Dara Calleary (Mayo, Fianna Fail)
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59. To ask the Tánaiste and Minister for Social Protection if she will outline the discussions she or her Department have had with suppliers or service contractors to her Department, or to agencies of her Department, to ensure that employees of such suppliers and contractors are paid the Living Wage; and if she will make a statement on the matter. [34898/15]

Joan Burton (Dublin West, Labour)
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My Department procures services from suppliers via open public procurement which is governed by a comprehensive regulatory, legal and procedural framework. In particular procurement practice is governed by EU Directive 18 of 2004 and supported by procurement guidelines published by the Department of Finance, and circulars of the Department of Finance and Department of Public Expenditure and Reform.

Under Article 27 of Directive 2004/18/EC as implemented into Irish law by Regulation 27 of European Communities (Award of Public Contracts) Regulations 2006 (S.I. No. 329 of 2006), tenderers must provide a statement confirming that they have taken account of their legal obligations relating to employment protection and working conditions relating to the provision of the services sought.

Tenderers are also required to include an undertaking to comply fully with the provisions of the application of the Transfer of Undertakings and Protection of Employees (TUPE) Directive and Irish implementing Regulations S.I. No. 131 of 2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.

The Government has assigned responsibility for procurement policy and procedures to the Office of Government Procurement.

The Department’s procurement policy is published on the website. I am satisfied the Department is compliant with best practice in the procurement of supplies and services.