Results 5,601-5,620 of 8,081 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: 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.

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 read the substantive reply, which may provide some good news for the Deputy. Amendments Nos. 33 and 34 seek to shorten from 90 days to 20 days the period within which the board must make a decision on any application for registration or renewal. A meeting of the board is required to make a decision on an application for registration or renewal and so 20 days is not sufficient....

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 not be accepting this amendment as the Bill provides a wide range of training providers that can be used by registrants to provide evidence of continuing professional development, CPD. Sections 28 and 29 of the Bill, in relation to competence criteria and eligibility for registration, provide that the Minister or the board may consult with SOLAS, among other bodies, when determining...

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (10 Mar 2022)

Peter Burke: Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such...

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 44 outlines the grounds for complaint under the Bill regarding a registered member to the registration body. We must oppose amendments Nos. 36 and 37 to section 44, which seek to provide that failure to comply with building regulations and planning permissions are grounds for complaint. These amendments are outside the scope of the Bill because this register is a register of...

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 again thank the members for their contributions. We take any breaches of the Building Control Act and the planning Acts very seriously. Some of the examples mentioned have caused heartbreak for people, which is the last thing we want to see happen. It is part of a broader response. Section 44 sets out the grounds for complaint and competence is referred to in section 44(1)(d). 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: I take the view that they can still trade. If it has been proven, through this board, that they had a serious breach in terms of their competence, they can be permanently removed from the register. I referenced whereby competence, in the first instance, involves someone having to display compliance with all the criteria, one of which is the Building Control Act. That is a strong...

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

Peter Burke: In the first instance, it is clear that under section 28 the building control regulations and the code of practice are key criteria of competence in bringing a complaint forward to the board to adjudicate on. If the other State agencies are doing what they are prescribed to do, in the first instance, if the building control authority finds someone at fault and that he or she did not comply...

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.

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 not saying that; I am saying that the building control authority in the first instance would have had to have made a determination on the 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: 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.