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Adaption Grants for Older People and People with a Disability: Motion [Private Members] (1 Jun 2022)

Darragh O'Brien: Ba mhaith liom míle buíochas a ghabháil leis an nGrúpa Réigiúnach as an rún a chuir siad os comhair na Dála inniu. Díospóireacht dearfach, tábhachtach agus cuiditheach is ea é. It has been a positive but constructive debate. I thank the Deputy for tabling the motion and I appreciate the contributions of the members of the Regional...

Written Answers — Department of Housing, Planning, and Local Government: Housing Schemes (1 Jun 2022)

Darragh O'Brien: The Local Authority Home Loan is a Government backed mortgage for those on modest or low incomes who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build. It is...

Written Answers — Department of Housing, Planning, and Local Government: Vacant Properties (1 Jun 2022)

Darragh O'Brien: Housing for All (published in September 2021) provides a new housing plan for Ireland to 2030 with the overall objective that every citizen in the State should have access to good quality homes through a steady supply of housing in the right locations, with economic, social and environmental sustainability built into the system. The strategy sets out, over four pathways, a broad suite of...

Written Answers — Department of Housing, Planning, and Local Government: Vacant Properties (1 Jun 2022)

Darragh O'Brien: I understand the Deputy is referring to the Repair and Leasing Scheme, the Buy and Renew Scheme and the Housing Acquisitions Fund. The Repair and Leasing Scheme is targeted at owners of vacant properties who cannot afford or access the funding needed to bring their properties up to the required standard for rental properties. The scheme provides upfront funding to carry out...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: No, but for just for the information of Senators, I am considering what other provisions might be introduced by way of amendment to the Bill on Report Stage. They will cover the areas to better provide for procedures and requirements to be followed in the case of tenancy terminations and for an enhanced role for the Residential Tenancies Board, RTB, in this regard. Second, I am considering...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: I will address amendments Nos. 5 and 15, 16, 17 and 19, tabled by the Government, and amendment No. 18, tabled by Senators Moynihan, Hoey, Sherlock and Wall. I welcome the amendment proposed to this section regarding the appointment of board members. Similar amendments were put forward while the Bill was progressing through the Dáil. At that stage, the Minister of State, Deputy Peter...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: The Senator might let me respond after she has spoken.

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: I thank the Senator together with Senators Craughwell and Boyhan for tabling this amendment. I also thank the sector for its engagement on this important legislation to put the regulation of the providers of building works and building control on a statutory footing, which is what we need. I do not envisage this will be an extra layer of regulation and I will explain why. I will not be...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: These are technical amendments to correct previously incorrect references. Amendment No. 47 is in response to concerns raised during Committee Stage in the Dáil in regard to section 63. There was a concern that the would prohibit the building control authorities from taking a prosecution against a builder who may have sanctions imposed on him or her under the Act. While this was not...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: I thank Senators Moynihan and Warfield for their amendments, neither of which I will be accepting. I just want to explain why. Amendment No. 8 would seek to disqualify a trade union from being appointed as the registration body. Amendment No. 10 would seek to provide that the National Building Control and Market Surveillance Office, NBCO, will be appointed the registration body. The...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: I thank Senator Warfield for the amendment, although I must oppose it. Section 9 allows the Minister to appoint a person to carry out periodic inspections, reviews and audits in relation to the performance of the registration body and also to furnish a report. The person, in this instance, is likely to be a professional body or professional auditing body and, therefore, it is not...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: These amendments relate to section 21 and are to ensure that inspectors shall be independent in the performance of their functions. The Minister of State, Deputy Peter Burke, already indicated on Report Stage in the Dáil that he would bring forward such an amendment in response to amendments tabled on Committee and Report Stages. In relation to amendment No. 13, the Zalewski decision...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: I will now address amendments Nos. 20 to 23, inclusive, as tabled by the Government, and amendment No. 24, tabled by Senators Moynihan, Hoey, Sherlock and Wall. I welcome the amendments on this section regarding the appointment of the appeals committee. Similar amendments were tabled when the Bill was progressing through the Dáil. At that stage, the Minister of State, Deputy Peter...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: These are purely technical amendments, following the advice of the Office of the Attorney General, to ensure consistency with other Bills.

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: These amendments are a response to amendments tabled when the Bill was going through the Dáil. Section 26 requires an applicant to confirm any convictions for certain relevant offences or orders under the Building Control Act within the previous ten years or since the establishment of the register, whichever is the shorter period. This has now been changed to require confirmation of...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: I understand the thrust of the amendment but I must oppose it as section 44 will seek to provide that a failure to comply with building control regulations is grounds for a complaint. That is outside the scope of this Bill. The register is a register of competence of providers of building works. I agree with the Senator that failure to comply with building regulations is very serious....

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: While I understand the Senator's point, my previous response remains relevant. The register is a register of competence. Where there are issues with regard to a provider who is struck off the register because their work is substandard, the homeowner, in that instance, will be able to lodge a complaint on the building control side and will also have recourse via insurance. Obviously, we are...

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: Amendments Nos. 35 and 37 are legal amendments to section 52. Amendment No. 35 provides that any person may appeal a decision of the appeals committee. Amendment No. 37 proposes to delete a line that provides that the court may draw inferences of that fact in accordance with the law.It is not necessary explicitly to provide for this.

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: These are legal amendments suggested by the Attorney General to remove reference to the court directing how costs are to be borne. The court has an inherent power to award costs and therefore the Bill does not need to provide for that explicitly. It is a matter for the courts.

Seanad: Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022 : Committee Stage (31 May 2022)

Darragh O'Brien: Section 58 provides for the publication of sanctions and convictions. The current section says the registration body shall publish these “where satisfied that it is in the public interest to do so”, but following the debates on Dáil Committee Stage, I am removing this proviso and providing that all sanctions and convictions must be published.

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