Derry and Strabane District Council's ethical procurement policy delayed

A Derry City and Strabane District Sinn Féin councillor has voiced disappointment at what she described as the “lack of progress” in implementing Council’s Ethical Procurement Policy (EPP).

Speaking at Tuesday’s Governance and Strategic Policy (GSP) committee meeting, Cllr Emma McGinley said it had been hoped to have the policy developed in October 2024.

She added: “This would have been in line with our overall aims of having the EPP completed and implemented within the last calendar year.

“Obviously we have missed that target and I do understand that is to do with the implementation of the Procurement Act.”

The Procurement Act 2023, which will change the rules that shape how public bodies buy goods and services, is due to come into effect on February 24, 2025, after much delay.

Cllr McGinley asked why Council’s EPP could not have been introduced and later amended to comply with the Procurement Act.

She added: “We don’t want to see any unnecessary delays. I would like to see our EPP moved forward, not just for us to be able to implement the BDS policy that is our corporate position, but all the other elements outlined in the report that allows us to have an Ethical Procurement Policy for Council.”

Boycott, Divestment and Sanctions (BDS) IS a non-violent Palestinian-led movement promoting boycotts, divestments, and economic sanctions against Israel. 

Council’s chief executive said it would not have been “good practice” for Derry City and Strabane District Council to introduce its EPP in October 2024, as the Procurement Act was “literally about to come in”.

He added: “But since we are now in a situation where there does appear to be a significant delay that issue could entirely be reconsidered.”

Council’s lead legal services officer said while the Procurement Act puts “certain additional burdens” on Council, “it will also open additional opportunities in relation to what it wants to take forward in terms of ethical procurement, so the alignment of the two makes sense”.

He added: “There is some indication, potentially, the February 24 date may be pushed back. 

“If there is going to be significant delay then obviously officers would propose not to await the implementation of the Act but to take forward what it can at this stage and then to amend and update the policy whenever the procurement act is finally introduced.”

Originally Derry City and Strabane District Council officers were aiming to have the EPP developed in October 2024 following the implementation of the new Procurement Act 2023. 

In a report presented to the GSP committee it was stated the EPP could not be finalised until the new Procurement Act was implemented and Council was aware of the processes and procedures that need to be introduced to ensure it complied with the requirements of the Act. 

According to the report, there are “several strands of work currently underway within the Council which will lead to the development and implementation of an Ethical Procurement Policy within the next few months”.

Officers in the Climate and Biodiversity Section are incorporating Ethical Procurement into Council’s Responsible Procurement Strategy, which is being developed in collaboration with Sustainable Northern Ireland as part of the Innovate UK Programme. 

The report added: “The Council has considered in the past the ability of Council to implement the BDS campaign through procurement. 

“Whilst there are a number of legal impediments to this the BDS working group continues to explore the extent to which these aims might be progressed within a broader ethical procurement framework. 

“As members will be aware, the Council is represented on the Community Wealth Building Hub (CWB). This group consists of a number of social economic organisations in the council area and has previously presented to council. 

“The work of the CWB hub provides a forum to discuss all aspects of procurement and has a number of actions within its plan associated with council and the wider public procurement. This would be included within any revised ethical procurement policy.”

In terms of Social Value Workshop (City Deal), the report said: “The Council recognises the importance of social value clauses within our procurement and the potential to leave lasting legacies within communities after a capital build project has completed. 

“Council has already held a social value workshop with its city deal partners including UU, WHSCT, NWRC and various government departments. 

“The purpose of the workshop was to begin the conversation to ensure as we collectively develop our procurement documents for the various city deal projects, social value is an important element of those projects.”