This article is from page 3 of the 2005-11-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 3 JPG
CLARE County Council has been warned that policing rates of pay or conditions of employment on the new Ennis bypass, is not its role.
This was one of a raft of cau- tions from County Solicitor, Michael Houlihan to members in a “secret” document circulated at the local authority’s May meet- neta
The contents of the document have until now been confidential, because of a vote by councillors that the press be excluded from the meeting. But, The Clare Peo- ple can now reveal those contents, despite Mr Houlihan warning that the information is legally privi- leged.
In his letter, Mr Houlihan warned the council, “You know how important the Ennis bypass is to the council and the region. We must do nothing that endan- gers the contract.
‘There are statutory authorities charged with policing rates of pay and conditions of all employees. It would be foolhardy for the coun- cil to jeopardise its relationship with the contractor at this vital stage of the development.
‘The council is not a competent authority to police rates of pay or terms and conditions of employ- ment, and should be careful not to assume this role either now or in the future.”
Mr Houlihan continued, “There is nothing to prevent GAMA from contracting with its employees for the payment of wages in a manner different to our standard practice, provided the wages are not lower than those established for the in- dustry where the work is carried out.”
Mr Houlihan warned of serious potential consequences, in terms of cost, of a breach in the con- tractual relationship between the council and contractor.
“Alternatively, this may trigger a potential action from a disap- pointed tenderer who may take the view that GAMA may have an unfair advantage, and this may expose the council unwittingly to a claim for damages of a very se- rious nature,’ he wrote.
“T deem it vital that there is no publicity emanating from man- agement or members of the coun- cil which could interfere with the contractual relationships that cur- rently exist.
“IT emphasise that this advise is given not to inhibit or muzzle the comments that you choose to make, but merely to preserve the legal status of both the council and contractor and its existing re- lationship in the light of the cur- rent difficulties.
“T would also like to empha- sise my personal concern that all workers employed in contracts with the council are properly treated.”