Oireachtas Joint and Select Committees

Tuesday, 1 December 2020

Joint Oireachtas Committee on Housing, Planning and Local Government

Construction Defects: Discussion with Construction Defects Alliance

Photo of Steven MatthewsSteven Matthews (Wicklow, Green Party) | Oireachtas source

We are here to discuss construction defects. We are joined in person by Ms Kath Cottier, chair of the Construction Defects Alliance. We are joined remotely by Ms Deirdre Ní Fhloinn, barrister-at-law, Mr. Stephen Scott, building surveyor, and Mr. Des McCabe, director of the Apartment Owners' Network. Our other remote witnesses are Ms Ciara Holland, Mr. Barry Mulhern and Mr. Dónal Nugent, Construction Defects Alliance.

Members have been circulated with the opening statements as well as briefing material received from Mr. Scott and the report of the previous committee, entitled Safe as Houses? A Report on Building Standards, Building Controls & Consumer Protection.

The witnesses are all very welcome. I will first ask Ms Cottier to make her opening statement and then ask Ms Ní Fhloinn for her contribution. Members will then be invited to address their questions and we will try and keep it to five minutes as usual. For the information of witnesses, our five-minute slot is for the question and the answer. If we stick to that, we can generally get round the room two, maybe three, times.

Witnesses attending the committee room are protected by absolute privilege in respect of the presentations they make to the committee. This means that they have an absolute defence against any defamation action for anything they say at the meeting. However, they are expected not to abuse this privilege and it is my duty as Chair to ensure this privilege is not abused. If witnesses' statements are potentially defamatory in relation to an identifiable person or entity, therefore, they will be directed to discontinue their remarks. It is imperative that witnesses comply with any such direction.

For witnesses and members attending remotely, there are some limitations to parliamentary privilege and as such they may not benefit from the same level of immunity from legal proceedings as a person who is physically present. They are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person, persons, or entity by name or in such a way as to make him, her or it identifiable. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against persons outside the House or an official either by name or in such a way as to make him or her identifiable.

The opening statements submitted to the committee will be published on the committee website following the meeting. I invite Ms Cottier to make her opening statement.

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