Results 8,341-8,360 of 15,265 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 concur with the Deputy, and my amendment is trying to achieve the same objective. I find subsection (4) very odd. If I make a complaint to the Residential Tenancies Board today about my landlord breaching the terms of the tenancy agreement, the first thing the RTB will do is recommend mediation. As I always recommend to constituents, always go for mediation. It is the reasonable thing...

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 can the board not impose 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: It is a similar point. Section 58 deals with publication of sanctions and convictions. Subsection (1) indicates that, "The registration body, where satisfied that it is in the public interest to do so," but I would have thought that any sanction or conviction of any construction industry professional is in the public interest to be known. It seems self-evident. I cannot think of any...

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 has raised the bar regarding expectations for Report Stage with his willingness to look at the two earlier amendments. I acknowledge his flexibility on that, which is very welcome. As he said, advice is included in the list of minor sanctions in section 8 and he makes a reasonable point on that. It can also mean a reprimand, a caution or a combination of those. What...

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?