Results 2,381-2,400 of 8,073 for speaker:Peter Burke

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: Absolutely.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: Yes, subject to it being brought to the building control authority because it has to adjudicate on compliance with the building regulations. That is the key point I want to get through. The same is so if it is under the Planning Acts. Obviously, they have to adjudicate on that. They would have to make their determination on it.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: It has to go to the building control authority first. They are charged with making a determination under the building control regulations.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: Absolutely. For clarification, it has to go to the building control authority first.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I will not comment on a specific case.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I set out the process fairly well.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I do not want to comment on a specific case because I have not the information for it.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I hear the Deputy's point.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I will address amendment Nos. 38 and 39, as jointly tabled by Deputies Ó Broin and Gould. I must oppose these amendments. They seek to replace the requirement that the registrar is satisfied that a complaint is not made in good faith or is frivolous, vexatious or without substance or foundation, with a requirement that the registrar demonstrates this. These substitutions are deemed...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: As in section 44(3), the reasons for the decision would be set out in writing to the complainant. In section 44(2)(e), the process is very clearly set out, whereby the board must be satisfied with the opinion that a breach occurred. If a complaint is frivolous or there is a reason for the board not to uphold a complaint, it must set out the reasons clearly and provide them to the complainant.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: It is potentially following the making of inquiries by the registrar. It is within the scope of the legislation that the registrar would have to make a determination based on his or her inquiries.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: Yes, I do. The complaints procedure is set out well in section 44. Obviously, it is compliance with the Act that is the key part or threshold under which it has to hold any complainants. The board is independent to do that.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: Will the Deputy repeat that?

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I am advised that the grounds for complaints are set out in the Bill. If it is not in adherence with those, then the determination would have to be made. Reasons for that would have to be published and sent out to the individual.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I am advised that it has its natural meaning. It is commonly understood under it, but I will have to double check that and refer back to the Deputy.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I appreciate that.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: Yes, I can do that.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: I can do that. When I was looking at it earlier today, it occurred to me that there may be an issue with it. We will have a look at it and refer back to the committee.