Pearse Doherty (Donegal South West, Sinn Fein)
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Question 162: To ask the Minister for Education and Skills the reason he does not require companies to state or prove that they are complying with the CWPS or NECI pension schemes; if he is in a position to state that the contractors awarded education contracts in 2011 in County Donegal are complying with the pension scheme; and if he will make a statement on the matter. [37308/11]

Ruairi Quinn (Dublin South East, Labour)
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All contractors employed on major school building projects are required to ensure that rates of pay and conditions of employment, including pension contributions, comply with all applicable law and that those rates and conditions are at least as favourable as those for the relevant category of worker in any employment agreements registered under the Industrial Relations Acts 1946 to 2004.

The Department has the following procedures in place in relation to compliance with Construction Workers Pension Scheme (CWPS):

- The technical guidance documents for design teams require that the tender documents for contractors must state that compliance with membership requirements of the Construction Workers Pension Scheme or equivalent are conditions precedent to the award of the contract.

- In the case of major school building projects, prior to award of contract contractors are required to submit evidence of compliance with membership requirements of CWPS or equivalent in regard to sick pay/ pensions.

- In the case of projects devolved to schools, the BOM/ VEC is required to confirm that confirmation of compliance has been received from contractors.

My Department has produced a guidance document called DTP Practice Note 5 - Pay and Conditions of Employment 1st Edition October 2010 available on the Department's website: http://www.education.ie/servlet/blobservlet/pbu_dtp_pay_conditions_note_5.pdf. This practice note sets out the duties of the Contractor and the Employer's Representative (usually the Project Architect) under the relevant contract used for individual school building projects.

In the event that complaints regarding compliance with employment rights legislation arise, the appropriate statutory body for investigating such complaints is the National Employment Rights Authority (NERA). Its remit includes both inspection and enforcement (and prosecution) services. NERA's website is http://www.employmentrights.ie.

The Deputy may be interested to know that I have asked the relevant officials in my Department to discuss a proposal suggested by the Irish Congress of Trade Unions which may lead to a higher level of compliance on all school building projects funded by the state. Discussions on this will continue in the coming period.