Written answers

Wednesday, 22 January 2025

Department of Public Expenditure and Reform

Employment Rights

Photo of Holly CairnsHolly Cairns (Cork South-West, Social Democrats)
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410. To ask the Minister for Public Expenditure and Reform whether any consideration is given to the treatment of staff when accepting bids for public tenders, such as the presence of clear pay scales, payment of wages above minimum wage, union recognition, and WRC and Labour Court cases; and if he will make a statement on the matter. [2064/25]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Public Procurement is governed by EU and national rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

Specifically, EU rules require tenderers to be compliant with relevant employment law in order to participate in a public procurement process. The directives make it clear that non-compliance with the relevant obligations may lead to exclusion of a tenderer from the procedure for the awarding of a public contract. The obligations on suppliers in relation to compliance with employment law are reflected in the suite of tender documentation for goods and services developed by the Office of Government Procurement in conjunction with the Office of the Chief State Solicitor.

In relation to the inclusion of the union recognition in public contracts, there is no legal basis in Irish law or national agreements to make this a requirement on suppliers who wish to engage in public tendering. In addition, at EU level, any attempt to set wage rates through public procurement is also likely to be viewed as discriminatory and in breach of the EU Treaty principles and the EU Procurement Directives. Wage rates which have a legal underpinning, of course, apply to all contracts, public and private.

It is also important to note that employment law and its enforcement, in both public and private contracts, is a matter for the relevant State authorities, including the Workplace Relations Commission and the Departments of Enterprise, Trade and Employment, and Social Protection.

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