Written answers
Thursday, 20 February 2025
Department of Communications, Climate Action and Environment
Departmental Contracts
Ruth Coppinger (Dublin West, Solidarity)
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89. To ask the Minister for Communications, Climate Action and Environment to consider a moratorium on engaging in contracts with a company (details supplied), in light of their anti-union activities in Sheffield; and if he will make a statement on the matter. [6618/25]
Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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As Minister for the Environment, Climate & Communications, I have no function in relation to public procurement policy, which is a matter for the Minister for Public Expenditure, NDP Delivery and Reform. Public procurement is governed by both EU and national regulations.
Similarly, I have no function in relation to industrial relations matters in another jurisdiction. This is a matter for the relevant authorities in that country.
When procuring goods and services my department complies with Public Procurement Guidelines for Goods and Services and relevant EU and national legal requirements and obligations.
The aim of these European and national rules is to promote an open, competitive, and non-discriminatory public procurement regime which delivers best value for money.
Public procurement rules include provisions that require a tenderer to meet certain standards when applying for public contracts and applicants are required to make declarations in relation to their financial standing, their legal standing and in relation to payment of taxes and social contributions. Procurement Regulations require tenderers to comply with applicable obligations in the fields of environmental, social, and labour law. These obligations apply at the place where the works are carried out or where services are provided. They are established by EU and national law, collective agreements or by international, environmental, social, and labour law.
These requirements are set out in standard template documents used in tendering for goods and services which have been developed by the Office of Government Procurement in conjunction with the Office of the Attorney General and the Chief State Solicitor’s
Office. My department checks compliance with the tendering documentation, including all tenderer’s Declarations and Statements.
Following contract award, contractors are required to ensure ongoing compliance with employment law. Where the contractor fails to comply with their obligations under the contract or employment law, and/or fails to remedy the situation the contract can be terminated.
It is 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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