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

Before I refer to the note, I will address some of the points raised by the Deputies. It is the case that the Government wants a robust regulator. Deputy Cian O'Callaghan has pointed out some of the failings of the past, which there is no doubt have been substantial and have caused considerable hurt to people as well as financial cost to the Exchequer. It is for that reason that the legislation is being introduced. We want to have a well regulated industry in Ireland that is functional and able to meet the requirements under Housing for All, but also to ensure that we have a system in place that supports the industry as well. We all want the same thing here.

We also want a body that has expertise in construction and to set the precise standards that a builder should possess to be able to carry out work efficiently and to the very high standards that are now required both in construction and in terms of energy. There have been significant changes since some of the incidents the Deputy referenced.

I give assurances that the statutory body to be appointed will be independent. That is something that has perhaps sparked the two Opposition amendments. Deputy Cian O'Callaghan made a point about cleaning up the building industry. We all want to achieve what has been said about the robustness and independence of the body. The role of the NBCO is compliance with building regulations and not the competence of builders. That is something that needs to be pointed out as well.

I will specifically address amendment No. 5, tabled by Deputies Cian O'Callaghan, Ó Broin and Gould, and amendment No. 6, tabled by Deputies Ó Ríordáin and Nash. Section 8 provides that the Government may make an order appointing a body to perform the functions of the registration body. It sets out that the body can be a public body or otherwise, and it provides that the body must be capable of performing the functions conferred.

Amendment No. 5 seeks to provide that the National Building Control Office will be appointed as the registration body. Amendment No. 6 seeks to disqualify a trade union from being appointed as the registration body, as outlined by Deputy Nash. I must oppose both of these amendments.

The Attorney General's office has advised that the Bill should not name the body which is to be appointed as the registration body in the Bill. Where a body appointed is not performing the functions required, another entity may be appointed "to perform the functions of the registration body" under the Bill without any amendment being required to the primary legislation. It is envisaged that the Construction Industry Federation will be appointed as the registration body. The CIF is registered as a trade union. 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, RIAI, and the Society of Chartered Surveyors Ireland, SCSI, operate statutory registers for architects and surveyors.

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 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 in relation to 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 independent from the board and the registration body. The Bill allows the functions of the registration body to be transferred if the body is not performing its functions satisfactorily. In that regard, there is a robust mechanism there to ensure the independence of the body and the effective implementation of the legislation.

In that regard, I will oppose amendments Nos. 5 and 6.

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