Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

I will try to answer the question - as it relates to the Department - which is in respect of procurement. I should explain that public procurement already includes provisions for the protection of labour rights.  Public procurement is the acquisition, whether under formal contract or not, of works, supplies and services by public bodies.  National rules governing public procurement must comply with the relevant EU and national legal requirements and obligations.  Under EU law, public contracts above a certain value must be advertised EU-wide and awarded to the most competitive tender in an open and objective process. The aim of European and national rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

Public procurement procedures require applicants to meet certain standards when applying for public contracts.  In this regard, applicants are required to make declarations relating to their financial standing, legal standing and the payment of taxes and social contributions.  They must also be compliant with relevant labour law.

Prior to the award of a public works contract, the successful applicant is required to produce a current tax clearance certificate from the Revenue Commissioners.

The management of the tendering process for a public contract is a matter for each contracting authority.  It is the responsibility of each authority to ensure that tenderers comply with all the requirements of the process.

Once awarded, the conditions of the public works contracts require the contractor to certify compliance with employment law, to maintain records of all those employed on the site, regardless of whether they are employees of the contractor or subcontractors, and the hours worked by them.  Where requested, the contractor must also provide details of the payments made to those employed on the site.

Where the contractor fails to comply with their obligations under the contract or employment law, deductions may be made.

Enforcement of tax, social welfare and employment law are matters for the relevant State authorities, including the Workplace Relations Commission, the Department of Employment Affairs and Social Protection and the Revenue Commissioners.

With regard to the construction area specifically, I understand the matter Deputy Boyd Barrett raises, or it might be a related matter, is under consideration by our colleague, the Minister of State, Deputy Breen. I will bring the Deputy's question to his attention.

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