Oireachtas Joint and Select Committees

Thursday, 14 February 2019

Joint Oireachtas Committee on Social Protection

Bogus Self-Employment: Discussion (Resumed)

Professor Michael Doherty:

Absolutely. They do, and sometimes we see that in the tender criteria, but I do not always see it being followed through in the award. The Scottish Executive, for example, has inserted living wage clauses into public contracts. There is a real question that this is not in conformity with EU law, but they have done it anyway. To my knowledge the measure has yet to be challenged. There is a timidity in how Ireland awards State contracts. It is understandable, but to change it I am not so sure it is the law that needs to change. It is very much the practice and culture of the awarding of State contracts that needs to change. This would probably need to come from a fairly senior level.

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