Brian Hayes (Dublin South West, Fine Gael) | Oireachtas source

The Bill does not involve retrospective activity and it cannot do so under the Constitution. We are only responsible for legislation enacted from this day forth. Needless to say, the issue referred to by the Senator is straightforward theft, and if somebody has taken plant and machinery from a contractor or subcontractor, the appropriate sanction would have to be brought through the Garda or other international agencies.

The Senator raises a very important issue, with which the Government is grappling, of how we can ensure that those who win contracts are effectively people who have a good standing within the construction industry and comply with employment and other health and safety legislation that is in place. It is a very important point. The Government is currently working on a proposal to introduce what is called a statutory register, whereby construction contractors who are fully compliant in all legislation that goes through these Houses would be put on a register, and it would be a matter for public authorities to utilise those. We do not have recourse to that at the moment, which is a major problem. One of the more recent analyses of the National Employment Rights Authority, NERA, which considers these issues, has shown a significant problem of non-compliance in the construction industry. That is not only non-compliance in terms of legislation, and this Bill will deal with the real problem of payment.

Considering the construction industry as a whole, there are not enough contracts in place, and we hope that as a result of Senator Quinn's Bill there will be a standard upon which the industry can go forward. As part of the new armoury we are obtaining under the Bill, we must also have a regulatory statutory instrument to ensure that cowboys will be clearly and demonstrably outside the loop. Those who comply with the legislation should be clear for all to see.