NUI student on work experience employed as NBS consultant by Department (DCENR)

Dear Eamonn,

The PSEU Branch Committee would like to enquire as to the process for the appointment of XX, previously employed as a Stagiaire in COmmunications (Development) Division.

We understand that XX’s contract expired in May 2007. She is now however working once again in Communications (Development) Division, we believe as a consultant.

In accordance with the Public Procurement Guidelines 2004;-

* Supplies and services less than €5000 may be secured on the basis of verbal quotes from one or more competitive suppliers
* Supplies or service contracts between €5000 to €50,000 may be awarded on the basis of responses to specifications sent to at least 3 service providers;
* Contracts above €50,000 and up to the value of EU thresholds should be advertised as part of a formal rendering process

The Branch Committee requests details of which of the above procurement processes were undertaken leading to XX’s appoitment, including the number of tenders sought, the experience and expertise set out in the specification, the duration of the contract in question and the remunersation attaching to the position.

It is the understanding of the PSEU Branch Committee that the main purpose of establishing the Stagiaire Scheme throughout the Civil Service was to recruit third level students and recent graduates to recognised administrative grades in the Civil Service through short-term work experience. Re-employment of Stagiaires either as consultants or in any other atypical capacity totally undermines this fundamental intention of the Stagiaire Scheme.

We would also reiterate the PSEU Head Office query concering the employment of a former Stagiaire immediately subsequent to the expiry of a a Stagiaire contract. Could you clarify please, on what basis can this Department award a constlancy contract to someone who has just completed work experience programme in the Department?

The PSEU Branch Committee would appreciate an early response in this matter please.

Yours sincerely,
Lorraine O’Donoghue
PSEU Branch Secretary

To: Ms. Ciara Bates
Cc: Mr. Peter O’Neill, Mr. Eamonn Molloy, Mr. Dave Hanley

From: Ken Spratt

Date: 10 October 2007

Re: National Broadband Scheme Resources - XX

1. The PSEU recently wrote to Mr. Molloy enquiring about the employment of XX on the national Broadband Scheme (NBS). The following facts may be useful on considering an appropriate reply to the PSEU.

2. In October 2006, Minister Dempsey directed that a NBS be out in train, Given the complexities involved, Minister Dempsey felt that ComReg’s telecommunications expertise should facilitate the implementation of the NBS. The Minister decided that the NBS was the main priority for the Communications area for 2007/2008 and agreed that the Department would meet the cost of any outiside consultants required by either ComReg or the Department to deliver the NBS.

3. On 16 October 2007 [<< wrong date here] I met with Mr. Hanley and Mr. O'Neill to discuss (i) the lack of resources in may area to handle existing priorities and (ii) the need for additional resources for the NBS (1 AP 1 AO/HEO). It was explained to me that the general shortage of resources meant that all divisions in the Department were under resources and that no further resources would be made available to me. I explained that this was disappointing, unacceptable and un-sustainable and that I would have to explore other avenues for securing the resources required to meet the demands of the section.

4. Later in October 2006, in order to address the lack of resources I re-assigned YY (Analyst on secondment from ComReg) and XX to the new NBS. Their previous briefs were, with difficulty, re-assigned to other members of my Division.

5. Both XX and YY have built up considerable expertise that is critical to the smooth running ot the NBS procurement project. In Decemnber 2006, I was faced with the prospect of YY returning to ComReg. Thankfully, we were able to extende her secondment to the end of 2007. This date now looming and will need to be addressed. I will contact you separately in this regard.)

6. In April 2006, I advised Mr. O'Neill that Xx was due to finish on 23 May 2006. It was not possible to extend her Stagiaire contract. I advised Mr. O'Neill that, given the lack of a replacement resource, I would like to find some way of retaining XX. I highlighted that I intended to hire her as a consultant and that, in accordance with section 5.1 of the Public Procurement Guidelines, I wished to record that a competitive process would not be appropriate. Going to procurement would not have resulted in securing a resource with the required knowledge of the NBS. In any event, the rate negotiated with XX was excellent value for money.

7. In summary:
* The NBS is the key priority (multi-million € project( in my Division during 2007/2008
* Minister Dempsey directed that the required budget for consultants required to deliver the project should be secured and that such consuultants should be engaged
* The required resources were not available within the Department
* A competitive process was not deemed to be appropriate
* The Public Procurement Guidelines recognise that competitive processes are not always appropriate

8 I would be happy to meet with you to discuss

Regards,
Ken Spratt