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

Fergus O'Dowd: But that is not stated.

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

Fergus O'Dowd: That is fine. That was my concern.

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

Fergus O'Dowd: I appreciate the Minister has proposed to change the numbers of members to be appointed, but he is not changing the stipulations on their origin. I do not doubt the integrity of the Minister or his Department in deciding what the numbers will be, and I appreciate the import of what the Minister of State said is that consumer interests are being addressed, but this is not stated explicitly in...

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

Fergus O'Dowd: I support Deputy Quinn. It is important that the highest possible test be used for those sitting in judgment. In this context it should refer to current and practising barristers or solicitors. That is not to detract from eminent and highly qualified former barristers or solicitors. These people must be practising in the field, at the cutting edge.

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

Fergus O'Dowd: Ba mhaith liom buíochas a ghabháil leis an Aire Stáit agus an Roinn a d'oibrigh go dian ar son an Bille seo agus leis na daoine a tháinig isteach anseo chun vótáil nach raibh coinne leis.

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

Fergus O'Dowd: I disagree with the Minister of State over the word "adequate". It is a subjective word because who is to say that something is adequate? The disability organisations have a clear view that the legislation is not adequate in this regard and they have serious ongoing concerns about it. One way around this issue is to have advocates for disability with regard to all such plans. The...

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

Fergus O'Dowd: Who decides that?

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

Fergus O'Dowd: On the question of all major developments, how many times in the Minister of State's town and my town have we seen people in wheelchairs who cannot use the footpaths. They use their electric wheelchairs on the main road because they cannot access the footpaths and buildings like everyone else. I stress the need for proper advocacy and, while I acknowledge the Minister of State's integrity...

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

Fergus O'Dowd: These are good amendments and I support them. I raised a key issue on Second and Committee Stages that fire safety officers have made the point that a significant number of local authorities have not inspected many of the buildings in Ireland for fire safety or method of construction. There is a serious concern that this situation could lead to a tragedy. There may be apartment buildings...

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

Fergus O'Dowd: Does the current provision not give retrospective consent to works that have not been inspected and about which concerns have been raised? The key point is that the Bill will allow people who have not conformed with the law to avoid sanction retrospectively by escaping through a gap in the inspection regime.

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

Fergus O'Dowd: I move amendment No. 27: In page 16, between lines 28 and 29, to insert the following: 8.—The Act of 1990 is amended in section 8(4) by the insertion of the following after paragraph (b): "(c) require the person or persons served with the notice, to refund to the Building Control Authority the costs and expenses reasonably incurred by the Authority in relation to the investigation,...

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

Fergus O'Dowd: It is unacceptable for the Minister of State to agree with the amendment while refusing to accept it. He accepts, for example, that the building control authority could incur substantial costs in policing and enforcing the regulations. In theory, these costs could run into hundreds of thousands or even millions of euro if the authority is required to employ experts or inspect a...

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

Fergus O'Dowd: I will be satisfied if the Minister of State does so. We both agree the principle ought to be enshrined in legislation. I am happy for the wording to be perfected for consideration in the Seanad.

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

Fergus O'Dowd: I will withdraw it on that basis.

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

Fergus O'Dowd: I propose to recommit this amendment.

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

Fergus O'Dowd: I move amendment No. 33: In page 17, between lines 6 and 7, to insert the following: "(b) in subsection (2)(a) by substituting "€25,000" for "£800",". A fine of €25,000 seems more appropriate than one of €800 where somebody is in breach of the legislation.

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

Fergus O'Dowd: The Minister is saying he does not agree with my proposal to increase the penalties and that there are other mechanisms that are equally punitive. I disagree with him in this regard. A clear declaration of intent must be made that those who are convicted will be penalised effectively. Under the planning legislation, for example, cases can go on forever and the fines ultimately imposed are...

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

Fergus O'Dowd: Fines must provide a salutary lesson that anybody who goes to court to defend the indefensible and is found guilty will pay the absolute price financially as well as every other way. Otherwise, people will not learn.

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

Fergus O'Dowd: I will accept that if the Minister of State undertakes to look at the issues in amendments Nos. 33 and 34.

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

Fergus O'Dowd: Is the Minister of State specifically referring to people from the EU accession countries?

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