Oireachtas Joint and Select Committees

Thursday, 24 October 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

Housing (Regulation of Approved Housing Bodies) Bill 2019: Discussion

Mr. Paul Lemass:

Ideally, there would be a process where, in common with all AHBs, there would be an assessment process provided for. If during the assessment process, an issue of compliance arises, there is a compliance plan and that is provided for. If there is non-compliance with that plan, there is a non-compliance step to escalate it. Ideally, it might only be in those circumstances where one would look at investigation. However, there may be an unforeseen circumstance where information comes to light at short notice and it becomes necessary to launch an investigation immediately. We have to rely on the good offices of the regulator to be proportionate and balanced in its use of the investigation instrument. This would have been the guidance we got from the Office of the Parliamentary Counsel on the use of language. That is what is behind all of that and the language that is used in section 47.

On section 48 and the intention to publish the interim report etc., this is drawn from the Charities Act 2009. The precedent is this is what was approved for the Charities Regulator and we want to be consistent with that where possible.

Deputy Ó Broin's other question was on CSO engagement. Yes, there has been an engagement and there will be follow-on engagement on the question of the reclassification. We have met the ICSH and will soon meet the Housing Alliance as well.

On the question of taking all of the regulator's appointments through PAS, that is the standard practice. The guidance that has been given from the Office of the Parliamentary Counsel is it is not necessary to put that in legislation. The intention is they be filled through PAS.

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