Results 2,941-2,960 of 8,617 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 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?

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 for summary offences but for serious offences it must prosecute and go before the courts. Under the law, obviously, the prosecution must take place before the fine can be imposed. 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: The board can take the prosecution but the courts will decide after 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: A serious fine will have to go to the courts, obviously.

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

Peter Burke: A prosecution has to be taken in order to impose a fine 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: 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: It is a class A fine.