Thomas Byrne (Meath East, Fianna Fail)
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Question 249: To ask the Minister for Finance if his attention has been drawn to the situation in regard to a company (details supplied) where allegations of phoenix syndrome have been made and employees made redundant without redundancy payments being made; if this company has contracts with the Office of Public Works or other State agencies; if a company which goes into liquidation and fails to comply with employment law can subsequently resume State contracts under a new corporate identity and if this has occurred with this company; and if he will make a statement on the matter. [30364/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Policy issues relating to redundancy, company law and employment law are a matter for my colleague the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Mary Coughlan in the first instance. I can confirm that this company does not have any contracts with my Department. The position in respect of other Departments or Government agencies is a matter for the relevant Ministers. The company referred to by the Deputy has been utilised by the Office of Public Works on a number of occasions in the past. However, the Commissioners of Public Works have had no contracts with this company in the recent past, and have no knowledge of any contracts that currently exist between this company and the Office of Public Works or other Government Agencies.

Under public procurement regulations contracting authorities are required to ensure that tenderers take account of the obligations relating to employment protection and working conditions that are in force and to disregard any tenderer that fails to comply with this requirement. Standard contract conditions for public sector construction projects empower authorities to monitor compliance by contractors with laws relating to pay and working conditions. In addition, contractors may be excluded from a public tendering process if they have been guilty of professional misconduct or have failed to make tax and social security payments required by law.