COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 09, 2011

MOTION NO. 11

MOTION: Councillor D. Looney

That this Council reiterates its support for contractor compliance with Registered Employment Agreements and agreed standards of wages, health and safety and conditions. To this end, the Council requests a full report from the Manager on how issues of compliance are investigated and monitored both prior to and following the awarding of contracts.

REPORT:

The following rules apply to public procurement:

·         European Treaties

·         Directive 2004/17/EC (for utilities) which was transposed into Irish Law by SI 150 / 2007 

·         Directive 2004/18/ EC (for public sector) which was transposed into Irish law by SI 329 /2006

·         Department of Finance Guidance on Supplies and Services, Engineering Consultants and Construction Contracts

·         In-house procedures

·         Competition Law

·         Requirement for competitive Tendering and Value for Money.

There are a range of obligations relating to taxes, employment protection provisions and working conditions etc imposed by the European Communities (Award of Public Authorities' Contracts) Regulations 2006 (SI 329 /2006).

To ensure compliance, the Council, when proposing to award a public contract that involves carrying out works or supplying a service, carries out the following checks to ensure that the contractor: 

1.    Is a member of the “Construction Workers Pension Scheme” or equivalent

2.    Is tax compliant

3.    Has a current Public & Employers Liability Insurance Policy in place.

4.    Has experience to act as “Project Supervisor Construction Stage” under Health & Safety legislation and that they have insurance to cover carrying out this role.

5.    Has experience of the work to be undertaken and that references are checked to confirm that the contractor has carried out work to a satisfactory standard in the past.

6.    Has not been declared bankrupt.

7.    Has not failed to complete any other contracts.

8.    Can provide a Performance Bond to the value stated in the contract documents.

 South Dublin County Council is required by law to use one of the “Public Works Contract” suite of contracts for all works funded fully or partially by exchequer funding. Under the terms of this form of contract, following award of a “Works Contract” the following ongoing checks and procedures are undertaken:

1.    The contractor is required to submit with each application for payment to the Council a “Rates of Pay and Conditions of Employment Certificate” in accordance with the “Public Works Contract”. This Certificate confirms that contractor is observing the conditions of contract in regard to:

a.    Rates of pay and the conditions of employment (including in relation to pension contributions) of each work person to comply with all applicable statutory provisions, and those rates and conditions are no less favourable than those for the relevant category of work person in any employment agreements registered under the Industrial Relations Acts 1946 to 2004

b.    Payment of Wages Act 1991

c.     Payment of Pension Contributions

d.    Deductions from employees pay made and paid on, as required by law

e.    In relation to the employment of work persons on the Site, the Safety, Health and Welfare at Work Act, 2005 and all employment law including the Employment Equality Act 1998, the Industrial Relations Acts 1946 to 2004, the National Minimum Wage Act 2000, regulations, codes of practices, legally binding determinations of the Labour Court and registered employment agreements under those Laws have been observed.

2.    Site checks are undertaken to confirm that the contractor is complying with Safety, Health and Welfare at Work legislation. Also construction projects undertaken by contractors on public roads are controlled by the requirements of the Council's Roadmap system. 

3.    Ongoing checks are undertaken to ensure that the contractor’s insurance policies remain in force.  

In addition to the Council’s actions, all construction sites are open to inspection by the Health & Safety Authority.  The Authority undertakes approximately 16,000 inspections per annum, the aims of which are principally to ensure statutory compliance and address significant risks.