Dáil Éireann Debate, Thursday - 20 February 2025
77. Deputy Ruth Coppinger asked the Minister for the Environment, Climate and Communications the minimum standards contractors engaged by his Department and its agencies are expected to comply with in terms of workers’ rights; and if he will make a statement on the matter. [6617/25]
View answerWhat are the minimum standards expected of the Minister's Department and the agencies connected to it in respect of workers' rights, union rights and the right to join a union? Government policy is now to outsource in relation to energy, waste and water. A number of union-busting companies, such as Veolia, are looking to get contracts with this State and other states. It is engaged right now in a strike in Sheffield in the UK. Workers are visiting Dublin today in relation to this.
I thank Deputy Coppinger for raising this important matter. My Department complies with public procurement guidelines for goods and services and relevant EU and national legal requirements and obligations. The aim of these European and national rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. Public procurement rules include provisions that require a tenderer to meet certain standards when applying for public contracts. Applicants are required to make declarations in relation to their financial and legal standing and in relation to payment of taxes and social contributions. Procurement regulations require tenderers to comply with applicable obligations in the fields of environmental, social and labour law. These obligations apply at the place where the works are carried out or where services are provided. They are established by EU and national law, collective agreements or by international, environmental, social, and labour law.
The Office of Government Procurement, in conjunction with the Office of the Attorney General and the Chief State Solicitor’s Office, provides guidance and a suite of procurement documentation to help contracting authorities to ensure that successful tenderers and subcontractors comply with all such applicable obligations. As part of the procurement process, my Department checks compliance with the tendering documentation, including all tenderer’s declarations and statements. Following contract award, contractors are required to ensure ongoing compliance with the contract provisions, including those relating to employment law. If required, the contractor must furnish information relating to the terms and conditions of the employment of all persons providing the services. Where the contractor fails to comply with their obligations under the contract and fails to remedy the situation, the contract can be terminated.
Veolia is a very large French multinational that specialises in extracting money from public services in various countries. In Sheffield and in the UK, 78 workers have been laid off for their right to join a trade union and to have their union, Unite, recognised by their employer. I am hoping this means we will have no such relationship with Veolia into the future, although this State has not had a good record of checking what companies do. We had the Gama situation, the anniversary of which is this year. We have had many others. All of the bin companies have had union recognition issues as well. I am asking the Minister of State to give a commitment regarding companies like Veolia, which are union-busting and will not recognise a major trade union like Unite, whose workers are having to go on strike for six months, an unbelievable sacrifice, to assert their rights. I think there will be a protest at 12 o'clock outside the Department of enterprise and of communications and energy in respect of this, to bring it to the Minister of State's attention.
I thank the Deputy. I am not fully familiar with the Veolia situation. The current approach is comprehensive, adequate and proportionate and aligns with the EU principles of openness, fairness and transparency. With all State contracts, each bidder in the procurement process must sign a statement confirming that if it is awarded any service contract, it will in the performance of that contract comply with all applicable obligations in the field of labour law and social and environmental law. That is really important. During the life cycle of the contract, the contract manager has the power to act in respect of breaches by contractors of employment or law obligations. That can lead to termination of the contract. There are severe consequences in place for those who do not comply with their legal obligations. We have national rules governing public procurement that must comply with EU requirements, as I said earlier. It is important also to note that employment law and its enforcement, both public and private, is a matter for the State authorities including the WRC and the Labour Court in conjunction with the Departments of enterprise and of social protection.
I am sure the Minister of State will join me in sending solidarity to those workers who are making a huge sacrifice for their jobs, pay and conditions, and in calling on Veolia to clean up its act and recognise the union. I hope this State will not have contracts with Veolia. It is important to put that on the Dáil record, so this does not happen in this State.
We have a really strong track record in respect of our Office of Government Procurement and contract obligations. I am not aware of the situation the Deputy has raised with the company in question. There is a cohort of mechanisms in place within the employment law framework here in Ireland in conjunction with the Labour Court and the WRC, and also within the Departments of enterprise and social protection. If there are any issues the Deputy would like to raise with me, I can take them off-line.
