Dáil Éireann Debate, Wednesday - 16 January 2013
354. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform his views on whether employers who have outstanding Labour Court decisions against them should be eligible for Government procurement contracts. [57830/12]
View answer367. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the number of recipients of Government contracts that are not in compliance with Labour Court judgements. [57826/12]
View answer369. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the steps taken to ensure that all contractors and suppliers to Government procurement contracts are fully compliant with Labour Court judgements and employee rights legislation. [57828/12]
View answerI propose to take Questions Nos. 354, 367 and 369 together.
In relation to the general issue of employment law and its enforcement, these are matters for my colleague Mr. Richard Bruton, T. D. Minister for Jobs, Enterprise and Innovation and the National Employment Rights Authority (NERA) respectively.
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 2006 European 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. Where a contracting authority is aware of a judgement by the Labour Court against an applicant in a public procurement process they may exclude that applicant. However before that applicant 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.
