Dick Roche (Wicklow, Fianna Fail)

These amendments provide for the recoupment by the local building control authorities of costs incurred in the taking of enforcement measures when there have been breaches of the building code. We all accept that it is wrong that the taxpayer should bear the cost of a person's misbehaviour, whether it relates to dumping, building or other offences. The person who offends should carry the cost of his or her misbehaviour. This legislation will take effect where there have been enforcement measures.

The amendments arose from the debate in the Dáil on Report Stage and my colleague, the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Batt O'Keeffe, accepted them in principle and promised they would be given further consideration with appropriate text provided. I proposed a suitable text on Committee Stage in the Seanad which I consider faithfully reflects the debate in this House heard by the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy O'Keeffe. I salute the fact that the Irish Wheelchair Association and the Disability Federation of Ireland requested these matters be included and am happy to be in a position to propose them for inclusion in the Bill. Like most people in the House I feel that access to buildings is of critical importance as all citizens deserve equality of access.

Amendments Nos. 3, 4, 6 and 8 provide for amendments to sections 8 and 10 of the Bill to provide for the recoupment by building control authorities of any costs or expenses reasonably incurred by the authority in respect of taking enforcement proceedings. This also applies also when the application is made under section 9 of the 1990 Act to the District Court by a person seeking the annulment, modification or alteration of an enforcement notice served. Additionally, it applies to costs incurred by the authorities in making applications to the Circuit Court or High Court under section 12 of the 1990 Act for an order for the removal, alteration or discontinuation of works or the making safe of any building or to prohibit or restrict the use of any building until a fire certificate, disability access certificate or regularisation certificate has been granted.

It is important to point out that costs may include a variety of things including the investigation and detection of matters, the issuing of warnings prior to the service of the notice, remuneration and other expenses relating to employees, consultants and advisers involved in the process. The cost may be recouped by a simple contract debt in any court of competent jurisdiction. This is a significant move forward that I commend to the House.

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