Mr. Damien Owens:

I am pleased to appear before the committee on behalf of Engineers Ireland. I am the director general of Engineers Ireland and a chartered engineer. I am joined by Mr. John Garrett, who is also a chartered engineer and a member of the Engineers Ireland’s IS 465 register with many years of experience in dealing with homes affected by this issue. Mr. Garrett is not an employee of Engineers Ireland but a member of our institution.

Engineers Ireland is one of the oldest and largest representative bodies on the island of Ireland with more than 25,000 members and it is provided with statutory authority in Ireland pursuant to the provisions of The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969 to award the title of chartered engineer. Our organisation has supported the introduction of the defective concrete blocks grant scheme since its inception and since 2019 maintains an IS 465 register, which lists chartered engineers who have the necessary direct professional experience, competence and specialist training, in accordance with the requirements set out in IS 465. Many of our members have been involved in the assessment and remediation of affected properties since this issue first emerged and much of the feedback from registrants’ experience has been incorporated into an amendment of the scheme, such as extending the number of counties covered.

At a meeting of the Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach on 1 May, we articulated a number of issues relating to current enhanced defective concrete blocks grant scheme. First and most pertinent of these matters is the challenge posed for all professionals working in this area by issues concerning IS 465. IS 465 is now under much-needed review by the NSAI. While it is important the outcome of this review should not be pre-empted in this response, it is nevertheless the view of many engineers that the existing standard is no longer fit for purpose in an evolving situation and developments in the scientific understanding of this issue must be appropriately considered. The completion of the review is both essential and urgent, especially given the requirement of engineers employed by the Housing Agency to address an “indication of the potential for future deterioration of retained blocks in their current state” within its reports on recommended remedial options for properties. Engineers Ireland is calling on the Government to divert all necessary resources to the NSAI to ensure a revision is completed by the end of the year. The completion of this revision is necessary to provide clarity and confidence to all those affected by this issue, including building professionals.

Second, a number of applicants remain within transitional arrangements from the previous defective concrete blocks grant scheme. These transitional applicants had their homes assessed by chartered engineers at first instance who made recommendations as to the appropriate remediation option for those properties under the scheme. Such a recommendation is then subject to a review by a chartered engineer employed by the Housing Agency who makes a determination as to the remediation option that will be ultimately approved for that property. In some instances, issues have arisen due a recommendation for a remediation option by an engineer employed by a homeowner differing from that determined by the Housing Agency. It is submitted that, given the research on a review of IS 465 has not been completed, where a discrepancy exists between the recommendation of a member of the register and the Housing Agency, the higher option of the two should be preferred to provide greater assurance to homeowners and building professionals.

Third and finally, a chartered engineer providing an opinion on the condition of a building will have professional indemnity insurance. However, there is evidence that some insurance providers are excluding work with deleterious materials from their cover. Given the quantum of remediated properties and the total sum of grants awarded under the scheme may exceed €2 billion, it is unreasonable to expect a relatively small number of professionals to shoulder the potential indemnification costs, not least for periods long after retirement. Such concerns were evidently considered by the Oireachtas when enacting the legislation governing the scheme. Section 45 of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 currently provides indemnification to all persons working under the auspices of the scheme, with the exception of building professionals not employed by the State carrying out duties under the Act. Section 45(2)(d) provides for the indemnification of “any competent building professional as described in section 12 and carrying out their duties under this Act”. However, this paragraph is not yet commenced. Engineers Ireland is calling for this paragraph to be commenced immediately to address this lacuna in indemnification. While this will not address issues related to the ongoing review of IS 465, it can provide protection to professionals working in an area where the scientific understanding of the issue continues to evolve.

I thank members for their time and am happy to answer any questions.