Outsourcing of Public Services

Dáil Éireann Debate, Tuesday - 26 March 2013

Tuesday, 26 March 2013

Questions (281)

Joanna Tuffy

Question:

281. Deputy Joanna Tuffy asked the Minister for Public Expenditure and Reform if he will provide an update on his policy with ensuring proper working conditions and hours of the employees of agencies to whom Government Departments contract out work, including in the catering, security and cleaning sector; and if he will make a statement on the matter. [14719/13]

Written answers

Minister for Public Expenditure and Reform

Employment law and its enforcement apply equally to public and private sector contracts. Consequently, it is not necessary for me as Minister for Public Expenditure and Reform to set out a separate policy for public sector contracts. My colleague Mr Richard Bruton, Minister for Jobs, Enterprise and Innovation has overall policy responsibility for employment rights. The National Employment Rights Authority (NERA) is responsible for enforcing minimum statutory employment rights and entitlements in the State and, in undertaking that role, carries out a range of functions including the provision of employment rights information and the inspection of employment related records. NERA operates a system of risk based inspections in sectors where there are identifiable risks. Inspections are also carried out in response to complaints received and routine inspections are undertaken as a control measure.

The Public Service Agreement 2010 – 2014 established a mechanism to monitor compliance with employment law, including REAs, in operations which are the subject of outsourcing. The Department of Public Expenditure and Reform notified each department on 22 December 2011 of these arrangements.

It is a condition of any contract entered into by a public authority with a private sector entity (other than for operations that may reasonably be considered as small scale) that the entity is required to provide access to certain information. This information should allow the authority to assess compliance with employment legislation, including relevant REAs, consistent with the requirements of EU and national law. Any sub-contractors employed are also required to adhere to these conditions.