Clare County Council has rejected a move which would have restricted it to accepting goods and services only from companies that are fully planning compliant.
The move, in the form of a motion, was tabled by recently elected Green Party Councillor Brian Meaney who said it was being put forward because the council had featured on an RTÉ Prime Time report as one of the local authorities which had difficulties with planning enforcement.
The councillor argued that many companies were faced with extra costs to become planning compliant, while "cowboy operators" could supply lower tender prices when contracting for goods and services.
Cllr Meaney told The Irish Times the situation became particularly unfair when companies which were not planning compliant were then rewarded with a council tender for goods and services.
However, in a written reply to the councillor, council management said: "The focus of procurement is primarily to ensure that the council obtains the best value in acquiring products and services from the private sector."
The council reply continued: "It must be stressed that public procurement cannot be used as a means of securing compliance with other codes for which there is specific provision in law, e.g., planning and environment.
"Specific situations where breaches come to our attention will be examined on an individual basis."
But Cllr Meaney said the reply ignored the fact that many companies were required to be tax compliant when dealing with State agencies "and this works well". But he also maintained the reply made no reference to guidelines for best procurement practice, laid down by the Department of the Environment.
Arguing that it was not good enough for local authorities to carry on in a "business as usual fashion" with non-compliant companies, Mr Meaney said Government guidelines published with the Local Government Act, 2001, called for procurement processes to be carried out with the highest standards of probity.
"Allowing tenders to be accepted from sources that are not planning compliant does not sit well with upholding the highest standards of probity and integrity," he said.
"The principle itself requires compliance with 'all relevant guidelines'. I presume this means planning guidelines as well. Public procurement is already used to ensure tax compliance as outlined in the guidelines," Cllr Meaney said.
