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

Batt O'Keeffe: The subsection we were discussing when Deputy O'Dowd asked his original questions relates to Irish nationals only.

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

Batt O'Keeffe: I move amendment No. 48: In page 22, between lines 5 and 6, to insert the following: "(6) So much of the provisions of this section or section 14 as have effect in cases where— (a) the person concerned is a national of a Member State, (b) any act or thing is done or awarded or issued in, or by a competent authority of, a Member State, or (c) a matter is provided under the law of a Member...

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

Batt O'Keeffe: I move amendment No. 49: In page 22, line 20, to delete "The Admissions Board" and substitute the following: "Subject to the provisions of the Directive, the Admissions Board". Amendments Nos. 49, 77 and 99 set out drafting changes to ensure compliance with EU Directive 2005/36/EC on mutual recognition of professional qualifications. They relate to instances where persons from abroad apply...

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

Batt O'Keeffe: Section 14(4) enables the architects admissions board to set up an interview at which at least four members of the board would be present. As there will be only three architects on the board, at least one member of an interview board will have to be a non-architect. Amendment No. 50 would require at least two members of an interview board to be other than architects, which is a tying of the...

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

Batt O'Keeffe: I move amendment No. 51: In page 22, to delete lines 37 to 41 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: Order for Report Stage (1 Mar 2007)

Batt O'Keeffe: I move: That Report Stage be taken now.

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

Batt O'Keeffe: I move to recommit in respect of amendments Nos. 1 and 20 to 26, inclusive. When this Bill was published in 2005 it was intended that it would transpose certain provisions of the EU directive on energy performance of buildings of 16 December 2002.

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

Batt O'Keeffe: I move amendment No. 1: In page 5, lines 6 to 10, to delete all words from and including "TO" in line 6 down to and including "BUILDINGS;" in line 10. The provisions in section 5 of the Bill are no longer necessary. Amendment No. 1 proposes to delete the reference in the Long Title to the implementation of the directive. Amendment No. 21 deletes section 5 and related references in section...

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

Batt O'Keeffe: It does not impact on them.

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

Batt O'Keeffe: This Bill amends the Building Control Act 1990 and the two Acts will be cited together as the Building Control Acts 1990 and 2005. The Bill deals with the registration of building professionals. I understand why the amendment is proposed but in order to allow this Bill to be construed with the building control code the wording as set out in the Bill is correct.

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

Batt O'Keeffe: Deputy Quinn raised this issue on Committee Stage and, as I understand it, his concern is that from the commencement of section 15 it would be unlawful for anyone who was not registered to use the title architect but that there was no provision for a period of time for people to register. Since Committee Stage my Department has considered this matter with the parliamentary draftsmen. Our...

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

Batt O'Keeffe: I move amendment No. 4: In page 6, between lines 2 and 3, to insert the following: ""Agreement establishing the World Trade Organisation" means the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994 as amended or supplemented by any protocol to that Agreement which is for the time being in force in the State;". This group of amendments seeks to insert some...

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

Batt O'Keeffe: This amendment relates to later amendments tabled by Deputy Quinn in which he proposes inserting a requirement that where architects are appointed to various boards under the Bill a certain number should be architects in practice. This could, however, unnecessarily restrict the operation of the Act because it may be difficult at times to get sufficient practising architects to serve on...

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

Batt O'Keeffe: I move amendment No. 6: In page 6, line 9, after "qualifications" to insert the following: "as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania". This is a drafting amendment which seeks to insert some necessary new definitions and to extend and clarify...

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

Batt O'Keeffe: I move amendment No. 7: In page 6, between lines 14 and 15, to insert the following: ""member of the World Trade Organisation" means a party to the Agreement establishing the World Trade Organisation;".

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

Batt O'Keeffe: The effect of these amendments would be to label the registration procedure under sections 19 and 20 as the "grandfather clause". The procedure is set out clearly in those sections and there is no reason to add to it with this amendment giving it a formal title. The procedure for architects applying for registration on the basis of training acquired by practical means is set down in section...

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

Batt O'Keeffe: We are anxious to be helpful on this matter. Section 20 deals with people with practical experience, but that does not presume or assume that an academic qualification is necessary. I propose to accept amendment No. 8 but I have problems with amendment No. 9. Further legal advice is required on that amendment. It could be considered in the Seanad, if that is acceptable.

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

Batt O'Keeffe: I move amendment No. 10: In page 6, line 21, to delete "an EEA State" and substitute "a Member State of the EEA". This drafting amendment seeks to clarify the existing definition of a European Economic Area, EEA, state.

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

Batt O'Keeffe: I move amendment No. 11: In page 6, between lines 27 and 28, to insert the following: ""poor professional performance", in relation to a registered professional, means any failure of the registered professional to meet the standards of competence that may reasonably be expected of registered professionals practising the profession concerned;". This amendment becomes necessary following...

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

Batt O'Keeffe: In response to Deputy O'Dowd, the definition in amendment No. 11 is as follows.

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