Seanad debates

Tuesday, 8 March 2011

Construction Contracts Bill 2010: Committee and Remaining Stages

 

5:00 am

Photo of Feargal QuinnFeargal Quinn (Independent)

I move amendment No. 8:

In page 7, before section 9, to insert the following new section:

9.—(1) The Minister shall from time to time select persons to be members of a panel (in this section referred to as the "panel") to act as adjudicators in relation to payment disputes and shall select one of those persons to chair the panel.

(2) Persons selected under subsection (1) shall be members of the panel for a period of 5 years commencing on the date of selection and shall be eligible for reselection at the end of the period of 5 years.

(3) The Minister may, for good and sufficient reason, remove a member of the panel.

(4) A member of the panel may at any time resign by giving notice in writing to the Minister.

(5) In selecting persons to be members of the panel, the Minister shall have regard to their experience and expertise in dispute resolution procedures under construction contracts; and a person may not be selected to be a member of the panel unless the person is a person of any of the descriptions specified in subsection (6).

(6) The descriptions of persons referred to in subsection (5) are as follows:

(a) a registered professional as defined in section 2 of the Building Control Act 2007;

(b) a chartered member of the Institution of Engineers of Ireland;

(c) a barrister;

(d) a solicitor;

(e) a fellow of the Chartered Institute of Arbitrators;

(f) a person with a qualification equivalent to any of those specified in paragraphs (a) to (e) duly obtained in any other Member State of the European Union.".

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