In response to the Deputy’s question, all security and contract cleaning companies that have obtained contracts from my Department and the bodies under its aegis have confirmed that they are paying the legal Employment Regulation Order (ERO) hourly rate to their employees. Please note that separate material is provided below in relation to the Office of Public Works.
The Office of Government Procurement has conducted a number of tender processes for security and cleaning services on my behalf. The standard terms and conditions of contract state that the contractor shall provide the services in accordance with good industry practice and comply with all applicable laws including but not limited to all obligations in the field of environmental, social and labour law that apply at the place where the services are provided, that have been established by EU law, national law, collective agreements and by international, environmental, social and labour law which would include the legal ERO hourly rate. In addition to this, a significant number of Requests for Tenders have specifically stipulated adherence with the legal ERO hourly rate as a requirement of the contract.
The Office of Public Works operates from over 135 locations around the country and it is a condition of every contract awarded by the OPW under public tender that the contractor is required to comply with relevant employment law. The companies that are contracted for security and cleaning services with the OPW have provided the information required in relation to compliance with the relevant ERO at the time of contract placement.
The Workplace Relations Commission, which falls within the remit of the Minister for Jobs, Enterprise and Innovation, is the body tasked with establishing compliance with employment law which this falls under. Any breaches of an Employment Regulation Order may be referred to the Workplace Relations Commission for appropriate action.
In terms of my Department and the bodies under its aegis, there were no breaches of the ERO since 1 October, 2015, so no contracts have been cancelled. I understand that one security company contracted by the Office of Public Works is involved in a group legal challenge to the application of ERO 2017.
