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Departmental Contracts

Dáil Éireann Debate, Wednesday - 18 April 2012

Wednesday, 18 April 2012

Questions (413, 414, 415, 416)

Peadar Tóibín

Question:

415 Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the steps taken to ensure that any company in receipt of Government contracts are fully compliant with judgments of Labour Court, Employment Appeals Tribunal, Labour Relations Commission, Equality Tribunal, and National Employment Rights agencies. [19045/12]

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Peadar Tóibín

Question:

416 Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the number of procurement contracts awarded to companies with outstanding judgments from the Labour Court, Employment Appeals Tribunal, Labour Relations Commission, Equality Tribunal, and National Employment Rights agencies. [19046/12]

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Peadar Tóibín

Question:

417 Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the measures within the procurement guidelines that ensure that all companies tendering for Government procurement contracts are fully compliant with judgments of Labour Court, Employment Appeals Tribunal, Labour Relations Commission, Equality Tribunal, and National Employment Rights agencies. [19047/12]

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Written answers

I propose to take Questions Nos. 415 to 417, inclusive, together.

Compliance with the legislation covering employment and equality issues comes under the aegis of my colleague the Minister for Jobs, Enterprise and Innovation. Public procurement procedures require applicants to meet certain standards when applying for public contracts. The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts are set out in Regulation 53 of SI 329 of 2006European Communities (Award of Public Contracts) Regulations 2006 and Article 45 and Recitals (34) and (43) of 2004/18/EC, the EU Directive on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts. Before an applicant, in relation to certain breaches is excluded, the applicant may make a case and provide supporting evidence as to why it should not be excluded. The contracting authority must consider this evidence before deciding whether to exclude or include an applicant.

In qualifying for inclusion in tender competitions for public contracts, applicants must submit signed declarations stating that none of the circumstances outlined in Regulation 53 of SI 329 or Article 45 of 2004/18/EC apply.

Patrick Nulty

Question:

418 Deputy Patrick Nulty asked the Minister for Public Expenditure and Reform the number of State companies who have used overseas companies for printing work in the following years 2008, 2009, 2010 and 2011; if he is satisfied that this is an appropriate use of State resources; and if he will make a statement on the matter. [17673/12]

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An Post National Lottery Company is a commercial State body and day to day operational matters are a matter for the body concerned. There are no other State companies that come under the aegis of my Department.

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