Results 5,681-5,700 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 (Resumed) (10 Mar 2022)
Peter Burke: Correct. 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: No.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: What does the Deputy mean by "purpose"? As I said, the purpose is very clearly on competence. An issue cannot be followed through the courts by a third party on competence when a determination and sanction has been made.
- 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: When it has made a determination and a sanction.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: Correct.
- 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 relates to competence. If it is something affecting homeowners, it is under a different Act. Defective work comes under the Building Control Act. It is separate.
- 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 relates to competence for carrying out works, which is separate when we speak about infringements under building control.
- 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 also relates to where a party carries out work in an area it is not registered for.
- 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: It can have its own investigations for 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 not compliance with building regulations that is being adjudicated on but competence.
- 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 compliance would relate to the Building Control Act, which is completely separate. The due diligence and evidence would have to be based on that as well.
- 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 adjudication on non-compliance would be through the Building Control Act and not this Act. Therefore, it would not be relevant. A fresh investigation would have to be done and the adjudication would be done under the appropriate jurisdiction, as opposed to the competence element of this 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: My advice is that non-compliance with the Building Control Act must be investigated under that Act 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: Due diligence must be gone through in bringing forward such a case. It is totally separate and we cannot conflate the two elements. We are speaking about competence in this 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: It would be looking for support under legislation that is not relevant to a prosecution.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: If somebody is to be prosecuted under the Building Control Act, he or she is being prosecuted with regard to the defects in work carried out. This is not relevant to competence under this register. It is a separate determination. A party would have to investigate and adjudicate on the other matter under the Building Control Act.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: This section of Schedule 2 of the Bill concerns the removal from office by the Minister of a board or appeals committee member. The grounds include that a member has engaged in "serious" misconduct and the amendment proposes to delete "serious". We are opposing the amendment as it is important that the independence of the board and appeals committee is maintained and that the Minister...
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: With the leave of the Cathaoirleach, there are a small number of matters I wish to raise that we may be bringing as amendments on Report Stage in other areas that were not referred to already. In addition to these Parts, the Government intends to bring forward amendments to allow for the sharing of information by other regulatory authorities on enforcement and prosecutions with the...