Dermot Ahern (Louth, Fianna Fail)

I recognise there were significant issues relating to the completion of multi-unit developments. I also acknowledge the very real concern which lies behind the amendment. However, I am not convinced the proposed mechanism in this amendment will resolve these problems. If a satisfactory agreement can be worked out between the parties, there is no obstacle to that.

Experience shows, however, that there is a need for binding remedies and this is the reason I have made specific provision in section 18 for dispute resolution. Section 18 already makes provision for a court-based mechanism to resolve disputes in regard to any rights or obligations arising in regard to the completion of a multi-unit development. In amendment No. 63, I propose that a new paragraph () to that section that the court may make a order directing a developer to complete the development in accordance with the terms of the contract or the Planning and Development Acts or the Building Control Acts. As I stated to my Department, I am very much in favour of the use of alternative dispute resolution mechanisms wherever possible to avoid costly court proceedings. For this reason, I have proposed in amendment No. 70 that a court may, of its own motion, direct the parties to engage in a mediation conference. I believe the courts will favour this option and the fact that it takes place with court oversight will encourage the parties to reach a satisfactory outcome. As matters stand, the alternative dispute resolution mechanism only kicks in at the instigation of one of the parties. While I am willing to reflect on the proposed new mechanism referred to in the amendment, the provisions in place in the Bill will prove more effective in solving the problems of non-completion raised.

Amendment, by leave, withdrawn.

Government amendment No. 4:

In page 3, subsection (1), lines 23 and 24, to delete "who carries out the development and construction" and substitute the following:

"who carries out or arranges for the development or construction".