We will suspend briefly before the Minister of State comes in.
Construction Safety Licensing Bill 2023: Committee Stage
Sitting suspended at 11.03 a.m. and resumed at 11.04 a.m.
I thank the committee for giving me the opportunity to address it and present the Construction Safety Licensing Bill 2023. The Bill is critical legislation to ensure that health and safety is central to the treatment of our construction workforce. In brief, the purpose of the legislation is to establish a new licensing authority that will operate a licensing model for construction and quarrying activities. Under this model licence holders will need to undergo periodic reassessment to renew their licences. It is a clear move away from the current process of the construction skills certification scheme and the quarry skills certification scheme cards under the existing QQI certificate model. This move has been supported throughout the development of the legislation.
This new licensing model has been developed to ensure that all workers will receive the training they need to carry out their work in a safe and competent manner.
Our construction workforce has grown in recent years and it is evident that having highly skilled is necessary if we are to achieve our own national housing and climate targets, including those in the national development plan, Housing For All, and the climate action plan.
As I and my colleague, the Minister, Deputy Harris, have stated throughout the legislative process, the changes we propose with this Bill will ensure that our workers are safe at work, confident in their abilities and that the likelihood of accidents or fatalities on site is as low as possible. A safe, skilled, and supported workforce is a priority for us.
Today I will bring a number of amendments to this Bill. These amendments include changes of a more significant nature, for which we have received Government approval to make, such as the commitment to remove sections 20 and 21 in relation to Safe Pass. It has been agreed with officials in the Department of Enterprise, Trade and Employment and the Health and Safety Authority that the regulation of the Safe Pass programme will remain under their remit.
I am bringing amendments to remove sections 40 to 43, inclusive, as it has been agreed that the proposed process for approved training organisations to receive approval as being unnecessary administration, and the tutor licensing model is the only necessary model to legislate for in relation to training delivery.
I am proposing the introduction of a number of new sections, including those that will establish a medical review committee. I will also bring a number of technical amendments today to amend wording in respect of duration and time throughout the Bill, to include and remove definitions and to amend any discrepancies in the Bill that may have been missed during the early drafting stages.
I wish to note several amendments that are proposed to be discussed further on Report Stage. These include: an amendment in respect of apprenticeship pay, the precise content of which will take into account policy developments relating to the minimum wage and the living wage in Ireland, including the Low Pay Commission's current work in the area of sub-minimum or youth rates, and an amendment to section 32 to embrace equivalent offences in other jurisdictions as currently, the Bill only allows for an offence under the Health, Safety and Welfare at Work Act 2005 to be the basis for the refusal of an application.
Amendments to sections 33 and 39 will provide for offences under this Bill to be considered in the context of a refusal of a licence and not only offences under the Act of 2005. An amendment to section 45 will provide for the licensing authority to make preliminary inquiries to confirm that a complaint falls within the scope of the section. An amendment to section 47 will provide for the immediate suspension of a licence in certain limited circumstances such as, for example, where there is a serious and immediate risk to safety or welfare, without granting the licensee 14 days to make representations. Such an amendment will still provide for the licensee to make representations as to the validity of their ongoing suspension. I also will propose amendments to clarify the role of the licensing authority in prosecuting offences under this Bill following investigation.
I will propose amendments to provide for the Minister to impose specific obligations on tutors as to how training is delivered, including an obligation in the Bill requiring tutors to deliver training in accordance with requirements set down by the Minister in regulations. I also will propose amendments to clarify sanctions for a tutor's non-compliance with the relevant stages of the enforcement process.
We also will bring forward amendments to clarify the appeals process in situations where the licensing authority has refused to consider an application on the basis that it has made a request for further information, which has not been complied with under sections 31, 32, 37 and 38.
I also wish to note for members of the committee that I am reviewing arrangements regarding compliance and enforcement to ensure that these are as robust as possible. In light of this, there may be further related amendments proposed later in the process. Before we begin today's examination of the Bill, I acknowledge and thank all of those who engaged with our Department and who have provided us with continued support on this Stage. This engagement has been essential to allow us to ensure we develop a model that will continue to produce a highly skilled and safe workforce. Today's discussion on this Bill is a chance to further enhance the provisions we are putting in place, ensuring we are creating a licensing model that is suited to our construction workforce.
I thank the Minister of State. This will be quite a lengthy debate as there are 63 sections with 185 subsections.
We will try to conclude our consideration of the Bill today, if at all possible. I ask members to be brief and to the point.
Section 1 agreed to.
SECTION 2
Amendments Nos. 1, 2, 12, 15, 17, 18, 22, 72, 73, 76 to 79, inclusive, 81, 85 to 87, inclusive, 89 to 91, inclusive, 93 to 97, inclusive, 101 to 104, inclusive, 107, 108, 110, 112 to 143, inclusive, 145 to 170, inclusive, 172, 175, and 183 to 185, inclusive, are related and may be discussed together. Is that agreed? Agreed.
I move amendment No. 1:
In page 7, to delete line 29, and in page 8, to delete line 1.
Amendment agreed to.
I move amendment No. 2:
In page 8, to delete line 2.
Amendment agreed to.
Amendments Nos. 3 to 9, inclusive, 11, 14, 16, 19, 35, 36, 38, 45, 58, 59, 68, 69, 74, 83, 99, 100, 105, 111, 176, and 178 to 182, inclusive, are related and may be discussed together.
I move amendment No. 3:
In page 8, to delete lines 7 and 8.
Could the Minister of State speak to amendments Nos. 178 to 182, inclusive? I am coming to this Bill in the middle of our consideration of it, which makes it a little more confusing and, therefore, I wonder whether he could give the little blurb on the amendments.
Government amendment No. 178 states:
In page 60, between lines 15 and 16, to insert the following:
"
|
Operation of rigid dump-truck |
|
|
Operation of front-end loader |
".
The amendment was proposed to ensure that the list of scheduled activities reflects those that currently require construction skills certification scheme, CSCS, and quarries skills certification scheme, QSCS, cards. I am including the following activities: the operation of a rigid dump-truck, the operation of a front-and loader, explosives storekeeping, and explosives supervision. I will remove the following activities: built-up roof-felting – single-ply roofing systems; paving and curb laying; and concreting. We will be rewording the activity "built-up roof felting – bituminous" as "built-up roof felting". This is to ensure that the list of scheduled activities in the legislation accurately reflects the activities that are currently scheduled through the CSCS and QSCS arrangements. That is the explanation.
Could the Minister of State give some detail on the rationale?
It is to ensure that the proposed list of activities accurately reflects the scheduled activities. Four activities are being included: the operation of a rigid dump-truck, the operation of a front-and loader, explosives storekeeping and explosives supervision. We are removing what are described as "built-up roof-felting – single-ply roofing systems", "paving and curb laying" and "concreting". We will reword the activity "built-up roof felting – bituminous" as "built-up roof felting". It is a matter of providing a tighter definition and including activities to make sure the list is as inclusive as possible.
Amendment agreed to.
I move amendment No. 4:
In page 8, between lines 23 and 24, to insert the following:
" "personal data” has the same meaning as it has in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;".
Amendment agreed to.
I move amendment No. 5:
In page 8, to delete lines 31 and 32.
Amendment agreed to.
I move amendment No. 6:
In page 8, between lines 33 and 34, to insert the following:
" "Regulations of 2008” means the Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008);".
Amendment agreed to.
I move amendment No. 7:
In page 8, between lines 35 and 36, to insert the following:
“ “relevant person” has the meaning given to it by section 18(10);”.
Amendment agreed to.
I move amendment No. 8:
In page 9, between lines 1 and 2, to insert the following:
“ “responsible person” has the meaning given to it by section 25;”.
Amendment agreed to.
I move amendment No. 9:
In page 9, line 2, to delete “section 20” and substitute “section 30(6)*”.
Amendment agreed to.
Amendments Nos. 10, 44 and 174 are related and may be discussed together.
I move amendment No. 10:
In page 9, to delete line 3.
Amendment agreed to.
Section 2, as amended, agreed to.
SECTION 3
I move amendment No. 11:
In page 9, lines 24 and 25, to delete “Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008)” and substitute “Regulations of 2008”.
Amendment agreed to.
Section 3, as amended, agreed to.
Sections 4 to 6, inclusive, agreed to.
SECTION 7
I move amendment No. 12:
In page 11, line 14, to delete “or approval”.
Amendment agreed to.
Section 7, as amended, agreed to.
Section 8 deleted.
NEW SECTION
I move amendment No. 13:
In page 11, between lines 27 and 28, to insert the following:
“Review of operation of Act
9. (1) The Minister shall, not later than 3 years after the coming into operation of this section, carry out a review of the operation of this Act.
(2) The review referred to in subsection (1) shall include an evaluation of the effectiveness of this Act and any regulations made under this Act in improving safety on construction sites.
(3) The Minister shall—
(a) not later than 6 months after the commencement of the review under subsection (1), prepare a report in writing setting out the findings and conclusions consequent on the review, and
(b) as soon as practicable after the report is prepared under paragraph (a), cause a copy of it to be laid before each House of the Oireachtas.”.
Amendment agreed to.
Sections 9 to 11, inclusive agreed to.
SECTION 12
I move amendment No. 14:
In page 13, to delete lines 34 and 35.
Amendment agreed to.
I move amendment No. 15:
In page 13, line 37, to delete “and approvals”.
Amendment agreed to.
I move amendment No. 16:
In page 14, line 1, to delete “mutual”.
Amendment agreed to.
I move amendment No. 17:
In page 14, line 4, to delete “or 6”.
Amendment agreed to.
I move amendment No. 18:
In page 14, line 7, to delete “or 6”.
Amendment agreed to.
I move amendment No. 19:
In page 14, between lines 10 and 11, to insert the following:
“(j) monitor and enforce compliance with this Act,”.
Amendment agreed to.
Section 12, as amended, agreed to.
Sections 13 and 14 deleted.
Section 15 agreed to.
NEW SECTION
Amendments Nos. 20 and 21 are related and may be discussed together.
I move amendment No. 20:
In page 16, between lines 17 and 18, to insert the following:
“Advances to licensing authority
16. In each financial year, the Minister may advance to the licensing authority out of moneys provided by the Oireachtas such sums as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine for the purposes of expenditure by the licensing authority in the performance of its functions under this Act.”.
I would like to get some clarity on that amendment. As I said, I am new to this Bill and there is a lot to take in.
Amendment No. 21 seeks to remove subsection 2 from this section, which currently provides for: "fees to be fixed at a level calculated to produce a sufficient annual amount" in order to allow the licensing authority to carry out any necessary functions. This amendment is linked to the amendment to introduce a new section to the Bill titled, "Grants to licensing authority". This amendment has been brought following discussions with partners and the agreement that it is not advisable for the licensing model to be self-financing. As we previously signalled in the memorandum to Government that we brought in December 2022 seeking approval to publish the Bill, there will be a split between fees and Exchequer moneys to fund the new licensing model. Given the proposed deletion of sections 40 to 43, inclusive, a consequential amendment to remove the reference to approval is also required.
Amendment agreed to.
SECTION 16
I move amendment No. 21:
In page 16, to delete lines 25 to 30.
Amendment agreed to.
I move amendment No. 22:
In page 16, line 36, to delete “or approval”.
Amendment agreed to.
Section 16, as amended, agreed to.
Section 17 agreed to.
SECTION 18
Amendments Nos. 23 to 25, inclusive, are related and will be discussed together.
I move amendment No. 23:
In page 17, lines 34 and 35, to delete all words from and including “(1) Subject” in line 34 down to and including line 35 and substitute the following:
“(1) (a) Subject to subsection (2), the licensing authority shall prepare and adopt a code of practice for the purpose of providing practical guidance to relevant persons in relation to the application and operation of this Act and any regulations made under it in so far as this Act and those regulations relate to such relevant persons.
(b) A code of practice so prepared and adopted under paragraph (a) shall also include provisions relating to the manner in which personal data shall be processed by the licensing authority, and any inspectors appointed by it, in the performance of their functions under this Act.”.
I will speak to this amendment as well and the Minister of State might correct me if I am wrong. I understand it is to assist the licensing authority in recognising the contributions of those who have come from abroad, which is obviously welcome and needed. I totally understand the reasoning behind it; that is fair. Are we totally assured there would not be an adverse impact for someone who is qualified here and who travels abroad in terms of having his or her qualifications recognised? I understand that our Quality and Qualifications Ireland, QQI, level 5 certificates are currently recognised across the EU. Would I be correct in saying that will remain the position after the passing of this Bill? I am referring to the amendment regarding the recognition of third-country qualifications.
We are discussing amendment No. 23. The Deputy is referring to amendment No. 33.
I apologise. I thought it was amendment No. 33.
It is no problem. We will address that amendment for the Deputy when we get to it.
Amendment agreed to.
I move amendment No. 24:
In page 17, to delete line 38, and in page 18, to delete lines 1 to 9.
Amendment agreed to.
I move amendment No. 25:
In page 18, to delete lines 32 to 37, and in page 19, to delete lines 1 to 14 and substitute the following:
“(7) For the purposes of subsection (8), a code of practice, including any amendments thereto, adopted and published in accordance with this section shall be admissible in evidence in proceedings under this Act in respect of an alleged contravention by a relevant person of a requirement imposed under this Act where at the time of the alleged contravention the code—
(a) was in operation, and
(b) provided practical guidance to the relevant person concerned in relation to the matter which is the subject of that alleged contravention.
(8) Where it appears to the appeals committee or a court, as the case may be, in proceedings before it that—
(a) a provision of a code of practice, or
(b) a failure to follow the guidance in a code of practice, is relevant to a question arising in such proceedings, the provision or failure, as the case may be, shall be taken into account in deciding the question.
(9) A document purporting to be a copy of, and to have been certified by an employee of the licensing authority, designated in that behalf by the licensing authority, to be a true copy of, a code of practice adopted and published in accordance with this section or an extract from such a code, shall, unless the contrary is proved, be admitted in evidence in any proceedings and be evidence of the matters specified therein without further proof.
(10) In this section, “relevant person” means a worker, a responsible person, a tutor or a licensee.”.
Amendment agreed to.
Section 18, as amended, agreed to.
SECTION 19
Amendments Nos. 26, 70, 71, 75, 80, 82, 98, 106, 109 and 144 are related and will be discussed together.
I move amendment No. 26:
In page 20, line 12, to delete “as soon as practicable” and substitute “not later than 30 days”.
Amendment agreed to.
Section 19, as amended, agreed to.
NEW SECTIONS
Amendments Nos. 27 to 32, inclusive, 40, 47, 53, 62 and 65 are related and will be discussed together.
I move amendment No. 27:
In page 20, between lines 16 and 17, to insert the following:
“PART 3
MEDICAL REVIEW COMMITTEE FOR SCHEDULED CONSTRUCTION SECTOR ACTIVITIES
Establishment of Medical Review Committee for Scheduled Construction Sector Activities
20. (1) The licensing authority shall, not later than 6 months after the coming into operation of this section, establish a committee to be known as the Medical Review Committee for Scheduled Construction Sector Activities (in this Part referred to as the “Committee”).
(2) The secretariat and the executive functions relating to the work of the Committee shall be provided by the licensing authority.”.
Amendment agreed to.
I move amendment No. 28:
In page 20, between lines 16 and 17, to insert the following:
“Membership of Committee
21. (1) The Committee shall consist of not less than 5 members to be appointed by the licensing authority and of whom—
(a) at least one is a representative of the licensing authority,
(b) at least one is a person who, in the opinion of the licensing authority, is qualified, and has expertise, in occupational health and safety,
(c) at least one is a representative of workers in the construction sector, and
(d) at least one is a representative of employers in the construction sector.
(2) The licensing authority shall designate one member of the Committee as chairperson.
(3) A member of the Committee shall be subject to such terms and conditions, and be paid such allowances for expenses, as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.
(4) If the chairperson is for any reason unable to continue to act as chairperson, the licensing authority may designate another member of the Committee to act as chairperson.
(5) A member of the Committee shall hold office for such period, not exceeding 3 years from the date of his or her appointment, as the licensing authority shall determine.(6) Subject to subsection (7), a member of the Committee whose term of office expires by the effluxion of time shall be eligible for reappointment to the Committee.
(7) A member of the Committee who has served 2 consecutive terms of office shall not be eligible for reappointment to the Committee until a period of 3 years has elapsed following the end of the second consecutive term.
(8) A member of the Committee may resign from the Committee by letter addressed to the licensing authority, and the resignation shall take effect on the date specified in the letter, or the date on which the licensing authority receives the letter, whichever is the later.
(9) A member of the Committee may at any time be removed from membership of the Committee by the licensing authority if, in the licensing authority’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the licensing authority to be necessary for the effective performance by the Committee of its functions.
(10) A member of the Committee shall cease to be, and shall be disqualified from being, a member of the Committee where such member—
(a) on conviction on indictment by a court of competent jurisdiction, is sentenced to a term of imprisonment,
(b) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act, or
(c) is convicted of an offence under the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022.
(11) Where a member of the Committee dies, resigns, is removed from office or otherwise ceases to hold office—
(a) the casual vacancy arising shall be filled by a person appointed in the same manner as the member of the Committee who occasioned the vacancy was appointed, and
(b) the person appointed to fill the casual vacancy shall hold office for that period of the term of office of the member who occasioned that vacancy that remains unexpired at the date of that person’s appointment, and may, in accordance with subsection (6), be reappointed to the Committee.
(12) The licensing authority shall determine the procedures of the Committee.”.
Amendment agreed to.
I move amendment No. 29:
In page 20, between lines 16 and 17, to insert the following:
“Functions of Committee
22. (1) The Committee shall have the following functions:
(a) to evaluate, and keep under review, the need, if any, for medical certification for the purposes of the carrying out by a person of a scheduled activity;
(b) to provide the licensing authority with a report in writing of any evaluation or review referred to in paragraph (a) within such period of time and in such manner as may be specified by the licensing authority;
(c) where the Committee identifies a need for medical certification referred to in paragraph (a), to make recommendations to the licensing authority in that behalf, as soon as practicable after it has identified such a need;
(d) such other functions as the Minister may prescribe.
(2) The licensing authority shall, as soon as practicable and not later than 2 months after the date on which it receives a report referred to in subsection (1)(b), provide the report to the Minister.”.
Amendment agreed to.
I move amendment No. 30:
In page 20, between lines 16 and 17, to insert the following:
“Reports to licensing authority
23. (1) The Committee shall—
(a) not later than 30 April in the year next following the first complete calendar year after the date on which the Committee is established under section 20, prepare and submit to the Minister a report in writing (in this section referred to as the “annual report of the Committee”) in relation to the performance of its functions during the period since its establishment, and
(b) not later than 30 April in each subsequent year, prepare and submit to the licensing authority a report (in this section also referred to as the “annual report of the Committee”) in relation to the performance of its functions during the preceding calendar year.
(2) An annual report of the Committee shall include such particulars (including all proper and usual accounts of money received or expended by it) as the Committee may determine to be appropriate to include in the report or as may be directed by the licensing authority.
(3) The licensing authority shall, not later than 2 months after the date on which it receives an annual report of the Committee, provide the report to the Minister.”.
Amendment agreed to.
I move amendment No. 31:
In page 20, between lines 16 and 17, to insert the following:
“Laying of reports referred to in sections 22 and 23 before Houses of Oireachtas and publication
24. Where the Minister receives a report referred to in section 22(1)(b) or 23, he or she shall, as soon as practicable, thereafter—
(a) cause a copy of the report to be laid before each House of the Oireachtas, and
(b) having laid a copy of the report as provided for by paragraph (a), cause a copy of it to be published on a website maintained by or on behalf of the Minister.”.
Amendment agreed to.
I move amendment No. 32:
In page 20, between lines 16 and 17, to insert the following:
“Dissolution of Committee
25. The licensing authority may, with the consent of the Minister, dissolve the Committee at any time.”.
Amendment agreed to.
Sections 20 and 21 deleted.
Section 22 agreed to.
NEW SECTION
Amendments Nos. 33 and 34 are related and will be discussed together.
I move amendment No. 33:
In page 22, after line 31, to insert the following:
“Recognition of third country qualifications, etc.
23. The licensing authority shall, for the purposes of applications under Part 5, recognise, as appropriate and in accordance with the processes and procedures specified under section 24, the experience and training of, and qualifications conferred on, persons from third countries.”.
We are proposing the inclusion of an additional section under this Part to ensure the licensing authority will be able to recognise applications for licences from persons from third countries. The inclusion of this section follows advice received from the Office of the Attorney General. It is deemed prudent that this Bill will provide for the treatment of applications received from applicants outside of the EU to align with existing provisions for applications received from individuals from EU member states already.
What does that mean in a practical sense? Will it speed up the process? I assume that is the point of the proposed measure. Will it have any impact on our certification and how that is impacted abroad or is this measure solely for people who are coming here? In saying that, I am fully aware of the obvious need to bring more people here for construction. I am asking to get an understanding of the practicalities of how this will work in practice.
It gives SOLAS the powers to look at the qualifications of the applicants and to inquire as to the awarding authorities and bodies which have awarded these qualifications or certifications to people who are now applying. It will be a job for SOLAS to vet them.
Is that in a streamlined process? I assume it is not on a case-by-case basis. I assume it is a streamlined process and it is to try to make it faster.
When the licensing authority is set up, part of the job of work of the licensing authority will be to set up those criteria. That will be done in consultation with SOLAS. The process will be publicly available on the website.
I assume, for clarity, the reasoning for this is to speed it up-----
Yes.
-----and it will not have any impact on the certification of people. It would be a surprise to everybody if I went and got these qualifications but if I did, I assume it would not have any impact on my qualification or how it is perceived abroad. That was something that had been raised with me in terms of EU qualifications. The way it works at present, with QQI and level 5, that is recognised across the EU, were I to decide I want to move to Germany.
Part of it will require SOLAS to have a system of mutual recognition also. When the licensing authority is set up, as part of its initial set-up phase it will have to have a proper system to scrutinise applications from abroad, particularly from outside the EU area. That will require SOLAS having a look at the people who have conferred the certification or the qualification to assess whether it is up to our standard or not.
It does not impact on my certification. For example, it is merely to make sure if Deputy Nolan came in from abroad, she would have it to the same level as me but it has zero impact on my ability to move somewhere else with my qualification.
It has zero impact.
That is fine. I thank the Minister of State.
Amendment agreed to.
I move amendment No. 34:
In page 22, after line 31, to insert the following:
“Licensing authority to specify processes and procedures relating to foreign qualifications, etc.
24. The licensing authority shall specify on its website the processes and procedures in place for the recognition of training, experience and foreign qualifications of persons from other Member States or third countries for the purposes of section 30(5), section 31(6), (7) and (8), and section 37(4).".
Amendment agreed to.
SECTION 23
I move amendment No. 35:
In page 23, line 6, after "who" to insert ", in the course of carrying out construction work,".
Amendment agreed to.
I move amendment No. 36:
In page 23, line 20, after "activities" to insert "carried out in the course of carrying out construction work".
Amendment agreed to.
Section 23, as amended, agreed to.
SECTION 24
Amendments Nos. 37, 84, 88, 92, 171 and 173 are related and will be discussed together.
I move amendment No. 37:
In page 24, to delete line 8.
Amendment agreed to.
Section 24, as amended, agreed to.
SECTION 25
I move amendment No. 38:
In page 24, line 10, after "person" to insert "(in this Act referred to as a "responsible person")".
Amendment agreed to
Section 25, as amended, agreed to.
Sections 26 and 27 agreed to.
SECTION 28
Amendments Nos. 39, 56 and 57 are related and will be discussed together.
I move amendment No. 39:
In page 25, to delete lines 1 and 2 and substitute the following:
“(b) may not be renewed,
(c) shall not be granted to a person under the age of 16 years, and
(d) may be subject to such conditions, if any, as the licensing authority decides to attach to the licence under section 33.”.
Amendment agreed to.
Section 28, as amended, agreed to.
Section 29 agreed to.
SECTION 30
I move amendment No. 40:
In page 25, to delete lines 21 to 23.
Amendment agreed to.
Amendments Nos. 41 to 43, inclusive, 46, 48, 49, 54 and 55 are related and will be discussed together.
I move amendment No. 41:
In page 26, line 4, to delete “(a)”.
Amendment agreed to.
I move amendment No. 42:
In page 25, to delete lines 21 to 23.
Amendment agreed to.
I move amendment No. 43:
In page 26, between lines 11 and 12, to insert the following:
“(5) The Minister shall, following consultation with—
(a) the licensing authority,
(b) the Minister for Enterprise, Trade and Employment,
(c) the Health and Safety Authority,
(d) the Construction Industry Registration Body,
(e) such representatives of the construction sector as the Minister considers appropriate, and
(f) such other persons as the Minister considers appropriate, prescribe the requirements, including requirements as to the form and content, of the new entrant programme, including any training, courses or examinations to be undertaken for the purposes of that programme.
(6) The requirements prescribed under subsection (5) shall include a requirement to provide instruction in construction-related health and safety knowledge and for the practical demonstration, through examinations or otherwise, of that knowledge by persons participating in a new entrant programme.”.
Amendment agreed to.
I move amendment No. 44:
In page 26, between lines 17 and 18, to insert the following:
“(6) In this section, “safety awareness registration card” means—
(a) the Safe Pass registration card issued following the successful completion of the Safe Pass training programme provided by SOLAS, or
(b) a registration card issued in association with a scheme in a Member State, other than the State, or in a third country, where SOLAS has approved the scheme as being equivalent to the Safe Pass training programme.”.
Amendment agreed to.
Section 30, as amended, agreed to.
SECTION 31
I move amendment No. 45:
In page 26, line 19, to delete “A worker” and substitute “An individual”.
Amendment agreed to.
I move amendment No. 46:
In page 26, between lines 32 and 33, to insert the following:
“(ii) has successfully completed the final licence training programme,”.
Amendment agreed to.
I move amendment No. 47:
In page 26, to delete lines 36 to 38.
Amendment agreed to.
I move amendment No. 48:
In page 27, lines 15 to 17, to delete all words from and including “subsection (2)” in line 15 down to and including line 17 and substitute the following:
“subsection (2) —
(a) establish and maintain a programme (in this Act referred to as the “final licence training programme”) for the purposes of an application under this section,
(b) set the final licence examination, and
(c) appoint suitably qualified examiners to conduct the final licence examination and any examinations that form part of the final licence training programme.”.
Amendment agreed to.
I move amendment No. 49:
In page 27, between lines 17 and 18, to insert the following:
“(6) The Minister shall, following consultation with—
(a) the licensing authority,
(b) the Minister for Enterprise, Trade and Employment,(c) the Health and Safety Authority,
(d) the Construction Industry Registration Body,
(e) such representatives of the construction sector as the Minister considers appropriate, and
(f) such other persons as the Minister considers appropriate,
prescribe—
(i) for the purposes of subsection (2)(e)(ii) and (iv), the requirements, including requirements as to the form and content, of—
(I) the final licence training programme, including any training, courses or examinations required to be undertaken for the purposes of that programme,and
(II) the final licence examination,and
(ii) for the purposes of subsection (2)(e)(iii), the manner in which monitored training is to be carried out and certified and the requirements to be satisfied by an applicant for the purposes of demonstrating his or her successful completion of certified monitored training.
(7) The requirements prescribed under subsection (6)(i) shall include a requirement that the final licence examination shall consist of a written and practical test designed to provide evidence of an applicant’s theoretical and practical competency in respect of the scheduled activity to which the application concerned relates.”.
Amendment agreed to.
Amendments Nos. 50 to 52, inclusive, and 64 are related and will be discussed together.
I move amendment No. 50:
In page 27, lines 34 to 43, to delete all words from and including “—” in line 34 down to and including line 43 and substitute the following:
“, “certified monitored training”, in respect of the scheduled activity to which the application concerned relates, means training carried out and certified in the prescribed manner.”.
Amendment agreed to.
Section 31, as amended, agreed to.
SECTION 32
I move amendment No. 51:
In page 28, line 17, to delete “completed a worker renewal programme, and” and substitute“completed—”.
Amendment agreed to.
I move amendment No. 52:
In page 28, between lines 17 and 18, to insert the following:
“(I) a worker renewal programme, and
(II) during the period of the validity of the licence in respect of which renewal is sought, such continuous training, carried out in such manner and at such intervals, as are prescribed under subsection (6), in so far as that training relates to the applicant,
and”.
Amendment agreed to.
I move amendment No. 53:
In page 28, to delete lines 19 to 21.
Amendment agreed to.
I move amendment No. 54:
In page 28, line 40, to delete “worker renewal programme” and substitute “programme (in this section referred to as the “worker renewal programme”)”.
Amendment agreed to.
I move amendment No. 55:
In page 29, to delete lines 1 to 4 and substitute the following:
“(6) The Minister shall, following consultation with—
(a) the licensing authority,
(b) the Minister for Enterprise, Trade and Employment,
(c) the Health and Safety Authority,
(d) the Construction Industry Registration Body,
(e) such representatives of the construction sector as the Minister considers appropriate, and
(f) such other persons as the Minister considers appropriate,
prescribe—
(i) for the purposes of subsection (2)(e)(ii)(I), the requirements, including requirements as to the form and content, of the worker renewal programme and any training, courses or examinations to be undertaken for the purposes of that programme, and
(ii) for the purposes of subsection (2)(e)(ii)(II), the training to be carried out, and the manner in which, and the intervals at which, it is to be carried out, during the period of validity of a worker licence.”
Amendment agreed to.
Section 32, as amended, agreed to.
SECTION 33
I move amendment No. 56:
In page 29, to delete line 8 and substitute the following:
“(a) grant the relevant worker licence, with or without conditions attached to it in accordance with subsection (3) where the relevant worker licence concerned is a provisional worker licence, or refuse to grant the relevant worker licence, or”.
Amendment agreed to.
I move amendment No. 57:
In page 29, between lines 12 and 13, to insert the following:
“(3) The licensing authority may, in respect of a decision to grant an application for a provisional worker licence, decide to attach such conditions to the provisional worker licence as it considers appropriate, including conditions requiring the holder of the provisional worker licence, when carrying out the scheduled activity to which the application relates, to be supervised by the holder of a worker licence in respect of that scheduled activity for the purpose of ensuring the safe carrying on by the holder of the provisional worker licence of that scheduled activity.”.
Amendment agreed to.
I move amendment No. 58:
In page 29, line 19 to delete “section 13(2)” and substitute “section 24”.
Amendment agreed to.
I move amendment No. 59:
In page 29, to delete line 26 and substitute “at such intervals as are prescribed under section 32(6)(ii).”.
Is this the area that deals with appeals? I want to check that. I wish to speak on section 59.
Section 59 deals with matters to be considered in deciding the sanction to be imposed. It refers to "the licensing authority, the appeals committee or the District Court".
It is on that point I wish to come in because I want some clarity on an appeal, if one were to be lodged. For non-compliance, would there be a statutory timeframe for the authority to come back with its outcome before the case makes its way through the courts? I am curious about that. Will timeframes be in place? For licensing in general, will there be timeframes and particularly for appeals?
There are timeframes throughout the Bill for applications and dealing with appeals. We are going to get to that topic in further amendments.
Okay.
Amendment agreed to.
Section 33, as amended, agreed to.
NEW SECTION
Amendments Nos. 60, 61, 63, 66 and 67 are related and will be discussed together.
I move amendment No. 60:
In page 29, between lines 32 and 33, to insert the following:
“Tutors to hold valid tutor licence
34. (1) An individual who wishes to deliver training—
(a) in respect of any programme or examination, including courses or training to be undertaken for the purposes of such programmes or examinations, or any other training (other than certified monitored training) prescribed for the purposes of an application under Part 5, and
(b) for the purposes of an application referred to in paragraph (a), shall hold a valid tutor licence in respect of that training.
(2) An individual who contravenes subsection (1) shall be guilty of an offence.”.
Amendment agreed to.
Section 34 deleted.
Section 35 agreed to.
SECTION 36
I move amendment No. 61:
In page 30, line 6, to delete “5 years” and substitute “2 years”.
Amendment agreed to.
Section 36, as amended, agreed to.
SECTION 37
I move amendment No. 62:
In page 30, to delete lines 20 to 25 and substitute the following:
“(e) evidence, in such form and manner as may be specified by the licensing authority,that the applicant—
(i) holds a valid worker licence in respect of the scheduled activity which is to be the subject of the training in respect of which the application is made, and
(ii) has successfully completed the tutor new entrant programme,”.
Amendment agreed to.
I move amendment No. 63:
In page 31, to delete lines 4 to 18 and substitute the following:
“(4) The licensing authority shall establish and maintain a programme (in this Act referred to as the “tutor new entrant programme”) for the purposes of an application under this section and shall appoint suitably qualified examiners to conduct any examinations that may form part of the tutor new entrant programme.
(5) The Minister shall, following consultation with—
(a) the licensing authority,
(b) the Minister for Enterprise, Trade and Employment,
(c) the Health and Safety Authority,
(d) the Construction Industry Registration Body,
(e) such representatives of the construction sector as the Minister considers appropriate, and
(f) such other persons as the Minister considers appropriate,
prescribe the requirements, including requirements as to the form and content, of the tutor new entrant programme and any training, courses or examinations to be successfully taken for the purposes of that programme.
(6) For the purposes of subsection (1)(e), an applicant may furnish to the licensing authority evidence of having successfully completed any training or course or having passed any examination in another Member State or third country and where the licensing authority is satisfied that such training, course or examination, as the case may be is, in its opinion, equivalent to the tutor new entrant programme or any training, course or examination prescribed for the purposes of that programme, it shall accept evidence of the successful completion of that course or training or the successful passing of that examination, as the case may be, in lieu of successful completion of the programme, training, course or examination, as the case may be, prescribed under subsection (5).”.
Amendment agreed to.
Section 37, as amended, agreed to.
SECTION 38
I move amendment No. 64:
In page 31, to delete lines 33 to 40 and substitute the following:
“(e) evidence, in such form and manner as may be specified by the licensing authority, that the applicant—
(i) holds a valid tutor licence in respect of the scheduled activity to which the application relates, and
(ii) has successfully completed—
(I) a tutor renewal programme, and (II) during the period of the validity of the licence in respect of which renewal is sought, such continuous training, carried out in such manner and at such intervals, as may be prescribed under subsection (6), insofar as that training relates to the applicant;”.
Amendment agreed to.
I move amendment No. 65:
In page 32, to delete lines 1 to 5.
Amendment agreed to.
I move amendment No. 66:
In page 32, to delete lines 23 to 28 and substitute the following:
“(5) The licensing authority shall, for the purposes of subsection (2), establish and maintain a tutor renewal programme (in this Act referred to as the “tutor renewal programme”) for the purposes of an application under this section and shall appoint suitably qualified examiners to conduct any examinations that may form part of the tutor renewal programme.
(6) The Minister shall, following consultation with—
(a) the licensing authority,
(b) the Minister for Enterprise, Trade and Employment,
(c) the Health and Safety Authority,
(d) the Construction Industry Registration Body,
(e) such representatives of the construction sector as the Minister considers appropriate, and
(f) such other persons as the Minister considers appropriate,
prescribe—
(i) for the purposes of subsection (2)(e)(ii)(I), the requirements, including requirements as to the form and content, of the tutor renewal programme and any training, courses or examinations to be successfully taken for the purposes of that programme, and
(ii) for the purposes of subsection (2)(e)(ii)(II), the training to be carried out, and the manner in which and the intervals at which it is to be carried out, during the period of validity of a tutor licence.”.
Amendment agreed to.
Section 38, as amended, agreed to.
SECTION 39
I move amendment No. 67:
In page 32, lines 30 and 31, to delete all words from and including “(1) The” in line 30 down to and including line 31 and substitute the following:
“(1)The licensing authority shall, not later than 3 months after the date of receipt of an application duly made under section 37 or 38, as the case may be, decide to—
(a)grant or refuse to grant, or
(b)renew or refuse to renew,the tutor licence in respect of which the application is made.”.
Amendment agreed to.
I move amendment No. 68:
In page 32, line 32, after “application” to insert “duly made”.
Amendment agreed to.
I move amendment No. 69:
In page 32, line 38 to delete “section 13(2)” and substitute “section 24”.
Amendment agreed to.
I move amendment No. 70:
In page 33, line 2, to delete “as soon as practicable” and substitute “not later than 7 days”.
Amendment agreed to.
Section 39, as amended, agreed to.
Sections 40 to 43, inclusive, deleted.
SECTION 44
I move amendment 71:
In page 37, line 4, to delete “as soon as practicable” and substitute “not later than 6 months”.
Amendment agreed to.
I move amendment No. 72:
In page 37, line 6, to delete “and approved training organisations”.
Amendment agreed to.
I move amendment No. 73:
In page 37, to delete lines 11 to 20.
Amendment agreed to.
I move amendment No. 74:
In page 37, lines 29 to 33, to delete all words from and including “public—” in line 29 down to and including line 33 and substitute the following: “public, on its website in such a manner that the section of that website which contains the register is readily accessible by members of the public.”.
Amendment agreed to.
I move amendment No. 75:
In page 38, line 12, to delete “as soon as is practicable” and substitute “not later than 30 days”.
Amendment agreed to.
I move amendment No. 76:
In page 38, lines 13 and 14, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 77:
In page 38, line 15, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 78:
In page 38, line 16, to delete “that person” and substitute “the licensee”.
Amendment agreed to.
I move amendment No. 79:
In page 38, line 17, to delete “the person” and substitute “the licensee”.
Amendment agreed to.
I move amendment No. 80:
In page 38, line 20, to delete “as soon as may be” and substitute “not later than 30 days”.
Amendment agreed to.
I move amendment No. 81:
In page 38, line 20, to delete “the person” and substitute “the licensee”.
Amendment agreed to.
I move amendment No. 82:
In page 38, line 22, after “and” to insert “, not later than 30 days after it has received the notice,”.
Amendment agreed to.
Section 44, as amended, agreed to.
SECTION 45
I move amendment No. 83:
In page 38, line 30, to delete “alleged”.
Amendment agreed to.
I move amendment No. 84:
In page 38, to delete lines 31 to 34 and substitute the following: “(a)an alleged offence under section 60(1)(a), or(b)an alleged contravention, other than a contravention that is an offence under section 60(1)(a), of a provision of this Act,”.
Amendment agreed to.
I move amendment No. 85:
In page 39, line 12, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 86:
In page 39, line 15, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
Section 45, as amended, agreed to.
Section 46 agreed to.
SECTION 47
I move amendment No. 87:
In page 40, line 8, to delete “or approval”.
Amendment agreed to.
I move amendment No. 88:
In page 40, to delete lines 10 to 14 and substitute the following:
“(2)The licensing authority shall not suspend, in whole or in part, a licence under subsection (1) unless it is satisfied, having regard to the nature and extent of the alleged improper conduct, that the health and safety of a person is likely to be prejudiced by the alleged improper conduct unless the licence is so suspended.”.
Amendment agreed to.
I move amendment No. 89:
In page 40, line 15, to delete “or an approval”.
Amendment agreed to.
I move amendment No. 90:
In page 40, line 18, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 91:
In page 40, line 19, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 92:
In page 40, between lines 21 and 22, to insert the following:
“(4) A licence that is suspended under subsection (1) is not a valid licence for the purposes of section 24(1), 25(1) or 34(1) to the extent to which it is so suspended.”
Amendment agreed to.
Section 47, as amended, agreed to.
SECTION 48
I move amendment No. 93:
In page 40, line 26, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 94:
In page 40, line 30, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 95:
In page 40, line 33, to delete “or approved training organisation” and substitute “or responsible person, as the case may be”.
Amendment agreed to.
I move amendment No. 96:
In page 40, lines 37 and 38, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 97:
In page 40, line 39, and in page 41, line 1, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 98:
In page 41, line 7, to delete “as soon as practicable after” and substitute “at the same time as”.
Amendment agreed to.
I move amendment No. 99:
In page 41, line 7, to delete “has issued” and substitute “issues”.
Amendment agreed to.
Section 48, as amended, agreed to.
SECTION 49
I move amendment No. 100:
In page 41, line 12, to delete “an investigation” and substitute “the performance by an inspector of his or her functions under this Act”.
Amendment agreed to.
I move amendment No. 101:
In page 41, lines 17 and 18, to delete all words from and including “an” in line 17 down to and including line 18 and substitute the following:“a responsible person engages a worker, whether pursuant to a contract of services or otherwise, to carry out a scheduled activity,”.
Amendment agreed to.
I move amendment No. 102:
In page 41, lines 20 and 21, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 103:
In page 41, line 28, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 104:
In page 41, line 29, to delete “or approved training organisation’s” and substitute “or responsible person’s, as the case may be,”.
Amendment agreed to.
I move amendment No. 105:
In page 44, to delete lines 4 and 5 and substitute the following:
“(16) In this section—
“premises” includes any vessel, aircraft, vehicle and any other means of transport, as well as land and any other fixed or moveable structure;
“records, plans, reports, books or accounts” includes copies of records, plans, reports, books or accounts.”.
Amendment agreed to.
Section 49, as amended, agreed to.
SECTION 50
I move amendment No. 106:
In page 44, line 9, to delete “as soon as practicable” and substitute “not later than 30 days after the date on which he or she has completed the investigation”.
Amendment agreed to.
I move amendment No. 107:
In page 44, line 11, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 108:
In page 44, line 16, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 109:
In page 44, line 21, to delete “as soon as practicable” and substitute “not later than 21 days”.
Amendment agreed to.
I move amendment No. 110:
In page 44, lines 37 and 38, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
Section 50, as amended, agreed to.
SECTION 51
I move amendment No. 111:
In page 45, lines 10 to 14, to delete all words from and including “(1) Where” in line 10 down to and including line 14 and substitute the following:
“(1) Where an inspector is of the opinion, following an investigation under this Part, that—
(a) improper conduct referred to in section 45(1)(b) has occurred, and
(b) the contravention alleged to constitute that improper conduct was a contravention committed by a tutor,
the inspector may, before giving the investigation report to the licensing authority, give a direction in writing to the tutor concerned to submit an improvement plan to the inspector.”.
Amendment agreed to.
I move amendment No. 112:
In page 45, line 15, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 113:
In page 45, line 21, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 114:
In page 45, lines 27 and 28, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 115:
In page 45, lines 31 and 32, to delete “or approved training organisation”.
Amendment agreed to.
Section 51, as amended, agreed to.
SECTION 52
I move amendment No. 116:
In page 45, line 35, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 117:
In page 45, lines 37 and 38, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 118:
In page 46, line 5, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 119:
In page 46, line 12, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 120:
In page 46, line 16, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 121:
In page 46, line 21, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 122:
In page 46, line 25, to delete “or the approved training organisation”.
Amendment agreed to.
I move amendment No. 123:
In page 46, line 26, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 124:
In page 46, line 28, to delete “or organisation”.
Amendment agreed to.
I move amendment No. 125:
In page 46, line 31, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 126:
In page 47, line 7, to delete “or approved training organisation”.
Amendment agreed to.
Section 52, as amended, agreed to.
SECTION 53
I move amendment No. 127:
In page 47, line 11, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 128:
In page 47, lines 13 and 14, to delete “or the approved training organisation”.
Amendment agreed to.
I move amendment No. 129:
In page 47, line 26, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 130:
In page 47, line 28, to delete “or organisation”.
Amendment agreed to.
I move amendment No. 131:
In page 48, line 9, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 132:
In page 48, to delete lines 25 to 31 and substitute the following:
“(11) An inspector may, for the purposes of subsection (10), recommend to the licensing authority that it—
(a) suspend, in whole or in part, for a specified period, or revoke, the tutor licence, or
(b) prosecute the tutor for failing to comply with the prohibition notice,
or both, and shall give reasons for that recommendation.”.
Amendment agreed to.
Section 53, as amended, agreed to.
SECTION 54
I move amendment No. 133:
In page 49, lines 4 and 5, to delete “or the approved training organisation” and substitute “or person, as the case may be,”.
Amendment agreed to.
I move amendment No. 134:
In page 49, line 8, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 135:
In page 49, line 9, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 136:
In page 49, lines 10 and 11, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 137:
In page 49, lines 12 and 13, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 138:
In page 49, lines 15 and 16, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 139:
In page 49, lines 17 and 18, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 140:
In page 49, line 23, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 141:
In page 49, line 27, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 142:
In page 49, line 31, to delete “or approved training organisation,” and substitute “or responsible person,”.
Amendment agreed to.
I move amendment No. 143:
In page 49, lines 39 and 40, to delete “or the approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 144:
In page 49, lines 40 and 41, to delete “as soon as practicable after it is made” and substitute “not later than 7 days after the date on which the decision is made”.
Amendment agreed to.
I move amendment No. 145:
In page 50, lines 1 and 2, to delete “or the approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 146:
In page 50, line 3, to delete “or the approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 147:
In page 50, line 27, to delete “or approval, as the case may be,” and substitute “, in whole or in part,”.
Amendment agreed to.
I move amendment No. 148:
In page 50, line 28, to delete “or approved training organisation, as the case may be,”.
Amendment agreed to.
I move amendment No. 149:
In page 50, line 30, to delete “licence or approval, as the case may be, or” and substitute “licence,”.
Amendment agreed to.
Section 54, as amended, agreed to.
SECTION 55
I move amendment No. 150:
In page 51, line 4 to delete “37, 38, 41 or 42” and substitute “37 or 38”.
Amendment agreed to.
I move amendment No. 151:
In page 51, line 5, to delete “or an approval”.
Amendment agreed to.
I move amendment No. 152:
In page 51, line 6, to delete “or approval”.
Amendment agreed to.
I move amendment No. 153:
In page 51, line 12, to delete “applicant,” and substitute “applicant or”.
Amendment agreed to.
I move amendment No. 154:
In page 51, line 12, to delete “or approved training organisation”.
Amendment agreed to.
I move amendment No. 155:
In page 51, line 21 to delete “39, 43 or 47” and substitute “39 or 47”.
Amendment agreed to.
Section 55, as amended, agreed to.
Section 56 agreed to.
SECTION 57
I move amendment No. 156:
In page 53, line 27, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 157:
In page 53, line 31, after “licence,” to insert “or”.
Amendment agreed to.
I move amendment No. 158:
In page 53, to delete line 32.
Amendment agreed to.
I move amendment No. 159:
In page 54, line 31, to delete “or the approved training organisation”.
Amendment agreed to.
Section 57, as amended, agreed to.
SECTION 58
I move amendment No. 160:
In page 54, line 38, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 161:
In page 54, line 39, and in page 55, line 1, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 162:
In page 55, line 33, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 163:
In page 55, line 35, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
Section 58, as amended, agreed to.
SECTION 59
I move amendment No. 164:
In page 56, lines 1 and 2, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 165:
In page 56, line 10, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
Deputy Niall Collins: I move amendment No. 166:
In page 56, lines 11 and 12, to delete “or approved training organisation” and substitute “or responsible person, as the case may be”.
Amendment agreed to.
I move amendment No. 167:
In page 56, line 13, to delete “or approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 168:
In page 56, lines 16 and 17, to delete “or the approved training organisation” and substitute “or responsible person, as the case may be”.
Amendment agreed to.
I move amendment No. 169:
In page 56, lines 18 and 19, to delete “or the approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
I move amendment No. 170:
In page 56, line 24, to delete “or the approved training organisation” and substitute “or responsible person, as the case may be,”.
Amendment agreed to.
Section 59, as amended, agreed to.
NEW SECTION
I move amendment No. 171:
In page 56, to delete lines 31 to 37 and in page 57, to delete lines 1 to 14 and substitute the following:
“60. (1) (a) A person who—
(i) knowingly makes any false or misleading statement in any application or any document required thereunder or otherwise gives false or misleading information to the licensing authority or the appeals committee, or
(ii) forges, or fraudulently alters or uses, or fraudulently lends to, or allows to be used by, any other person, any licence under this Act, shall be guilty of an offence.
(b) Where a person is guilty of an offence under this subsection—
(i) the person shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, and
(ii) where the person is a licensee, the person’s licence may be revoked.
(2) A person who is guilty of an offence—
(a) under section 25(3) or 34(2)* shall be liable, on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or both,”.
[*This is a reference to a subsection proposed to be inserted by amendment No. 59.]
Amendment agreed to.
SECTION 60
I move amendment No. 172:
In page 57, line 19, to delete “or approval, as the case may be,”.
Amendment agreed to.
I move amendment No. 173:
In page 57, to delete lines 27 to 39 and substitute the following:
“instituted within 12 months from the date on which the offence was committed.”.
Amendment agreed to.
Section 60, as amended, agreed to.
Section 61 agreed to.
SECTION 62
I move amendment No. 174:
In page 58, line 24, to delete “safety awareness registration card, a”.
Amendment agreed to.
I move amendment No. 175:
In page 58, to delete lines 33 to 37.
Amendment agreed to.
I move amendment No. 176:
In page 59, lines 2 and 3, to delete “Safety, Health and Welfare at Work (Quarries) Regulations 2008” and substitute “Regulations of 2008”.
Amendment agreed to.
Section 62, as amended, agreed to.
Section 63 agreed to.
NEW SECTION
I move amendment No. 177:
In page 59, after line 26, to insert the following:
“Recognition of prior qualification
64. Recognising that those involved in construction work holding a qualification certified at Level 5 QQI (Quality and Qualifications Ireland) have previously used this to apply for further study at third level education, in lieu of a recognised Leaving Certificate, following the passing of this Act, there will be no adverse impact to that prior recognition of qualification for applications to third level study.”.
A huge number of amendments were tabled for this Stage, which has been difficult. I would like to have a briefing with the officials to get my head around the legislation, and I will follow up by email in that regard. I have been contacted by some people from the sector who are concerned that on the passing of the Bill, they could be decertified with respect to their qualifications, which have often been used to apply for third-level study by people who do not hold a recognised leaving certificate. To be honest, from what I could see in the Bill, I did not think that would be the case, but I nonetheless want to take precautions when somebody from the sector who is concerned has raised an issue with me. The amendment seeks to highlight that and ensure this recognition of prior qualification will remain in place.
That was the thinking behind the amendment. Perhaps the Minister of State could speak to that. To be clear, they were concerned that on passing this Bill, their qualifications - the QQI level 5 certification - could become decertified.
We are not accepting the amendment. As the QQI certification is for life, there is no impact on those who hold a CSCS or QSCS card. These cards can still be used to apply for third-level courses in lieu of a leaving certificate requirement and, therefore, this legislation will not impact current cardholders.
Furthermore, higher education institutions are autonomous bodies within the meaning of the Universities Act 1997, the Institutes of Technologies Acts, 1992 to 2006, and the Technological Universities Act 2018. Admission requirements for courses are a matter for the individual institutions to decide and are not a matter for legislation.
That is fair. It is welcome that it will not impact those people who are qualified and have that. Let us say that I want to do this next year. If I wanted to work in the sector and I did not have a leaving certificate, how would that impact me going forward? I am aware it is up to a third-level institution to decide, given points and everything like that. What I mean is if I were to decide that I wanted to get this level 5 certification and I did not have a leaving certificate, how would that impact me going forward? It not only about the people who are there now, but the people coming through as well.
Basically, it is a matter for any higher education institution to decide on their own admissions criteria. As the Deputy indicated, we can absolutely arrange a briefing for her to sit down with our officials and we can tease through that and any other concerns.
I understand what the Minister of State means about the third level institutions. I get that. Those who are certified will not be decertified and that is welcome. Both the Minister of State and the Minister will always say that they want to get people in to do different courses and that kind of thing. Obviously, we do not want to shut down their paths going forward - that it will have the same level of impact. I am happy, at this point, to have that tease-out discussion at another time with officials and I hope I will be satisfied on that. However, if not, I can bring it up again on the next Stage. I want to be sure to protect people going forward. That is important. I am happy enough not to press the amendment at this point. We can have that discussion and bring it further if need be.
Is the Deputy withdrawing the amendment or just not pressing it?
If I withdraw it, can I still bring it to next Stage?
Yes.
Amendment, by leave, withdrawn.
SECTION 63
I move amendment No. 178:
In page 60, between lines 15 and 16, to insert the following:
"
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Operation of rigid dump-truck |
|
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Operation of front-end loader |
".
Amendment agreed to.
I move amendment No. 179:
In page 60, to delete line 18 and substitute the following:
"
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Built-up roof felting |
".
Amendment agreed to.
I move amendment No. 180:
In page 60, to delete line 19.
Amendment agreed to.
I move amendment No. 181:
In page 60, to delete lines 26 and 27.
Amendment agreed to.
I move amendment No. 182:
In page 60, after line 28, to insert the following:
"
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Explosives |
Explosives storekeeping |
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Explosives supervision |
".
Amendment agreed to.
Section 63, as amended, agreed to.
TITLE
I move amendment No. 183:
In page 7, line 8, to delete “to provide for the licensing of approved training organisations;”.
Amendment agreed to.
I move amendment No. 184:
In page 7, lines 9 and 10, to delete “and approved training organisations”.
Amendment agreed to.
I move amendment No. 185:
In page 7, line 11, to delete “and approved training organisations” and substitute “and responsible persons”.
Amendment agreed to.
Title, as amended, agreed to.
Pursuant to Standing Order 187(3), the clerk will report specially to the Dáil that the committee has amended the Title.
Bill reported with amendments.