Written answers
Thursday, 29 September 2011
Department of Justice, Equality and Defence
Public Procurement
5:00 pm
Thomas Pringle (Donegal South West, Independent)
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Question 85: To ask the Minister for Public Expenditure and Reform the requirements for contractors who are not based in this jurisdiction to be allowed to tender for work here, specifically in relation to PRSI, registering with the Revenue Commissioners and construction industry pensions. [26778/11]
Brendan Howlin (Wexford, Labour)
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Under the EU Public Procurement Directives, public contracts above certain threshold levels must be open to businesses from across the EU Member States. In the case of public works contracts (including construction-type contracts) the relevant threshold is €4.845 million. In the case of contracts below the threshold levels, the Treaty principles of openness, competition, transparency etc. apply where there is the potential for cross-border interest.
Under our national rules, any non-resident contractor being awarded a public contract must provide a Tax Clearance Certificate issued by Revenue confirming that the firm's tax affairs are in order and that it has complied with its tax obligations in this jurisdiction. Additional information in relation to tax requirements for non-resident contractors can be obtained at www.revenue.ie.
As regards construction industry pension arrangements, the standard public works contract imposes a legal requirement that the contractor comply with the Pension Registered Employment Agreement, except in cases where pension contributions for a posted worker are already being paid in another EU Member State.
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