Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I move amendment No. 30:

In page 36, lines 16 and 17, to delete “, within the last 10 years or since the establishment of the register whichever is the shorter period,”.

Amendments Nos. 30 to 32, inclusive, relate to the application for registration and the information that an applicant has to provide. I have two issues with the wording of the Bill as it stands. I am not satisfied with and want to hear the rationale for the ten-year cut-off point.

I am doubly unsatisfied with the wording, "or since the establishment of the register, whichever is the shorter period". In terms of the establishment of the register, the Minister of State might clarify if we are talking about the establishment of the statutory register as provided for in this Bill and that, therefore, a person applying for registration with the board has to provide only information about any conviction in the State. It is worth pointing out that these are not general convictions but convictions specified in the Bill in regard to building controls, building regulations and fire safety, which are particularly relevant in the context of whether someone is suitable to be on the register. As I said, these people have only to provide the information. The fact that they have these convictions, which are potentially very serious convictions, does not mean they are barred from going on the register.

My reading of the current wording is that as this provision will apply only since the establishment of the register, a person with serious convictions that are highly relevant to building control and fire safety but which date from two years ago will not have to provide that information with an application for registration. Ten years after the establishment of the register on a statutory basis, the person will have a ten-year window to do that. I understand the idea of cut-off points but this is highly relevant information. Bearing in mind that as convictions under the Building Control Acts are very rare, it is highly relevant information. If there have been convictions under these Acts, I do not see why there would be any time cut-off. If the Minister of State is strongly of the view that it needs to be ten years, it should, at least, be ten years and not "or since the establishment of the register" given that will mean from day one a zero time period.

As I said, there have been very few convictions under these Acts in any event. I would welcome an indication of the Minister of State's view on this.