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SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 08, 2023

QUESTION NO. 28

QUESTION: Councillor F. Timmons

To ask the Chief Executive For a report into how contracts for housing are awarded and what role the council plays in ensuring employers are employing Bricklayers legally - for example Bricklayers who are supposed to be employed by direct PAYE and not through self-employment?

REPLY:

Housing construction projects are procured in line with EU and National procurement rules and regulations.  Conditions for 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.

Enforcement of tax, social welfare and employment law are matters for the relevant State authorities, including the Workplace Relations Commission, the Department of Employment Affairs and Social Protection and the Revenue Commissioners.