Written answer
Defence Forces
183. Deputy Sinéad Gibney asked the Minister for Defence whether her Department is taking the use of battle testing of military technology in Gaza into account in defence procurement processes; and if she will make a statement on the matter. [54104/26]
Comment on this
Directive 2009/81/EC sets out European rules for public procurement in the fields of defence and security and applies in principle to all contracts for the procurement of military equipment, works and services as well as procurement of sensitive supplies, works and services for security purposes. This Directive allows for certain exclusions or restrictions to access to tender competitions by third country bidders.
The Department of Defence follows the principle of competitive tendering for Government contracts in accordance with national & EU regulations, including specific EU regulations for procurement of defensive equipment, and in line with Office of Government Procurement guidelines where relevant. Departmental procurement procedures are kept under constant review to ensure Office of Government Procurement advice is followed and to ensure best value for money procurements are achieved. Adherence to EU regulations and OGP guidelines ensures compliance with human rights and international law obligations.
Since the ICJ advisory opinion of 19 July 2024, the Department has included provisions in its tender documentation regarding the right to reject offers from third countries, which includes Israel, on defence and security grounds, in line with the Commission guidance on the procurement of defensive equipment under Directive 2009/18/EU. There is no intention to purchase military equipment from Israel.
I can confirm that, in the course of procuring defence equipment, my Department has not sought or relied on the service history of military technology used in the Gaza conflict.