Written answers

Tuesday, 22 September 2015

Department of Jobs, Enterprise and Innovation

Construction Contracts Act 2013

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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450. To ask the Minister for Jobs, Enterprise and Innovation if he will provide a progress report on the appointment of the panel of adjudicators in respect of the Construction Contracts Act 2013; when this will be completed and fully operational; and if he will make a statement on the matter. [31413/15]

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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451. To ask the Minister for Jobs, Enterprise and Innovation The procedures involved in appointing the chairperson to the panel of adjudicators in respect of the Construction Contracts Act 2013; and if he will make a statement on the matter. [31414/15]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I propose to take Questions Nos. 450 and 451 together.

The Government is committed to the earliest possible implementation of the Construction Contracts Act, 2013 and, as a consequence, approved the delegation of responsibility for its implementation to my colleague, the Minister of State for Business and Employment, Mr. Gerald Nash T.D.

Minister Nash is taking all the necessary actions to bring about implementation of the legislation. He appointed Dr. Nael G. Bunni, firstly as a member of the Construction Contracts Adjudication Panel and subsequently as Chairperson. His appointment as Chairperson is for a three year term which commenced on the 8th July 2015, and this followed the receipt of the appropriate sanction from the Department of Public Expenditure and Reform.

Dr. Bunni was identified to Minister Nash as exceptionally well qualified to fulfil the role and responsibilities of Chairperson of the Panel. Dr. Bunni is widely respected for having extensive experience of dispute resolution in the construction industry, both at home and internationally. Minister Nash met with Dr. Bunni and satisfied himself that he was appropriately qualified, following which Dr. Bunni was invited to, and appeared before, the Oireachtas Joint Committee on Jobs, Enterprise and Innovation on the 26th May.

The Public Appointments Service has, on behalf of my Department, engaged in an open competitive process for the selection of members for the Panel of Adjudicators. The closing date for the competition was the 18th September. Minister Nash will appoint suitably qualified candidates to the Panel following the completion of the assessment process by the Public Appointments Service.

A draft Code of Practice for the conduct of adjudications, which is required under the legislation, is being reviewed within my Department and the relevant stakeholders will be consulted prior to the publication of the Code by Statutory Instrument.

These preparatory arrangements are necessary prior to the commencement of the legislation and once they have been finalised, a date for implementation of the Act will be announced in advance to provide sufficient notice to those affected by the Act's provisions.

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