KWETB REPORT SEEKS A GARDA INQUIRY
BODY IS ASKED TO PROVIDE DETAILED UPDATE WITHIN THREE MONTHS
THE INVESTIGATOR appointed by the Department of Education and Skills to look into certain procedural matters relating to the Kildare and Wicklow Education and Training Board (KWETB) has asked the Garda National Economic Crime Bureau to carry out its own investigation into certain occurrences within the body. Dr Richard Thorn carried out the report, which highlighted ‘several inconsistencies surrounding procurement of minor building works’ within the organisation.
THE investigator appointed by the Department of Education and Skills to look into certain procedural matters relating to the Kildare Wicklow Education and Training Board (KWETB) has asked the Garda National Economic Crime Bureau to carry out its own investigation into certain occurrences within the body.
Dr Richard Thorn’s report into the KWETB was published last week and in it he noted there are ‘several inconsistencies surrounding procurement of minor building works’ that were beyond his power to investigate and added ‘this matter has been referred to the Garda Economic Crime Bureau’.
The report raised a number of concerns around past tendering and public procurement within the organisation.
The referral was with regard to Dr Thorn’s examination on ‘the purpose for, and the procurement and award of a contract to an independent expert for a school building project’.
In his report Dr Thorn noted: ‘KWETB is the contracting authority for the building of ‘School 1’. In 2016, a dispute arose between the main contractor and some members of the design team.’
Dr Thorn further noted that the then Chief Executive, in an attempt to solve the problems on the contract, procured on an emergency basis the services of ‘Company 5’.
A letter of engagement issued by Company 5 was signed on August 15, 2016, by the then Chief Executive of the KWETB and a representative of ‘Company 5’.
The purpose of the contract was to engage a mediator/expert in the dispute. The total amount paid to Company 5 in respect of the contract was €9,787.75.
In January last year, in response to a request from the main contractor, KWETB instructed ‘Company 5’ to expand the scope of its work and a contract to that effect was signed on January 23, 2017. The total amount paid by the KWETB to ‘Company 5’ in respect of the expanded scope of work was €14,138.85.
Dr Thorn said that guidelines on the approval process be held on file for audit purposes, however, no such documentation was provided to the investigator.
In particular, he expressed concern that the follow-up contract to expand its services represented a ‘roll-over’ agreement which would have been in breach of Procurement Guidelines that specifically prohibit such open-ended agreements rolling over.
Dr Thorn recommended that the KWETB Board utilise the services of an external agency to develop a checklist of policies and procedures covering procurement and any related matters to include version control, promulgation and sign off by Board members and members of the Executive.
He also said that policies and procedures should be developed for managing real or perceived conflicts of interest at both Board and Executive level.
His report also examined the payment of €483,000 for costs arising from ‘a requirement for early completion’ of a school project which was effectively part of ‘an acceleration’ process.
Dr Thorn stated in his report that the acceleration was ‘not in accordance with Department contract management guidelines’.
The report stated that direct involvement of the employer, represented by the then Chief Executive, was ‘ill-conceived and likely to lead to confusion and increased difficulty in agreeing final accounts’.
The publication of the report was welcomed by the organisation’s current Chief Executive, Dr Deirdre Keyes, who, in a statement issued to this newspaper said the KWETB will continue to work closely with the Department of Education and Skills and other relevant bodies and agencies.
Dr Keyes welcomed the directions outlined by Minister Bruton under Section 41 of the Education and Training Board Act 2013 and expressed satisfaction that the minister acknowledged the ‘proactive approach [of the Board] to improving governance arrangements and addressing matters of concern raised in the report’.
Dr Keyes also confirmed that work is ‘well under way’ on the implementation of the KWETB Action Plan which is also included in Dr Thorn’s report.
The Board of KWETB will meet shortly to review the specific directions of the Minister for Education.
Minister Bruton also asked that the Board provides ‘a comprehensive update to the Department’ on the performance of the ETB’s functions in accordance with Section 41 of the Education and Training Board Act 2013 within three months and quarterly thereafter until otherwise notified.