Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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59. To ask the Minister for Public Expenditure and Reform if there is sufficiently robust oversight in relation to State procurement and contracts to ensure that all those contracted to do works or to provide services to the State are fully compliant in areas such as tax, social protection, health and safety; and if he will make a statement on the matter. [1943/16]

Brendan Howlin (Wexford, Labour)
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It is the responsibility of each contracting authority to ensure that contracts are awarded to compliant businesses through the standard procedures contained in the procurement process. Thereafter the conditions of contract and the legislation governing the referenced areas ensure compliance, with oversight undertaken by the contracting authority concerned and the appropriate statutory bodies as necessary.

Contracting authorities set down the minimum standards for those applying for public contracts in the pre-qualification stage of a tender competition.  Compliance with tax and social welfare requirements is dealt with under the criterion covering the personal situation of the applicant.  Specifically in relation to works, the duties imposed on clients by the Safety, Health and Welfare at Work (Construction) Regulations 2013 are dealt with as part of the pre-qualification and award stage of the procurement process.  Competency is dealt with in the pre-qualification stage by assessing the applicant's qualfications and experience whereas the question of adequate resources falls under both the pre-qualification and award stages of a procurement process.

Self-declarations may be permitted at the early stage of the pre-qualification process to reduce the administrative burden on both businesses and public bodies. However, successful tenderers or successful candidates in the case of a restricted procedure are required to provide the pre-determined evidence in support of those declarations, a failure to provide the required evidence will result in a rejection of their tender on the basis of non-compliance.

Tax compliance is further enforced through the requirement for a current tax clearance certificate to be produced prior to the award of the contract and for any payments thereunder.  

The Public Works Contract also makes provision for deductions from payments in accordance with the legislation governing taxation in that sector.  Health and Safety legislation is underlined and enforced throughout the Public Works Contract by enshrining legal requirements as conditions of contract so that serious health and safety breaches may be relied upon as breach of contract leading to termination.

These are in addition to the remedies contained in law which are enforced by the appropriate statutory bodies who possess the necessary powers to investigate and to bring proceedings.