Sinéad Gibney (Dublin Rathdown, Social Democrats)
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845. To ask the Minister for Public Expenditure and Reform the steps his Department is taking to ensure the implementation of the public sector equality and human rights duty in the operation of his Department and any related State bodies; and if he will make a statement on the matter. [44244/25]

Sinéad Gibney (Dublin Rathdown, Social Democrats)
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846. To ask the Minister for Public Expenditure and Reform the steps his Department is taking to ensure the implementation of the public sector equality and human rights duty in the public procurement practices of his Department and any related State bodies; and if he will make a statement on the matter. [44248/25]

Jack Chambers (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 845 and 846 together.

Public Sector Duty obligations impact on my Department’s functions in many ways. To address this and to ensure that it informs all relevant roles in the Department on an ongoing basis, the Statement of Strategy includes, under the Our Enablers section, commitments to:

Supporting and investing in our people and culture and

Implementing our Public Sector Duty and Climate Action Mandate.

The Strategic Goals section of the Statement of Strategy includes the following outcomes that are relevant to meeting my Department’s Public Sector Duty:

Promote and support open, accountable and transparent Government and Public administration in the Public Service;

Build public trust in our administration and reinforce democracy through fiscal prudence and initiatives such as open data, open Government and understanding and addressing levels and drivers of public trust;

Enable a high performing and skilled workforce with progressive and sustainable HR policies that promote flexibility, wellbeing and inclusion; and

Work with and across the Public Service to strengthen its capability in deploying Digital and Innovative products and techniques to better our people.

My Department addresses its Public Sector Duty obligations through:

Better Public Services is a strategy that aims to guide the ongoing transformation of the delivery of public services and build trust. The vision of the strategy is to deliver inclusive, high quality public service provision that meets the needs and improves the lives of the people of Ireland. Implementation of the strategy will be guided by the drivers of trust identified by the OECD which are openness, fairness, responsiveness, reliability, and integrity.

The Public Sector Climate Action Mandate sets out targets for public bodies covered by public sector decarbonisation targets, with the exceptions of Local Authorities, Commercial Semi State bodies, and the school sector. All relevant bodies under this mandate are required to achieve a 51% reduction in emissions and a 50% improvement in energy efficiency by 2030. They are also required to update Climate Action Roadmaps annually. Commitments to and implementation of the mandate for the Department in 2024 can be found in the Department’s Climate Action Roadmap 2024 published on our website.

My Department has a comprehensive Health & Wellbeing Programme to promote and create a culture of wellness. In 2024 we covered a range of topics prioritising physical, mental and emotional wellness to enable our employees to perform, whilst strengthening their capability to deal with change, build resilience and maintain work life balance.

Given the nature of my Department’s role, it does not generally provide services directly to the general public or businesses.

Concerning the Public Sector Duty in procurement, all procurement by my Department is governed by EU Directives, national regulations and national policies on procurement typically conveyed by Circular. Procurement decisions must in all respects be fair, equitable and ensure value for money. The Department must be able to justify decisions made and actions taken. To this end and as required under Department of Finance Circular 40/02 the Department has a dedicated Procurement Officer. The Office of Government Procurement’s set out the public procurement procedures, available to Government Departments and State bodies, which align with EU and national public procurement rules, including the 2014 Directives and 2016 Regulations. The Regulations require tenderers to comply with applicable obligations in the fields of environmental, social and labour law that apply at the place where the works are carried out or the services provided that have been established by EU law, national law, collective agreements or by international, environmental, social and labour law. The guidelines provide comprehensive guidance to procurement practitioners regarding social considerations in the procurement process. This is incorporated into my Department’s Procurement Policy and these are followed by all staff purchasing goods and services.

My Department plans to produce an action plan for 2025 to 2027 which will include an updated assessment of the human rights and equality issues in the Department.

Bodies under the Aegis

Office of the Ombudsman:

This Office has:

An active Public Sector Duty Committee since 2018, which supports the promotion of Human Rights, Equality and Diversity in the Office through staff events, information sessions and regular staff intranet communications.

This year provided Equality, Human Rights and Unconscious Bias training to staff.

Last year developed a comprehensive guide for staff to assist them in considering the actions and decisions of public bodies, through a human rights lens.

This year reviewed its Transition Year Programme to increase access to and representation among students from disadvantaged backgrounds.

Last year began a long-term, ongoing voluntary and anonymous survey of service users to allow us to make meaningful comparisons with the national population to ensure that our information campaigns are targeted towards ‘underrepresented’ and/or hard to reach groups.

Been confirmed as fully compliant by IHREC with Section 42 of the IHREC Act.

The Office’s Corporate Procurement Plan specifies the social considerations, which must be taken into consideration by all staff when procuring goods and services. The OGP has established a cross-departmental Social Considerations Advisory Group, and the Office ensures that it follows OGP guidance in such matters.

Public Appointments Service:

Publicjobs corporate strategy for 2023 to 2026 - NUA26 – is underwritten by their obligations under relevant statutes, including the Public Sector Equality and Human Rights Duty (Section 42 of the Irish Human Rights and Equality Commission Act 2014). An updated strategy is forthcoming. It has an EDI unit in place which leads on implementation of our EDI Strategy. An assessment of human rights and equality issues relevant to their role was undertaken as part of the development of the first ED&I Strategy 2021-2023. Building on this, the successor strategy (2024-2026) focuses on three areas; developing better data and insights, better processes and supporting our clients to build public sector workplaces that embrace inclusion and reflect society. It reports on EDI actions and key metrics in our Annual Report.

The duty also informs a number of commitments in our People & Culture annual business plan including EDI training & awareness and data collection & reporting.

The duty also forms part of the ESG Actions under its ESG Framework.

Quality Customer Service Action Plan commits to protecting and respecting equality, diversity & human rights in all dealings with its customers, and within its services, procedures and processes, in accordance with Public Sector Duty principles.

It has developed a Supplier Code of Conduct which has been approved by the Executive Team and is due to be rolled out with the 2025 update of our Procurement Procedures in Q3 2025.

State Laboratory:

The State Laboratory are in the process of conducting an assessment which will identify operational areas that need to be addressed, to ensure compliance with the IHREC Act. Once assessment completes, appropriate actions will be identified and delivered through a robust implementation plan.

For public tenders and framework agreements there is a clause requiring all Tenderers and their subcontractors to comply with all of the obligations in the field of social, environmental and labour laws that have been established under EU Law.

Should any additional measures relating to procurement be identified through the aforementioned assessment, State Laboratory public procurement practices will be amended accordingly.

National Shared Services Office:

In its role as the primary provider of shared services to the Civil Service, as well as in its role as an employer, the NSSO is committed to complying with its responsibilities under Section 42 of the Irish Human Rights and Equality Commission Act 2014.

The NSSO introduced our Equality, Diversity and Inclusion policy and continue to raise awareness of the rights and responsibilities of all under this policy.

The NSSO has established an internal working group to advance its work on the public sector duty. The IHREC has provided training to this group, which is focused on the three core steps of assessing, addressing and reporting annually on the public sector duty.

The NSSO has designated access officers who act as a point of contact for people with disabilities wishing to access our services.

The NSSO is committed to developing and implementing improved measures to support the employment of individuals with disabilities, and to meet its public sector obligations under part 5 of the Disability Act 2005. We continue to provide and improve our workplaces to support access to services and facilities for people with disabilities.

The NSSO has appointed a Disability Liaison Officer who is available to assist and support staff with disabilities. We continue to work with third parties and our employees prioritising and supporting wellbeing and mental health in the workplace.

The NSSO has incorporated equality and human rights considerations into its procurement policy.

The NSSO regularly reviews and updates its procurement practices and policy to ensure ongoing compliance and to reflect best practices in equality and human rights.

The Office provides training and awareness for its staff involved in the procurement process to integrate and practice fairness, transparency, and equality in all stages of the procurement process and contract management.

The NSSO also incorporates in its tender specific requirements sustainability and social considerations with NSSO tender evaluators trained to assess potential suppliers’ commitments to equality and human rights as well as the environmental and social impact of their products or services.

The NSSO also ensures that all procurement information and processes are accessible to all its staff, including those with disabilities.

The Office of the Regulator of the National Lottery:

For each strategy period since the Duty came into being, the ORNL has conducted an assessment of its compliance with the Duty and to identify measures that could be taken in the three year period to eliminate discrimination, promote equality of opportunity and treatment, and protect human rights of both staff and those to whom they provide services. These measures are included in each strategy statement and their implementation is reported on in ORNL annual reports. All of these documents are submitted to the Minister and published on our website. The first assessment found that there were many policies already in place that ensured the implementation of the Public Sector Equality and Human Rights Duty at the ORNL.

Additional measures implemented in the period 2022 to 2024 were:

All staff received training on the Duty and the ORNL’s structures and polices relating to it.

Staff were referred to the parts of the Staff Handbook that address the elimination of discrimination, promotion of equality of opportunity and treatment, and protection of human rights.

The Positions Available page of the website was be amended to state that the Office is an equal opportunities employer, and this ethos has been followed when interviewing candidates and recruiting staff.

The website was be updated to refer to and explain the Duty and provide easy access to related information (e.g., Strategic Plan, Customer Charter, etc) and include details of the Access Officer.

The Customer Service Charter was be amended to include details of the Access Officer.

The Complaints Procedure webpage of the website was be amended to refer to the Duty and include an offer of assistance for anybody who requests it.

The FOI page of the website will be amended to include an offer of assistance for anybody who requests it.

The most recent measures being undertaken, in the period 2025 to 2027, are:

(a) All staff are receiving expert collective training on Equality, Diversity and Inclusion throughout 2025; and

(b) Staff who answer the main office phoneline will also receive training on how to best assist people with a hidden disability or communication barrier who may need extra time and understanding when they contact the ORNL.

The ORNL continues to review and update its policies on a cyclical basis in a scheduled manner and in so doing ensures that each policy review is conducted in full consideration of the need to implement the Duty.

For each strategy period since the Duty came into being, the ORNL has conducted an assessment of its compliance with the Duty and to identify measures that could be taken in the three year period to eliminate discrimination, promote equality of opportunity and treatment, and protect human rights of both staff and those to whom they provide services. These measures are included in each strategy statement and their implementation is reported on in ORNL annual reports. All of these documents are submitted to the Minister and published on our website.

The ORNL’s procurement policy calls out the need to fully comply with the Public Sector Equality and Human Rights Duty.

The ORNL’s RTF Template document requires Tendering Organisations to sign a declaration that it:

Has never been the subject of a conviction for child labour and other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council.

Has, in the performance of all public contracts, complied with applicable obligations in the field of environmental, social and labour law that apply at the place where the works are carried out or the services provided, that have been established by EU Law, national law, collective agreements or by international, environmental, social and labour law listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016).

The ORNL evaluates tenders for Environmentally Sustainable and/or Social Considerations. Marks are awarded on the evidence provided by the Tendering Organisation in this category.

The ORNL continues to review and update its procurement policy and practices on a cyclical basis in a scheduled manner and in so doing ensures that each review is conducted in full consideration of the need to implement the Duty.