'Disappointment' at Derry & Strabane ethical procurement policy delay

In an updated report, presented at this month’s Governance and Strategic Planning Committee meeting, members were informed that the policy was due to be developed by October last year, in alignment with implementation of the UK Government’s new Procurement Act 2023.

The Procurement Act 2023 aims to improve the way public procurement is regulated to create a simpler commercial system; open up public procurement to new entrants for public contracts; and to embed transparency so that the spending of taxpayers’ money can be properly scrutinised.

The report explained that the implementation of the Act had been delayed until February 24, and council’s policy could not be finalised until the Act is implemented.

The committee was also told that the council were aware of the processes that need to be introduced to ensure compliance with its requirements.

Sinn Féin councillor Emma McGinley said she was “quite disappointed” that council had “missed the target” for the policy.

She said: “I understand that’s to do with the implementation of a Procurement Act coming through Westminster, but surely if we develop a policy within council, and then legislation comes forward after the fact, we can amend policies to make sure they meet the regulations.

“We don’t want to see unnecessary delays. The procurement act is ‘2023’, we’re now in 2025, and God knows when they’re actually going to implement it.

“So I’m wondering if we are able to move ahead with the policy and if it needs amended, to meet the requirements of the Act, then we’ll do it when that’s fully implemented.

“I would like to see this moved forward to be able to implement [council’s] BDS (Boycott, Divestment, Sanctions) policy, so I want to express my disappointment because it just seems to be moving very slowly.”

Senior Solicitor, Philip Kingston, said the new Procurement Act will “open additional opportunities to the council in terms of ethical procurement”, so the alignment of both “makes sense”.

“There is some indication that this February date may be pushed back,” Mr Kingston concluded. “And if that is going to be a significant delay then officers would propose not to await the implementation of the Procurement Act, but to take forward what [council] can at that stage and amend the policy whenever it is finally introduced.”

Andrew Balfour,

Local Democracy Reporter.