Dáil debates

Thursday, 7 June 2012

Private Members' Business. Building Control Regulations: Motion (Resumed)

 

11:00 am

Photo of Brendan  RyanBrendan Ryan (Dublin North, Labour)

As my speaking time is limited, I will be unable to go into the level of detail this matter requires at this stage. While the motion has merit and raises very serious issues for debate, it is slightly premature because it cuts across two processes which are already under way, including consultation on the Draft Building Control (Amendment) Regulations 2012 and the work of the pyrite panel, which is specifically addressing the pyrite issue. Established last autumn to explore options for an agreed resolution to the issue of pyrite contamination in private housing stock, the panel was initially expected to report earlier this year. Its failure thus far to do so is a cause of much frustration to the affected homeowners and Members of the Oireachtas, including me.

I met members of the pyrite panel on three occasions, most recently less than two weeks ago. Each time, I impressed upon them the concerns of people from my constituency and elsewhere who are suffering daily as a result of the effects of pyritic heave in their homes. The panel's report is complete and I await its content with much anticipation. I hope for speedy Government action on foot of its recommendations. It is essential that the developers responsible for building pyrite affected homes take responsibility for the problems they have caused. Some of them, including a number who remain active, will not engage with homeowners until the pyrite panel publishes its report. This approach is unacceptable and especially frustrating for homeowners. Others are responding to homeowners by having remedial works done where a problem exists. Unfortunately for the homeowners in question, many developers have gone bust, which creates a special problem and challenge.

The affected homeowners are concerned about the Statute of Limitations. In such cases, it is incumbent on the Government to work out a formula or establish a mechanism which resolves the problem. The individuals concerned do not have anywhere else to go. HomeBond has been a disaster and for this reason a levy on the construction industry to raise a fund for remediation works would be a progressive and fair approach. I note such a proposal would be supported by the Pyrite Action Group.

The Draft Building Control (Amendment) Regulations 2012 are in public consultation and many people, some of whom were in the Gallery last night and are present again today, have made submissions on them. Last night, the Minister indicated that 500 such submissions had been received. Given the importance of this issue and the merits of the case put forward today and last night, I call on the Minister to have a full debate on the draft regulations once the consultation process has been completed and before he signs the statutory instrument into law. In January last, my party colleague, the Minister of State, Deputy Sean Sherlock, took statements in the House on a statutory instrument which amended section 40 of the Copyright and Related Rights Act 2000, thus setting a precedent for debating statutory instruments in the House. With due respect to the issue discussed by the Minister of State, it pales in comparison with the seriousness of the issue before us. For this reason, I call on the Minister to agree today to hold such a debate. Given the number of problems in construction in the past, we must get building regulations right this time around.

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