Written answers

Tuesday, 12 October 2021

Department of Employment Affairs and Social Protection

Employment Support Services

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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328. To ask the Minister for Employment Affairs and Social Protection if the arrangement between her Department and local employment service providers constitutes contracts of indefinite duration. [49428/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Local Employment Services (LES) provide a one-to-one employment assistance and advice service for the long-term unemployed.

My Department currently contracts with a range of providers for the provision of Local Employment Services. Each contract stipulates the duration of the contract which is for a period of 12 months. The current contracts are in place from 01 January 2021 and are due to expire on the 31 December 2021.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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329. To ask the Minister for Employment Affairs and Social Protection if her Department has considered whether a legitimate expectation has been established in its contractual relationship with local employment services and job clubs; and the exposure the State could face from the cessation of these contracts. [49429/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I understand that the Deputy is referring to a position being adopted by an interested party in regard to

the ongoing procurement process for employment services. It would be inappropriate to comment on

any expectation attributable to a third party or the legitimacy or otherwise of such a position.

My Department is at an advanced stage in its first phase of a two-phase procurement for regionally based employment services. The procurement has two key goals.

First, it will see a significant expansion across the State of employment services for those furthest from the labour market. The regional employment services will have a strong focus on local and community linkages and will help to address the post-covid19 employment challenge.

Second, the procurement process will help to place the services on a proper contractual footing. The existing services were first contracted for over 20 years ago and there has been no formal procurement process in the intervening years. This is not in compliance with standards of proper governance or best practice. I have previously made clear that legal advice from the Attorney General's Office and the Chief State Solicitor’s Office states that contracts for employment services should be procured in an open and competitive manner.

Therefore, any potential risk of exposure to the State would more likely arise from the continuation rather than the cessation of previous practices, which are not in accordance with the State's legal obligations under public procurement law.

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