Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

It is good to see so many people contributing to a debate late on a Thursday evening. It shows how important it is. I again commend Deputy Duffy on bringing forward this Bill. As I have outlined already, the Government does not oppose this Bill. However, we must again highlight that, as currently drafted, the Bill has a number of technical and practical shortcomings which need further detailed consideration. We say that in a positive light rather than a negative one. I accept that this Bill has been put forward in good faith and I am confident that we all share the same principles as outlined in the Bill. The Government is happy for the Bill to proceed to detailed scrutiny so that issues arising with its provisions can be carefully examined. It is important that legislation which ensures that those responsible for defects should be held accountable for fixing them is consistent with and does not contradict existing legislation in the same sphere. I think we all agree on that. That is important.

As I stated earlier, the Bill fails to recognise the important and influential role of registered construction professionals, for example, architects, building surveyors and chartered engineers, in residential design and construction. The Bill replicates some of the requirements that are already set out in existing building control legislation, particularly in respect of the use of proper products and materials, the competence of those carrying out construction works and the quality of workmanship. In that context, I would respond to some of the points raised by Deputy Seán Crowe, Deputy O’Rourke and Deputy Martin Kenny. The great majority of builders out there take pride in their work. They do good workmanship. What we are trying to catch here is the rogue builders. It is important to state that there are a lot of very good builders out there and very good workmanship. Nevertheless, we must ensure that when people buy their homes, they are buying them in a way that they know they are fit for purpose. In many cases over the years, that has not been the situation. We accept that point.

The Bill also raises the issue of consumer rights and defective products and materials which will need to align with existing consumer protection legislation. In addition, reducing the risk of defects occurring in the first place must remain a priority policy item. While the enforcement of building control has been improved and developed significantly over the last ten years locally and nationally, further strengthening is required. In that context, the programme for Government and Housing for All commit to establishing an independent building standards regulator. The purpose of the regulator would be to strengthen the oversight role of the State with the aim of further reducing the risk of building failures and enhancing public confidence in construction-related activity.

The objective is to ensure the regulator has sufficient breadth of scope, effective powers for inspection and enforcement and the appropriate suite of sanctions.

As a first step, a comprehensive desktop study was undertaken by the Housing Agency in collaboration with the Department, which documented the current building control system and construction products enforcement systems in Ireland and other countries. It also provided an overview of other relevant regulators and inspectorates in Ireland. Building on the information in this study, which was completed in March 2023, the Department has commenced a dialogue with the County and City Management Association, CCMA, with a view to determining the scope, functions, role and structure of the regulator.The Minister intends to bring proposals to the Government early next year.

A pilot scheme is in place in Limerick, in my constituency. The enhanced defective concrete block scheme is up and running and the Minister reiterated today that we are committed to bringing forward defective apartments legislation and a scheme as quickly as possible. We are conscious of the difficulties people are experiencing. The Government's commitment to dealing with this matter should not be in any way underestimated. We want to get it right. The enhanced defective concrete blocks grant scheme is a new scheme and we are extending it to places like Limerick. The Deputy mentioned Sligo. It is up to the local authority to come forward with data and make a submission to the Department. The scheme is there. It is fair to bring it up in Sligo or wherever. Empirically based submissions with evidence must be made by local authorities.

I commend Deputy Duffy for bringing forward this Bill. He put a lot of work into it and we look forward to seeing what unfolds as it goes through detailed scrutiny. The Government is not opposing the Bill.

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