Oireachtas Joint and Select Committees

Thursday, 5 July 2018

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Contractual Arrangements for Public Sector Infrastructural Projects: Discussion

9:30 am

Mr. John Hennebry:

We would very strongly challenge that, as I pointed out In my opening statement. We do not believe there could be such a process if we build a legal case from the manufacturers, installers and so on. We do not believe that anybody else can certify our works in Ireland because of the building control amendment regulations, BCAR, system and the precedent that exists. Maybe it would be possible to some extent in the UK but not in Ireland. It has never been tested as far as I am aware but there are historical reasons for the system that is in place. We do not believe anyone else can certify and we would be willing to challenge any such decision.

On the retraction of the certifications that are in Wexford - the Deputy's question was specific to Wexford - again it is on completion and the contract is not complete until somebody has paid. I think we have legal grounds to retract that certification. If the school opens, the group in Wexford has talked about handing out leaflets. It is very strong on that. If that does not get anywhere and the National Development Finance Agency, NDFA, ignores us, we may use pickets. We would contact the parents' associations and ask them to understand our position and not to cross the picket line. That would create a problem for the NDFA and the finance committee.

I have mentioned the legal challenge. Ms Walsh rightly referred to the removal of her products. Who will stop her from entering a public building and removing her products, as she is legally entitled to do?

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