Oireachtas Joint and Select Committees
Wednesday, 15 May 2013
Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform
Construction Contracts Bill 2010: Committee Stage
2:20 pm
Liam Twomey (Wexford, Fine Gael) | Oireachtas source
Will the Minister of State examine the issue of retention of title? I remember a case from 30 years ago involving a group of pig farmers who sold pigs to a factory which went into liquidation. Initially they were told by the liquidators that because the pigs had been processed into bacon they were no longer entitled to payment, but they identified the sides of bacon in the factory and the High Court stated they retained title even though a side of bacon is not a pig. By the same token, the Irish Concrete Federation argues that when concrete and steel are set the concrete is no longer concrete as it was sold, but the elements are still identifiable as concrete and steel. Following a retention of title court case from 30 years ago, which was decided by Ms Justice McGuinness, concrete and steel are identifiable even though they have changed. Has the Minister of State considered this as a solution to this issue? A simple contract could allow the concrete company to retain title in a very simple manner. Perhaps we could consider this.
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