Niall Collins (Limerick County, Fianna Fail)
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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.