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

The fines that apply under the building code are being substantially increased under the terms of this Bill, from €800 to €5,000 and from €10,000 to €25,000, for example. While the level of fines a court can impose is an important signal, it is probably better to ensure, through enforcement, that cases do not go to court.

The major deterrent under this Bill is the fact that a building cannot be occupied unless it has a fire safety certificate, disability access certificate or necessary revised certificates. This provision has serious economic implications for the developer or owner of a property because it means the building cannot have a beneficial economic use. The enforcement powers of the building control authorities will be strengthened under this Bill. They will be empowered to initiate all proceedings for offences under the building code by way of summary prosecution in the District Court. This should also act as a deterrent to those contemplating non-compliance with the regulations.

While I understand the motivation behind the Deputy's proposed increase in the penalties, I consider the current levels appropriate, especially when taken in conjunction with other provisions of the Bill.

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