Results 2,301-2,320 of 7,983 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: As in section 44(3), the reasons for the decision would be set out in writing to the complainant. In section 44(2)(e), the process is very clearly set out, whereby the board must be satisfied with the opinion that a breach occurred. If a complaint is frivolous or there is a reason for the board not to uphold a complaint, it must set out the reasons clearly and provide them to the complainant.
- 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 potentially following the making of inquiries by the registrar. It is within the scope of the legislation that the registrar would have to make a determination based on his or her inquiries.
- 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, I do. The complaints procedure is set out well in section 44. Obviously, it is compliance with the Act that is the key part or threshold under which it has to hold any complainants. The board is independent to do 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: Will the Deputy repeat 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: I am advised that the grounds for complaints are set out in the Bill. If it is not in adherence with those, then the determination would have to be made. Reasons for that would have to be published and sent out to the individual.
- 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 advised that it has its natural meaning. It is commonly understood under it, but I will have to double check that and refer back to the Deputy.
- 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 appreciate 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: Yes, I can do 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: I can do that. When I was looking at it earlier today, it occurred to me that there may be an issue with it. We will have a look at it and refer back to the committee.
- 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 will now address amendment No. 42. We must oppose this amendment, which seeks to provide that the inspector make a recommendation to the board on sanction. The role of the inspector is simply to decide whether improper conduct has occurred or is occurring. The board must also be satisfied that improper conduct has occurred in accordance with section 49. This section also provides 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 my view that the inspector has the particular skill set to adjudicate on whether improper conduct has occurred or not. Inspectors, through their experiences and skill sets, are able to determine whether a breach has occurred or not. However, I think the board's independence must be paramount in deciding what should happen within the broad range of sanction. The board must adjudicate...
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: That is in section 49, which refers to major and minor sanctions.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: As is outlined in section 49(2)(a), if the board thinks the circumstances of the case establish improper conduct, sanctions can be imposed.
- 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.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: We are not doing so explicitly. The board must make its own determination on that issue, once it is clearly in compliance with the scope of the 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: The basis on which the board would make such a determination is outlined in section 54.
- 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 will address amendments Nos. 44 and 45, which have been tabled by the Deputy. These amendments seek to allow the board to impose fines as a sanction. We must oppose these amendments as the board cannot impose fines on a registered person. The ability to impose fines is provided for in section 60 of the Bill, under offences and penalties. I must, therefore, oppose amendments Nos. 44 and 45.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: Essentially, it has to be prosecuted.
- Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)
Peter Burke: Does the Deputy want to send that on to us?