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Dáil

Ceisteanna — Questions. Oral Answers. - Draft Building Regulations.

asked the Minister for the Environment whether local authorities are now entitled to enforce the standards laid down in the Draft Building Regulations, 1976; and, if so, how.

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

Local authorities are not at present legally entitled to enforce the standards laid down in the draft building regulations. Pending the enactment of enabling legislation now being prepared, they have, however, been asked to have regard to the requirements of the regulations as if they had statutory backing, as have all other bodies concerned in their operation. Local authorities have been requested in particular to have regard to the requirements of the draft binding regulations in dealing with applications for planning permission and bylaw approval and to obtain an indication from applicants of the extent to which the requirements of the draft regulations have been taken into account in the preparation of their proposals. They have also been requested to carry out spot checks on buildings to monitor whether the provisions of the draft regulations have been followed.

Comment on this

Could the Minister indicate to the House, and for the benefit of the local authorities and others involved, how regulations can be implemented as if they had force of law without their having the force of law?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

I have already given a reply to that question. I accept completely that it is less than fully satisfactory. However, the enabling legislation is well advanced and I can assure the Deputy that it will be before the House as quickly as possible.

Comment on this

Can the Minister say what steps are open to the local authorities to take against somebody who fails to adhere to the exhortations with regard to the draft of draft building regulations? What steps are now open to the local authorities to discipline anybody who continues to violate flagrantly that draft of a draft?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

A number of the local authorities have in existence by-laws as well as these draft building regulations.

Comment on this

How many?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

There are not many of them, I accept.

Comment on this

Six out of 42.

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

As I said, it is not a fully satisfactory situation. I am not saying it is.

Comment on this

The Minister does not exaggerate, that is one thing.

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

I have accepted that it is not a fully satisfactory situation. I have no doubt that responsible architects and contractors in the very short interval pending the introduction of the legislation, will meet the requests of the local authorities on a voluntary basis.

Comment on this

In relation to the question of enabling legislation, could the Minister give us some indication as to the method of administration of the by-laws and the extent to which the discussions which have taken place with his Department have finalised proposals for a system of self-certification for architects and engineers?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

The whole system will be included in the legislation. I am not prepared to go into the details of the legislation in advance.

Comment on this

Could the Minister confirm that a system of self-certification is being considered?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

The system of self-certification is being considered, yes.

Comment on this

The Minister still has not answered my question.

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

I have no power to make statutory regulations——

Comment on this

I am not trying to delay the House. If I were trying to obstruct it I would ask for each of these questions to be raised on the Adjournment. The Minister has consistently refused to answer.

Comment on this
Padraig Faulkner An Ceann Comhairle Fianna Fáil

That is not a matter for the Chair. The Chair has no control over the Minister's answers.

Comment on this

I appreciate that.

Comment on this

The Minister sidesteps all the issues.

Comment on this
Thomas J. Fitzpatrick Mr. T.J. Fitzpatrick Fine Gael

(Cavan-Monaghan): The Government are particularly sensitive in this area.

Comment on this

The Minister gave no help to the local authorities. Some indication should be given of what steps are being taken against irresponsible operators.

Comment on this

The answer is that they have none.

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

As I have already admitted to the Deputy, it is a less than satisfactory situation which will be tidied up as soon as possible.

Comment on this
Padraig Faulkner An Ceann Comhairle Fianna Fáil

Ceist 9.

Comment on this