Phil Hogan (Carlow-Kilkenny, Fine Gael)

I am acutely aware of the difficult and distressing position faced by many homeowners and tenants who have been affected by the pyrite problem. In this context I welcome the judgment issued by the High Court on 25 May 2011 in the case of James Elliott Construction Limited v. Irish Asphalt Limited. The judgment in that case found Irish Asphalt Limited liable for the supply of defective filler material.

The remediation of homes affected by pyrite is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers. Enforcement is essentially a civil matter. I understand that following civil proceedings relating to homes affected by pyrite in north Dublin, a final settlement was reached and a trust fund established by the developer concerned. My Department is aware of one regeneration project, Ballymun regeneration, where higher than acceptable levels of pyrite have been discovered at three locations, namely the Ballymun central youth facility, a new apartment complex at Sillogue 4 and completed and tenanted units at Poppintree 5.

With regard to the youth facility building, remedial works costing an estimated €1.25 million were carried out satisfactorily by the contractor in accordance with the terms of the contract and at no extra cost to the Exchequer. In the case of the apartment complex at Sillogue 4, extensive remediation works are deemed necessary. The regeneration company, with the support of my Department, has been engaging with the contractor to identify the optimum solution. As this is a live contract, it is envisaged that the remedial works will be carried out under the terms of the contract and at no additional cost to the Exchequer.

My Department was recently notified of a potential pyrite problem at a completed and tenanted development at Poppintree 5. The regeneration company, together with Dublin City Council, is currently assessing this matter. As soon as all the facts have been established, the regeneration company will put measures in place to ensure that residents are fully informed of the extent of the problems and the solutions to be put in place to address these. I will inform the Deputy at the same time.

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