Dessie Ellis (Dublin North West, Sinn Fein)
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To ask the Minister for Justice and Equality the measures his Department or An Garda Síochána have taken to ensure that any private companies contracted by them to carry out work on behalf of the State are compliant with employment rights legislation. [11570/13]

Alan Shatter (Dublin South, Fine Gael)
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Both my Department's and the Garda Siochana's procurement of services is regulated by E.U. and Irish Law and follows procedures issued by the National Procurement Service. Both organisations, as public bodies, are concerned that employees rights are protected. When tendering for services both organisations makes use of standard templates issued by the NPS prepared by the Office of the Chief State Solicitor. Potential service providers are reminded, under the terms and conditions of the tender documentation, that they are required to have taken account of their legal obligations relating to employment protection and working conditions in the provision of services sought and that the employment status, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of providing services are their sole responsibility in law.

In this regard, tenderers must, when submitting their bid, provide a statement confirming that they have taken account of these legal obligations relating to employment protection and working conditions. Failure to do so renders the tender submission non-compliant and excludes them from further consideration for the provision of services. Tenderers are also required to include an undertaking to comply fully with Council Directive 2001/23/EC relating to the safeguarding of employee's rights in the event of transfer of undertakings and to indemnify the contracting Authority for any claim arising or loss incurred as a result of its failure or incapacity to fulfil its obligations. Once contracts are in place, any reported breaches of rights would be taken up with the employer.