Results 8,021-8,040 of 14,980 for speaker:Eoin Ó Broin

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: That is very clear. However, section 44(2)(b) and (c) do not stipulate that the complaint does not meet the grounds set out in section 44(1)(a) through to (h). They add additional grounds upon which a complaint can be rejected, that it is not made in good faith. How does one determine something is not made in good faith? I could make a complaint under section 44(1)(a), for example. Who...

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 happy to withdraw the amendment. I am not being obstructive.

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: However, if the Minister of State could give some clarity, by way of a note to the committee either before Report Stage or the Bill going to the Seanad, on what is the natural or ordinary meaning of those terms from a legislative point of view, that would be helpful.

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 reserve the right to reintroduce them on Report Stage.

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. 39: In page 46, line 4, to delete “is satisfied” and substitute “can demonstrate”.

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: It is important to remember that if mediation fails in the Residential Tenancies Board process - obviously, it is a different process and I accept they are not completely analogous - it is at that point that information can be submitted. There is a way of improving the wording of section 44(4) that would permit additional information but would not require a fresh complaint. It may simply 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 move amendment No. 41: 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 make a legally binding determination”. I am happy to withdraw the amendment and reserve the right to reintroduce 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: I move amendment No. 42: In page 51, lines 34 and 35, to delete “not make any recommendation, or express any opinion, in the report” and substitute “make a recommendation”. I am a little perplexed by section 48(3) but, again, I am open to be persuaded that it should be this way. The relevant section states "the inspector shall not make any recommendation, or...

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, I am not proposing that the inspector makes the decision. My proposal is for a dual approach. The inspectors, based on all the information they have, make a recommendation but ultimately, for the very reasons the Minister of State has outlined, the board must then decide if that recommendation is appropriate or not. I fail to see why the Minister of State would not allow the...

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 one more question to ask that may be dealt with somewhere in the Bill and I have not come across it. Consider the situation when the board is making the decision of what sanction to apply. The inspector comes along, having completed an investigation, and tells the board that he or she is of the view that improper conduct by the registered person has occurred. Where in the Bill is...

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: Section 49 sets out the range of sanctions. I am asking about the criteria against which the board would determine which of the sanctions is appropriate. I do not see that in section 49 but it could be that I am not reading it properly.

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: Is the Minister of State talking about section 49(2)(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: That section states, "If it is satisfied that improper conduct by a registered person to whom the investigation report relates has occurred is occurring, shall, as it thinks fit ..." We are not setting out how the board should make its decision.

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 asking for a reason. Let us take the most extreme case in which there is serious improper conduct or allegations thereof and a decision is made to strike somebody off the register. The individual or company struck off the register then decides to test that decision in court. I would have thought that one of the things such a person or company would be looking to challenge would be the...

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 only asking this to tease out the issue. It is a genuine question. On that basis, I am happy to withdraw the amendment but I may come back in on section 54. I will need some time to read it again before Report Stage.

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 order of fines-----

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: Why Is the Minister of State saying that it has to go to the courts?

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: Not obviously, because I am making the point. What scale of fine is serious in that context?

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 heard the Minister of State but I am going to explain why I do not believe that is the case. In the Minister of State's view, what order of fine are we talking about for a prosecution to be required,?

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 talking about the amount of money. What is the level of fine?