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

Ruairi Quinn: This Bill imposes an additional administrative burden on local authorities as we are moving back from self-regulation to a point where we ask local authorities to require provision of and sign off on a certificate indicating that a building is compliant in respect of regulations. It may be argued that this is a case of belt and braces but this is a reasonable amendment in terms of the issues...

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

Ruairi Quinn: I am aware of the conclusions of the working party to which the Minister of State refers. Given the balance of obligations and rights, the application of resources and the need to operate society efficiently, self-regulation has many attractions. It will only work, however, if it is accompanied by sanctions, as is the case with self-regulation in the taxation system. Prior to the reform of...

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

Ruairi Quinn: I support the amendment.

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

Ruairi Quinn: My amendment No. 30 provides that building control authorities may go to either the Circuit Court or High Court, whichever is more cost effective. I will withdraw this amendment in favour of amendment No. 29, which has the same effect.

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

Ruairi Quinn: The Minister of State's proposal is to increase the fine from £800 to €5,000 while Deputy O'Dowd's amendment would increase it to €25,000. Given inflationary costs and the increases in property values, the potential gain of someone who breaks the law or who does not comply with it is substantial. I understand these would be the maximum fines the court could impose so there would be...

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

Ruairi Quinn: I never got that far.

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

Ruairi Quinn: I move amendment No. 35: In page 17, line 38, after "Part" to insert the following: "provided that the Institute shall establish procedures to ensure a separation between the performance of its regulatory functions under this Act and of its existing representative functions, and shall ensure that the regulatory functions are performed independently by the Admissions Board and are not subject...

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

Ruairi Quinn: I concede it is not absolutely necessary because the Minister of State is right, but the amendment does not negate any provision of the Bill. It simply makes explicit at the commencement of the section, which is what people will look at, that there is a clear separation of function between the role the institute currently has and the role we are giving to it under the Bill. I would prefer...

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

Ruairi Quinn: I move amendment No. 37: In page 18, line 7, after "architects" to insert the following: "one of whom should have knowledge of management of the construction sector; one of whom should have knowledge of the third level education sector; and two of whom should have knowledge of social partnership". We are trying to avoid visiting committee syndrome, where someone other than the current...

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

Ruairi Quinn: I can accept the Minister of State's position but not that of his successors.

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

Ruairi Quinn: I move amendment No. 43: In page 19, line 23, after "registration" to insert "pursuant to the grandfather clause". I believe the Minister of State has agreed to accept the definition of the grandfather clause, which will flow from this section.

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

Ruairi Quinn: I move amendment No. 44: In page 19, to delete lines 33 to 36. Is the Minister of State withdrawing the provision that a person could self-declare himself or herself to be qualified?

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

Ruairi Quinn: Having read this, am I correct that the Minister of State is withdrawing this proposal in one of his amendments?

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

Ruairi Quinn: The effect of my amendment would be to remove the following provision: The registration body may accept as sufficient compliance by a person with subsection (2)(a)(II) a statutory declaration by the person that he or she possesses the experience referred to in that provision. I seem to recall that the Minister of State might have removed this provision himself. It means that someone can...

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

Ruairi Quinn: I move amendment No. 50: In page 22, line 25, after "Board" to insert ", at least 2 of whom shall not be architects,". While its effect, to a degree, would be to tie the hands of those appointed, amendment No. 50 represents an attempt to achieve balance by requiring two board members to be other than architects. Such provision would provide a wider array of experience in assessing interviewees.

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

Ruairi Quinn: I move amendment No. 54: In page 23, after line 49, to insert the following: "(5) In this section, "specified", means fees which have been specified by the registration body with the agreement of the Minister.". This was proposed to me by people who are not members of the institute and is really a safeguard by which the registration body would be able to set fees that would be subject to the...

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

Ruairi Quinn: I move amendment No. 55: In page 24, between lines 17 and 18, to insert the following: "(2) This section does not prevent a body corporate or partnership from carrying on business under a name, style or title containing the word "architect" provided that at least one of the directors or partners as the case may be is registered under this Part.". Under this proposal, a multidisciplinary...

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

Ruairi Quinn: The amendment is covered in section 2 so I will withdraw amendments Nos. 55, 57 and 59.

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

Ruairi Quinn: I move amendment No. 59: In page 25, line 23, after "cause" to insert "a copy of". This is a practical proposal. As the legislation is currently proposed, the original certificate needs to be displayed. We are suggesting that since the certificate is a fairly valuable document in its own right and is one's licence to practise, a copy could be publicly displayed and the original certificate...

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

Ruairi Quinn: I move amendment No. 62: In page 27, line 36, after "The", to insert the following: "method of assessment used by the Technical Assessment Board shall be in line with and consistent with that applied to the category of persons referred to in section12(2)(d) and the". This amendment was suggested to achieve consistency, which I think we have probably done at this stage. There have already...

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