Oireachtas Joint and Select Committees

Tuesday, 26 May 2015

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Construction Contracts Act 2013: Chairman Designate of Panel of Adjudicators

1:30 pm

Professor Nael Bunni:

Yes, I have some views on that. The technical press has been full of comments in the past two or three years about certain issues which have to be ironed out, but all of these can, I believe, be easily and successfully ironed out by the courts. There is one aspect on which I have been commenting for many years - in fact, from the time the legislation was first thought about. This is that there ought to be a court system or a particular judge designated for adjudication. Various matters which have been questioned in the technical press, or by myself, could easily be ironed out by such a judge. In Ireland we are blessed with a very high calibre of judge, and any of the judges working at the moment could handle this particular aspect of the legislation. The first real-life case to go to enforcement will bring in at least one of these issues and, depending on how it is resolved, it has the capacity to make this piece of legislation a very successful one.

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