Seanad debates

Wednesday, 19 May 2010

Construction Contracts Bill 2010: Second Stage

 

6:00 pm

Photo of Ivor CallelyIvor Callely (Fianna Fail)

I wish to share time with Senators Jim Walsh and Maria Corrigan, with the permission of the House.

First, I congratulate my good friend, Senator Feargal Quinn, on the presentation of his Bill and his explanatory memorandum, for a job well done. I welcome the Construction Industry Federation representatives and other interested parties in the Gallery, including the former Minister of State, Mr. Tom Parlon.

This Private Members' debate takes place against the background of a clear recognition of the need to address issues relating to payments under construction contracts. This issue and related matters under construction contracts warrant attention, debate and suitable legislation. The proposals contained in the Bill are very welcome, and seek to address some very troublesome issues under such construction contracts. While a great deal is covered in Senator Quinn's Bill, the area is very complex and we all agree the proposals contained in the Bill can be strengthened and improved. Like others in the House I have come across cases where disputes have arisen over the withholding of payments or over the quality of work done between contractors, subcontractors, quantity surveyors, engineers, architects and others involved in construction projects. Some of these disputes are clear and can be easily measured. Others manifest themselves in 100 different ways. Such situations demand appropriate address and when such disputes arise they can cause serious destruction on some projects and can have real implications for others who are not necessarily involved as regards payment or in the actual disputes but who can still suffer from the fall-out.

I welcome the widespread agreement and especially the Minister of State's contribution as regards commencing a consultation process with industry representatives to address the issues with practical measures, as he put it, and to come back to the House within five months. There are just two matters about which I seek a response from the Minister of State. When will the consultation process begin, who will chair and co-ordinate it and how will interested parties be accommodated in making their submissions? Will the statutory authorities be involved in the consultation process such as local authorities, Revenue and so on?

While we approach this matter with a genuine desire to find suitable resolution and return to the House within five months with Government legislation, such legislation should contain the provision that after it is enacted it will accommodate a review and consultation process with interested parties who contributed to it in order to assess its success or otherwise and if necessary to amend it after this review has been carried out.

Comments

No comments

Log in or join to post a public comment.