Pauline Tully (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I recently submitted a parliamentary question regarding the need to halt the tendering process for the LES until a proper engagement with the relevant stakeholders could develop a more suitable model. In her response, the Minister stated that "extensive consultations" had taken place. However, representatives of SIPTU informed the Joint Committee on Social Protection, Community and Rural Development and the Islands that its engagement with the Minister’s Department took place on 17 September 2021, which was after the tendering process for the operation of regional employment services had commenced.

The response went on to state that "clear legal advice" had been obtained from the Attorney General that the current procurement "process is not in keeping with our procurement obligations". This legal advice, however, has not been released to the joint committee for examination. The committee noted that Directive 2014/24/EU, regarding public procurement, states that it should be recalled that "...nothing in this Directive obliges Member States to contract out or externalise the provision of services that they wish to provide themselves or to organise by means other than public contracts within the meaning of this Directive".

The Minister’s reply further stated that the new regional employment service, RES, "is not privatisation of employment services" and that her "officials are striving to ensure that the new model does not create any barriers to the community and voluntary sectors or inhibit their ability to submit a [...] tender". Yet, a report commissioned by the Irish Local Development Network, ILDN, CLG, found that the model used in the initial request for tender, RFT, is a for-profit model and that it is not clear that this approach can meet the needs of the long-term unemployed, excludes some cohorts of people, such as carers, lone parents and those referred from complementary programmes, and is unlikely to provide viable, for-charity, not-for-profit companies. This is plainly a privatisation of this service, with minimal consultation and the withholding of relevant documentation. I commend the motion, therefore, which aims to protect our local employment service from privatisation and to let our communities know they are not for sale.

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