Dáil debates

Thursday, 30 June 2022

Remediation of Dwellings Damaged By the Use of Defective Concrete Blocks Bill 2022: Second Stage

 

1:50 pm

Photo of Joe CareyJoe Carey (Clare, Fine Gael) | Oireachtas source

I welcome this opportunity to contribute to the Second Stage debate on this important legislation. The life-changing discovery by so many householders in County Clare of the presence of pyrite in their homes in recent years has exposed the fundamental flaw in the previous scheme, namely, that households in County Clare were simply excluded and had no access to grant aid and nowhere to turn for redress. The establishment of the Clare Pyrite Action Group by Dr. Martina Cleary in September 2020 has led to the welcome Government decision of 14 June 2022 to include County Clare in the new scheme we are debating today.

Affected householders in County Clare have travelled a long road to get to this point. I pay tribute to the sustained campaign of the Clare Pyrite Action Group led by its chairperson, Dr. Martina Cleary, and the vice-chairperson, Mary Hanley, working together with the director of services of Clare County Council, Anne Haugh, and her team of Siobhán McNulty and Tony Neville, together with expert engineer, Simon Beale. I also want to mention the great work of the The Clare Championjournalist, Fiona McGarry, who has covered this issue extensively over the past number of years.

The Clare Pyrite Action Group has identified 1,025 potentially impacted private homes, 17 private housing estates, five local authority housing estates and 11 large-scale public and private dwellings. I strongly believe this is a conservative estimate and many more affected homeowners will come forward given that County Clare is now eligible for this scheme.

The headline aspects of the new Bill are welcome and include the increase in the maximum grant available going from €275,000 up to €420,00 per dwelling; grant rates in keeping with the construction cost report prepared by the Society of Chartered Surveyors Ireland; a Government guarantee regarding remediation works other than full demolition and rebuild, that is, options 2 to 5, through eligibility for a second grant, if required, for a period of 40 years; the introduction of an independent appeals process for applicants, with all key decisions under the scheme appealable by homeowners; alternative accommodation, storage costs and immediate repair works to a maximum value of €25,000; the Housing Agency playing a key role under the enhanced scheme by taking on the financial cost of testing and assessing homes and determining on behalf of the local authorities the appropriate remediation option and grant rate for each dwelling; the extension of the enhanced scheme beyond the current scope of the principal private residence only to cover rented dwellings registered with the Residential Tenancies Board, RTB; and exempted development status under the planning legislation for remediation works carried out under the defective concrete block scheme on a like-for-like basis.

A number of concerns were expressed to me regarding the proposed new scheme and, as with everything, the devil is in detail. Many of these matters were discussed by the working group, which was set up in June 2021 and includes affected householders from counties Donegal and Mayo. This working group did not involve County Clare homeowners. While I acknowledge that the Clare Pyrite Action Group was given a briefing on the general scheme of the Bill by officials literally days after its publication, and got the opportunity last week to appear before the Joint Committee on Housing, Local Government and Heritage, that is the sum total of the group's involvement in this scheme, which is really disappointing.

The principal issues that have emerged and which were raised with me by the Clare Pyrite Action Group principally include the damage threshold. The concern from a County Clare perspective is that the proposed visual inspection of a 1.5 mm crack may leave Clare homes behind. I say this because access to core testing has enabled County Clare homeowners to make an undisputable case for inclusion in this scheme. The reality is that houses in County Clare might look visually fine, principally because homeowners have maintained the render on their homes. If a proper assessment were to take place as part of the assessment process, however, these houses will most certainly be found to be structurally unsound and dangerous. It is important that regulations that will accompany this Bill recognise this critical point and facilitate homeowners to have the right to appoint their own engineer who will work on their behalf and have access to results.

In terms of the Society of Chartered Surveyors Ireland, I believe that any new reports commissioned for calculation of the rates must include County Clare in order that there is no delay in Clare homeowners entering the scheme and beginning the remediation process as soon as the scheme opens.

With regard to the appeals process, the time limitations for this must be extended to at least 90 days to afford homeowners the opportunity to prepare any additional materials, as required, to prove their case. They must also be allowed to submit additional materials rather than prohibiting them from doing so. This could, for example, be additional independent evaluations of the property or testing. Remediation options must be appropriate for the damage caused by pyrite attack, which also includes the issue of foundations. Essentially, householders cannot rebuild their homes without scientific testing and its assurance that their house foundations are sound. There is also the option with regard to downsizing, which I think needs serious consideration. We also need to pursue with vigour the quarries responsible for this scandal and hold them to account at every opportunity.

Will the Minister in his concluding remarks respond to the matters I raised today and, where necessary, will he bring forward the required amendments to this Bill and the accompanying regulations? I also believe additional time is clearly required for the Joint Committee on Housing, Local Government and Heritage and its members to consider fully this legislation and the amendments that will be put forward. It is important that householders who, through no fault of their own, find themselves with crumbling homes can turn to a fit-for-purpose scheme that enables them to rebuild their homes and lives.

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