Results 8,061-8,080 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: I move amendment No. 48: In page 59, line 13, to delete “, where satisfied that it is in the public interest to do so,”.
- 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 will withdraw it but reserve the right to reintroduce it 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: Yes, briefly. This is an opportunity for the Minister of State to clarify the provisions of section 63, in which case I may be happy to withdraw our opposition to the section. Section 63 deals with the relationship between investigation and criminal proceedings. Subsection (1) states: If a sanction is imposed on a person under section 49(2) or sections 50, 52 or 53,as the case may 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 will respond for the purpose of teasing this out. This section is very clear. I refer to the lengthy discussion we had earlier on the interrelationship between failure to comply building control regulations and non-compliance with the competency requirements of the register. If, for example, builder A has been subject to building enforcement by a planning authority and that is used as...
- 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 does not in any way.
- 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 would only prevent criminal proceedings under the provisions of this Act with respect to competence.
- 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 would not under any set of circumstances prevent any criminal prosecutions under the Building Control Acts.
- 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 is the purpose of it here, just so we are clear?
- 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: This is explicitly about limiting the scope of third parties to take criminal proceedings on competence.
- 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 about using a decision of the board-----
- 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 would be if it was tried to use that in evidence in third party criminal proceedings in 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: Why would that be done? I understand what is being done but why is it being done?
- 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: Sure. I understand that but I am inviting the Minister of State to convince me of the merits of the section. Why would we want to limit the ability of a third party to take criminal proceedings against somebody from a competence perspective? Is it just because the board has made a decision and it is a case of double jeopardy?
- 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 my point. I get 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: Is it simply a case that we are saying the board has dealt with this matter ultimately through the courts, so somebody else should not be able to prosecute the same offence a second time?
- 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 a clear case of double jeopardy. Okay. A decision on competence could be relevant in terms of evidence to a building control case taken by a local authority. Why would we prohibit the local authority-----
- 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 know but if the body has done some pretty good investigations and it has led to a serious sanction, such as somebody being struck off, for example, depending on the legal advice on the building control, it should be admissible in court.
- 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.
- 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 accept all that. If, as part of the process, the authority can refer back to a decision by the registration board that somebody was struck off for non-compliance with competency regulations, it could be materially relevant in a building control case by a local authority.
- 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 accept all that but surely the relevance of a determination and sanction under this Act to a building control case should be a matter for a judge. The Minister of State is legally proscribing that, if I understand the section properly, from being used in such a case.