Dáil Éireann Debate, Thursday - 7 October 2021
87. Deputy Sean Sherlock asked the Minister for Social Protection the specific clauses her Department is quoting from under the EU directive in regard to the public tendering process for local employment services; and if her attention has been drawn to further advice contrary to this position. [48507/21]
View answerMy Department is now at an advanced stage in its first phase of a two-phase procurement of new employment services. This procurement process follows extensive consultations by my Department with the existing service providers over the last number of years. The Phase two procurement, to commence shortly, will see the Regional Employment Service model rolled out across the State. It will take on board the learnings of the first phase. This is a significant expansion of employment services and will result in State-wide coverage of employment services for those furthest from the labour market for the first time.I have previously made clear that legal advice from the Attorney General's Office obliges my Department to procure its employment services in an open and competitive manner in respect of EU and national procurement rules. The relevant EU directive is Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement. The entire Directive sets out the relevant public procurement obligations that must be considered in the whole, when considering the State's legal obligations for the public procurement of such services. I am aware that some stakeholders have sought and received advice from their own legal advisers. This is entirely a matter for them to consider and to decide on how they wish to proceed. My Department has been made aware of some of the matters raised by third-party legal advisers. The existing LES contracts are no longer consistent with current best practices and good governance requires significant changes to be made. The new model entails moving to multi-annual contracts with enhanced key performance indicators and a funding model that allows more autonomy and flexibility on how best to deliver enhanced services in the best interests of the client.
