Dáil Éireann Debate, Tuesday - 12 October 2021
329. Deputy Sean Sherlock asked the Minister for Social Protection if her Department has considered whether a legitimate expectation has been established in its contractual relationship with local employment services and job clubs; and the exposure the State could face from the cessation of these contracts. [49429/21]
View answerI understand that the Deputy is referring to a position being adopted by an interested party in regard to
the ongoing procurement process for employment services. It would be inappropriate to comment on
any expectation attributable to a third party or the legitimacy or otherwise of such a position.
My Department is at an advanced stage in its first phase of a two-phase procurement for regionally based employment services. The procurement has two key goals.
First, it will see a significant expansion across the State of employment services for those furthest from the labour market. The regional employment services will have a strong focus on local and community linkages and will help to address the post-covid19 employment challenge.
Second, the procurement process will help to place the services on a proper contractual footing. The existing services were first contracted for over 20 years ago and there has been no formal procurement process in the intervening years. This is not in compliance with standards of proper governance or best practice. I have previously made clear that legal advice from the Attorney General's Office and the Chief State Solicitor’s Office states that contracts for employment services should be procured in an open and competitive manner.
Therefore, any potential risk of exposure to the State would more likely arise from the continuation rather than the cessation of previous practices, which are not in accordance with the State's legal obligations under public procurement law.
