COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 12, 2023

QUESTION NO.

QUESTION: Councillor D. Ó Brádaigh

To ask the manager and the CE to clearly set out in writing the measures now in place by South Dublin County Council, that compel all contractors of council housing / community centre and building projects to be legally compliant with industry best practice and provides for transparent equitable employment opportunities for locally qualified tradespeople.

REPLY:

The conditions of public works contracts place an obligation on the main contractor to ensure compliance with the relevant aspects of the law and to ensure that the works are executed and completed in a proper and workmanlike manner and using good practice.

The contractor is obliged to establish and implement quality assurance systems for itself and subcontractors; these systems are subject to monitoring, spot check and audit. 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. However the 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.

Whilst procurement is primarily focused on enabling the delivery of public services in a sustainable manner by ensuring value for money and broad access to public procurement opportunities for businesses, there are possibilities to deliver wider social and environmental aims through the inclusion of social considerations as requirements throughout the process, from setting the specifications and award criteria through to the management of the contract.

Examples of such social considerations include disability access; promoting social inclusion; employment and training opportunities for disadvantaged groups; or combating climate change. As with other aspects of public procurement, there are EU and national rules that determine what and how such considerations can successfully be incorporated.

The Council’s commitment to including social clauses is reflected in the Council’s Corporate Procurement Plan. To date, social employment clause provisions have been included in two library construction projects and two housing development projects as follows:
• North Clondalkin Library
• Castletymon Library
• Kilcarbery Housing Development
• Killinarden Housing Development

The social employment clauses contained similar provisions, as summarised below:
• A percentage of the aggregate number of person weeks to be carried out by individuals who were registered on a national unemployment register for a continuous period of at least 12 months immediately prior to their employment
• A percentage of the person weeks to be carried out by individuals employed under a registered scheme of apprenticeship or equivalent national training or educational work placement arrangement