Strengthen Public Procurement

Background Information:

The commitment relates directly to the 2017 GRECO recommendations¹ and the findings of the Open Government Partnership IRM (Independent Reporting Mechanism) Evaluation of 2019.² The GRECO recommendations focused on using financial reporting, such as avoiding conflicts of interest and making public procurement data accessible online. In addition, the OGP evaluation emphasised the need to make public procurement data openly accessible.

Monitoring:

The National Anti-Corruption Strategy outlines several actions that directly respond to these recommendations, enhancing public procurement, expanding procurement units’ access to information, and increasing opportunities to intervene when corruption is detected. The Action Plan against the Shadow Economy and Economic Crime for 2016-2020³ also included measures to create public access to procurement data. The National Anti-Corruption Strategy includes the following actions:

7.1 Organise thematic training on the risks of corruption for officials, internal auditors and elected officials engaging in procurement. Fulfilled

As part of the national strategy countering the grey economy and financial crime, the Ministry of Justice organised targeted and tailored training for high-risk sectors during 2021 and plans to continue this in 2022. Risk sectors are public procurement, political decision-making – especially at local level – and the building sector. The Ministry of Justice provided a list of training given to law enforcement, prosecutors, court staff and FIUs (Financial Intelligence Unit) included in Annex 6.

7.2 Expanding procurement units’ access to information. Fulfilled

a) Examine means of promoting access to information on direct procurements. Fulfilled

The National Competition and Consumer Authority report examined ways to promote access to information on direct procurements, providing recommendations on measures for better access to information.⁴

b) Investigate means to improve access to information for contracting entities in connection with procurements. Fulfilled

The Finnish tax authorities carried out a project, connecting contracting entities and financial supervisors to the FCInet system, which provides a platform to match investigative data via information exchange,⁵ publishing a checklist for procurement units,⁶ and creating a public website to investigate procurement data.⁷

c) Investigate the possibility of requiring declarations of private interests from persons involved in the preparation of procurements, or other means of preventing conflicts of interest. Fulfilled

The National Competition and Consumer Authority report examined conflict of interest risks in public procurement. It provided three critical recommendations on measures to address potential issues: (a) introduce policies that do not allow conflicts of interest when selecting civil servants or allocating decision-making roles (b) ensure all organisations in the public sector have guidance and reporting channels to allow anonymous reporting of conflicts of interest or other illicit behaviour, and (c) nominate internal auditing or another similar actor to receive these reports, protect the whistleblower and initiate investigations.⁴

7.3 Improve the competence of persons working with public procurement in procurement processes and procurement legislation. Fulfilled

Measures under the Action Plan for Tackling the Grey Economy and Economic Crime, such as the project to enhance corruption detection by 2019, have improved the competencies of people working in public procurement.⁸ In addition, the checklist for procurement personnel was accompanied by the 2021 Hankinta-Suomi initiative guidelines for codes of conduct and a self-assessment form.^{9 10} Public procurement authorities have also received increased training outlined in 7.1.

Overall, therefore, we consider this commitment fulfilled.