Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

I thank the Minister, Deputy Harris, for his opening remarks. I am pleased to have the opportunity to outline the development of the Bill and to present its main features.

The development of this Bill has been supported by engagement with the construction industry in Ireland, including the undertaking of a stakeholder consultation at the beginning of last year. It built on consultative work in 2017 and a resulting report, which recommended a move to a licensed model. The 2022 consultation process was incredibly beneficial to us in developing a licensing model that the industry would accept and approve of, given the importance of workers being able to deliver their skills in a safe way. I should also note that during this consultation process, partners highlighted the importance of the need for appropriate oversight and transparency in a licensing model.

The licensing model will impact the construction sector in a number of ways. The health and safety practices of construction workers will be transformed. Through this, it is my hope that workplace accidents, injuries and fatalities will be minimised. Giving those in the construction sector the chance to obtain occupational recognition under the licensing model will raise awareness of the scale of opportunities in the sector. Through regulating these activities, and further embedding health and safety considerations into training, the licensing model will assist in meeting the workforce requirements, skills and objectives outlined in a number of Government strategies, including Housing for All and the national development plan. Through widening the awareness of skills and occupations in the sector, there is also an opportunity to support increased female participation and further gender equality.

I will briefly outline the main provisions of the Bill, which I will discuss in terms of the key features of the new regulatory system. As the House has already heard mentioned by the Minister, Deputy Harris, a licensing authority will be established to oversee a licensing model for construction and quarrying workers and tutors. This is set out in section 9. The licensing model, set out in sections 24 to 38, inclusive, will be based on periodic assessment of competence, replacing the current lifetime accredited training model. The licensing model to be established will introduce skills-based assessment with no distinction on the basis of environment. It will, therefore, combine the current division into construction and quarrying activities.

The licensing authority also will oversee the statutory approval requirement for training organisations under sections 40 to 43, inclusive. Section 44 sets out that a register of licensed tutors and approved training organisations will be established and will be available online. Section 22 provides that the licensing authority will be the designated competent authority to recognise foreign qualifications from member states and third countries in respect of scheduled activities.

We are creating a number of offences, including fraudulently obtaining worker or tutor licences or approval as a training organisation. These are summarised in section 60. Under section 45, individuals will have the opportunity to make complaints based on fraud or non-compliance, and investigations can be conducted if the licensing authority sees fit to do so, as set out in section 46.

Sections 55 to 58, inclusive, provide for anyone affected by the process of an investigation to have the opportunity to make representations and appeal any decision made by an inspector or the licensing authority.

Section 9 provides that the licensing authority established under the Bill will be appointed by the Minister for Further and Higher Education, Research, Innovation and Science. The licensing authority will have a number of functions, as outlined in section 12, which include the granting, renewing and issuing of licences, suspending or revoking licences, inspecting licences of sole traders, appointing examiners for any licensing examination and acting as the competent authority for the purpose of recognition of professional qualifications from applicants in member states and third countries.

Training standards and continuous training are important contributions to occupational safety and health. This is recognised in sections 13 and 14, which enable the licensing authority to specify training requirements to be met for licence and approval applicants, and to provide for continuous training. As tutors and approved training organisations are the key training providers under this model, it is important that they have guidance in adhering to the specified training standards. Therefore, we are introducing a code of practice, outlined in detail in section 18, which will be prepared and adopted by the licensing authority. All licensed tutors and approved training organisations will need to commit to have regard to this code of practice. I have indicated throughout the legislative process for the Bill that it is very important that the health and safety training of our construction workforce moves in tandem with advancements in the sector. Section 23 provides that the list of scheduled activities, that is, those for which a licence will be required, can be amended to reflect developments in health and safety requirements, technical developments and other innovations relating to the activity.

The licensing model for workers and tutors and approval process for approved training organisations is outlined in detail in Part 5 of the Bill and I will now briefly summarise it. Sections 24 to 39, inclusive, outline the worker and tutor licensing model in detail, including the provisional worker licence, the full worker licence and the tutor licence. There will be a provisional worker licence for first-time worker licence applicants, which is provided for in sections 28 and 30 of the Bill. A provisional worker licence is for applicants who have successfully completed a new entrant programme and hold valid safety awareness cards. These are more commonly referred to as Safe Pass cards. Under section 28, a provisional worker licence will be valid for a two-year period from when it is issued and cannot be renewed. During this period, the provisional licenceholders must complete six months of certified monitored training, which will help to ensure that they can learn in a safe and controlled way. A person must hold a valid provisional worker licence in order to apply for an initial full worker licence. Section 29 allows that full worker licences will be valid for five years.

When applying for a worker licence under section 31, applicants must demonstrate that they have completed six months' certified monitored training, that they have successfully completed the final licence examination and that they hold a valid Safe Pass card. Each of these requirements is an essential component of ensuring that health and safety training is embedded in the licensing model. The tutor licensing model that we are establishing under the Bill will be very similar to the worker model. We will not be introducing a provisional tutor licence for the tutor licensing model, as applicants for tutor licences will be required to hold a valid worker licence on initial application. Under section 37, when applying for a tutor licence applicants must show evidence that they are compliant with the code of practice, which will provide practical guidance on the application of requirements under this Act.

Sections 32 and 38 both outline how a licensed worker or a licensed tutor can renew their licence within six months of the end of the licence's validity period. Workers must show that they hold a valid worker licence, have successfully completed the worker renewal programme and hold a valid safety awareness registration card. Tutors must similarly show that they hold a valid tutor licence and have successfully completed the tutor renewal programme, and must also declare that they are compliant with the code of practice.

Finally, as I indicated earlier, the licensing authority will also oversee the administration of approvals for training organisations. Section 40 sets out that approved training organisations are the only entities entitled to deliver the new entrant programmes for first-time licenceholders, final licence examinations for workers and renewal programmes for both workers and tutors. These training organisations can be made up of one or more licensed tutors.

Under section 42, renewal of approval can be made within three months of expiry of the current approval. A renewal application must include evidence and details of the licensed tutors who will be delivering training and proof that they are compliant with the code of practice and the Companies Act 2014.

The underlying rationale for all of these measures is to embed current best practice as regards training and practices in the activities of workers in the sector. In this way, the health and safety of workers is of paramount importance in this Bill and will be supported through training provision. Further reassurance is provided through the establishment, under section 44, of a register of licensees and approved training organisations.

Without doubt, it is necessary to ensure that any licence or approval holder is carrying out work or delivering training to a high standard. In section 45, we are introducing a procedure to make complaints against any licence or approval holder regarding fraud and, for licensed tutors and approved training organisations, non-compliance with the code of practice. The licensing authority will have the right to investigate any complaint and can appoint an inspector to carry out this investigation. Having the power to investigate suspected fraud and non-compliance is very important as both of these instances underline the importance of health and safety training in ensuring safety on-site.

Regarding licensed tutors and approved training organisations, we are allowing inspectors to request an improvement plan from the person or persons being investigated, under section 51. The purpose of this is to allow the licensed tutor or approved training organisation to remedy any issues the inspector identifies during their investigation. The inspector will also have the power to issue an improvement notice or, following that, a prohibition notice to the person if he or she still believes improper conduct is taking place. The full provisions for the improvement notice and prohibition notice are detailed in sections 52 and 53 of this Bill. This process will give licensed tutors and approved training organisations multiple opportunities to address any issues present, and they will also be given the opportunity to appeal any notice issued to them. However, as I have stated throughout this process, health and safety is at the centre of this Bill. Therefore, if a licensed tutor or approved training organisation does not adhere to the final prohibition notice, the inspector can recommend suspension or revocation of a licence or approval, or prosecution of the licensed tutor or approved training organisation.

In order to ensure the licensing model maintains a high standard of health and safety training, the Bill will also introduce a number of offences and provide for appropriate sentences if a person is found guilty of any of these offences. Under section 25, it will be an offence for a person to engage a worker to carry out an activity without ensuring the worker has a relevant licence. It will also be an offence for someone to not co-operate with an investigation, as provided for in section 49. Section 53 states that it is an offence for a person to not comply with a prohibition notice or to cause another person not to comply with such a notice. If a person is found guilty of any of these offences, they may be liable to a fine or imprisonment, and their licence or approval may be revoked. In addition, following consultations with colleagues in the Department of Housing, Local Government and Heritage, the licensing authority will notify the construction industry registration body if a person is guilty of an offence under this Bill. This will further ensure safe practices within the sector.

It is recognised that licence or approval holders may wish to make representations or formal appeals related to decisions made by the licensing authority or an inspector. Therefore, section 55 allows worker or tutor licence applicants who have not had their applications granted or renewed to make representations to the licensing authority. In addition, an appeals process will be established, meaning those who are not content with the response to their representation can appeal this decision within 14 days. We are also establishing a formal appeals committee under section 56, consisting of a chairperson and at least four ordinary members appointed by the Minister and independent of the licensing authority. Under section 57, a licensee or approved training organisation adversely affected by a decision of the licensing authority not to grant or renew their licence or approval can appeal the decision to the appeals committee. In addition to the appeals committee, section 58 sets out that anyone can appeal the decision of the committee to the District Court within 30 days of receipt and sanctions may be imposed as necessary. Collectively, these provisions add an important element of fairness to the licensing model.

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