Results 8,001-8,020 of 14,980 for speaker:Eoin Ó Broin

Written Answers — Department of Housing, Planning, and Local Government: Housing Provision (10 Mar 2022)

Eoin Ó Broin: 221. To ask the Minister for Housing, Planning, and Local Government the number of social housing developments and units currently delayed due to issues arising from the application of the availability agreement formulae; if the formulae are being reviewed; and if so, when the review will be concluded. [13680/22]

Written Answers — Department of Housing, Planning, and Local Government: Housing Provision (10 Mar 2022)

Eoin Ó Broin: 222. To ask the Minister for Housing, Planning, and Local Government the number of approved housing body, capital advance leasing facility and capital assistance scheme units delivered in 2021 in each local authority; the average capital advance leasing facility and capital assistance scheme payment in each local authority per unit; the average all-in cost of the social housing units per...

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

Eoin Ó Broin: Alongside the question of who the registration body is, this is probably the single greatest weakness of this legislation. There is nothing in building control regulation or enforcement or in planning law that empowers any agency of the State to prevent someone from building again in the future if he or she has a proven track record of being in breach of building control or planning. I made...

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

Eoin Ó Broin: I am urging the Minister of State to use the technical expertise of his officials to look at the issue. The sanctions in later sanctions distinguish between serious breaches and less serious breaches involving a range of punishments. Being struck off is only one of those. I accept that people sometimes breach building regulations without knowing or understanding them. Sometimes they are...

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

Eoin Ó Broin: My amendment would allow people to make complaints on the basis of any breach. It is then up to the registration body and the relevant panel to decide what level of sanction then applies.

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

Eoin Ó Broin: I am not in any way being flippant with the following comment but I want to stress this. Let us imagine I am a developer and following an enforcement by a local authority, I have been found in significant breach of the building control regulations and I have been fined. Let us imagine some other legal binding documents, such as RTB determinations or planning decisions, reflect that....

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

Eoin Ó Broin: What the Minister of State is saying is interesting, which is that, on the advice of his officials, section 28 would permit the registration body to remove somebody from the register if, for example, it could be proven in a complaint that he or she was responsible for egregious breaches of building controls. People will look back at this exchange to see whether this provides the relief he...

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

Eoin Ó Broin: To be clear, are we talking about section 28(2)?

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

Eoin Ó Broin: The Minister of State is saying he believes that, for example, if somebody were to buy a property in a building where there were clear and evidenceable breaches of building control, he or she would be able to make a complaint to the board here and by citing section-----

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

Eoin Ó Broin: But before they can make the determination, someone has to be able to bring a case.

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

Eoin Ó Broin: They would be able to bring a case on the grounds of section 28(2) where they would use section 28(2) to say to the board that developer X built building Y, there are clear and evidenceable breaches of building control regulations, and, on that basis, they want a complaint to be heard. Is the Minister of State saying that he believes this legislation permits that?

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

Eoin Ó Broin: I am no longer arguing. I want to tease it out. For example, one could be a concluded enforcement proceedings by a building control authority. If we know a developer has built 48 apartments and has not lodged a single certificate of compliance, even if there is not building control enforcement, it is clear that the developer has breached the law because we know for a fact he or she did not...

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

Eoin Ó Broin: Would there have to be a conviction under the building control regulations?

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

Eoin Ó Broin: I move amendment No. 37: In page 45, between lines 34 and 35, to insert the following: “(i) failure to comply with planning permissions.”.

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

Eoin Ó Broin: I move amendment No. 38: In page 46, line 3, to delete “is satisfied” and substitute “can demonstrate”. The amendment relates to section 44, where the registrar can determine if a complaint is not made in good faith or if it is vexatious or frivolous. My concern is about the wording of the Bill as it stands, which is that "the Registrar is satisfied that" a...

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

Eoin Ó Broin: Again, I am open to being convinced on this. The Minister of State talks about the subsection and the complainant being given the reasons for the decision. Could he speak a bit more about the format he thinks that would take or what level of detail would be provided? On the one hand, it could have a restrictive interpretation, and it could just be a notice that the registrar is satisfied....

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

Eoin Ó Broin: Will it be the function of the board in advance of complaints being made to set out guidance for the registrar to provide criteria against which, for example, a decision can be made on whether a complaint is frivolous, vexatious or not made in good faith, would be decided and evidenced, or is it at the discretion of the registrar what the evidence could or should be?

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

Eoin Ó Broin: I get that. I appreciate what the Minister of State says. What I am asking is whether the registrar would be provided in advance with some guidance on what he or she should be looking for when making the inquiries. The reason I ask this is to protect the registrar because some of these decisions could end up in court. The Bill very clearly provides an opportunity for a court challenge to...

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

Eoin Ó Broin: I have a final question on this. Most of section 44(1) is the grounds of the complaint against the registered construction industry professional. Is the issue of a complaint being made in good faith, frivolous or vexatious, against the complainant set out somewhere in section 44 because I do not see it?

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

Eoin Ó Broin: In response to my last question, the Minister of State said the type of guidance or the areas it would make its inquiries are set out in section 44. Section 44(1) is the grounds of complaint. If I make a complaint and it does not fit within section 44(1) paragraphs (a) through to (h), for example, that is the ground upon which the registrar might say it does not fit into that section and...