Written answers

Wednesday, 18 April 2012

Department of Public Expenditure and Reform

Departmental Contracts

10:00 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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Question 415: To ask the Minister for Public Expenditure and Reform the steps taken to ensure that any company in receipt of Government contracts are fully compliant with judgements of Labour Court, Employment Appeals Tribunal, Labour Relations Commission, Equality Tribunal, and National Employment Rights agencies. [19045/12]

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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Question 416: To ask the Minister for Public Expenditure and Reform the number of procurement contracts awarded to companies with outstanding judgements from the Labour Court, Employment Appeals Tribunal, Labour Relations Commission, Equality Tribunal, and National Employment Rights agencies. [19046/12]

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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Question 417: To ask the Minister for Public Expenditure and Reform the measures within the procurement guidelines that ensure that all companies tendering for Government procurement contracts are fully compliant with judgements of Labour Court, Employment Appeals Tribunal, Labour Relations Commission, Equality Tribunal, and National Employment Rights agencies. [19047/12]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I propose to take Questions Nos. 415 to 417, inclusive, together.

Compliance with the legislation covering employment and equality issues comes under the aegis of my colleague the Minister for Jobs, Enterprise and Innovation. Public procurement procedures require applicants to meet certain standards when applying for public contracts. The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts are set out in Regulation 53 of SI 329 of 2006 European Communities (Award of Public Contracts) Regulations 2006 and Article 45 and Recitals (34) and (43) of 2004/18/EC, the EU Directive on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts. Before an applicant, in relation to certain breaches is excluded, the applicant may make a case and provide supporting evidence as to why it should not be excluded. The contracting authority must consider this evidence before deciding whether to exclude or include an applicant.

In qualifying for inclusion in tender competitions for public contracts, applicants must submit signed declarations stating that none of the circumstances outlined in Regulation 53 of SI 329 or Article 45 of 2004/18/EC apply.

Photo of Patrick NultyPatrick Nulty (Dublin West, Labour)
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Question 418: To ask the Minister for Public Expenditure and Reform the number of State companies who have used overseas companies for printing work in the following years 2008, 2009, 2010 and 2011; if he is satisfied that this is an appropriate use of State resources; and if he will make a statement on the matter. [17673/12]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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An Post National Lottery Company is a commercial State body and day to day operational matters are a matter for the body concerned. There are no other State companies that come under the aegis of my Department.

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