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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 relates to competence. If it is something affecting homeowners, it is under a different Act. Defective work comes under the Building Control Act. It is separate.

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 relates to competence for carrying out works, which is separate when we speak about infringements under 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 also relates to where a party carries out work in an area it is not registered for.

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: It can have its own investigations for 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 not compliance with building regulations that is being adjudicated on but competence.

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 compliance would relate to the Building Control Act, which is completely separate. The due diligence and evidence would have to be based on that as well.

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 adjudication on non-compliance would be through the Building Control Act and not this Act. Therefore, it would not be relevant. A fresh investigation would have to be done and the adjudication would be done under the appropriate jurisdiction, as opposed to the competence element of this 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: My advice is that non-compliance with the Building Control Act must be investigated under that Act in the first instance.

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

Peter Burke: Due diligence must be gone through in bringing forward such a case. It is totally separate and we cannot conflate the two elements. We are speaking about competence in this 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: It would be looking for support under legislation that is not relevant to a prosecution.

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

Peter Burke: If somebody is to be prosecuted under the Building Control Act, he or she is being prosecuted with regard to the defects in work carried out. This is not relevant to competence under this register. It is a separate determination. A party would have to investigate and adjudicate on the other matter under the Building Control Act.

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 of Schedule 2 of the Bill concerns the removal from office by the Minister of a board or appeals committee member. The grounds include that a member has engaged in "serious" misconduct and the amendment proposes to delete "serious". We are opposing the amendment as it is important that the independence of the board and appeals committee is maintained and that the Minister...

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

Peter Burke: With the leave of the Cathaoirleach, there are a small number of matters I wish to raise that we may be bringing as amendments on Report Stage in other areas that were not referred to already. In addition to these Parts, the Government intends to bring forward amendments to allow for the sharing of information by other regulatory authorities on enforcement and prosecutions with the...

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, as I just wanted to put these matters on the record in the first instance.

Written Answers — Department of Enterprise, Trade and Employment: Legislative Measures (9 Mar 2022)

Peter Burke: 29. To ask the Minister for Enterprise, Trade and Employment when the new law to give workers the right to paid sick leave will be introduced. [13524/22]

Written Answers — Department of Housing, Planning, and Local Government: Local Authorities (9 Mar 2022)

Peter Burke: As outlined in my answer to Parliamentary Question No. 352 of 1 March 2022, the taking in charge of housing estates by local authorities is ultimately a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority.  The taking in charge of housing estates by local authorities is provided for under section 180 of the...

Written Answers — Department of Housing, Planning, and Local Government: Housing Policy (9 Mar 2022)

Peter Burke: Under section 30 of the Planning and Development Act 2000, as amended (the Act), I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. This includes the taking in charge process. The taking in charge of residential estates is a reserved function of the elected...

Written Answers — Department of Housing, Planning, and Local Government: Solar Energy Guidelines (9 Mar 2022)

Peter Burke: Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.  Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any...

Written Answers — Department of Health: Cannabis for Medicinal Use (9 Mar 2022)

Peter Burke: 225. To ask the Minister for Health the conditions that are applied to a person travelling to Ireland with a prescribed cannabis-based medicinal product; and if he will make a statement on the matter. [13439/22]

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