Joan Burton (Dublin West, Labour)
Link to this: Individually | In context

Question 61: To ask the Minister for the Environment, Heritage and Local Government his plans to ensure that Ireland will comply with the EU energy performance of buildings directive by 1 January 2006; if all buildings which are under construction or which will commence construction in 2005 will comply with the requirements of the directive; and if he will make a statement on the matter. [3922/05]

Paul Gogarty (Dublin Mid West, Green Party)
Link to this: Individually | In context

Question 128: To ask the Minister for the Environment, Heritage and Local Government if, in regard to the energy performance of buildings directive (details supplied), he has satisfied himself that sufficiently qualified auditors will be available here or elsewhere in the Union to ensure that new buildings will carry an energy rating label from 2006; and if he intends to defer this aspect of the directive's introduction until 2009. [3928/05]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 61 and 128 together.

The energy performance of buildings directive, Directive 2002/91/EC, was adopted on 16 December 2002. EU member states must legally transpose the directive by 4 January 2006. I plan to include the principal transposition provisions in the proposed building control Bill 2005, which is due to be published in mid-2005.

The directive provides for a longer period, up to 4 January 2009, for the practical implementation of more complex provisions. These provisions pertain to mandatory energy performance rating or "labelling" of newly constructed buildings and of existing buildings when they are sold or let; improvement of the energy efficiency of boilers; and mandatory inspection of air conditioning systems. Accordingly, the EU directive does not require that buildings under construction or commencing construction in 2005 must comply with the energy performance rating requirements.

An interdepartmental working group has drawn up a draft action plan for the implementation of the directive according to a proposed timetable. It provides for the development of an appropriate rating methodology and the training of auditors for building energy performance rating purposes. The working group comprises senior officials from the Department of the Environment, Heritage and Local Government, the Department of Communications, Marine and Natural Resources and Sustainable Energy Ireland.

Sustainable Energy Ireland submitted a draft of the action plan, on behalf of the interdepartmental working group, for my approval on 7 December 2004. However, Sustainable Energy Ireland advised me on 21 January 2005 that a revised draft of the plan incorporating a revised timetable would be forwarded to me. I expect to receive the revised draft shortly.

Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Does the Minister accept that those buying houses this week and who have bought them are not aware that from 4 January 2006 they will, if selling those houses, be required under European law to produce a certificate on their energy efficiency? Does he accept that since the directive will apply to houses that are to be purchased or let after 4 January next year, houses currently under construction will come under the remit of the directive?

The Minister is delaying the introduction of the directive. The derogation to which he referred, namely the extension of the implementation period to 2009, only applies to some technical aspects of the directive such as the appointment of inspectors. However, the main thrust of the directive will require energy labelling of every building sold, let or built after 4 January 2006. Does the Minister not agree that proposals on this matter are urgently required?

People looking at showhouses this week are not being told that if they buy them, they will have to produce certificates on their energy efficiency when they resell them. If a house is built with a cavity block or built in some other energy-inefficient manner, its owner will have a problem and will be at a loss. Many who have bought houses recently will be saddled with a loss on the resale of their houses. Will the Minister come clean to those buying homes or who own homes and inform them that they face a major shock next January? Is it not the case that the slow pace at which he is introducing the regulations and giving effect to the directive is not helping anybody?

Ciarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Does the Minster agree that the energy performance of buildings is crucial to meeting our obligations under the Kyoto Protocol on greenhouse gas emissions? Does he agree that the construction sector is one of the few sectors in which we can make real change right now? Is he aware that the derogation on this directive is only available if there are no qualified people to implement it within the entire European Union? Why is the Minister putting this issue on the long finger? Is he doing so because he is being lobbied by the construction industry? Given that people are entitled to an energy rating label on a fridge, they should surely be entitled to one for their homes when they buy them.

Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context

Many new and effective energy-saving devices are available and they improve every day in respect of insulation for internal and exposed walls.

When and how will the directive be implemented? If we knew that, householders and those selling their houses might know where they stand.

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

I thank the Deputies for their contributions but they characterise the urgency of this matter very inaccurately. I am aware of this problem. Most EU member states find the implementation of this Bill very complex. I agree it is important to have the label as soon as possible. This is not the only country that will experience difficulties in this regard. Contrary to what the Deputies have suggested, Ireland is one of the few member states known to be planning to publish an integrated action plan for implementation of all aspects of the directive.

It is not correct to say that the possible derogations are narrow. The provisions are complex and the possibilities of derogation being there until 4 January 2009 was prudently examined. It is wrong, and unjust to suggest that there is footdragging in this regard. Work is ongoing. It is a complex area. I will introduce it as soon as possible.

Deputy Gilmore is probably correct in saying that many people are not aware of what this and many other European directives contain. The reality facing me, and my Department, however, is an extremely complex directive that must and will be implemented. There is no attempt to put it on the long finger.

Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

As we are so often told in this House the country is producing record numbers of houses, which we all welcome. It does not make sense that so many houses are being built, and will be, which will fall short of the requirements for energy efficiency labelling. I appreciate that it takes time to put the legislation in place and regulations arising out of it, and so on, but some steps should be taken now to ensure that the materials used in house-building, design and insulation are such that homes under construction will be at the top of the energy labelling requirements.

It seems quite unfair that the Government knows that from next January people re-selling or letting their houses must produce a certificate of energy efficiency. Nevertheless, the Government allows construction to continue in a way that is not energy efficient. I agree with Deputy Cuffe that the Government is responding to pressure from the construction industry, and allied industries, which are quite hostile to the development of energy efficient means of construction.

Ciarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

There is a history of broken promises in regard to introducing more efficient measures in the building industry. For example, in the climate change strategy this Government promised to introduce incentives by the end of 2003 on building leases to encourage higher insulation levels.

It is on course to break another. Is the cement lobby whispering in the Minister's ear? Will this result in the European Commission yet again taking the Government to court because it is not implementing directives in a timely manner?

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

I am frankly surprised, given all that I have said about certain sectors of the industry over the years, that Deputy Cuffe should believe that any section of that industry can whisper in my ear.

Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context

Maybe they are shouting into it.

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

They have to do that to Deputy McCormack.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Do they go into the Fianna Fáil tent in Galway?

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

The Deputies should be careful. I will not go down the avenue into which they are drawing me. Nobody has lobbied me on this issue.

Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context

The Minister is being lobbied now.

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

Deputy Cuffe's paranoia in this regard is misplaced. No one has whispered in my ear or otherwise lobbied me.

Ciarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

I thought the Minister described me as a realist.

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

I have never described Deputy Cuffe as a realist. I am too friendly with him to describe him as I think he is but a realist is not one of the descriptions I would use.

Nobody has lobbied me on this issue and there has been no general lobbying of which I am aware. It is complex, as is recognised in the body of the directive. Deputy Cuffe is correct, we should get this up and running as soon as possible but it is difficult.

Deputy Cuffe asked about auditors. There will be no surplus in the European Union, there will probably be shortages in that regard. That is why we must undertake some training on the issue.

To answer Deputy Gilmore, it is not possible retrospectively to change the existing arrangements. His point about public knowledge may or may not be correct. My Department and I are trying to put in train the operations which will bring this into effect as expeditiously as possible. It is very complex and cannot be done overnight.

Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

The Minister might require the vendors, particularly of new houses, to provide an information notice or warning to prospective purchasers that after January next the dwellings will require an energy certificate if they are to be resold. That is only fair. People buying houses should know this.

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

Hopefully the exchanges we have had today will go some way to help redress the lack of public information on this issue. Deputy Gilmore's suggestion may not be very practical but I will consider anything the Deputies propose because this is a serious issue and will continue to be so. Questions arise about how to implement the directive and determine whether the vendor has responsibilities or the purchaser has sole responsibility, which does not seem fair but it is too early to answer them.