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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: I appreciate that.

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.

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 for the response. The key issue for me here is the independence of the inspectors. I am coming at it from a slightly different angle to Deputy Ó Broin and I am taking a broader view. Obviously, people who have the competence, the expertise and the skills in this area presumably will have been employed in the industry before, and will have done previous...

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. 17: In page 19, between lines 35 and 36, to insert the following: “(2)The inspector appointed undersubsection (1) shall- (a) be a person who, has satisfactory experience and competence to perform the functions required of them under this section, and (b) be independent in the performance of those functions.”.

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

Cian O'Callaghan: We are not discussing them together.

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

Cian O'Callaghan: Given what the Minister of State said, it is still a very reasonable amendment. It would be helpful to press.

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. 19: In page 20, to delete lines 24 to 35, and in page 21, to delete lines 1 to 3 and substitute the following “(4)The ordinary members of the Board shall be appointed by the Minister following an open competition as follows: (a) 8 persons who are nominated for such appointment by the Minister following consultation by him or her with the Minister for Further...

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

Cian O'Callaghan: On amendment No. 23, one of the nominations should come from the Irish Congress of Trade Unions. It has a representative role for people working in the sector but it is also very important that the interests of homeowners are reflected. As a representative body of union members, it reflects the interests of homeowners as well as people working in the industry, in that broader policy context...

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. 23: In page 20, between lines 30 and 31, to insert the following: “(iii) one of the five persons shall be a person nominated for appointment by the Irish Congress of Trade Unions;”.

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. 26: In page 22, to delete lines 24 to 26. This amendment relates to the appeals committee. It also relates to the discussion we just had. The purpose of the amendment is to delete the provision whereby half of the members of the appeals committee would be appointed by the registration body. It is the same principle. The legislation sets out that if the register...

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 happy to withdraw the amendment then.

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. 29: In page 36, line 8, after “section 43” to insert “including latent defects insurance”. This amendment is concerned with the registration process and what the applicant needs to furnish to the board as part of the application for registration. There is a list of different items that applicants have to furnish and this amendment seeks to...

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 for his response. The first part of the response is fair enough but I have a different view of the latter part. I do not think people who are looking to buy a home at the moment are necessarily aware of these issues. I know the Minister of State is saying we need to create an awareness but if those looking to buy a home, particularly now, manage to get...

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. 30: In page 36, lines 16 and 17, to delete “, within the last 10 years or since the establishment of the register whichever is the shorter period,”. Amendments Nos. 30 to 32, inclusive, relate to the application for registration and the information that an applicant has to provide. I have two issues with the wording of the Bill as it stands. I am not...

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

Cian O'Callaghan: On retrospectivity, the current wording in the Bill means that from day one of the establishment of the register, a person can apply and in regard to a conviction imposed a year beforehand, that person is not obliged to provide that information. Is the legal advice that this would not be acceptable in terms of retrospectivity?

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 it is advice from the Attorney General's office but I cannot grasp how that would not be relevant information for a registration board to seek. I find that very difficult-----

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

Cian O'Callaghan: Is the Minister of State saying that he will look at it and may be able to-----

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 that. Notwithstanding that advice, I have a very serious objection to this part of the Bill.

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. 31: In page 36, lines 26 and 27, to delete ", within the last 10 years or since the establishment of the register whichever is the shorter period,".

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