Dáil debates

Tuesday, 25 November 2014

Other Questions

Ministerial Appointments

3:45 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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107. To ask the Minister for Jobs, Enterprise and Innovation when the selection and appointment of a panel of adjudicators to effect the dispute resolution aspects of the construction contracts Bill, and the development of a code of conduct for adjudicators of disputes, in consultation with stakeholders will be complete. [44360/14]

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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It is four years since the construction contracts Bill commenced its journey through the Oireachtas. When will the panel of adjudicators be selected and appointed and when will the code of conduct for the adjudicators of disputes be completed?

3:55 pm

Photo of Gerald NashGerald Nash (Louth, Labour)
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I thank the Deputy for the question. The Construction Contracts Act 2013 seeks to ensure prompt payment practices throughout the construction industry which, as we are all aware, has suffered markedly throughout the economic downturn. It is intended that the legislation will provide easier access to payment for contractors who have carried out work, thus ensuring that those contractors who have endured hard times do not see such problems exacerbated by the holding up of payment.

The commencement of the Act is dependent on a number of factors contained within the Act itself. These include the appointment of a chairperson and panel of adjudicators by the Minister, who must be highly qualified and suitable to ensure quality outcomes in disputes referred under the Act. It requires the drafting and publication of a code of practice for the conduct of adjudications, which will be binding on all adjudicators operating under the Act, not just those appointed to cases by the chair of the adjudication panel.

Work on these items and the required consultation with industry has been and is ongoing. My Department is working with the Public Appointments Service to develop the parameters for an open competition for those who may want to apply for a place on the panel of adjudicators, and a draft version of the code of practice has been prepared in consultation with industry which I hope will be finalised shortly.

It is expected that the Act will be implemented in full by spring 2015. A specific date of implementation for the Act and details of the various stages leading up to that implementation will be announced in advance once those details have been finalised to provide sufficient notice to those affected by the Act's provisions.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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Before the legislation was brought into play, there was a wide-ranging consultation process. This consultation process is ongoing after the legislation has been passed and I cannot understand the need for it. The Government knew what was involved in regard to the legislation but it appears no preparatory work has been done. It seems likely it will take the full length of time this Administration is in office to get very important subcontracting legislation through. My previous question was also about subcontracting. The subcontracting area is in crisis and it is a mess both for subcontractors and workers working in the area. I cannot understand, therefore, why it is taking the Government so long to implement this vital legislation.

Photo of Gerald NashGerald Nash (Louth, Labour)
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I recently took on responsibility for this legislation and to set up the infrastructure around it. The Department of Public Expenditure and Reform was responsible for it previously but it was no longer appropriate for that Department to be responsible for it. The Minister for Public Expenditure and Reform, Deputy Howlin, was particularly anxious that this process would be expedited and I actively sought responsibility for this legislation and its operation. I accept and understand what Deputy Tóibín has said. This is very important for the construction industry and it is something which the Construction Industry Federation has been seeking for some time, as have some subcontractors across that sector of the economy.

I assure the Deputy that there will not be any undue delay in regard to the appointment of those who need to be appointed because it is important we get this legislation operational very soon. I accept what the Deputy said that people have waited an excessively long time for this particular body to be up and running. I will not delay any further nor will I waste any time making sure it is up and running very shortly.