Barry Cowen (Laois-Offaly, Fianna Fail)
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424. To ask the Minister for Environment, Community and Local Government if, under the building control regulations Statutory Instrument No. 9 of 2014, it is the case that the assigned certifier may be an employee of the developer; if this is the case, his views that this represents a potential conflict of interest in the inspection system; and if he will make a statement on the matter. [16561/15]

Paudie Coffey (Waterford, Fine Gael)
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S.I. No. 9 of 2014 has strengthened the arrangements in place for the control of building activity by empowering competence and professionalism in design and construction and by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certificates of compliance for design and construction, lodgement of compliance documentation, mandatory inspection during construction, and validation and registration of statutory certificates.

The statutory certificates of compliance must be signed by a competent registered professional. Registered professionals who fail to adhere to proper standards of professional practice leave themselves open to disciplinary proceedings by their professional body for malpractice or misconduct and ultimately place their own livelihood at risk.

It is not clear what useful purpose would be served by imposing a requirement for independent certification of design and construction certification along the lines suggested. The merits of a designer overseeing the implementation of their design cannot be overlooked. Neither is there any intention to constrain the capacity of all-in service delivery models in key sectors of the industry. Enforcement powers under the Building Control Acts 1990 to 2007 continue to be vested in the local building control authorities and it is here that independence is called for and in place.

Prior to its introduction, a commitment was given that S.I. No. 9 of 2014 would be reviewed after its first twelve months in operation. This review was formally announced on 2 April 201 5 and is currently open for public consultation. I am confident that the review will inform further steps that may be taken to refine and streamline the regulatory framework so that the building process can work effectively to serve the needs of both consumers and industry, while ensuring the quality of our future building stock. The closing date for the receipt of submissions under the public consultation process is 15 May 2015.