Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Deputies for their amendments. I will address amendments Nos. 3 and 4. Section 8 of the Bill provides that the Government may make an order appointing a body to perform the functions of the registration body. It sets out that the body can be a public body or otherwise and it provides that the body must be capable of performing the functions conferred.

I must oppose amendment No. 3, which seeks to provide that the NBCO will be appointed as the registration body. The Office of the Attorney General has advised that the Bill should not name the body that is to be appointed as the registration body in the Bill. Where a body appointed is not performing the functions required, another entity may be appointed to perform the functions of the registration body under the Bill without any amendment being required to the primary legislation.

I must also oppose amendment No. 4, which seeks to only allow a public body to perform the functions of the registration body. It is preferable that a body with experience and expertise in the construction industry performs this function, similarly to how the Royal Institute of the Architects of Ireland, RIAI, and the Society of Chartered Surveyors Ireland, SCSI, operate statutory registers for architects and surveyors.

It is envisaged that the CIF will be appointed as the registration body. There are a number of safeguards in place to ensure and maintain the independence of the registration body. The registration body will have delegated responsibility for the day-to-day maintenance of the register within the confines of the specific and limited parameters set out in the Bill. The board of the registration body will be completely independent of the body in the performance of its functions. The independence of the registration body will be maintained through the following measures: all powers of the registration body will be prescribed in legislation; all competency requirements for registration will be recommended by the board and prescribed by the Minister; the board will make decisions in relation to all sanctions, including removal from the register; removal from the register must be confirmed by the High Court; all prosecutions under the Act will be taken by the board or the director of public prosecutions; all members of the appeals committee will be independent from the board and the registration body; and the Bill allows the functions of the registration body to be transferred if the body is not performing its functions satisfactorily.