§ Mr. Michael Lathamasked the Secretary of State for the Environment whether he will advise local authorities or other public sector clients that, when advertising contracts in the Official Journal of the EEC in accordance with Directive 71/305, they make specific reference to the proposals to sign undertakings under Department of the Environment Circular 123/75, so as to prevent abortive tenders by overseas companies which might not be aware of these entirely non-statutory and voluntary arrangements.
§ Mr. John SilkinNo. Individual conditions of contract are not required to be advertised in the Official Journal. These are included in the contract documents issued on invitation to tender, and the question of abortive tendering does not arise.
§ Mr. Michael Lathamasked the Secretary of State for the Environment whether his statement that Circular 123/75 does not conflict with EEC Directives 71/304 and 71/305 was based on legal advice.
§ Mr. John SilkinThe reply of my hon. Friend the Under-Secretary of State responsible for housing and construction to the hon. Member's Questions on 26th January 1976 was derived from general consideration of the effects of EEC Directives 71/304 and 71/305. My Department's legal advisers are, however, satisfied with the view expressed in the reply.—[Vol. 904, c. 19–20.]