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Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 100: In page 45, to delete lines 25 to 29 and substitute the following: "(8) (a) The Admissions Board may require, in accordance with Article 14 of the Directive, that a person who makes an application under this section shall complete an adaptation period of up to 3 years or take an aptitude test. (b) For that purpose, the Admissions Board shall serve a notice on the...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 101: In page 45, to delete lines 41 to 45 and substitute the following: "(ii) without prejudice to subsection (8), the applicant should obtain a knowledge of language necessary for practising building surveying in the State,".

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 102: In page 46, to delete lines 3 to 7 and substitute the following: "(11) A person who is registered pursuant to this section shall— (a) use the professional title —"building surveyor", and (b) unless he or she is a member of a body referred to in Annex 1 of the Directive, not expressly represent or imply, by use of any words or letters, that he or she is a member...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 103: In page 46, between lines 19 and 20, to insert the following: "(14) (a) If it appears to the Admissions Board that a person who is registered in the register pursuant to this section— (i) has, in a case where subsection (8) applies, failed to complete successfully an adaptation period or take and pass an aptitude test, as the case may be, mentioned in that...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 104: In page 47, between lines 22 and 23, to insert the following: "(4) Paragraph (a) or (d) of subsection (1) shall not apply to a person who has— (a) applied for registration under this Part and in respect of whom the Admissions Board or the Technical Assessment Board, as the case may be, has not made a decision on that application (and the person has not withdrawn...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: On behalf of the Minister and myself, I thank those who co-operated with and participated in the debate. It is great to see a Bill that was initiated in 2005 being brought to fruition. I thank the staff of the Oireachtas for their hard work, and the Parliamentary Counsel and my own staff in the Department for their excellent work. I hope the Bill will pass all Stages in the Seanad soon.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: It depends on the interpretation one places on the word adequate because the Bill goes on to state that it will enable people with disabilities to safely and independently access and use buildings.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: This can be interpreted as meaning all of these elements will be put in place to ensure this is possible. We are engaged in a process of consultation with people with disabilities on regulations and we are taking this process seriously. It is our intention to accommodate, as far as possible, all of the misgivings that exist.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: Access to public buildings is covered under the Disability Act 2005. I do not believe it necessary to carry this amendment and ask the deputy to withdraw it.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: Deputy Cuffe's amendment refers to section 4(c) and this subsection provides for the prohibition of the opening, operation or occupation of a building that has not got a fire safety certificate, a disability access certificate, a revised certificate of either kind or a regularisation certificate if required or where any of the certificates are the subject of an appeal to An Bord Pleanála...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: We have, by and large, provided the clarification sought by Deputy Cuffe. On the second point, while it could form the subject of a major debate, a working party report has issued a recommendation on the matter. Given that the Department is examining the feasibility of the recommendation, it should be debated on another day.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: We will take into account the Deputy's comments, which were well-made, when examining the issue of self-regulation. The Bill establishes a process of regularisation under which works will be subject to inspection and more stringent conditions will be imposed before a regularisation certificate issues.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 20: In page 11, to delete lines 3 to 8 and substitute the following: "(i) by inserting after subsection (2) the following: "(2A) References in subsection (2)(a)(iv) to (xi) to a material alteration of a building include references to a material change of use of a building and, for the purposes of those provisions as they apply in relation to such a material change of use,...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 21: In page 11, to delete lines 18 to 48, to delete pages 12 and 13 and in page 14, to delete lines 1 to 35.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: While I understand the purpose of Deputy O'Dowd's amendment, with which I agree in principle, I am advised that were I to accept it, further wording would be needed to ensure the building control authority would be empowered to collect such costs. For this reason, I cannot accept the amendment.

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I have a particular difficulty with this amendment in that it was disallowed and we did not, therefore, give it any consideration. Were we to accept it, additional wording would be required in regard to the connectional costs and all the data that go with it. In the circumstances in which it is recommitted, I cannot accept the amendment in its present form. We could, however, consider it...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 28: In page 16, to delete lines 29 and 30 and substitute the following: "8.—Section 12 of the Act of 1990 is amended— (a) in subsection (1) by substituting "the building control authority concerned may apply to the High Court or the Circuit Court for an order" for "the building control authority concerned may apply to the High Court for an order", (b) by inserting the...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 29: In page 16, lines 46 and 47, to delete "may apply to the High Court for an order" and substitute the following: "may apply to the High Court or the Circuit Court for an order".

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: I move amendment No. 31: In page 17, to delete lines 1 and 2 and substitute the following: "complied with or the enforcement notice has been complied with.", (c) in subsection (2) by substituting "and where such an application is made, the High Court or the Circuit Court, as the case may be, may" for "and where such an application is made, the High Court may", (d) in subsection (3) by...

Building Control Bill 2005: Report Stage (Resumed) and Final Stage (1 Mar 2007)

Batt O'Keeffe: This amendment relates to the one I have proposed to deal with in the Seanad.

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