Written answers
Tuesday, 18 June 2013
Department of Environment, Community and Local Government
Ministerial Appointments
Arthur Spring (Kerry North-West Limerick, Labour)
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345. To ask the Minister for Environment, Community and Local Government further to Parliamentary Questions No. 51 of 3 May 2012 and 437 of 16 October 2012, if he will provide an update on the appointment of the chairperson and the nomination of the majority of non-architect members to the Professional Conduct Committee in line with Section 23 of the Building Control Act 2007; the proposed role the committee will play in settling disputes between architects and their clients; and if he will make a statement on the matter. [29231/13]
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Section 23 of the Building Control Act 2007 provides for the establishment of a Professional Conduct Committee (the Committee) consisting of a chairperson and up to 11 ord inary members for the purpose of dealing with complaints of professional misconduct or poor professional performance made against registered architects. I have appointed Mr John K. O’Connell, Barrister, to serve as chairperson to the C ommittee for the three year period from 1 November 2012 until 31 October 2015. I have also nominated a majority of six ordinary members to serve on the Committee during the same period.
I understand that t he registration body (in this case the Royal Institution of Architects of Ireland) has prepare d a code specifying the standards of professional conduct and practice that are to be adhered to by registered professionals. Any person may complain to the Committee concerning an action by a registered architect which is alleged to amount to professional misconduct or poor professional performance. The Committee must first determine that a prima facie case exists. If the Committee is of the opinion that the complainant has failed, prima facie, to establish a case it will advise the complainant of this in writing and take no further action in relation to the matter. Where, however, t he Committee is satisfied that a prima facie case has been established , it may consider the case which may include holding an inquiry or , with the consent of the parties , mediation.
Where the Committee considers a complaint and determines that a registered professional is guilty of professional misconduct or poor professional performance, the Committee has the power to advise, admonish or censure the registered architect in relation to the performance complained of, or, subject to confirmation from the High Court of the Committee’s decision to exercise such powers, to impose a fine for a specified amount, to withdraw the person’s name from the register for a specified period, to erase the person’s name from the register or to impose conditions to be complied with by the registered professional in order for their name to remain on the register.
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