David Norris (Independent) | Oireachtas source

If the Minister can address my problems, that is good. This is what debating in the Seanad is all about.

Legal opinion holds that the SI 9 ancillary certificates furnished by consultants and contractors cannot be relied on. There is no protection for the architects, therefore. The certificates do not have let-out clauses for fraud, dishonesty or concealment. In other words, an honest professional architect could be trapped by dishonesty and become a criminal as a result. The SI 9 certificates must be issued without provision for a defects liability period, a retention fund or continuing architectural authority to deal with post-completion problems.

Anybody who has bought a house, particularly a new one, will know that a certain amount is held back from the builder, thus protecting the consumer. The defects list must be completed and certified within a year. That system is gone, which is mad. Senator Cáit Keane, an old friend of mine and a very valued contributor to this House, made the point, probably on Government instruction, that this protects the consumer. I have pointed out that it does not and actually brings us back towards the very speculative behaviour that created the difficulty we are in.

I am very glad Fianna Fáil has learned from the mistakes and disasters in which this House was complicit. A few people, particularly my former Seanad colleague, Joe O'Toole, were continually sending warning signals about this. I supported the former Senator. I am very worried about the impact of the introduction of the regulation.

I will finish on a point I believe is significant. If the Government introduces regulations and then exempts some of its own operations from them, there is something pretty fishy about it.