Dermot Ahern (Louth, Fianna Fail)

Amendment No. 51 inserts a new section 45. In accordance with sections 30, 31 and 35, a licence will not be issued or renewed unless the applicant provides evidence that he or she has the required level of professional indemnity insurance. The new section 45 is intended to ensure the required insurance is maintained throughout the period of validity of the licence. Subsection (1) of the new section prohibits the provision of a property service by an employer who is an individual or independent contractor unless he or she has adequate professional indemnity insurance. Subsection (2) imposes the same obligation on property service employers in respect of their principal officers and employees. Subsection (3) empowers the authority to issue guidelines in relation to the operation of subsections (1) and (2).

Amendment No. 5 amends the definition of improper conduct, to provide that a contravention of section 45 amounts to improper conduct by the relevant licensee.

Amendment agreed to.

Government amendment No. 6:

In page 13, subsection (1), between lines 35 and 36, to insert the following:

" "independent contractor" means an individual who provides a property service where—

(a) no employee of the individual provides such service on behalf of the individual, and

(b) in the case of an individual who is a partner in a partnership, no other principal officer provides such service on behalf of the individual,

and whether or not the individual engages in any other business;".