Written answers

Tuesday, 10 May 2011

Department of Finance

Legislative Programme

9:00 pm

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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Question 81: To ask the Minister for Finance his plans to amend the Construction Contracts Bill 2011 to ensure that contracts less than €200,000 are not excluded from the Act in order that the majority of small and medium contractors and specialists contractors benefit from the Act; and his plans to amend the Act to ensure that the adjudicators decision is binding when the dispute is referred to arbitration to protect the most vulnerable people serving the construction industry. [10264/11]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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The Deputy will be aware that the Construction Contracts Bill 2010 was introduced by Senator Feargal Quinn and passed Committee and Remaining Stages in the Seanad on 8 March 2011. It is now placed before the Dáil. In relation to the exemption of contracts below €200,000 from the Construction Contracts Bill 2010, I understand that the Senator pointed out in the Seanad that this threshold was proposed to reduce the administrative burden on contractors involved in smaller contracts.

I understand that the provision making the decision of an adjudicator non-binding where the dispute is referred to arbitration was included in the Senator's Bill to ensure that the State had the right to appeal a decision to protect the taxpayer. These two concerns remain valid, nonetheless, I am now examining the Bill and will then decide how best to proceed. It is important that a solution to the problem of non-payment must not place an unnecessary regulatory or cost burden on the parties to the dispute, other parties involved in the project, or the State.

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