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

Cian O'Callaghan: The Minister of State has.

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

Cian O'Callaghan: I am merely saying-----

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

Cian O'Callaghan: -----there is something positive from my point of view in what the Minister of State is saying but it is still insufficient.

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

Cian O'Callaghan: I move amendment No. 40: In page 46, lines 15 and 16, to delete “the complainant may, at his or her discretion, make a fresh complaint in respect of the matter the subject of the first-mentioned complaint” and substitute “the Registrar shall refer the matter to the Board for investigation”. What I am seeking to do in this amendment is that where somebody makes...

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

Cian O'Callaghan: I move amendment No. 44: In page 53, between lines 23 and 24, to insert the following: “(d) fines,”. Amendment No. 45 is a technical amendment to fix the lettering if amendment No. 44 is agreed upon so I do not intend to say more than that on amendment No. 45. Amendment No. 44 adds to the list of major sanctions. On top of the potential options for removing the...

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

Cian O'Callaghan: Will the Minister of State please explain a bit more? Is it that the board cannot impose the fines, but they 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)

Cian O'Callaghan: That is fair enough. Before Deputy Ó Broin comes in, I wish to mention one other aspect. After I submitted the amendments for this Stage, I received a good submission and it is not reflected in any of my amendments. The submission is from the Heating and Plumbing Association of Ireland. They have some particular concerns about the Bill with regard to people working in mechanical...

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

Cian O'Callaghan: Yes.

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

Cian O'Callaghan: The submission is about other issues but in terms of my-----

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

Cian O'Callaghan: On that basis, I am happy to withdraw the amendment.

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

Cian O'Callaghan: I ask the Minister of State to explain the rationale behind this section.

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

Cian O'Callaghan: I can see the advantage of it. My concern is probably around absolute privilege. What limitations does this impose? Does it have to be worded that way? I understand completely why there should be protection for people. I think that is right. I just have concerns around absolute privilege. Does it have to go that far?

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

Cian O'Callaghan: I am happy enough so I will not oppose the section.

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

Cian O'Callaghan: I move amendment No. 46: In page 58, lines 31 and 32, to delete “not exceeding the fee specified under section 34(2)(g)”. This concerns what happens when someone is removed from the register and reapplies. This part of the Bill states that the board will set a fee that will not exceed the standard fees of registration. On face value, this seems fair enough. The issue...

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

Cian O'Callaghan: I agree that sanctions should be elsewhere. This is about whether we effectively punish the compliant people by making them carry the cost of the non-compliant. In a way, there is a bit of a shadow cast because the board may attach conditions as it sees fit. This is what the section allows for. There is already the very fact that the person or entity has been removed from the register or...

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

Cian O'Callaghan: I move amendment No. 47: In page 59, lines 13 to 16, to delete all words from and including “(1) The” in line 13 down to and including line 16 and substitute the following: “(1) The registration body shall publish a decision confirmed or given by the High Court under section 52 or 53, or a conviction under section 60.”. Amendments Nos. 47 and 48 are...

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

Cian O'Callaghan: I thank the Minister of State for his response to those amendments and to the earlier two amendments. Regarding amendment No. 49, I was particularly struck by the three-year period. I accept that sanctions could be imposed for minor matters. A registered person could receive successive sanctions spanning a number of years which would end up not being published. If someone has received...

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

Cian O'Callaghan: I appreciate that people who sign up to a voluntary register are more likely to be compliant. Our understanding is that with the current voluntary register, there have been no sanctions imposed of any sort, minor or otherwise. Is that the case?

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

Cian O'Callaghan: It is hard to create an equivalence.

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