Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank the Deputy for raising this issue and for presenting such a poignant case in relation to Sophia and her family. As the matter stands, new buildings and extensions of material alterations to existing buildings must comply with the legal minimum performance standards set out in the building regulations of 1997 to 2019. In this context, the Building Regulations (Part M Amendment) Regulations 2010 and the accompanying Technical Guidance Document M - Access and Use 2010, which came into effect on 1 January 2012, set out the minimum statutory requirements a building must achieve in respect of access.

The requirements of Part M aim to ensure that regardless of aim, size or disability, new buildings other than dwellings are accessible and usable; extensions to existing buildings other than dwellings are, where practicable, accessible and usable; material alterations to existing buildings other than dwellings increase the accessibility and usability of existing buildings, where practicable; certain changes of use to existing buildings other than dwellings increase the accessibility and usability of existing buildings, where practicable; and new dwellings are visitable. Part M of the building regulations aims to foster an inclusive approach to the design and construction of the built environment. While Part M requirements may be regarded as a statutory minimum level of provision, the accompanying technical guidance encourages building owners and designers to regard the design philosophy of universal design and consider making additional provisions, where practicable and appropriate.

While the latest iteration of Part M of the building regulations initially coincided with the general downturn in economic and construction activity, its positive effects on access and use in the built environment can now be seen widely. The building regulations, including Part M requirements, are subject to ongoing review in the interests of safety and well-being of the persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological processes and innovation. Costs are examined in the context of proposed legislative changes, particularly in the building regulations, and a cost-benefit analysis and regulatory impact analysis are carried out on any proposed amendments.

The Minister and I will give full consideration to a review in respect of the provision for what is called changing places, commonly known as the changing places toilet, in certain buildings. This may involve an amendment to the requirements of Part M and the development of sufficiently detailed guidance for inclusion in the associated technical guidance document M to ensure proper practical implementation in certain new buildings and existing buildings undergoing works.

Separately, it is open to any person who feels discriminated against to refer a discrimination complaint to the equality tribunal under the Equal Status Acts 2000 to 2018 which prohibit discrimination on nine specific grounds, including that of disability. It should also be noted that requirements set out under the equality legislation are a matter for the Minister for Justice and Equality.

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