"Dangerous precedent", BIRN: Draft for NAKSHI tenders met with criticism in Parliament

Parliamentary committees reviewed and approved on Monday, with only a majority vote, a legal initiative supported by the government, which aims to transfer the tenders of the National Agency for the Information Society, AKSHI, to a joint-stock company with public and private participation.
According to the draft law submitted to the Assembly by Socialist MP Erjon Malaj, the Agency that administers the state digital infrastructure will no longer carry out procurements and conclude contracts for the maintenance of platforms - transferring this task to an ICT company, where the state owns at least 51 percent of the shares.
Opposition MPs opposed the bill and considered it to be motivated by the sensational investigations of the Special Prosecution Office, which revealed the existence of a structured criminal group at the head of AKSHI, accused of controlling tenders worth tens of millions of euros for the state's digital infrastructure, where the defendants include controversial businessman Ergys Agasi and long-time director of AKSHI, Mirlinda Karçanaj.
The opposition also raised questions about the security of sensitive data managed by the agency, concerns that were also articulated, in a milder form, by Socialist MPs.
"If an institution is accused of embezzlement and criminal connections, why isn't an in-depth financial, technical and security audit conducted first?" asked DP MP Jorida Tabaku during a discussion in the Laws Committee, demanding that before tenders are transferred to companies with private participation, transparency is needed regarding their management over the years.
She also raised concerns about ensuring the security of sensitive data from the transfer of critical digital infrastructure, databases, state systems, and communication networks to private management.
"This sets a dangerous precedent," said Tabaku, adding that the initiative also contradicts the European integration process and critical infrastructure management standards in EU countries.
Even in the Committee on Internal Affairs and Defense, the draft law was met with the same concerns.
"There are many big questions related to National Security, because investigations showed that people connected to organized crime have access to sensitive data, or does the application of this model bring less trouble?" - said the MP of the Mundësia party, Erald Kapri, addressed this committee.
He also requested clarification from the government on how the private company that would become a shareholder would be determined, as the new provisions did not provide for whether it would be selected through competition or preferentially.
The concern about data protection was also shared by Socialist deputies in both committees.
MP Ilir Pendavinji raised questions about whether this model has any problems with violating the role of the National Agency for Public Health, whether it is a form of privatization of state systems, and how the financial control and transparency of the joint-stock company that will manage these systems is guaranteed.
The changes proposed by MP Malaj arrived in the Assembly with the support and prior consultation of the AKSHI and the Ministry of Economy and Innovation, as accepted in committee by representatives of these institutions.
Malaj said that the change in the law came as a need for technological development and the new challenge is the maintenance and functioning of systems and platforms. He said that their owners will continue to be public institutions and that the changes do not affect data security nor do they affect the competencies of the ANA.
"There is a separation of functions, the company has operations, maintenance and development," Malaj said.
Concerns regarding investigations into tender abuse, according to Malaj, were legitimate, but related to another dimension, that of individual criminal responsibilities.
The practice of controversial legal changes through proposals by socialist deputies is not new and has been applied several times during the past legislature. At the same time, the socialist majority is recently moving towards management with public and private joint-stock companies in several sensitive sectors, including defense.
In the new provisions, the NAIS is only recognized for exercising functions of a technical, architectural, and technical support and monitoring nature of e-government systems.
Meanwhile, Information Technology systems, platforms or infrastructure will be transferred, according to the initiative, "to the administration of ICT operating companies for development, operation or maintenance purposes."
Beneficiary public institutions will pay ICT operating companies based on service contracts for maintenance services of their systems.
Very high net profit rates in relation to revenue are in fact a distinctive feature of economic entities that have won public procurements from the National Agency for Digital Infrastructure, an office under the Prime Minister, which deals with the state's digital infrastructure.
The director of this institution, Mirlinda Karçanaj, was charged with the criminal offense of violating equality in tenders, committed in the form of cooperation within a criminal group, alongside Ergys Agas, Ermal Beqiri and several other individuals./ BIRN
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