Oireachtas Joint and Select Committees

Thursday, 1 June 2023

Public Accounts Committee

Appropriation Accounts 2021
Vote 34 - Housing, Local Government and Heritage
Local Government Fund Account 2021
2021 Report of the Comptroller and Auditor General
Chapter 6: Central Government Funding of Local Authorities

9:30 am

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein) | Oireachtas source

We are therefore looking at approximately €6 billion to cover those three major issues. Back in the year of our Lord 1946, an Act was passed by the Oireachtas. It was the Industrial Research and Standards Act 1946. Section 21 provided for a statutory instrument, S.I. Is Mr. Doyle aware of this? It states that:

"Every person who makes any representation which is false in any material respect that any commodity, process or practice is of standard specification shall, unless he proves that he acted without intent to defraud, be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a period not exceeding six months or to a fine".

Specifically, a statutory instrument came from this in 1949. It was S.I. No. 288/1949, the Standard Specification (Solid Concrete Building Blocks Made With Natural Aggregate) Order, 1949. It deals with harmful impurities and it goes on to state what they are. The relevant section states:

The aggregate shall not contain harmful material in sufficient quantity to affect adversely the strength or durability of the concrete. Mica, shale or similar laminated materials, or soft particles, shall not be present in such a form or in such quantity as to affect adversely the concrete.

It is very specific. It states that in the case of fine aggregate there should be no more than 3% for natural sand. There should be no more than 5% for crushed stone. In the case of coarse aggregate, it should be 1%. To me, that is very simple. I am not an engineer, but I can understand what it is saying.

We have just had a conversation about the National Building Control Office. If the media reports are correct - and I have not heard them being contradicted this morning or since they came out over the weekend - clerical officers are being sent in to fill gaps where engineers and lab technicians may be needed. They do not have the staff they need. Huge bills are clocking up. We here in the Committee of Public Accounts are looking at this and asking how we can protect the public purse. I am sure everybody and the people in the Department want to do this as well. However, I am getting no comfort. My doubts are not being erased here this morning if it is being left to do by the county council, or the city council in this case. I am not coming down on Dublin City Council in particular, but they will have their own priorities. Mr. Doyle and I both know how it works in the local authorities when there is an attachment like this and where there are shared services.

This needs to be a stand-alone office. There is the question of the red flags and red flags on fire, which were raised in January of last year. This is almost a year and a half ago. In fact, it will be a year and a half ago this month, because we are in June. They have still not even come to the attention of the Oireachtas. We cannot say here this morning what action has been taken on it. Who in Mr. Doyle's office and in the Department has gotten back to Ms Whelan to tell her that we have a serious situation and asked her what they can do to help?

There is the fact that in excess of 30,000 homes were built last year. There will possibly be in excess of 35,000 homes this year. That is all good. Yet, here we are saying, "Here we go again". We spent a whole decade. I can bring Mr. Doyle to estates that are not yet finished because of the last mess we created during the 2000s. Some of us who tried to raise these matters at the time were told we were anti-jobs and anti-housing, but we were simply trying to raise these certain serious matters that were sitting in front of us. Any common Joe Soap could see what was going on in terms of building standards and building regulations.

Here is this legislation from 1946. They had very little technology. They did not have computers. They had very little way of working. Yet, they had very clear specifications. How can we continue like this? Can Mr. Doyle understand my frustration from my point of view as a member of the Committee of Public Accounts? Members of the public are looking in on this and they will ask why this was not acted on. Has any complaint been made to An Garda Síochána regarding fraud in relation to mica? There were a whole pile of suppliers here, and where are they now? Even if they have gone out of business, there are still the people. They were directors of companies. Has anybody looked at this in terms of taking a prosecution?

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