Mr. Michael Layde:

Deputy Catherine Murphy commented on the building control system. We must consider the regulations themselves and also the issues of enforcement and the capacity of the local government system. The Minister is on the point of introducing the new regulatory framework. This is a recognition that there are inadequacies in the current framework and a need for a more robust system. I note the Deputy welcomed the proposals to make explicit the requirement for compliance by those involved in the delivery of buildings at various stages where there is an absolute and clear legal accountability. For that reason, the regulations will represent a step change in the approach to building standards and building control.

It is valid to query how one turns the new legislative framework into practice and the capacity and legal recourse of local authorities. The Department's engagement with local authorities in their role as building control authorities is about ramping up the capacity of the local authorities as the enforcement authorities. They will be working on a regional basis which is in line with the overall approach to reform of the local government system.

Of course, there are staffing difficulties, as the Deputy mentioned, given the prevailing public expenditure circumstances. It is a question of organising and deploying the resources available to the Department and to the local authorities to best effect. We are, and will be, working closely with the County and City Managers' Association to ensure the enforcement system is as fit for purpose as we believe the regulatory system will be.

It will be an ICT-based electronic system. It will be possible to monitor and track the progress of individual developments in a way it has not been in the past. There will, potentially, be the capacity to share information more quickly and more widely between the various regions, for enforcement and to identify people who are, as the Deputy put it, recurrent offenders.

The sanctions are considerable, including periods of imprisonment when cases are taken on indictment. The courts are independent in the exercise of their functions but it is important that the local authorities, as enforcement authorities, are proactive in taking cases forward and, where possible, because it is a complex process, taking appropriate cases forward on indictment, with the consequent higher penalties that arise in that case. The Department will continue to work with local authorities to ensure the new system is properly and completely enforced.