Seanad debates

Tuesday, 1 June 2010

Multi-Unit Developments Bill 2009: Report and Final Stages

 

4:00 pm

Photo of Ivana BacikIvana Bacik (Independent)

I should have referenced the Minister's amendment No. 10 which seems a good first step in meeting some of the concerns about completion the RIAI and the Labour Party have. The amendment requires a written contract between the developer and the owner's management company. While that would allay some of the concerns about the need to tighten up the completion provisions, the concern still remains that the other amendments proposed by the Minister do not build on this provision for a contract in writing. In particular, there is a lack of detail regarding how the contract will provide sufficiently for consumer protection.

Amendment No. 50 provides for alternative dispute resolution procedures and it is unfortunate that the Minister did not see fit to at least accept the principle involved. This might also allay concerns about disputes that arise following inadequate completion or a completion that was not carried out ultimately in a satisfactory manner. If there were an alternative dispute resolution procedure, this might provide for greater consumer protection.

It is correct that the Minister of State, Deputy Mansergh, speaking on behalf of the Government in the House on 19 May, expressed support for a system of adjudication similar to that operating in Britain, and we will come to that later when we debate amendment No. 50. The need for some form of a dispute resolution procedure is also linked to the issue of satisfactory completion

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