Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

The amendments proposed are not required having regard to what is already in the Bill. The Bill provides for the appointment of persons to the Pyrite Resolution Board, the appointment of appeals officers, the establishment of procedures for appeals to an appeals officer, the removal of a person from a board, the filling of a vacancy on the board and the circumstances under which these matters can occur. These matters will be subject to the approval of the Minister of the day, having regard to the relevant provisions in the Bill, and I will be accountable to the House. In addition, appeals officers are required to prepare reports on the performance of their functions, which shall be laid before each House of the Oireachtas.

Amendment No. 19 would have the effect of restricting the number of people who could be considered for this role and could have the unintended consequence of conflict of interest issues arising. Professionals on the building condition assessors register would most likely be involved in carrying out assessments under the scheme and could not also be involved in hearing appeals. The requirement in the scheme for the appeals officer to have an expertise or knowledge of fair procedures, structural or civil engineering and construction or damage caused by pyrite and knowledge of the pyrite scheme is considered to be adequate to undertake the process.

On Amendment No. 22, the disqualification of persons adjudicated bankrupt from statutory boards is a standard provision for reasons that are well known. Such persons may be susceptible to influence from their creditors and may not be considered independent in their functions.

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