Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I move amendment No. 16:

In page 31, line 4, after “contract” to insert “(and the sub-contracting chain)”.

As the Minister should be aware at this stage, many aspects of the construction industry in this State are broken. There is wholescale migration from direct employment towards RCTs, in an effort by construction companies to gain a competitive advantage with regard to the lack of a minimum wage and pay and conditions that often go with RCTs. This amendment would go some way towards dealing with these issues. I have raised the Kishoge issue with the Minister a number of times. Subcontracting chains are part of the reality of the delivery of contracts in this State and we are in effect extending the liability beyond the principal contractor, with whom the public contracting authority has entered into the contract, with regard to subcontracts. In addition, the contracting authority should be empowered to exclude from the tendering process employers who are seriously or repeatedly in breach of employment rights. This amendment is in line with provisions within the new public procurement directives on the award of concession contracts. These directives provide for joint and several liability. This is an effort to bring this legislation into line with that.

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