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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)

Cian O'Callaghan: It would be helpful to hear the Minister of State's rationale. Deputy Ó Broin's amendment is very good but my amendment comes at this from a different point of view. It does not name the public agency that would be involved but it would confine it to a public agency, which I think makes sense. We have not heard the rationale from the Minister of State as to why he thinks it is...

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

Cian O'Callaghan: I wish to make just a quick comment. There is a bit of a contradiction here. We are being told that the Construction Industry Federation is the appropriate body to run the statutory register because of its experience of running the voluntary register. That is valid. At the same time, we are being told that we cannot read anything into the fact that nobody has been struck off, because it...

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

Cian O'Callaghan: I move amendment No. 4: In page 10, to delete lines 17 to 26.

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

Cian O'Callaghan: I move amendment No. 5: In page 11, to delete line 13. My question is about the definition of "public morality". Where is it defined? All I could find was a Dáil debate on it almost 100 years ago in 1928. The contributions in that Dáil debate 100 years ago said that they were not sure that this was a good term to be putting into legislation because of its loose definition.

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

Cian O'Callaghan: It is a mistake. It is meant to be "contrary to public morality", not "public policy". That is line 12.

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

Cian O'Callaghan: Yes. To be clear, the amendment seeks to delete the line "contrary to public morality," not "contrary to public policy,".

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

Cian O'Callaghan: I am looking for an explanation of the definition of "public morality." As I have said, I looked and all I could find was that debate from almost 100 years ago in 1928 where various Deputies were not happy that it was a properly defined term. They were quite clear, even 100 years ago, that they felt it was quite a loose definition, and that the concepts of what is public morality and what...

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

Cian O'Callaghan: Do we know if there is a definition anywhere? All I could find was references in a 1928 Dáil debate where it was used in legislation back then, I believe for the first time. There was a lot of objection to the use of the term, with people saying that it was a very loose definition. In those Dáil debates there was really no definition settled on or given to it at all.

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

Cian O'Callaghan: If the Minister of State could, that would be welcome.

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

Cian O'Callaghan: It is really just to find out it means and where is the definition around it.

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

Cian O'Callaghan: To be fair, becuase there is obviously a typographic error - and I do not know whose end this is at - I will withdraw the amendment today and may bring it back on Report Stage. Presumably I would not do that, but I would appreciate a definition.

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

Cian O'Callaghan: Yes, but I may reintroduce it.

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

Cian O'Callaghan: I move amendment No. 7: In page 12, line 2, to delete “periodic” and substitute “annual”. This a straightforward amendment to replace the word "periodic" in terms of a person being appointed by the Minister to carry out inspections of the registration body, audits on the performance of the registration body and reviews. Rather than these being periodic...

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

Cian O'Callaghan: I appreciate the annual report but should there not be an annual audit of the performance? What will be the arrangements in terms of auditing performance?

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

Cian O'Callaghan: I appreciate the response but given the importance of this body and especially given that the amendments Deputy Ó Broin and I tabled to section 8 were not passed, it is critically important that the performance of this body is audited on an annual basis. Left at the discretion of the Minister, it could go on for years without it. I will certainly press this amendment.

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

Cian O'Callaghan: I move amendment No. 8: In page 12, line 5, after “accordingly.” to insert the following: “This report shall also be furnished to the Joint Oireachtas Committee on Housing, Local Government and Heritage.”. This is quite a straightforward amendment. It seeks that where inspections, reviews or audits and reports are furnished to the Minister by a person who...

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

Cian O'Callaghan: It is similar. Amendment No. 10 relates to section 17 of the Bill which is about the annual report. It calls for the annual report to be furnished directly to this committee. I appreciate that it would probably be available in any event, but there is a difference. If it is sent directly, in a practical sense, it means it comes to everybody's attention. It is in the correspondence list....

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

Cian O'Callaghan: I move amendment No. 10: In page 17, line 20, after “Minister” to insert “and the Joint Oireachtas Committee on Housing, Local Government and Heritage”. On the basis that amendment No. 8, which was the more significant of my amendments and made the annual report more easily accessed, was agreed, I am happy to withdraw this amendment.

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

Cian O'Callaghan: I move amendment No. 11: In page 17, to delete lines 25 and 26 and substitute the following: “(3) The annual report shall include details on: (a) admissions; (b) appeals; (c) complaints; (d) investigations; (e) sanctions; (f) training; (g) Board and committee member; (h) disclosure of interests; and (i) any additional information requested by the Minister.”. ...

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

Cian O'Callaghan: I thank the Minister of State. He did not mention a disclosure of interests. Is that something that the report would include?

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