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Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: Absolutely.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I will address amendment No. 7. The purpose of section 9(1) is to review the performance of the registration body. I must oppose amendment No. 7 which seeks to require this review of the registration body to take place annually. Section 19 of the Bill requires that the registration body shall provide an annual report on the performance of its functions and the functions of the board and...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: The Minister will be able to request a periodic review to be carried out. With the annual report, the threshold is deemed adequate in the Department.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I agree with amendment No. 8. It is appropriate that this report, which is a review of the performance of the registration body, should be provided to the Oireachtas Joint Committee on Housing, Local Government and Heritage. I can accept amendment No 8. I must oppose amendment No. 9, which proposes that the registration body may only make rules following consultation with the Minister...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: Normal administrative rules of the register, not policy items or-----

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: The way the body administers its normal procedures. It is nothing that is outside the statutory scope of the Bill, which has to do with policies and the body's functions. For example, how many days in advance of board meetings that people have to be given notice-----

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: Yes.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: Unfortunately, I must oppose this amendment at this Stage. However, I am minded to take the Deputy's policy proposal on board and provide on Report Stage further detail in this section to direct that the annual report should include information on admissions, appeals, complaints, investigations, sanctions, board and appeals committee members and any additional information as requested by the...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: We are examining the issues of training and disclosure of interests. We need to do some extra work on both headings.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I will address amendments Nos. 14 and 15. Amendment No. 14 proposes-----

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: Amendment No. 14 proposes including the phrase “accessing the National Training Fund for upskilling construction sector workforce” in the provision. Our view is that it is not to be included in the code of practice. We will, however, provide an update to Deputy Ó Broin in the form of a note on the work that is ongoing with the Department of Further and Higher Education,...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: My officials are happy that section 39 also captures continuous professional development to ensure that people of relevant competence are included on the register and that they continue to be familiar with regulations through continuous professional development. The officials are of the view that this is not the appropriate place considering what is in section 28 and also section 39 in...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I am advised it is intended that would be captured through regulations.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I agree with the policy intention of amendment No. 17. It is appropriate that an inspector would operate independently while performing these functions and that they have the experience and competence to perform these functions. However, I wish to review the proposed wording in further detail and, following input from our legal drafters, we will bring forward a revised amendment that will...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: They will be carrying out investigations of the members to ensure the due diligence is correct in terms of their upskilling, the continuous professional development courses that they have attended and all of that type of metrics to ensure they are competent and that, as a collective group, they are improving.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: I will come back on that.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: To confirm, there will be ten people on the board, that is, five and five. Given the complex nature of the work that will be carried out here, the chair will need significant legal and other skill sets because the gravity of the decisions this body will be making in terms of limiting an individual's right to work is very significant. I must, unfortunately, oppose all of these proposed...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: This amendment relates to our previous discussion. It seeks to delete the requirements that at least one half of the ordinary members appointed by the Minister shall be registered construction professionals. As previously discussed, I am happy to take a look at this and revert on Report State.

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: Unfortunately, I cannot agree to this amendment. In general, appeals shall be held in public. However, special circumstances may exist, through the determination of the chairperson and the board, on issues that may be contractual or may have sensitive information attached to them. That would have to be adjudicated by the board. I am advised by our officials that it is needed for issues...

Select Committee on Housing, Planning and Local Government: Regulation of Providers of Building Works Bill 2022: Committee Stage (3 Mar 2022)

Peter Burke: The board will have to adjudicate on the matter. It will have the skill set to do that. It would have to be based on good reason, that a matter is confidential or a sensitive contractual engagement. That is how it is prescribed at the moment.

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