Results 2,341-2,360 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: I thank the Deputies for the amendments. The proposed amendments refer to the role of the registrar in the complaints procedure. Amendment No. 40 seeks to remove the provision that following mediation the complainant may make a fresh complaint. It is appropriate that a fresh complaint is made as it can take into account new information which may have emerged during any mediation process or...

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 look at the submission and come back to the Deputy on it.

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 regarding absolute privilege is a standard provision to be found throughout the Statute Book. It is used to protect persons against defamation. In this Bill, it provides a defence for someone who makes a complaint to the registration body regarding a registered person. It also protects the board, appeals committee and inspectors in a similar manner.

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 this is a standard provision found throughout the Statute Book.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: While I can understand the Deputy's intention, I do not think punishing someone is the correct mechanism. The sanctions in the Bill are very clear. Somebody who is non-compliant can be fined. When there is a register of competence, if there is a different charging policy for entry to that register, it could cast a shadow on some members. On the register, someone will either be competent...

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 amendment Nos. 47 and 49 as tabled by Deputy Cian O’Callaghan and amendment No. 48 as jointly tabled by Deputies Eoin Ó Broin and Thomas Gould. I agree with the policy intention of amendments Nos. 47 and 48. It is reasonable that any decisions confirmed by the High Court or any convictions should be published by the registration body. I will review this section...

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 see where the Deputy is coming from. I do not want to be disproportionate when potentially we could be talking about advice or something very minor. That is what we are reflecting in this section. That is my concern. Obviously, there is no precedent for this in terms of the three-year period, but the genesis of our approach is that we do not wish to be disproportionate if an...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (Resumed) (10 Mar 2022)

Peter Burke: Members should be aware that some of these could be dealt with in the Seanad depending on the timelines.

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 not aware of any. It is not a statutory register.

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: I must oppose the proposal to delete section 63. This section provides that a person who is sanctioned under the Bill cannot be liable to prosecution for the same behaviour. It also provides that an acknowledgement of infringement during the course of an investigation is not admissible in criminal proceedings except in certain instances. Section 63 does not prohibit the 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 does not stop action under the Building Control Acts.

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: 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.