Professor Michael Doherty:

Yes, I believe so. Unfortunately, I will give a slightly lawyerly answer. Public procurement law is notoriously complex and subject to quite strict European rules. For example, a suggestion was that State contracts could contain living-wage provisions and that, therefore, the living wage would be paid rather than the statutory minimum wage. That is legally problematic, although it would need to be tested. Another suggestion, which would require a contractor to ensure that everyone working on the project was a member of a trade union, could also be argued to be legally problematic, although it may not be. I cannot see any problem, however, with a legally binding condition that the contractor must engage with the State disciplinary machinery. I am sure it could be challenged but it would be a robust provision.