Results 2,541-2,560 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 (3 Mar 2022)

Peter Burke: Amendment No. 14 proposes including the phrase “accessing the National Training Fund for upskilling construction sector workforce” in the provision. Our view is that it is not to be included in the code of practice. We will, however, provide an update to Deputy Ó Broin in the form of a note on the work that is ongoing with the Department of Further and Higher Education,...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: My officials are happy that section 39 also captures continuous professional development to ensure that people of relevant competence are included on the register and that they continue to be familiar with regulations through continuous professional development. The officials are of the view that this is not the appropriate place considering what is in section 28 and also section 39 in...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I am advised it is intended that would be captured through regulations.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I agree with the policy intention of amendment No. 17. It is appropriate that an inspector would operate independently while performing these functions and that they have the experience and competence to perform these functions. However, I wish to review the proposed wording in further detail and, following input from our legal drafters, we will bring forward a revised amendment that will...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: They will be carrying out investigations of the members to ensure the due diligence is correct in terms of their upskilling, the continuous professional development courses that they have attended and all of that type of metrics to ensure they are competent and that, as a collective group, they are improving.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I will come back on that.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: To confirm, there will be ten people on the board, that is, five and five. Given the complex nature of the work that will be carried out here, the chair will need significant legal and other skill sets because the gravity of the decisions this body will be making in terms of limiting an individual's right to work is very significant. I must, unfortunately, oppose all of these proposed...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: This amendment relates to our previous discussion. It seeks to delete the requirements that at least one half of the ordinary members appointed by the Minister shall be registered construction professionals. As previously discussed, I am happy to take a look at this and revert on Report State.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: Unfortunately, I cannot agree to this amendment. In general, appeals shall be held in public. However, special circumstances may exist, through the determination of the chairperson and the board, on issues that may be contractual or may have sensitive information attached to them. That would have to be adjudicated by the board. I am advised by our officials that it is needed for issues...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: The board will have to adjudicate on the matter. It will have the skill set to do that. It would have to be based on good reason, that a matter is confidential or a sensitive contractual engagement. That is how it is prescribed at the moment.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: It is a very difficult issue around which to set parameters. My view is that when you have an independent board that has the skill set, it will be acting in the public interest, especially when they are being appointed and we have committed to the board having the required skills and experience to enable it to discharge its functions. It provides a significant safeguard with regard to how...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: We will have a look at that and revert to the committee.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: This section deals with the competence criteria by which the board shall determine an applicants’ suitability for registration and includes the relevant standards, building regulations and other appropriate regulations. A provider of building works has certain obligations under the construction products regulation so it is appropriate to include this in the list of requirements....

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I must, unfortunately, oppose amendment No. 29. It seeks to require an applicant for registration to possess latent defects insurance. Latent defects insurance is taken out on a project-by-project basis and it is not practical that registration could be conditioned on the possession of such insurance. In addition, while a builder of residential or non-residential buildings should possess...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: The Deputy's point is well made and we will consider how we can further promote latent defects insurance. Specifically on the amendment, such insurance is not attached to the entity but to the project. That is why we cannot accept the amendment.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I must oppose these amendments Nos. 30 to 32, inclusive. This section requires an applicant to confirm any convictions for certain relevant offences or orders under the Building Control Act 1990 within the previous ten years or since the establishment of the register, whichever is the shorter period. The legal advice is that any amendment would need to consider the relevant provisions and...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: That absolutely is the legal advice from the Attorney General's office, which we have to consider. We can take a further look at it but at this point in time, the advice is very clear that to go back into the past one has to consider that. I am not a legal expert. That is the advice from the Attorney General's office.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: We are still considering it. That is just the advice at the moment.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: We will look at it. We are still considering it. I just need to be honest and frank that this is the advice at the moment. I can understand the point the Deputy makes.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I am advised it is adequate time for the board to meet and approve it.