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)

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

I agree that sanctions should be elsewhere. This is about whether we effectively punish the compliant people by making them carry the cost of the non-compliant. In a way, there is a bit of a shadow cast because the board may attach conditions as it sees fit.

This is what the section allows for. There is already the very fact that the person or entity has been removed from the register or been suspended, so there is a bit of a shadow cast. It is just that particular wording about not exceeding the fee specified under section 34(2)(g), which means that if the board wishes to recover the costs of removing them, putting them back and all the work that goes with it, this does not allow it recover the cost by setting a higher fee. Therefore, the costs are spread among all the compliant people and entities on the register. That is an injustice to those who are compliant.

I take the point absolutely that the main sanctions should be dealt with elsewhere but this is just about fairness with registration costs. There should be flexibility for the board to ensure those incurring the most costs through non-compliance must make a further contribution.

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