Tommy Broughan (Dublin North East, Labour)
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Question 215: To ask the Minister for Jobs, Enterprise and Innovation if he is reviewing the procedures that are in place to ensure that all contractors and sub-contractors who have been awarded public contracts fully comply with all legislation on revenue and on pay and conditions for employees; his views regarding the self-certification process under local authority framework agreements; if he has been briefed by the National Employment Rights Authority on this matter; and if he will make a statement on the matter. [19702/11]

Richard Bruton (Dublin North Central, Fine Gael)
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Matters to do with public procurement procedures fall to be considered by my colleague the Minister for Public Expenditure and Reform who has overall responsibility for the Government's public procurement procedures. Matters concerned with the implementation of public procurement procedures in respect of particular contracts fall to be taken up with the relevant Government Departments in respect of the various contracting authorities operating under their aegis, including matters related to the self-certification process under local authority framework agreements which are a matter for my colleague the Minster for the Environment, Community and Local Government.

All construction related projects involving public expenditure must conform to Department of Finance Public Procurement procedures. These procedures state that contracting firms including subcontractors must be compliant with all employment rights legislation in respect of pay and conditions of employment when engaged on public works contracts thereby creating a level playing field for competing tenders. Issues concerned with compliance regarding taxation are matters for the Revenue Commissioners.

The standard public works contract between a contractor and procuring authority requires the contractor to undertake to ensure that the wage rates and other terms and conditions for all workers, including employees of sub-contractors comply with statutory provisions in the area of employment law. Under current terms of public procurement contracts, the contractor is obliged, for the purposes of the reporting requirements during the course of the contract, to make a statement to the contracting authority, certifying compliance with the employment rights legislation in respect of each payment due under the contract.

If anyone is aware of specific instances where public contracts have been awarded to firms that are not complying with pay and or other terms and conditions of employment, there are a number of ways in which the matter can be investigated through either, the relevant public authority that awarded the contract, through the dispute settlement system in respect of vindication of an employees rights such as through the Rights Commissioner service, or directly with the National Employment Rights Authority (NERA). NERA has statutory authority to share information and carry-out joint investigations with the Revenue Commissioners and the Department of Social Protection.