Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

I am not going to dispute any of the comments that Deputy Corcoran Kennedy has made. This matter has been raised not only by Deputies on this side of the House but by Deputies on the other side of the House as well. I note the attendance of the former Minister for Public Expenditure and Reform, Deputy Howlin. He was the Minister responsible for navigating the Construction Contracts Bill through the Dáil and Seanad.

Unfortunately, there is a limited culture in the construction industry that is not really acceptable. A remedy was introduced that was welcomed by all. It was understood that it would help to alleviate some of the problems. I experienced these problems in my constituency. A national school was held up for months, if not years, by such carry-on. To be honest, it is a cultural issue that needs addressing on several fronts.

I referenced that the Department of Business, Enterprise and Innovation has ultimate responsibility for the implementation of the Act as it stands. I am not passing the buck because this matter has been drawn to the attention of the Department of Public Expenditure and Reform on several occasions recently. There is a discussion group in the Department in the area of construction. We have to be mindful of the fact that existing laws and legislation cover contract law and they have to be examined as well. The contract does not exist between the awarding authority, whether the Department of Education and Skills, the education and training board or the board of management, and the subcontractor. The subcontractors contract with the contractor. Unfortunately, the Department, Government, education and training board or board of management do not and cannot manage that relationship.

This is not an issue we are trying to run away from. In fact, the previous Fine Gael and Labour Party coalition Government introduced the legislation as a remedy. Remedies are available. I understand the reason that people may be reluctant to exercise them. Deputy Corcoran Kennedy has raised a specific case with me and I will ask the unit within the Department that deals specifically with this matter to look at it.

Unfortunately, I do not have anything positive to say in respect of the matters tied up and to which Deputy Corcoran Kennedy has referred. Certainly, that applies to matters that have been dealt with. Deputy Corcoran Kennedy made a point, however, that we need to try to protect people in future, and I concur with that. What that remedy is and what Department will address it is something we will have to work out, if we can work it out.

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