Oireachtas Joint and Select Committees

Thursday, 26 October 2017

Joint Oireachtas Committee on Housing, Planning and Local Government

Pre-Legislative Scrutiny of the Draft General Scheme of the Building Control (Construction Industry Register Ireland) Bill 2017 (Resumed)

9:00 am

Mr. Tom Parlon:

I thank the joint committee for the opportunity to address this meeting to discuss the general scheme of the Building Control (Construction Industry Register of Ireland) Bill 2017. I am the director general of the Construction Industry Federation.

With me are Mr. Mel O'Reilly, chairman of the CIF's building regulations committee and member of the CIRI admissions and registration board, and Mr. Hubert Fitzpatrick, director of the CIF. Our President, Mr. Dominic Doheny, is in the Public Gallery with some other colleagues.

It is important to note at the outset that the CIF is a strong advocate for a statutory register for builders. The CIF, in liaison with the Department of Housing, Planning and Local Government, established the current CIRI register on a voluntary basis with the objective that it be placed on a statutory footing at the earliest possible date. The CIF has consistently put the case to Government of the need to have such a statutory register in operation in the construction industry. Such is the importance of protecting the consumer from any underqualified, unscrupulous, or incompetent operators that the CIF fully supports the commitment of the Minister for Housing, Planning and Local Government to put this register on a statutory footing.

The entire regulatory environment surrounding building control changed significantly when SI 9 of 2014, Building Control (Amendment) Regulations 2014, came into effect. The CIF gave its full support to the introduction of the statutory instrument and considered at that time that the remaining element of compliance to be addressed required the establishment of a formal registration process for builders wherein competence could be assessed by an independent admissions and registration board. In the absence of legislation, the CIF established, in partnership with the Department of Housing, Planning and Local Government, the voluntary registration system, CIRI, while ensuring that the integrity and independence of the admissions and registration scheme was fully supported and maintained. In excess of 800 large, medium and small builders and specialist contractors from all parts of the country are now on the voluntary register and have committed to continuing professional development and training requirements. The CIF views its role as being a partner with Government in protecting the end users of buildings and ensuring and regulating compliance with building regulations and standards of conduct within the industry. In the past, the good name and reputation of many professional and fully compliant builders, contractors and specialist contractors was tarnished by the acts of others who could classify themselves as builders and contractors without any independent assessment of their knowledge and experience within the complex industry we all now work in.

The CIF has invested heavily in its IT administrative platform to support the application and administrative processes surrounding the registration scheme and the online database for CIRI registered members. Further investment is now ongoing in the establishment of an online induction programme to be undertaken by prospective members of CIRI and for monitoring by the CIRI admissions and registration board of registered members' continuing professional development obligations pertaining to CIRI membership. A dedicated CPD office has also been established to assist members in meeting training and upskilling requirements. It is the view of the CIF executive council that a fully functional registration system is a key requirement for the future reputation of our industry. The council's view is that this system, modelled on that of other professional bodies such as RIAI, Engineers Ireland and the Society of Chartered Surveyors of Ireland, is the most effective way for the consumer to identify competent builders and for authorities to identify those who should not be operating in our industry. The CIF considers this system to be one of the last pieces of the jigsaw in providing a platform for the ongoing professionalisation of the entire construction industry. Builders represent the only segment of a vast network of construction-related enterprises that are without a registration scheme to enforce standards.

The general scheme of the building control (construction industry register Ireland) Bill 2017, as published, is very much in line with the governance documents and procedures established in the current voluntary register. The Minister's role in the draft legislation relating to the statutory CIRI register is welcome. Under the proposed legislation, the Minister will prescribe regulations determining categories of registered members and classes of work; prescribe levels of previous experience or educational qualifications required for entry to the register; prepare a code of conduct specifying standards of conduct and practices to be adhered to by registrants; appoint the chairmen of the CIRI admissions and registration board, and the CIRI appeals committee; nominate five members to the CIRI admissions and registration board having consulted with the Minister for Education and Skills, the Minister for Jobs, Enterprise and Innovation, and the Minister for Public Expenditure and Reform; nominate two members to the CIRI appeals committee; consent to the making of rules for CIRI; specifies offences; and consent to the scale of fees payable on registration.

The role of the CIRI admissions and registration board is clearly defined in the draft Bill. The board will decide on the eligibility of applicants for registration; make all decisions pertaining to registration of applicants; deals with all complaints concerning a registered member, pursuant to which it may cause an investigation to be carried out; appoint inspectors to carry out any investigation; publish sanctions as it sees fit; and provide policy and guidance materials as necessary to facilitate the registration process. The legislation proposes that the board shall have a quorum of six members, the majority of whom shall be members who were nominated by the Minister. The role of the CIF is clearly defined in the Bill to include preparation and publication of the CIRI annual report to include a financial statement to be certified by an auditor; and the appointment of five members of the CIRI admissions and registration board, two of whom must be registered construction professionals and non-members of CIRI.

The independence and integrity of the CIRI admissions and registration board is safeguarded under the legislation. The CIF assumes the risk and cost pertaining to operations and for any legal challenges that may arise from builders who fail in their registration applications or are removed from the register for elements of non-compliance with any registration requirements. Under the scheme of the Bill, as published, and as the current regime provides for, the CIF, while it is the registration body, has no influence whatsoever on the decision-making process of the CIRI admissions and registration board. This is fully endorsed by the CIF. In summary, the CIF fully supports the placing of CIRI on a statutory footing. This registration scheme has been a central objective for the federation in putting in place a credible system to protect consumers, occupiers, end users of buildings, and in turn the reputation of our construction industry.

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