Oireachtas Joint and Select Committees

Wednesday, 24 January 2024

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Regulatory and Legislative Changes Required for the Transposition of the Adequate Minimum Wages Directive: Discussion

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I will briefly touch on the issue of public procurement and procurement being used as a mechanism to drive or support workers' rights. All present have heard of cases relating to this issue. In light of the Cathaoirleach's warning, I will not name the cases specifically. One such case involved a cleaning company that provided services in a Department. Another involved a very large food company that provided food services to a large State agency. Neither of those companies recognised or in any way engaged with trade unions. The trade unions attempted to bring them to the Labour Court or the LRC, now known as the WRC, as would be the normal run of events. All the while, however, State money was funding their legal advice and legal advisers and possibly their membership fees of any representative group. They were refusing to engage with the third-party machinery of the State that was funding them.

In the case of one of these companies, my understanding is that its only client and customer at that stage was the State. I will ask my questions to the witnesses from both organisations before us, beginning with Ms McElwee. Is it appropriate for those companies that benefit greatly from State contracts to then turn their back on State machinery and refuse to engage? Can and should public procurement be used as a mechanism to support and drive workers' rights?

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