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Water and Sewerage Schemes. (27 Feb 2007)

Batt O'Keeffe: Naturally, there will be significant investment. In March 2006, we asked each of the local authorities to give us an assessment of their needs. We have received these assessments, are taking them into account and will ensure that the major financial input now available to us will be included as part of the overall scheme in terms of further significant investment.

Water and Sewerage Schemes. (27 Feb 2007)

Batt O'Keeffe: From the Department's point of view, any scheme under €5 million comes before us only once for approval before being sent back to the local authority to be carried out. The Department has also given a commitment that any scheme that has been before it for six months must be dealt with and returned to the local authority. I suggest the Deputy ask her local authority to seriously examine how...

Written Answers — Environmental Policy: Environmental Policy (27 Feb 2007)

Batt O'Keeffe: It is important that the plastic bag regulations should be rigorously enforced. I recognise the need to ensure that the efforts and commitment of the vast majority of retailers are not undermined by the non-compliance of a few. Therefore, my Department has written to local authorities asking them to carry out inspections of retail outlets with a view to improving current practices in...

Written Answers — Fire Stations: Fire Stations (28 Feb 2007)

Batt O'Keeffe: Dublin City Council sought sanction to extend the fire station in Tallaght and this was approved in principle in the 2006 Fire Services Capital Programme. However, the Council are now of the view that a new replacement station is the most cost effective option and this proposal has been approved in principle under the 2007 Programme. Funding for the project will be determined following...

Building Control Bill 2005: Order for Report Stage (1 Mar 2007)

Batt O'Keeffe: I move: That Report Stage be taken now.

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: I move to recommit in respect of amendments Nos. 1 and 20 to 26, inclusive. When this Bill was published in 2005 it was intended that it would transpose certain provisions of the EU directive on energy performance of buildings of 16 December 2002.

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 1: In page 5, lines 6 to 10, to delete all words from and including "TO" in line 6 down to and including "BUILDINGS;" in line 10. The provisions in section 5 of the Bill are no longer necessary. Amendment No. 1 proposes to delete the reference in the Long Title to the implementation of the directive. Amendment No. 21 deletes section 5 and related references in section...

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: It does not impact on them.

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: This Bill amends the Building Control Act 1990 and the two Acts will be cited together as the Building Control Acts 1990 and 2005. The Bill deals with the registration of building professionals. I understand why the amendment is proposed but in order to allow this Bill to be construed with the building control code the wording as set out in the Bill is correct.

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: Deputy Quinn raised this issue on Committee Stage and, as I understand it, his concern is that from the commencement of section 15 it would be unlawful for anyone who was not registered to use the title architect but that there was no provision for a period of time for people to register. Since Committee Stage my Department has considered this matter with the parliamentary draftsmen. Our...

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 4: In page 6, between lines 2 and 3, to insert the following: ""Agreement establishing the World Trade Organisation" means the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994 as amended or supplemented by any protocol to that Agreement which is for the time being in force in the State;". This group of amendments seeks to insert some...

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: This amendment relates to later amendments tabled by Deputy Quinn in which he proposes inserting a requirement that where architects are appointed to various boards under the Bill a certain number should be architects in practice. This could, however, unnecessarily restrict the operation of the Act because it may be difficult at times to get sufficient practising architects to serve on...

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 6: In page 6, line 9, after "qualifications" to insert the following: "as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania". This is a drafting amendment which seeks to insert some necessary new definitions and to extend and clarify...

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 7: In page 6, between lines 14 and 15, to insert the following: ""member of the World Trade Organisation" means a party to the Agreement establishing the World Trade Organisation;".

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: The effect of these amendments would be to label the registration procedure under sections 19 and 20 as the "grandfather clause". The procedure is set out clearly in those sections and there is no reason to add to it with this amendment giving it a formal title. The procedure for architects applying for registration on the basis of training acquired by practical means is set down in section...

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: We are anxious to be helpful on this matter. Section 20 deals with people with practical experience, but that does not presume or assume that an academic qualification is necessary. I propose to accept amendment No. 8 but I have problems with amendment No. 9. Further legal advice is required on that amendment. It could be considered in the Seanad, if that is acceptable.

Building Control Bill 2005: Report Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 10: In page 6, line 21, to delete "an EEA State" and substitute "a Member State of the EEA". This drafting amendment seeks to clarify the existing definition of a European Economic Area, EEA, state.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 11: In page 6, between lines 27 and 28, to insert the following: ""poor professional performance", in relation to a registered professional, means any failure of the registered professional to meet the standards of competence that may reasonably be expected of registered professionals practising the profession concerned;". This amendment becomes necessary following...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: In response to Deputy O'Dowd, the definition in amendment No. 11 is as follows.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: It is on page 6. The Deputy will see the Minister has provided a definition in amendment No. 11. It will be a matter for the professional conduct committee to assess any complaints lodged. In response to Deputy Finian McGrath, we are, by and large, taking into account the issues the IWA raised regarding this Bill. The registration body will adopt the code of conduct, and issues raised by...

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