Oireachtas Joint and Select Committees
Thursday, 10 March 2022
Select Committee on Housing, Planning and Local Government
Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed)
Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source
I received very clear advice from the Office of the Attorney General about this, which I understand has been shared. The Attorney General has advised that the application to the High Court for confirmation of sanctions is required in order to ensure the constitutionality of the regime as it makes clear that the registration body is not administering justice in contravention of Article 34 of the Constitution. Rather it is exercising a limited function in accordance with Article 37, which is consistent with the Supreme Court decision of Zalewski of last year. I, therefore, oppose the deletion of this section.
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