Seanad debates

Tuesday, 8 March 2011

Construction Contracts Bill 2010: Committee and Remaining Stages

 

4:00 am

Photo of Fiona O'MalleyFiona O'Malley (Independent)

It concerns the amendment. Before we get carried away by what we are doing, we must realise that everyone is agreed on the concept. However, the details are flawed. The Bill purports to protect suppliers but it does not protect suppliers and subcontractors. If we are taking the opportunity to fix something, we should do it comprehensively. The objection I have to section 2 of this Bill is that it continues to exclude materials from protection. I do not understand why. The exclusion of materials is referred to in the amendment which states:

(3) Subject to subsection (4) references in this Act to construction operations do not include the manufacture or delivery to a construction site of—

(a) building or engineering components or equipment,

(b) materials, plant or machinery, or

Some of the references to this Bill by Senator Quinn concerned companies that have gone to the wall because they were not paid by major construction companies. However, this Bill will not protect these people. The exclusion of people who supply materials, whether concrete or other materials, means they do not get protection. I will discuss this point again in section 5. I ask the Minister of State to consider removing this section because it weakens the legislation. I am interested in hearing the justification for leaving this section in the Bill.

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