Results 2,381-2,400 of 8,016 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 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.

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.