Oireachtas Joint and Select Committees

Wednesday, 12 June 2013

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform

Construction Contracts Bill 2010: Committee Stage (Resumed)

2:20 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

I move amendment No. 38:


In page 12, before section 11, to insert the following new section:11.—Every public procurement capital project to the value of €1,000,000 or over shall include a social clause containing the following provisions—
(a) main contracts to include a requirement that the main contractor recruits one long-term unemployed person, either directly or through the supply chain, for each €1,000,000 of project value,
(b) main contracts to include a requirement that the main contractor recruits one apprentice directly or through the supply chain, for each €1,000,000 of project value,
(c) main contractors comply with the application of fair employment, equality and anti-discrimination legislation,
(d) main contractors shall use their best endeavours to ensure that in their employment policies and practices and in the delivery of the services required under the contract they have due regard to the need to promote equality of treatment and opportunity,
(e) government construction clients to co-operate with other Government departments in discharging their statutory duty to act in a manner which they consider best contributes to sustainable development to include—
(i) taking account of any Department of the Environment, Community and Local Government strategy or guidance on sustainable development,
and
(ii) compliance with the Green Public Procurement National Action Plan,
(f) main contracts to include requirement that—
(i) at least 10 per cent of the material value of the project be derived from recycled/reuse, and
(ii) main Contractors report on the recycled/reuse content achieved using suitable standard industry tools.".
We had a long discussion at the last meeting about the whole issue of social clauses. My amendment refers to public procurement in capital projects to the value of €1 million or more. The Minister of State knows that in other jurisdictions, social clauses have been deployed. They might be legally tricky and must be balanced against EU legal requirements in procurement directives but I will press the amendment to underline the importance of addressing the issue of social clauses.

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