Seán Sherlock (Cork East, Labour) | Oireachtas source

The issues which have emerged in Longboat Quay are a matter for the Dublin Docklands Development Authority, the receiver to the developer, residents of Longboat Quay and their management company as well as Dublin Fire Brigade to resolve collaboratively. I cannot answer for the charges that have been made by the Deputy in respect of the Dublin Docklands Development Authority. The Department of the Environment, Community and Local Government understands that all parties are actively engaging to find a resolution to the situation that has arisen. While Dublin Fire Brigade has been proactively engaging with all concerned for several months it cannot wait indefinitely for matters to be resolved and has, accordingly, this week signalled its intention to serve an enforcement notice. I do not know if events today have overtaken that.

Local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in residential developments. Compliance with the statutory requirements in regard to a building is, first and foremost, a matter for the owners, designers and builders concerned. A charge has been made here against the architect and the designer. The Department of the Environment, Community and Local Government has no function in assessing or checking compliance, or otherwise, of specific works or developments, nor can the Department or the Minister, Deputy Alan Kelly, influence or interfere in the handling of specific cases by local authorities who are at all times independent in the use of their statutory powers.

The Minister has a role in ensuring that adequate arrangements are in place to avoid the recurrence of such problems elsewhere. In this regard a number of legislative reforms have been put in place since the Longboat Quay development was built which greatly strengthen the arrangements in place for the regulation and oversight of such developments. The statutory registration of key construction professionals under the Building Control Act 2007 means that such professionals may now be subjected to professional conduct proceedings where instances of professional misconduct or poor professional performance arise - ultimately this may lead to removal from the statutory register which would affect the professional's ability to earn their livelihood. Building control regulations were amended to require on and from 1 March 2014 greater accountability in regard to compliance with building regulations in the form of statutory certification of design and construction by registered construction professionals and the Multi-Unit Development Act 2011 further requires developers to supply a certificate of compliance with fire safety from a registered construction professional in each such development.

It is also worth noting that the Minister, Deputy Alan Kelly, in the interests of supporting owners and residents living in developments where concerns regarding compliance with fire safety arise, recently announced a review by an independent fire safety expert to develop a framework for general application in such situations. This review will outline general advice and guidance which can be used by owners-residents and their professional advisers, to ensure that an adequate level of safety is in place for persons in and about their development. This may include making provision for appropriate or enhanced fire detection and alarm measures; checking that appropriate escape routes from the premises are available, designed in accordance with current standards; and ensuring evacuation plans are rehearsed in each premises in the event of a fire incident.

The review is being overseen by a steering group comprised of the Department of the Environment, Community and Local Government and local authority representatives under the chair of Mr. Martin Riordan, former manager of Cork County Council. The steering group will prepare its report by 31 January 2016.

May I conclude by saying I do not want to give political platitudes to anybody. I do not know what it is like and I cannot imagine what it is like for the residents of Longboat Quay except to say that there is widespread sympathy for the plight in which they find themselves at this time.

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