Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I take this matter, which was discussed on several previous occasions, on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy John Gormley.

The difficulties being experienced by homeowners whose homes have been affected by the use of pyrite in certain developments in and around County Dublin are fully recognised. However, the resolution of problems arising between building owners, including owners of public buildings, as well as home owners and the builders are matters for resolution between the parties concerned, namely, the building owner, the relevant developer and the builder's insurer. Where the construction of a building is the subject of a contract between the client and the builder, enforcement is a civil matter.

I wish to report on certain developments and actions since the matter of pyrite was first raised. As a first step, Fingal County Council, the building control authority for the area, made direct contact with the developers and the quarry concerned regarding problems encountered following the use of pyrite as an under-floor infill material in certain developments.

Having consulted the statutory Building Regulations Advisory Body, the Department issued a circular letter, BC 6/2007, to each county manager and local building control authority on 16 August 2007 to bring the issue of pyrite to their notice and to request co-operation in the enforcement of the relevant requirements set out therein. The circular also brought to their attention a notice issued by Fingal County Council on 26 July 2007 on this matter.

The certification of products is the responsibility of the National Standards Authority of Ireland, NSAI. When the issue of pyrite arose and following an intervention from the Department, the National Standards Authority of Ireland moved to reconvene its aggregates panel to give urgent consideration to the matter. The Department is represented on this panel, together with representatives and stakeholders of the construction industry.

Following a public consultation process, the NSAI has now published a new amended standard recommendation on the use of aggregates as infill for civil engineering and road construction work. The new standard recommendation came into effect on 7 December 2007 and the intention is that it will address the quality standards of new homes and buildings in so far as problems relating to pyrite are concerned. My Department will adopt this NSAI standard recommendation in the relevant technical guidance document associated with the building regulations. The NSAI has notified the EU Commission of this intention in accordance with statutory requirements and EU approval is currently awaited to the proposal. I am satisfied that the measures outlined represent the appropriate response to the issues raised.

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