Finian McGrath (Dublin North Central, Independent)

I strongly support Deputy O'Dowd's amendment No. 33. There is a broader issue here in terms of the prevalence of legislation that is focused on the concerns of developers. I am strongly of the view that we must focus in our legislation on the needs of citizens, particularly those with disabilities. From my discussions with the Irish Wheelchair Association and the Disability Federation of Ireland, I am sure they would strongly support the proposal that fines of €800 should be increased to €25,000.

We must ensure the rights of people with disabilities are respected in all legislation. It is important to be people-focused rather than facilitating the concerns of developers. I urge the Minister of State to listen to the concerns of groups who will be affected by the provisions of the Bill. Amendment No. 33 adds teeth to the punitive regime for those who breach the buildings regulations.

In regard to enforcement, on average, only 17 cases of non-compliance with the buildings regulations are taken to court by the enforcement authorities on an annual basis. I understand the costs involved in pursuing cases of non-compliance are funded from the relevant control authority's annual budget. Many authorities are reluctant to pursue investigations where there is an uncertain cost element or a definite cost to themselves. Enforcement is more likely to be undertaken if it is self-financing and the costs can be recovered. To achieve a more positive and proactive policing of the building regulations by the enforcement authorities, the cost of investigating and following through with prosecutions should be paid by the person who is non-compliant. These are the issues raised by those who work in the disability sector. I urge the Minister of State to accept amendment No. 33 because this provision needs to be stronger.

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