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

Fergus O'Dowd: I have no problem with what the Minister of State intends, but I am not totally satisfied that the word "poor" is sufficiently clear, notwithstanding the definition given. The term is subjective. One teacher may feel that an essay is poor, but another might find it excellent. When one gets into such conflicts, the courts ultimately decide for or against a professional. Perhaps we might...

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

Fergus O'Dowd: I welcome the amendment and the commitment the Minister of State has made. In making new regulations, will he specifically consider dwellings that are expressly built for old people? Notwithstanding the Minister of State's commitment which I welcome and support, there ought to be a higher standard for dwellings, known as OPDs, specifically built for pensioners. Such dwellings must be...

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

Fergus O'Dowd: I wish to recommit this amendment.

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

Fergus O'Dowd: We agreed that we could do so.

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

Fergus O'Dowd: I move amendment No. 15: In page 7, between lines 28 and 29, to insert the following: 4.—The Act of 1990 is amended in section 3 by the insertion of the following after subsection (13): "(14) No work shall commence on any construction before due consideration has been given to the inclusion of third party consultation in all major public developments.".". Ba mhaith liom é a chur faoi...

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

Fergus O'Dowd: I will not withdraw my amendment. I wish to put it to a vote. Notwithstanding everything the Minister of State has said, organisations representing those who suffer from disabilities would like to have a greater role in the statutory regulation of this area. I accept what the Minister of State said about some buildings but there are other ones that do not have proper access for disabled...

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

Fergus O'Dowd: I welcome what the Minister of State has said. To take an example in my constituency, there is no proper disability access to Drogheda Post Office. It is very difficult for disabled people to get in there. I am not talking just about physical access to buildings, but also the urban environment in towns, including footpaths, which may not be properly structured for the disabled. There are...

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

Fergus O'Dowd: I move amendment No. 16: In page 9, line 30, to delete "to" and substitute "to, and use of,".

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

Fergus O'Dowd: I disagree with the Minister of State over the word "adequate". It is a subjective word because who is to say that something is adequate? The disability organisations have a clear view that the legislation is not adequate in this regard and they have serious ongoing concerns about it. One way around this issue is to have advocates for disability with regard to all such plans. The...

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

Fergus O'Dowd: Who decides that?

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

Fergus O'Dowd: On the question of all major developments, how many times in the Minister of State's town and my town have we seen people in wheelchairs who cannot use the footpaths. They use their electric wheelchairs on the main road because they cannot access the footpaths and buildings like everyone else. I stress the need for proper advocacy and, while I acknowledge the Minister of State's integrity...

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

Fergus O'Dowd: These are good amendments and I support them. I raised a key issue on Second and Committee Stages that fire safety officers have made the point that a significant number of local authorities have not inspected many of the buildings in Ireland for fire safety or method of construction. There is a serious concern that this situation could lead to a tragedy. There may be apartment buildings...

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

Fergus O'Dowd: Does the current provision not give retrospective consent to works that have not been inspected and about which concerns have been raised? The key point is that the Bill will allow people who have not conformed with the law to avoid sanction retrospectively by escaping through a gap in the inspection regime.

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

Fergus O'Dowd: I move amendment No. 27: In page 16, between lines 28 and 29, to insert the following: 8.—The Act of 1990 is amended in section 8(4) by the insertion of the following after paragraph (b): "(c) require the person or persons served with the notice, to refund to the Building Control Authority the costs and expenses reasonably incurred by the Authority in relation to the investigation,...

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

Fergus O'Dowd: It is unacceptable for the Minister of State to agree with the amendment while refusing to accept it. He accepts, for example, that the building control authority could incur substantial costs in policing and enforcing the regulations. In theory, these costs could run into hundreds of thousands or even millions of euro if the authority is required to employ experts or inspect a...

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

Fergus O'Dowd: I will be satisfied if the Minister of State does so. We both agree the principle ought to be enshrined in legislation. I am happy for the wording to be perfected for consideration in the Seanad.

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

Fergus O'Dowd: I will withdraw it on that basis.

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

Fergus O'Dowd: I propose to recommit this amendment.

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

Fergus O'Dowd: I move amendment No. 33: In page 17, between lines 6 and 7, to insert the following: "(b) in subsection (2)(a) by substituting "€25,000" for "£800",". A fine of €25,000 seems more appropriate than one of €800 where somebody is in breach of the legislation.

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

Fergus O'Dowd: The Minister is saying he does not agree with my proposal to increase the penalties and that there are other mechanisms that are equally punitive. I disagree with him in this regard. A clear declaration of intent must be made that those who are convicted will be penalised effectively. Under the planning legislation, for example, cases can go on forever and the fines ultimately imposed are...

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