Written Question · S3W-18478 · Session 3
In light of its international framework, whether the Scottish Government will consider making representations in favour of modifying EU pro…
The question
To ask the Scottish Executive, in light of its international framework, whether the Scottish Government will consider making representations in favour of modifying EU procurement law to allow public bodies within its responsibility to determine what products their contractors supply in order to avoid supporting companies that openly disregard human rights, for example by depleting regional water resources to the detriment of a population, by acting to limit workers’ freedom of association, or by subcontracting so as to benefit indirectly from child labour.
The answer
Public bodies are free to decide what types of products they wish to purchase, but EU law generally requires that they avoid referring to particular manufacturers or to products of a specific make or source or to a particular process when framing the technical specifications to which those products must conform. Companies tendering for public contracts are generally required to disclose any convictions and EU law already allows public bodies to consider excluding from competition any tenderer who has committed a criminal offence or act of grave professional misconduct in the course of their business. Guidance on this has been provided by the Scottish Government''s Procurement Directorate in Social Issues in Public Procurement document. Against this background we do not intend to make representations to the European Commission.
In the Official Report
No contribution in the Official Report cites S3W-18478 by reference.