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

I move amendment No. 28:

In page 16, to delete lines 29 and 30 and substitute the following:

"8.—Section 12 of the Act of 1990 is amended—

(a) in subsection (1) by substituting "the building control authority concerned may apply to the High Court or the Circuit Court for an order" for "the building control authority concerned may apply to the High Court for an order",

(b) by inserting the following after subsection (1):".

The Bill, as published, provided that building control authorities could apply to the High Court in regard to certain enforcement matters. The Minister, Deputy Roche, promised Deputy Quinn on Committee Stage that he would give careful consideration to the latter's amendment to provide for the right of application by a building control authority under section 12 of the Building Control Act 1990 to the Circuit Court in addition to the High Court for an order for the removal, alteration or discontinuance of work, restricting or prohibiting the use of a building or the making safe of a building where there is a health and safety risk to the public arising from the works carried out.

Careful consideration was given to the amendment. I agree there is a merit in a building authority having the option to choose whether to go to the High Court or Circuit Court. Application to the Circuit Court would be less expensive for the authority. I am pleased to include this provision in the Bill.

Section 8 of the Bill was amended on Committee Stage to provide for an amendment to section 12 of the Building Control Act 1990 by providing for applications to the High Court by a building control authority where works have been commenced or completed without a fire safety certificate, disability access certificate or regularisation certificate, where such certificate is required, or where there has not been compliance with an enforcement notice, for an order restricting or prohibiting the use of the building until such certificates are granted.

See this speech in context