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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: That is okay. I can do that.

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

Peter Burke: Absolutely. That is the intention.

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

Peter Burke: I thank the Deputies for their amendments. I will address amendments Nos. 3 and 4. Section 8 of the Bill provides that the Government may make an order appointing a body to perform the functions of the registration body. It sets out that the body can be a public body or otherwise and it provides that the body must be capable of performing the functions conferred. I must oppose amendment...

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

Peter Burke: Deputy Ó Broin referred to the voluntary register. In the main, it would obviously be compliant members who registered on the voluntary register. It is unfair to make some of the suggestions that have been made. The reason infringements are lower and cases are not taken against members is that it is a voluntary register. The Royal Institute of Architects of Ireland and the Society...

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

Peter Burke: In the first instance, as I pointed out, CIF has the experience from operating the voluntary register. Second, it is unfair to cast aspersions on the voluntary register in terms of infringements because of its voluntary nature and the fact that people are mostly compliant. Third, as I also pointed out, it has the skill sets and reference. Fourth, and critically, it is underpinned by an...

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

Peter Burke: I thought the Deputy was just going to withdraw the amendment on foot of the error, and that there was not going to be any question on it at all. I am told that in other pieces of legislation this is a standard clause, in line with the Charities Act 2009 for example. That is my advice here.

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 told that it is a standard clause. I will have a look and come back to the Deputy. I have the briefing here on the public policy part but I would have to have a look at the morality piece. I do not have the exact answer myself.

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 yes.

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

Peter Burke: We will come back to the Deputy.

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. 6, 18, 24 and 25, as jointly tabled by Deputies Ó Broin and Gould. I must oppose amendment No. 6. This section of the Bill allows the Minister to appoint a person to carry out periodic inspections, reviews and audits with regard to the performance of the registration body and to furnish a report. The "person" in this instance is likely to be a...

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

Peter Burke: A professional auditing service or body.

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 return with proposals on Report Stage, with a view to having appointments made through the PAS. However, we have to discuss it within the Department first. At that juncture, if the Deputy wishes, he can return with proposals if ours are not up to scratch.

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-----

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