Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 1:

To delete all words after “That” and substitute the following:“Dáil Éireann resolves that the Bill be deemed to be read a second time this day six months, to allow the Deputy to address shortcomings in the Bill including:

(a) further examination required as to whether the proposed establishment of an office of “Ombudsman for Management Companies” in the Property Services Regulatory Authority is the appropriate approach given existing legislation on Owners’ Management Companies contained in the Multi-Unit Developments Act 2011;

(b) clarification that, if an Ombudsman is to be appointed, the proposed Bill does not impose functions on the Property Services Regulatory Authority that conflict with its existing statutory functions;

(c) clarification that, if an Ombudsman is to be appointed, concerning the relationship between the “Ombudsman for Management Companies” and the Property Services Regulatory Authority, as well as the Chief Executive and staff of the Property Services Regulatory Authority;

(d) clarification, if an Ombudsman is to be appointed, of the manner in which the Ombudsman function is to be funded;

(e) concerns regarding the proposal that the Ombudsman, if appointed, should assist in reaching resolutions of disputes in multi-unit developments, which would appear to conflict with the existing dispute resolution mechanism in the Multi-Unit Developments Act 2011 and the provisions of the Mediation Act 2017;

(f) consideration, if an Ombudsman is to be appointed, that the role of the Ombudsman does not conflict with the statutory functions of other bodies such as the Office of the Director of Corporate Enforcement.”.

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