Oireachtas Joint and Select Committees
Tuesday, 27 June 2023
Select Committee on Education and Skills
Construction Safety Licensing Bill 2023: Committee Stage
Niall Collins (Limerick County, Fianna Fail)
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I move amendment No. 25:
In page 18, to delete lines 32 to 37, and in page 19, to delete lines 1 to 14 and substitute the following: “(7) For the purposes of subsection (8), a code of practice, including any amendments thereto, adopted and published in accordance with this section shall be admissible in evidence in proceedings under this Act in respect of an alleged contravention by a relevant person of a requirement imposed under this Act where at the time of the alleged contravention the code—(a) was in operation, and(8) Where it appears to the appeals committee or a court, as the case may be, in proceedings before it that—
(b) provided practical guidance to the relevant person concerned in relation to the matter which is the subject of that alleged contravention.(a) a provision of a code of practice, or(9) A document purporting to be a copy of, and to have been certified by an employee of the licensing authority, designated in that behalf by the licensing authority, to be a true copy of, a code of practice adopted and published in accordance with this section or an extract from such a code, shall, unless the contrary is proved, be admitted in evidence in any proceedings and be evidence of the matters specified therein without further proof.
(b) a failure to follow the guidance in a code of practice, is relevant to a question arising in such proceedings, the provision or failure, as the case may be, shall be taken into account in deciding the question.
(10) In this section, “relevant person” means a worker, a responsible person, a tutor or a licensee.”.