COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 10, 2022

MOTION NO.2

MOTION: Councillor William Joseph Carey

That this council agrees that the Chief Executive should seek to put in place an agreement with the Trade Union Federation (BATU) for a system of employment compliance inspections on all construction sites whereby SDCC have contracted out works to building contractors. That the aim of which is to tackle the problem of bogus self-employment status on building sites initiated by SDCC.

REPORT:

This motion is seeking to have South Dublin County Council act in a role that is outside of its remit as the relevant enforcement bodies of this motion i.e. of tax, social welfare and employment law are the Workplace Relations Commission, the Department of Employment Affairs and Social Protection and the Revenue Commissioners. For this reason this motion as presented cannot be implemented by the executive. 

By way of providing information on public works contracts, the conditions of the public works contracts place an obligation on the main contractor to ensure compliance with the relevant aspects of the law governing payments to (and on behalf of) employees for all those employed on the construction site, this is not limited to their own employees but for all sub-contractors who provide labour to the site.  Contracting authorities are required to ensure that the ‘Rates of Pay and Conditions of Employment Certificate’ is received with each payment application and, in the event of non-compliance, to withhold payment until the matter is rectified.

The requirements regarding record keeping in the contracts are intended to assist enforcement bodies in gathering evidence in relation to non-compliance.  Where issues of non-compliance are discovered, contracting authorities should always report such matters to the relevant enforcement body since only they have the authority to bring prosecutions under the relevant legislation and to search and recover the appropriate evidence necessary to bring proceedings.