Mr. Aidan O'Connor:

To clarify, the Department does not have a role in the context of inspecting sites. At that time people could apply to obtain the first-time buyers' grant or to access whatever schemes were available. An inspection was carried out by one of the Department's inspectorates and this focused on floor area compliance. Under the definition which then existed, the floor area defined the threshold relating to whether one's property would be exempt from stamp duty. The inspection to which I refer was carried out on behalf of the Revenue Commissioners. At that stage there was a tax exemption scheme in place and, effectively, this was for first-time buyers. An inspector from the Department visited the site but that was to examine the position with regard to floor areas. His inspection was not for building control purposes. The certificate issued in respect of the floor area inspection stipulates that it is not for such purposes. The reason for this is that building control is clearly defined as being the responsibility of local authorities. The Minister and the local authorities must, in a way, act separately and respect each other's areas of responsibility.

Defects were first noticed internally as a result of exploratory that was work carried out. Effectively, this was at completion and occupation stage. Dublin City Council discovered a number of issues and obliged the contractor to return to review these. It became concerned with the lack of fire stopping in the cavity walls. The internal structure in those units is timber frame but the outer skin is brick. Some parts at the top of the building have timber cladding. For the most part, however, there is an outer skin of brick. There were concerns about how this skin was fixed to the building. Where apartments are separate from each other, there would have to be fire stopping in place around each of them and concerns also arose in respect of this matter. To put it very simply, Part B of the building control regulations requires compartmentalisation. The latter is taken very seriously by anyone who is involved in construction because compartmentalisation must be maintained in order that a fire in one unit will not spread to others. If there is a fire in a structure that is properly compartmentalised, then the emergency services can focus on saving those who are in the unit in which the fire breaks out.

The absence of a fire-stopping material in the cavity walls at Priory Hall became a serious issue. The way in which the external wall was fixed to the internal walls of the structure also gave rise to questions. The former is supposed to be attached to the latter at the points at which the structure is strongest. A procedure exists in this regard. The Department was instrumental in having the timber frame construction consortium report carried out in 2002 - it was published in 2003 - which indicated that any such construction applying to multiple units would have to be done according to the manufacturer's requirements and specifications. The latter are quite detailed. I am only offering an opinion here but I must state that if fire stopping material was absent, then it was not done in accordance with the manufacturer's requirements and specifications.