Batt O'Keeffe (Cork South Central, Fianna Fail)

Deputy Cuffe's amendment refers to section 4(c) and this subsection provides for the prohibition of the opening, operation or occupation of a building that has not got a fire safety certificate, a disability access certificate, a revised certificate of either kind or a regularisation certificate if required or where any of the certificates are the subject of an appeal to An Bord Pleanála that has yet to be determined. Deputy Cuffe's amendment substitutes "and" for "or" so that the section would read "which has not a fire safety certificate and disability access certificate".

Deputy Cuffe requested clarification on Committee Stage as to whether the use of the word "or" could be defined as meaning "and" in this subsection. I have sought clarification on this from the Parliamentary Counsel and am advised that in this instance the word could mean either "or" or "and" or both as required in the circumstances. I hope Deputy Gormley can accept that this amendment is unnecessary.

Deputy Quinn's amendment would require local building control authorities to inspect all completed buildings and certify that they comply with parts A to M of the building regulations. Local building control authorities simply do not have the manpower resources to operate such a system. The primary onus for ensuring compliance with building regulations should rest on the designers, builders and owners of buildings. This is why I favour a close look at the recommendations for the introduction of a system of self certification by designers and builders as suggested in a working party report by the main building professionals' organisations. I have already committed to examining the feasibility of such a system once the building control Bill is enacted. I regret that I cannot accept this amendment in the circumstances.

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