Written answers

Wednesday, 31 March 2021

Department of Employment Affairs and Social Protection

Departmental Legal Cases

Photo of Mairead FarrellMairead Farrell (Galway West, Sinn Fein)
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664. To ask the Minister for Employment Affairs and Social Protection if her attention has been drawn to instances of litigation or the threat of litigation arising from the inclusion of social clauses in public procurement contracts in each of the years 2017 to 2020. [16600/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Department ensures that there is an appropriate focus on good practice in purchasing and that procedures are in place to ensure compliance with all relevant guidelines.

The inclusion of social considerations has been specifically allowed for in the 2014 EU Directives on Public Procurement. The Office of Public Procurement (OGP) sets out, in its "Information Note on Incorporating Social Considerations into Public Procurement”, the key factors for policy departments and contracting authorities to be aware of when contemplating and planning the use of social considerations in public contracts. The Department of Social Protection is a member of the Strategic Procurement Advisory Group, which was established by the OGP to consider the use of social considerations in public procurement where appropriate.

My Department will continue to have regard to the EU and National legislation and OGP guidance on this matter and will ensure that, while incorporating social considerations into procurement, value for money is maintained and it does not give rise to discrimination.

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