Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank Senators Moynihan and Warfield for their amendments, neither of which I will be accepting. I just want to explain why. Amendment No. 8 would seek to disqualify a trade union from being appointed as the registration body. Amendment No. 10 would seek to provide that the National Building Control and Market Surveillance Office, NBCO, will be appointed the registration body. The Office of the Attorney General has advised that the Bill should not name the body that is appointed as the registration body. There is no body specifically mentioned in the Bill. Where a body is appointed and is not performing the functions required, another entity may be appointed to perform the functions of the registration body under the Bill, without any amendment being required to primary legislation.

In the previous amendments on the construction of the board as well, we have made some changes. This will be completely independent, and rightly so. We need to get this register onto a statutory footing now. There are very good contractors out there who are competing against a small number in the grey economy and they require a level playing pitch. We cannot delay this.

I envisage that the Construction Industry Federation, CIF, will be appointed as the registration body. It is a registered trade union. It is preferable that a body with experience and expertise in the construction industry performs this function, similar to how the Royal Institute of the Architects of Ireland and the Society of Chartered Surveys Ireland operate statutory registers for architects and surveyors, respectively. There is no question we have many legacy issues that I am dealing with and I will agree with Senators Moynihan and Warfield on this. I see that the quality of the work that is being done now when I visit the many sites across the country is exceptional.

There are a number of safeguards in place to ensure and maintain the independence of this registration body. The 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 this Bill. The board of the registration body will be completely independent. The independence of the body will be maintained through following measures, and it is important these are important these are put on the record of the Seanad: all powers of the registration body will be prescribed by legislation; all competency requirements for registration will be recommended by the board and prescribed by the Minister; the board will make decisions in relation to all sanctions, including removal from the register; removal from the register must be confirmed by the High Court; all prosecutions under the Act will be taken by the board or the Director of Public Prosecutions; all members of the appeals committee will be independent from the board and the registration body; and the Bill allows the functions of the registration body to be transferred if the body is not performing the functions appropriately.

In response to Senator Moynihan’s comment on Deputy O’Callaghan, any contact between the Department and the CIF was to ensure that the industry was able to review the Bill from a practical operational perspective and offer practical suggestions. The policies of the Bill were not subject to change following the consultation. I never met with them either. This is about its practical operation. Deputy O’Callaghan might want to put a slant on it and that is fine. I am used to that. I am more than happy with the robust structures that we put in place here. We need to get this register on a statutory basis before the summer recess. Therefore, I am opposing both amendments.