Dáil Éireann Debate, Tuesday - 27 January 2015
230. Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will provide in tabular form the number of instances where a Department or agency has enforced the contractual remedy of non-payment or deduction of sums that were legally due to employees arising from non-compliance of the requirement set out in clause 5.3 of public works contracts; and the total amount withheld for the years 2011 to 2014, inclusive. [3704/15]
Amharc ar fhreagraThe information being sought by the Deputy is not collated by my Department. Clause 5.3 'Pay and Conditions of Employment' of the public works contracts contains provisions which apply to all workers engaged on the site. Clause 5.3.6 makes specific provision where the Contractor has not complied with Clause 5.3, that the Employer shall be entitled to estimate the amount that should have been paid to workers and contributions that should have been made on their behalf, and the Employer may deduct the estimated amount from any payment due to the Contractor, until the Employer is satisfied that all proper amounts have been paid.
The management of the tendering process for a public contract and the administration of the contract once awarded is a matter for each contracting authority. The data sought by the Deputy is held only by the contracting authority concerned.
