COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 14, 2022

QUESTION NO. 33

QUESTION: Councillor Derren Ó Brádaigh

To ask the Chief Executive if he will set out the current Council policy and practice regarding human rights compliance in procurement (including divestment if required due to human rights violations).

REPLY:

South Dublin County Council’s Public Sector Equality and Human Rights Duty Framework was put in place in 2022.  Under the Public Sector Equality and Human Rights Duty, public bodies are required to take the following steps:

• Assess: undertake an evidence based and participative assessment of equality and human rights issues that face the identified group and have a relevance for the functions of the public body.
• Address: identify and implement actions in place or proposed to be put in place by the public body to address the equality and human rights issues as assessed, as part of its strategic planning cycle.
• Report: report annually on progress made in implementing the Duty and addressing the equality and human rights issues as assessed.

One of the Objectives under SDCCs Public Sector Equality and Human Rights Duty Framework is

• Inclusion of equality and human rights requirements in procurement processes, grant making processes, outsourcing agreements and service level agreements to ensure relevant issues identified are addressed. Establish appropriate templates to ensure they are addressed through these processes.

The Corporate Procurement Plan 2021-2023 includes a specific action regarding procurement specifications in light of the Council’s Public Sector Equality and Human Rights Duty:

• 4.7.2 In keeping with the Human Rights and Equality Framework our procurements will include products and services that are underpinned by universal design and equality. 

South Dublin County Council has a suite of procurement templates which have built in declarations and standard contractual clauses in line with applicable legislation.

Tenderers who do not meet certain requirements may be excluded from participation in the tender process. The exclusion criteria may be assessed as a declaration of bona fides or by using the ESPD (European Single Procurement Document).  Regulation 57 (1) of S.I. No. 284 of 2016, the European Union (Award of Public Authority Contracts) Regulations 2016 details the reasons for exclusions; these include participation in a criminal organisation, terrorist offences, and child labour and other forms of trafficking in human beings. 

As per Regulation (4) (a) of S.I. No. 284 of 2016, the European Union (Award of Public Authority Contracts) Regulations 2016 in the performance of a public contract, an economic operator shall comply with applicable obligations in the fields of environmental, social and labour law that apply at the place where the works are carried out or the services provided that have been established by European Union law, national law, collective agreements or by international, environmental, social and labour law listed in Schedule 7 of the S.I..

Should any human rights violations by the economic operator arise after a contract has been put in place the measures as outlined in the contract would apply. Any reports of human rights violations would need to be investigated and depending on the outcome of the investigation this may result in the  termination of the contract. Likewise, if an economic operator provides inaccurate or misleading information in the declarations this may lead to them being excluded from participation in future tenders and/or the termination of a contract.