Gerald Nash (Louth, Labour)
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151. To ask the Minister for Employment Affairs and Social Protection her plans in relation to the proposed tendering process for local employment, activation and support services; if this process and the tender process currently under consideration seeks to replace the current services provided by existing jobs clubs and local employment services; and if she will make a statement on the matter. [30020/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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A request for tender (RFT) for employment services for seven counties in the north-west and midlands was recently published.  These new services, in areas of the State where no Local Employment Services (LES) currently operate, will constitute a significant expansion of employment services.  My Department expects to have these new services up and running in the third quarter of this year. 

Separately, the current contracts for all existing contracted public employment service provision expire at the end of 2021.  These contracts have been in place, in many cases, for over 20 years, with no formal competitive procurement being undertaken over that period.  This is not in compliance with the requirements of good governance or national and EU procurement rules.  My Department is, therefore, developing a series of RFTs to be published later in the year. These will ensure that, with effect from 2022, the public employment service has sufficient capacity and can deliver a high-quality employment service in order to support all those who need our assistance and help in securing employment. 

This is in line with detailed legal advice received by my Department that these employment services must be procured though open competitive procurement processes, in accordance with EU and national procurement rules.  This advice is unequivocal and ignoring it would potentially expose my Department to legal challenge. 

Organisations, including LES and Job Club providers, with strong experience in the delivery of similar services at a community and local level, will be in a strong position to work collaboratively in responding to the RFTs when they issue.

Dara Calleary (Mayo, Fianna Fail)
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152. To ask the Minister for Employment Affairs and Social Protection further to previous Parliamentary Questions in relation to a potential RFT for local employment services in areas with existing providers and for those areas with no local employment services at present, the specific EU procurement rules she cites in her responses as necessary to issue a RFT; if she has sought a derogation from any potential requirement on the basis that the local employment services provides a vital social service; and if she will make a statement on the matter. [30080/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department recently published a request for tender for employment services for seven counties in the North-west and Midlands. These new services, in areas of the State where no Local Employment Services currently operate, will constitute a significant expansion of employment services. My Department expects to have these new services up and running in the third quarter of this year.

This procurement process will be competitive in line with legal advice received by my Department both from the Chief State Solicitor's Office and the Attorney-General's Office that these employment services were not subject to exceptions from procurement regulations. As the Deputy is aware, the Government does not publish its legal advice so I am not in a position to discuss the specifics of that advice. However, I am satisfied that the legal advice is comprehensive and unambiguous and no derogation is allowable in these circumstances.