Dáil Éireann Debate, Tuesday - 4 December 2012
239. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the position regarding the Construction Contracts Bill; when his Committee Stage amendments will be published; and if he will make a statement on the matter. [53824/12]
View answer251. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform if he will expedite the enactment of the Construction Contracts Bill as many contractors are under existing legislation are not receiving their due payments in a timely fashion forcing many contractors to shed workers and in some cases close down and go out of business; if he will immediately reactivate the Bill to ensure that the 98,000 persons still employed in construction jobs are able to stay in employment. [54543/12]
View answerI propose to take Questions Nos. 239 and 251 together.
The Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In this regard, my colleague Minister of State Brian Hayes is working with Senator Feargal Quinn to develop the Senator’s private member’s Construction Contracts Bill into a robust piece of legislation. The Bill has passed Second Stage in the Dáil. During the Second Stage reading of the Bill, Minister Hayes signalled to the House his intention to bring proposals to Government on Committee Stage amendments dealing with issues that would include:
- Thresholds: In order to ensure that the legislation applies to the majority of Construction Contracts the scope of the legislation will be broadened by reducing or removing the current monetary thresholds contained in the Bill.
- Adjudication: This issue of making adjudication awards binding for both the public and private sectors is a complex issue. It is important to strike the right balance between giving this legislation the necessary enforcement provisions, whilst ensuring that the application of the legislation is equitable and the taxpayer is safeguarded.
When these and a number of other issues have been examined, Minister Hayes will bring proposals to Government in advance of Committee Stage early in the New Year. This is an important piece of legislation aimed at creating a more level playing field between contractor and subcontractor in the construction sector. Therefore it is essential that these complex issues are properly assessed so as to avoid imposing unnecessary regulatory or cost burdens on parties in dispute, the State or others.
