Pearse Doherty (Donegal, Sinn Fein)
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332. To ask the Minister for Public Expenditure and Reform his plans to revise and update existing tendering practices and procurement procedures employed across the public sector with a view to ensuring that all private companies contracted to provide goods and or services and which are in receipt of public moneys are compliant with their legal obligations and responsibilities as employers; if he will guarantee that the rights of their employees are both recognised and respected, including employee entitlements such as pay, leave and working conditions, in accordance with the law; and if he will make a statement on the matter. [21773/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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The position is that when carrying out procurement procedures contracting authorities require suppliers to comply with a wide variety of legislation in areas that would include taxation, social policy, the environment and employment law. Compliance with the legislation covering these areas is rightly a matter for the relevant Department or agency. Therefore employment law, health and safety and their enforcement, are matters for my colleague Ms. Mary Mitchell O’Connor TD Minister for Jobs, Enterprise and Innovation.

Recently revised 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 57 of S.I. No. 284 of 2016 – European Union (Award of Public Authority Contracts) Regulations 2016 and Article 57 (4a) and Recitals (100) and (101) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement.  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 addition, the qualifying tenderer must submit signed declarations stating that none of the circumstances outlined in Regulation 57 of S.I. No. 284 or Article 57 of 2014/24/EU apply.

The Workplace Relations Commission (WPC) (comprising the former National Employment Rights Authority) is responsible for enforcing minimum statutory employment rights and entitlements in the State and, in undertaking that role, carries out a range of functions including the provision of employment rights information and the inspection of employment related records. The WPC operates a system of risk based inspections in sectors where there are identifiable risks. Inspections are also carried out in response to complaints received and routine inspections are undertaken as a control measure.