Description

Three Strand Investigation: Terms of Reference

The Permanent Secretary of DRD set out the following Terms of Reference in order to deal comprehensively with the full range of allegations and complaints that the Northern Ireland Audit Office (NIAO) and Department had received about the Rathlin Ferry Contract. It was agreed with NIAO that the investigation would have three inter-related strands:

Internal Audit Investigation

The ongoing Internal Audit investigation into many of the original allegations and complaints (terms of reference detailed below) will feed into the other two strands of the investigation.

"In the light of the Northern Ireland Audit Office’s letter of 7 May 2008, to examine the concerns and issues raised by ’Sonia Monahan’ regarding the procurement procedures for the recently awarded contract for the Rathlin ferry service and to report. The examination should take into consideration earlier criticisms raised by ‘Sonia Monahan’ directly with the Department. The examination will involve seeking information from the Central Procurement Directorate which advised the Department during the course of the two relevant tender processes. "

Procurement Process Investigation

The terms of reference for this part of the investigation are as follows:

"In light of the allegations and complaints received by NIAO and the Department for Regional Development, to investigate all aspects of the procurement process for the Rathlin Island Ferry contract and provide assurance that:

a all tenderers received equal treatment and there was no discrimination;
b there was transparency about the decision-making process; and
c there was no manifest error in the award of the contract. "

Investigation of Complaints against DRD Staff

The terms of reference for this part of the investigation are as follows:

"To carry out a preliminary investigation in accordance with the procedures, approach and timescale referred to in an attached letter and in order to:

a enquire into the complaints against Official 1 and Official 2 concerning their role in the procurement process for the Rathlin island Ferry Contract and associated issues as set out in the attached letter and enclosed matrix;
b establish the nature, background and facts to these events;
c identify and enquire into any additional conduct matters that may emerge as part of the investigation in relation to Official 1 and Official 2 or any other identifiable civil servant involved in the process; and
d provide a report on your investigation and advise on the need to put specified formal disciplinary charges to Official 1 or Official 2 or any other civil servant iinvolved in the matter. This will be incorporated into a composite report to reflect the totality of the findings from the 3 strands of the overall investigation into matters relating to the Rathlin island ferry contract.