Written answers

Tuesday, 4 October 2011

Department of Justice, Equality and Defence

Proposed Legislation

8:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 286: To ask the Minister for Public Expenditure and Reform when the Construction Contracts Bill will be published; and if he will make a statement on the matter. [27188/11]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In addition, you may 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 before the Dáil.

My colleague Minister of State Mr Brian Hayes has been working with Senator Quinn to develop the Bill into a robust piece of legislation. In this regard, Minister Hayes and Senator Quinn met relevant stakeholders and opposition spokespersons on 28 June 2011. This consultation highlighted a number of matters relating to the Bill that required further consideration. These have been taken into account now in the Regulatory Impact Assessment (RIA) on the Bill which was completed recently and published on 27 September. The Report is available on my Department's website: www.per.gov.ie/reports. I understand that a note on this issue was circulated to all Oireachtas members last week.

The RIA examined issues relating to payment practices in the construction sector and assessed the need for legislative intervention. It found that legislation is desirable to improve payment practices and to allow swift resolution of payment disputes by way of adjudication, allowing projects to be completed without wasting time and money in litigation. In addition, the RIA examined the main proposals to amend the Bill that were raised during the Seanad debate and subsequent consultation.

Minister Hayes will reflect on the findings of the RIA and incorporate them in to the legislative proposals which will be brought to Government shortly for approval. It is essential that the solution to this issue needs to be balanced so as to avoid imposing regulatory or cost burdens on parties in dispute, the State or others.

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