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Written Answers — Department of Housing, Planning, and Local Government: International Agreements (29 Mar 2022)

Malcolm Noonan: My Department is currently working with the Department of Foreign Affairs and Trade on the ratification process for the Nagoya Protocol. I intend for the process to be finalised in advance of the 15th Conference of the Parties to the Convention on Biological Diversity, which will take place in China later this year.

Written Answers — Department of Housing, Planning, and Local Government: Departmental Schemes (29 Mar 2022)

Malcolm Noonan: The Moore Street Advisory Group (MSAG) presented its final report in May of 2021 to Minister O’Brien and myself. In this report, the MSAG recommended that an adequate and appropriately structured compensation package should be put in place for the traders as soon as possible, in the context of forthcoming disturbance due to development works. It also recommended that the process...

Written Answers — Department of Housing, Planning, and Local Government: Wildlife Regulations (29 Mar 2022)

Malcolm Noonan: The current Wild Bird Declarations (General & Air Safety) that were signed in April 2021, allowing for the control of certain wild bird species, are due to expire on 30 April 2022. A decision on new Declarations covering the period 1 May 2022 to 30 April 2023 will be made prior to the expiry of the current Declarations. My Department recently held a public consultation to inform this...

Written Answers — Department of Housing, Planning, and Local Government: Departmental Surveys (29 Mar 2022)

Malcolm Noonan: My Department does not have an overarching responsibility for the coordination of hedgerow surveys and does not collect data from local authorities in relation to surveys carried out by them from their own resources. The Local Authority Biodiversity Action Fund (LBAF) is a stream of grants to assist local authorities with biodiversity projects in their areas that support the...

Written Answers — Department of Housing, Planning, and Local Government: Wildlife Protection (24 Mar 2022)

Malcolm Noonan: I intend to make Regulations under Section 23 of the Wildlife Act 1976 to protect the basking shark. As the basking shark is a species of fish, the Minister for Agriculture, Food and the Marine must also sign the Regulations. I have consulted with Minister McConalogue, who supports the proposal. My Department is in the process of drafting the Regulations, which should be finalised by the end...

Written Answers — Department of Housing, Planning, and Local Government: Legislative Programme (24 Mar 2022)

Malcolm Noonan: The major elements of our wildlife laws are contained in the Wildlife Act 1976 and the Birds and Habitats Regulations. My officials are embarking on a project to review both of these with a view to proposing changes to clarify and strengthen them. This legislative review project is currently in the planning and design phase.

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: Section 44 outlines the grounds for complaint under the Act regarding a registered member to the registration body. We must oppose amendments Nos. 30 and 31 to section 44, which seek to provide that failure to comply with building regulations and planning permission would be grounds for complaint. They are outside the scope of the Bill. This register is a register of competence of...

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: Again, I reiterate that these amendments are outside the scope of the Bill. When the Bill comes before the Seanad, there will be further discussion on this matter. The Building Control Act and the Planning and Development Act provide the mechanisms around compliance in relation to planning permission and building regulations. I make those particular points, but there will also be further...

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: We will be opposing this amendment. The amendment seeks to require an applicant for registration to provide evidence that he or she is eligible for latent defects insurance. Latent defects insurance is taken out on a project-by-project basis and is it is not practical that the registration should be conditioned on the possession of or eligibility for such insurance. While a builder of...

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: I will specifically refer to these amendments, which I will oppose. On Committee Stage, the Minister of State, Deputy Burke, indicated that he would bring forward amendments to the Seanad to provide that the chair and certain other members of the board would be recruited through the Public Appointments Service, and that the following would also nominate members: the Irish Congress of Trade...

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: To come back to the points raised by the Deputies Nash and O'Callaghan, again, it is intended that the Department of Housing. Local Government and Heritage nominee may be on the political control side of things. Similarly with the Department of Enterprise, Trade and Employment, there would be a consumer representative. I give the commitment that when the Bill is before the Seanad we will...

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: As I have said, we will give consideration to review it at that stage.

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: I will give a general consideration on the review. The Minister of State, Deputy Burke, has also given that commitment.

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: I must oppose this amendment to section 21. To operate the statutory register, the registration body will be required to carry out inspections and will require the facility to employ inspectors who may be members of its staff. The inspectors shall carry out their duties and inspections subject to such terms as the board, which is independent, may determine. However, I am considering an...

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: I have given an assurance that I will consider an amendment to the Bill that would ensure that the inspectors are independent in their performance of their duties. I hope that gives assurance to the Deputy in that regard.

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: Not in respect of this particular amendment, but we will give consideration in the Seanad to amendments relating to appointments to the board and the appeals committee.

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: Not to this one.

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: Regarding the commitment given by my ministerial colleague, the note has been prepared and we can have it furnished to the committee. Amendment No. 11 suggests including "adherence to the requirements of the Building Regulations". The code of practice is for the purpose of the continued improvement in the professional conduct of providers of building works. The three amendments suggested...

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: I have given assurances regarding the Attorney General's advice around not naming the body appointed. The mechanism exists, where the body appointed is not performing its functions, for another entity to be appointed. That is part of the checks and balances that exist in addition to the seven points I raised relating to the independence of the registration body. I again give those...

Regulation of Providers of Building Works Bill 2022: Report and Final Stages (23 Mar 2022)

Malcolm Noonan: Before I refer to the note, I will address some of the points raised by the Deputies. It is the case that the Government wants a robust regulator. Deputy Cian O'Callaghan has pointed out some of the failings of the past, which there is no doubt have been substantial and have caused considerable hurt to people as well as financial cost to the Exchequer. It is for that reason that the...

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