Dáil Éireann Debate, Wednesday - 9 July 2014
14. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform if he expects outside consultants appointed by the State to carry out work on its behalf to take account of the Government's official pay ceiling in remunerating employees engaged directly in work on State contracts; and if he will make a statement on the matter. [29680/14]
Amharc ar fhreagraThe conditions governing the appointment of consultants by the State are governed by national and EU rules in relation to public procurement. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.
Public procurement procedures require all applicants to meet certain standards when applying for public contracts. As part of the standard terms and conditions of a contract for service, the contractor is required to provide the services with good industry practice and comply with all applicable laws including employment legislation. The contractor is responsible for compliance with all the statutory requirements of an employer and is solely responsible in law for the employment, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of complying with the contract agreement. The contractual relationship is between the public body and the main contractor for the provision of services. The public body procuring services has no role in the employment relationship between a contractor, awarded a public contract, and their employees. Any conditions of employment are exclusively a matter between the two parties.
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.
