Terence Flanagan (Dublin North East, Fine Gael)

I welcome the Minister's two amendments in the area of fire safety, an area which requires and should receive due attention. At present, the system of fire certificates is such that they are awarded by local authorities based on drawings. No physical inspection takes place to ensure the complex is completed and constructed in accordance with the drawings. Some developers have submitted perfect drawings but the actual construction of the corresponding apartment complex has not been in accordance with these drawings. This is the nub of the problem. One such complex is in my constituency and in this case Dublin City Council has removed its tenants but the tenants in privately owned dwellings remain in an unsafe and unfit building. Their lives are at risk and this has been ongoing for the best part of two years. It is most unsatisfactory. Will the Minister advise on who would be a suitably qualified person to issue a fire certificate? Will there be a change in the current procedure? Will there be a physical inspection of the complexes to ensure they are constructed in accordance with the drawings and that there is no question of light touch regulation?

I fully support the amendments tabled by Deputy Stanton. Deputy Rabbitte referred to the issue of completion of a development. The nub of the problem is where a complex has not been completed and the developer has moved on to the next project without addressing adequately the first complex. The issue of the bond and the 5% retention is remarkably relevant in this regard. The matter was raised previously by the Law Reform Commission and it provided an excellent suggestion. It is a pity it cannot be enshrined in the legislation. The local authority should take more of a role to ensure that a development is constructed in accordance with the planning permission it has granted. That should somehow be included in the legislation.

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