Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I am pleased to have the opportunity to present the Regulation of Providers of Buildings Works Bill 2022 to the Seanad.

Many examples of building failure as a result of non-compliance with building regulations have come to light in recent years and may continue to emerge due to the absence of regulation in the construction sector. This contributed significantly to the large number of buildings constructed in Ireland which did not comply with statutory minimum standards of design and construction as set out in the building regulations.

The main objective of the Regulation of Providers of Building Works Bill 2022 is to develop and promote a culture of competence, good practice and compliance with the building regulations in the construction sector, which will benefit consumers and the general public. The establishment of a robust, mandatory and statutory register is critical for the development of a culture of competence and compliance in the construction sector. Mandatory statutory regulation is necessary to protect the public from the risks posed by defective buildings as it is the only way to ensure that builders can only take on work in which they are competent and registered to undertake.

Stronger compliance with building standards and the broader building control reform agenda are critical to key commitments made by the Government under Construction 2020 - A Strategy for Renewal of the Construction Sector. Under Housing for All, Construction 2020 and the Action Plan for Jobs the Government signalled its commitment to placing the construction industry register Ireland, CIRI, on a statutory footing.

Statutory registration of builders, as now provided for in the proposed Regulation of Providers of Building Works Bill 2022, is seen as an essential consumer protection measure giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. It is also seen as a critical step forward in addressing shadow economic activity in the construction sector and ensuring fairer competition for compliant operators in the industry.

The CIRI register was established on a voluntary basis in 2014 by the Construction Industry Federation. Approximately 800 building and contracting entities are currently included on the register. When the register is operating on a statutory footing it is envisaged that there may be in the order of at least 5,000 entities that will be required to register.

The legislation will require providers of building services to register with CIRI. This will apply to entities or individuals who hold themselves out for consideration as a provider of building works for both residential and non-residential buildings subject to the building regulations. It does not include employees of such entities but does include sole traders. This will have a significant impact on all sections of the construction industry from small contractors and craftspeople up to the larger construction companies.

Housing for All sets a target of an average of 33,000 dwellings per annum. The State plans to invest €20 billion in the next five years, which is the largest investment in the history of the State. This requires a vibrant and innovative construction sector that supports the development of its existing

The legislation will complement a number of key measures which the Government has put in place to strengthen the arrangements in place for the control of building activity following the widespread building failures that have emerged in recent years, including the revised Building Control (Amendment) Regulations 2014 (S.T. No. 9 of 2014), activation of registration arrangements for construction professionals provided for in the Building Control Act 2007, the development of the nationwide online building control management system and the move to risk-based, standardised inspections by local building control authorities. In addition to these reforms, the Department is also committed to establishing an independent building standards regulator to strengthen the oversight role of the State with the aim of further reducing the risk of building failures, and enhancing public confidence in construction-related activity.

I will now turn to the main provisions of this Bill. The Bill is comprised of 64 sections. It is divided into eight Parts and two Schedules as follows.

Part 1 sets out standard provisions relating to the Short Title, commencement, interpretation exemptions and general powers to make orders and regulations. It defines a "provider of building services", which is those who are covered by the Bill. This legislation will apply to any builder holding itself out for consideration or receiving payment for carrying out building works which are subject to the building regulations. It also outlines exemptions from registration such as electrical works which are covered under separate legislation. Also exempt are those who do works on their own buildings. This exemption does not apply to any contractor or subcontractor engaged.

Part 2 provides for the appointment of a registration body, the requirements for such a body, the appointment of a registrar, staff and inspectors, the functions and obligations of the body, and the transfer of functions if required. It provides for the remuneration of the boards, registrar and staff. It contains provision in relation to the funding for and fees that may be charged by the registration body.

Part 2 provides for the specification of fees related to registration and related activities, and the publication of an annual report by the registration body in relation to the discharge of its statutory functions under the Bill. The registration body requires the consent of the Minister to set the registration fees. The registration body is required to publish a report annually of its activities under the Act which shall be laid before the Oireachtas. The Minister may direct the body to provide any other information required, including any document or account prepared by them. Part 2 provides that the accounts of the registration body shall be audited and published, as appropriate. Finally, it contains provision to provide funding from the Exchequer and also policy in relation to the code of practice.

Part 3 provides for the establishment of the admissions and registration board, committees of the board and the appeals committee. It contains appropriate safeguards to ensure the independence and objectivity of the registration board and the appeals committee. I can advise that I will bring forward amendments to this Part of the Bill on Committee Stage.

Part 4 provides for the establishment of a mandatory statutory register of providers of building works to which the building regulations apply. The registration body will have delegated responsibility for the day-to-day maintenance of the register within the confines of the specific and limited parameters set out in the Bill, and provides for the registration of builders, including builders specialising in specific building elements and technologies. This will be achieved by establishing different divisions and subdivisions across the different elements of building works. The criteria to be used to determine competence required is set out in this Part, and that criteria will be used to determine the specific criteria to require to be considered competent to be registered in each division. Eligibility for registration can be achieved through qualifications, experience or a combination of both.

Part 4 provides that a competent person must fulfil the criteria for registration. It also outlines the procedures whereby a competent person leaves an entity and must be replaced. In addition, this Part provides that a subsidiary of an entity may fulfil the competence criteria for registration.

Part 5 provides for the operation of the register and outlines prohibitions against operating as a provider of building services while not registered. It outlines the application process and the requirements for registration and renewal of registration. These include a requirement to complete an induction course, undertake continuous professional development and provide evidence of tax clearance. This Part provides that the admissions and registration board may grant registration where it is satisfied that the applicant is eligible, and may refuse registration where it is not satisfied that is the case. It also provides for appeals of any such decisions.

Part 6 provides for the handling of complaints and appeals from applicants in relation to registration decisions, and from complainants in relation to the activities or conduct of registered members. It outlines the role and powers of the inspector who may investigate the complaint and the roles of the board, the appeals committee and the High Court in the imposition of sanctions. The board may impose major sanctions, for example, the removal or suspension from the register which are subject to an appeals process and require confirmation by the High Court.

Part 7 contains some miscellaneous provisions, including provision for offences and penalties. It provides for publication of sanctions and convictions, arrangements for restoration to the register and transitional arrangements in the event of a change in the appointment of the registration body.

Part 8 contains some administrative amendments to the Building Control Act 2007 regarding the statutory register for architects, building surveyors and quantity surveyors.

Schedule 1 details the provisions applicable to oral hearings held by the admissions and registrations board. Schedule 2 contains miscellaneous matters concerning the board and appeals committee, including provisions regarding the tenure of members and the procedures to be observed.In addition to these Parts, the Minister for Housing, Local Government and Heritage will bring forward amendments to the Bill on Committee Stage in respect of data processing and governance. These will be in line with the Data Protection Act 2018 and the Data Sharing and Governance Act 2019. I will also bring forward amendments to allow for the sharing of information by building control authorities on enforcement and prosecutions with the registration body. In addition, as I indicated in the Dáil on Report Stage, I will bring forward amendments to sections 21,22, 24, 26, 44 and 63.

Following enactment of the Bill, the Minister for Housing, Local Government and Heritage will appoint a registration body on a statutory basis. The main function of the registration body will be to assess the competence of any entity that wishes to register using criteria that will be set out in legislation for each division or subdivision of the register. These criteria will be relevant experience or qualifications or a combination of both. The registration body will establish committees to advise the Minister on these criteria, which will then be set out in legislation. The committees will be voluntary in nature and will be made up of public sector and industry representatives. Following this process, entities will join the register and must demonstrate they hold the appropriate competence to do so. There will be a statutory admissions and registration board and appeals board. It will operate in a similar way to statutory registration schemes for other professions.

I am out of time but still have several sections to deal with.