide and awarded in competitive tendering in an open and transparent process. National rules provide for similar processes. These rules aim to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. There is no provision in the Procurement Directive governing public contracts for the exclusion of economic operators from third countries such as the UK. The departure of the UK from the European Union has not altered these rules.

The EU-UK Trade and Co-operation Agreement (TCA), which reflects the NI Protocol, contains specific provisions ensuring access to the public procurement markets of both parties. The principal aspects, for above the EU threshold procurements, include inter alia;

- Continued access to public procurement opportunities in both jurisdictions to interested providers.

- non-discrimination obligations to ensure that interested providers in each jurisdiction are treated no less favourably than nationally-based providers.

The TCA further provides for reciprocal treatment and access to procurement opportunities for companies established in each other’s jurisdiction for below-threshold procurements.

The Office of Government Procurement continues to provide advice to public bodies and economic operators in relation to Brexit and the implications for public procurement.