Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank Deputy Casey for sharing time. I have read the report and the appendices, although I was not a part of the committee at the time. I commend Deputy Ó Broin and the Chairman, Deputy Bailey, on the work they have done.

In the few minutes available to me, I will focus on a couple of issues. There are some very practical recommendations. What I thought telling from all the remarks thus far is that I believe all of us understand that the regime as it is now is not fit for purpose and could be improved greatly. While it has improved somewhat since the 2014 regulations, more needs to be done. Where I agree completely with Deputy Casey and with others is on the recommendations in regard to a building standards and consumer protection agency. The most significant and expensive purchase anyone or any family will make is the purchase of a family home. The idea that the State should not be involved in overseeing that by way of consumer protection is something with which I do not agree. I hope the Minister hears the comments of the members of the committee. While I do not mean this as a criticism but simply as a comment, the Minister in his response seemed to suggest very little of the report is acceptable to the Government.

I want to address two items. The Minister stated that building defects are matters for resolution between the contracting parties involved, such as the homeowner, the builder, the developer and so on. It would be great if that were the case but he should talk to the people who had pyrite in their homes. Members across the House, including the former Minister of State, Shane McEntee, were crucial to setting up the pyrite remediation scheme that is in place. However, let us consider how Homebond was allowed to walk away. We talk about structural guarantees or warranty schemes but - I debated this at the time with the then Minister, Phil Hogan - no one in the industry has paid into the scheme, although some builders have done so voluntarily. We need to look at how warranty schemes and companies like Homebond, OSG and others operate. We need to be in contact with the Financial Regulator and the Central Bank in order that the licence of an insurer that basically states the defects are not structural and therefore it is not paying out, thereby blanking thousands of homeowners, can be examined. That is where a consumer protection agency comes into play.

I draw to the Minister's attention the issue that arises on page 14 of the report with regard to protecting against latent defects, in particular part 3, which raises the issue of the Statute of Limitations. The original pyrite report of the expert panel highlighted the issue of the Statute of Limitations needing to start from the date any defect - not just pyrite - is independently identified. Many people have been hamstrung by the Statute of Limitations as it currently exists. I produced a Bill in the last Seanad that would have dealt with this. I believe this recommendation by the committee is crucial because there can be instances where issues do not arise or present within seven years and they are then outside the Statute of Limitations. That is something we can do and it is not going to cost the Government any money, so I believe it is a reasonable suggestion.

I am glad to hear the Minister is in receipt of the report from the National Directorate for Fire and Emergency Management. As part of that, and we could take the Metro Hotel incident as an example, I believe the area risk assessments were insufficient and when the Minister has had time to study the report, we might have an opportunity to debate it in the House and to see how this can be improved. Fire safety across commercial and residential is paramount to all of us. Thank God no one was injured or killed in the Metro Hotel and that was down to the swift action of the Dublin Fire Brigade. However, we need to learn lessons very quickly with regard to how we can improve.

I very much commend the committee and all its members on putting together this report and on highlighting clearly some practical recommendations that can be implemented.

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