Written answers

Thursday, 21 January 2010

5:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 93: To ask the Minister for Finance if his attention has been brought to an EU directive which allows public tenders to be exempt from the normal process when the majority of employees have disabilities; when this directive will be transposed into law here; and if he will make a statement on the matter. [2818/10]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The current public procurement Directives, 2004/18/EC covering procurement by public sector bodies and 2004/17/EC covering procurement by entities in certain public utility sectors, allow EU Member States to reserve the right to participate in the award of public contracts to sheltered workshops or to participants in sheltered employment programmes. These Directives have been transposed into Irish law under Statutory Instrument 329 of 2006 covering public sector procurement and Statutory Instrument 50 of 2007 covering utility sector procurement. Regulations 16 and 30, respectively, of these Instruments enable contracting bodies to reserve participation in public contract award procedures to those in sheltered employment.

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