Results 10,361-10,380 of 11,861 for speaker:Brian Hayes

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: I will consider it again between now and Report Stage.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: Three amendments are under discussion, namely, amendments Nos. 25 to 27, inclusive. While amendment No. 27 is in my name, I understand members will deal with all three together. I might first deal with amendment No. 25 and then members can discuss the other two amendments because I am accepting the premise of amendment No. 26 tabled by Deputy McDonald. However, as I am proposing my own...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: As regards other sites, if one had a contractual relationship with one contractor for a number of a sites at the same time, the concern is that if one precluded the work issue there would be multiple responsibilities. It is not just on one site. It would be quite frequent to have a number of ongoing contracts with one main contractor.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: Yes, exactly. If one has the contract for putting toilets on site, one is responsible for maintaining the toilets while one is in dispute.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: The Chairman is doing a better job than I am.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: I move amendment No. 27: In page 8, subsection (3), lines 37 and 38, to delete paragraph (b) and substitute the following: “(b) after notice has been served by a party to the construction contract under section 6(3) in relation to a dispute relating to payment of the amount concerned.”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: I move amendment No. 29: In page 9, lines 26 to 28, to delete section 6(2).This is a technical amendment to remove the provision of section 1(1) that is already provided for in section 2(5)(b). Section 2(5)(b) states that the Act applies to a construction contract, whether or not the parties to the construction contract purport to limit or exclude its application. That was mistakenly...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: I move amendment No. 30: In page 10, lines 15 to 21, to delete subsections (11) and (12) and substitute the following: “(11) The decision of the adjudicator shall be binding until the payment dispute is finally settled by the parties or a different decision is reached on the reference of the payment dispute to arbitration or in proceedings initiated in a court in relation to the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: I move amendment No. 33: In page 11, lines 5 and 6, to delete subsection (3).

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: It is nothing to do with us. It is the Bills Office that makes decisions on amendments.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: It is important to make clear that under the current draft of the Bill, it is already possible for appropriately qualified persons to offer adjudication services even where they are not on a panel of adjudicators set up by the Minister. The purpose of the panel of adjudicators is to offer parties who cannot agree on an adjudicator the possibility of having an adjudicator appointed to resolve...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: The Minister will not make the appointment. Subsection (5) states that failing agreement between the parties under subsection (4), the adjudicator shall be appointed by the chair of the panel selected by the Minister. The Minister is not selecting the adjudicators, he is selecting the chairman of the panel. It is then a matter for the chairman to appoint the adjudicators. The Minister...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: That covers the chairman and gives the Minister the power to devolve. It is not the intention and if that was set out in the legislation, we could look at it but as I understand it, it was never the intention of the Minister to appoint individual adjudicators, it is simply to appoint the chair, who will then appoint adjudicators. That subsection gives the devolving power to the Minister to...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: That is the chairman.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: The Deputy has raised a fair issue relating to subsections (5) and (6) and I will look to see if this can be tightened up.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: I move amendment No. 36: In page 12, between lines 16 and 17, to insert the following subsection:“(3) Where under this Act a notice is required to be delivered not later than a specified number of days after a particular date and the last of those days is a day which is a Saturday or Sunday or a public holiday (within the meaning of the Organisation of Working Time Act 1997), the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: I move amendment No. 37: In page 12, before section 11, to insert the following new section:11.—The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas.”.This is a technical amendment that allows expenses incurred by the Minister to be paid out of monies provided by the Oireachtas. It is a standard provision...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: It would be a new subhead in the Department's annual budgetary statement to the Houses. Many of the bodies that would fall under the remit of the Department are set out in the annual budget so I presume it would be a new subhead.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (Resumed) (12 Jun 2013)

Brian Hayes: I gave a commitment during the last session on Committee Stage of this Bill that our officials will meet with colleagues from the committee on a key outstanding issue on suppliers. Our officials will be in contact next week or, at the latest, early the week after. I hope, subject to the agreement of the Whips, to start Report Stage in the House as soon as possible, certainly no later than...