Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Members who contributed on the Regulation of Providers of Building Works Bill 2022. Once this legislation is enacted, all builders will be required to register with CIRI. Section 33 provides that an unregistered builder may not provide building works for anyone, be it for a State contract, a developer, or for an individual. The register is of competence. It is an essential consumer protection measure giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. It will be a critical step forward in addressing shadow-economic activity in the construction sector and ensure fairer competition for compliant and competent operators in the industry. This obligation will apply to entities or individuals who hold themselves out for consideration as a provider of building works that are subject to the building regulations. It does not include employees of such entities, but it includes sole traders. It does not apply to providers of electrical or gas works who are regulated separately. Applicants from other member states will be assessed on the same basis as Irish applicants.

I wish to reassure Members that entry on the register will be open to all builders, be they sole traders, partnerships or register companies, who demonstrate competence in construction at the appropriate level of registration. Competence can be demonstrated through qualifications, experience or a combination of both. While formal qualifications are an important component of any statutory registration process, it is recognised that many excellent builders do not hold such qualifications but can demonstrate extensive experience and expertise. Continuous professional development obligations will ensure that builders will continue to upskill throughout their careers.

The construction industry will require time to adopt these new requirements. The requirement to register will be introduced on a phased basis. The register will be divided into categories of building works. Builders can begin registering in 2023 and a statutory registration will commence in early 2024 for these first categories. It is proposed that the first categories that will be required to register with the home builders and builders of non-residential buildings, followed by the various trades. In advance of registration, committees of experts established by the board will consult with the various categories of the industry and other stakeholders. Very specific criteria will be established for each category of providers of building services. These will be set out in secondary legislation. This will ensure the criteria required for registration will be clear and transparent. Some applicants may find that they need to gain additional experience or, indeed, a qualification to achieve these criteria. It would not be fair or constitutional to remove a person's right to earn a livelihood without giving them the opportunity to gain additional competence.

It is preferable that a body with experience and expertise in the construction industry performs this function, similar to how the Royal Institute of the Architects of Ireland and the Society of Chartered Surveyors Ireland operate statutory registers for architects and surveyors. It is envisaged that the Construction Industry Federation, CIF, will be appointed as the registration body. There are a number of safeguards in place to ensure and maintain the independence of the registration body. The registration body will have delegated responsibility for the day-to-day maintenance of the register within the confines of the specific and limited parameters set out in the Bill.

The board of the registration body will be completely independent of the body. The independence of the registration body will be maintained through the following measures. All members of the admissions and registration board are ministerial appointments and there will always be a majority of ministerial nominees on the board. All powers of the registration body will be prescribed in legislation. All competency requirements for registration will be recommended by the board and prescribed by the Minister. The board will make decisions on all sanctions, including removal from the register. Removal from the register must be confirmed by the High Court. All prosecutions under the Act will be taken by the board or the director of public prosecutions. All members of the appeals committee will be appointed by the Minister and will be independent from the board and the registration body. The Bill allows functions of the registration body to be transferred if the body is not performing its function satisfactorily.

It is anticipated that Exchequer funding will be required for the first two years of operation. Once statutory registration is implemented, the income from fees will cover costs incurred. Registration fees can only be fixed at a level sufficient to fund the statutory register and will also require the consent of the Minister. My Department will ensure the registration body becomes self-financing as soon as possible in line with the oversight provisions set out in the Bill.

The Bill provides for complaints against registered builders to be made on a number of grounds, in particular, in relation to the competence of a builder or a builder providing services in a category in which they are not registered. The Bill provides for a range of both major and minor sanctions to be imposed after investigation, including removal from the register. This is a very serious sanction, which effectively removes that person's right to earn a living as a builder or from their particular trade. Upon conviction, an indictment fine of up to €500,000 or imprisonment can be imposed. The Bill also provides for an appeals process in relation to registration decisions and for complaints as to the activities or conduct of registered members.

Section 63 of the Bill does not prohibit the building control authorities from taking a prosecution against a builder who may have sanctions imposed on him or her under this Bill. I want to be very clear about the purpose of this Bill. It is essentially a register of competence. Failure to comply with building regulations or fire safety regulations will continue to be dealt with by the building control authorities.

With regard to construction products, Dublin City Council has been appointed as the competent authority for carrying out market surveillance functions under the European Union construction products regulations of 2013 for all related construction products nationwide. The National Building Control Office market surveillance unit has been established for this purpose and building control authorities will continue to liaise with this office to support compliance with the construction products brand and to continue appropriate action on enforcement matters as they arise.

This legislation is a key component of ongoing building control reform, which also includes amendments made to the building control regulations. This proposed statutory register will complement the reforms made through the Building Control (Amendment) Regulations 2014 and will contribute to the development of an enhanced culture of competence and compliance in the construction sector. The Department is committed to establishing an independent building standards regulator to strengthen the oversight role of the State with the aim of further reducing the risk of building failures and enhancing public confidence in construction-related activity.

With regard to building defects, the Minister, Deputy Darragh O'Brien, established a working group to examine defects in housing. This group is engaging with a wide range of interested parties, including homeowners, public representatives, local authorities, product manufacturers, building professionals and industry stakeholders, among others, to examine the issue of defects in housing and report to him on the matter. The Minister looks forward to receiving the report from the working group when it is concluded.

This legislation is committed to in Housing for All, the Government's national plan for housing for the period to 2030. It will support the delivery of quality housing. I thank all Members for their contributions on this very important debate. I will consider each of these contributions very carefully as the Bill progresses through the House.

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