Workers rights and union consultation will be protected under a new protocol governing the operations of the Office of Government Procurement, which was established to implement a single procurement approach among public service and non-commercial semi-state bodies.

The protocol, issued last week by the Labour Relations Commission after negotiations between unions and public service management, says the outsourcing provisions of the Croke Park and Haddington Road agreements must govern any outsourcing proposals or activity.

The Croke Park agreement requires management to consult with unions before any operation is outsourced. It also has to demonstrate a solid business case – which cannot be based solely on pay savings – before outsourcing can happen. If outsourcing does occur, it requires management to monitor contractors to ensure they are meeting legal protections of workers pay, working conditions and representation rights. Haddington Road reaffirmed these protections and added stronger compliance measures.

The protocol says: “Commissioning bodies will be instructed that any consideration of procurement to an outside body must be notified to the appropriate unions before any decisions are taken and in accordance with timelines to ensure that the process provided for within the Public Service Agreement (2010-2014) and the Haddington Road agreement are adhered to.” 

IMPACT official Robbie Ryan, who was part of the union negotiating team, said that unions had achieved their main goal of ensuring compliance with existing agreements. “The protocol very explicitly copper-fastens Croke Park and Haddington Road protections on outsourcing, which are the best available at this time. It also contains references to new European legislation in this area, which we believe will have a positive effect when enacted in Ireland,” he said.