Paddy McHugh (Galway East, Independent)

I welcome the publication of the Building Control Bill 2005 and its main provisions. I have serious reservations about the ability of the building control authorities throughout the country to police their new powers properly and impartially. Local authorities are not in a position to deal with the obligations which are placed on them at present. We impose new duties on local authorities from time to time even though they do not have the relevant personnel to carry out such duties. The problem under discussion did not begin during the term of office of the current Minister, Deputy Roche, but he is facilitating its continuance. There is no point in the House passing legislation when its Members know the necessary personnel are not in place to implement its provisions. The only purpose served by passing legislation in this way is to make Ministers feel better. They point to the many Bills they have introduced to deal with problems affecting communities or parties, but they bury their heads in the sand when the time comes to put in place the personnel needed to implement such legislation. An example of this farcical situation is the ongoing controversy relating to the failure of local authorities to take charge of unfinished housing estates. The Minister has told the House about the provisions he has introduced to deal with such problems, but he is merrily ignoring the fact that local authorities do not have the resources to implement such provisions.

As I speak about the specific measures in this Bill, I implore the Minister to ensure that local authorities have the personnel they need to carry out the additional work they are charged with doing. The section of the Bill that revises the procedures for issuing fire safety certificates is unclear. Further clarification is required in this regard before judgment is issued. I heard my right honourable friend, Deputy O'Dowd, speaking about the issue of retrospective certification, which cannot work. I welcome the introduction of a disability access certificate, confirming the designs of new non-domestic buildings and apartment blocks which will comply with Part M of the building regulations. I have severe reservations about the process of seeking High Court injunctions to stop the construction of new buildings if their designs have not been granted disability access or fire safety certificates, or if an enforcement notice that has been served by the local authority has not been complied with. I am sure there must be a simpler way of dealing with such problems. I am familiar with the level of preparatory work that is needed when one is involved in a court case. Local authorities do not have the personnel they need if they are to take part in that process in an effective manner.

I welcome the section of the Bill that provides for the registration of the titles of "architect" and "quantity surveyor". Discussions about such registration have been ongoing for a number of years. I cannot understand why success has not been achieved in this regard before now, although it is better late than never. The registration of those titles is a welcome development because it will give a greater degree of protection to the general public. I welcome the transposition into Irish law of the provisions of the EU energy performance of buildings directive, which will necessitate considerable reductions in the amount of energy consumed. The requirements in this regard will come into effect in January 2007, which is welcome. The proposal in the Bill that the design of large — over 1,000 sq. m. — new non-domestic buildings should take account of the economic and technical feasibility of using energy systems needs to be fleshed out. This provision will be the subject of extensive discussion on Committee Stage.

See this speech in context