Dáil Éireann debate -
Tuesday, 10 Jul 1990

Vol. 401 No. 4

Ceisteanna—Questions. Oral Answers. - Building Regulations.

Ruairí Quinn

Question:

7 Mr. Quinn asked the Minister for the Environment the action he proposes to take to ensure that the seven local authorities, including Dublin County Council and Dublin Corporation, who currently have legal responsibility for the administration of building by-laws, have the by-laws replaced with the building regulations as the standards referred to in the building by-laws are now in conflict with the recommended standards of the proposed building regulations, and their administration is in conflict with the achievement of efficient and good standards in the building industry; and if he will make a statement on the matter.

Gerry O'Sullivan

Question:

34 Mr. G. O'Sullivan asked the Minister for the Environment the reason he has failed to contact representatives of the construction industry to discuss the details of the operation of the Building Control Act, 1990, including establishment of the Building Regulations and Advisory Council; when he proposes to convene such a meeting; when he envisages that the Act will be fully operational; and if he will make a statement on the matter.

Mr. Flynn

I propose to take Questions Nos. 7 and 34 together.

Section 22 of the Building Control Act, 1990, provides, subject to transitional provisions, that building by-laws shall cease to have effect in any area on the day on which building regulations first come into operation in that area. Work is well advanced in my Department on preparation of Building Regulations to be made under the Act.

In accordance with EC Directive 83/189 EEC, which requires member States to consult the Commission in relation to any proposed technical regulations and standards, a draft of the building regulations will be forwarded in the near future to the Commission. Under the directive, the Commission and other member states are allowed three months to consider the proposals. When the necessary consultation with the Commission has been completed, there will be no undue delay in making regulations under the Act.

Further consultation in relation to the building regulations will shortly be arranged. The establishment of a building regulations advisory body is also being considered.

Mr. Quinn

Would it be in order to compliment the Minister for a masterful reply of evasion as he has successfully evaded Question No. 7 and the question he co-joined with it, Question No. 34? No doubt the Minister will have a very interesting dialogue with the EC Commission but let me ask him two specific questions. First, why he has not yet contacted the representatives of the building industry to discuss the establishment of a building council and, second, why have the building by-laws not been replaced by building regulations in the seven local authority areas, out of a total of 32, where this is required to be so done?

Mr. Flynn

In relation to questions posed by the Deputy, I would never seek to be evasive. The Deputy can rest assured that we will, as I said, be contacting interested parties about this matter as soon as it has been disposed of with the EC Commission. As I said in my initial reply and not seeking to be evasive——

Mr. Quinn

On a point of order, perhaps the Minister did not hear my question but all I asked was why he has not yet contacted the representatives of the building industry.

Mr. Flynn

He will.

Mr. Quinn

Why has he not yet done so?

An Ceann Comhairle

We are having a lot of repetition.

Mr. Flynn

We have accorded priority to the formulation of the submission to the EC, in accordance with the Directive.

Mr. Quinn

That is nonsense.

Mr. Flynn

We have to do that, as the Deputy knows.

Mr. Quinn

Absolute nonsense.

Mr. Flynn

We will then be happy to engage in consultation.

An Ceann Comhairle

We now proceed to deal with other questions, Question No. 8.

Mr. Flynn

The Deputy's position on that question has not changed over the past few months.