Results 2,401-2,420 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: I will now address amendment No. 42. We must oppose this amendment, which seeks to provide that the inspector make a recommendation to the board on sanction. The role of the inspector is simply to decide whether improper conduct has occurred or is occurring. The board must also be satisfied that improper conduct has occurred in accordance with section 49. This section also provides 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: It is my view that the inspector has the particular skill set to adjudicate on whether improper conduct has occurred or not. Inspectors, through their experiences and skill sets, are able to determine whether a breach has occurred or not. However, I think the board's independence must be paramount in deciding what should happen within the broad range of sanction. The board must adjudicate...
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: That is in section 49, which refers to major and minor sanctions.
- 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 is outlined in section 49(2)(a), if the board thinks the circumstances of the case establish improper conduct, sanctions can be imposed.
- 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.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: We are not doing so explicitly. The board must make its own determination on that issue, once it is clearly in compliance with the scope of the Bill.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: The basis on which the board would make such a determination is outlined in section 54.
- 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 amendments Nos. 44 and 45, which have been tabled by the Deputy. These amendments seek to allow the board to impose fines as a sanction. We must oppose these amendments as the board cannot impose fines on a registered person. The ability to impose fines is provided for in section 60 of the Bill, under offences and penalties. I must, therefore, oppose amendments Nos. 44 and 45.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: Essentially, it has to be prosecuted.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: Does the Deputy want to send that on to us?
- 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 can for summary offences but for serious offences it must prosecute and go before the courts. Under the law, obviously, the prosecution must take place before the fine can be imposed. It has to be prosecuted.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: The board can take the prosecution but the courts will decide after 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: A serious fine will have to go to the courts, obviously.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: A prosecution has to be taken in order to impose a fine in the first instance.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: Section-----
- 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 a class A fine.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: A summary conviction of a class A fine. On indictment, of a fine not exceeding €500,000.
- 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 does not provide for any fines.
- 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 case. It is the gravity, when compared to the Residential Tenancies Board, in the context of someone earning a livelihood and potentially, their reputation. There is a higher threshold to be looked at in going for a prosecution, as opposed to making a fine. It is a more significant issue. We can look more into this and I can commit to having another look at it with the...
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: That is okay. If it is RGII, they are exempt, or anything that is already covered by the building control regulations.