Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 58: To ask the Minister for the Environment, Heritage and Local Government if he will make a statement on the concerns raised by a person (details supplied) in regard to the revision of the energy performance aspects of the Building Regulations in their presentation to the Oireachtas Joint Committee on Environment and Local Government on 6 April 2005. [11277/05]

Dick Roche (Wicklow, Fianna Fail)
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A number of misleading claims were made following a recent meeting of the Oireachtas Committee on the Environment and Local Government in regard to energy performance aspects of the Building Regulations.

I am grateful to Deputy Cuffe for this opportunity to state that I reject absolutely the allegations that were made by an individual that energy conservation standards under Part L of the Building Regulations are being driven by special interests in the construction industry. As I pointed out, independent research has shown that Ireland's thermal performance and insulation standards for new dwellings, as revised in 2003, are among the highest in the EU. Since their introduction in 1992, under the Building Regulations successive Ministers have progressively increased the insulation standards for new dwellings and they are due for further upward adjustment in 2008.

I stress that, since 1996, proposals for amending Building Regulations are formulated in an open and transparent way, which protects against any improper or undue influence being exercised by any particular sectoral interest. My Department drafts the amending regulations and any related amended technical guidance. The draft amendments are then considered, and usually amended, by the Building Regulations Advisory Body. This body was established under section 14 of the Building Control Act 1990 and includes nominees from various construction industry organisations, local authority managers, the Chief Fire Officers Association, and the Irish Building Control Institute. The Minister then approves publication of the draft amendments, for public or industry comment, usually within a period of three months. The draft amendments are then revised in light of the comments received, in consultation with the advisory body.

The other principal claims made by the individual in question, who has a vested interest in this industry, at the recent meeting of the Oireachtas committee relate to the implementation of the EU Energy Performance of Buildings Directive. I intend shortly to approve publication by Sustainable Energy Ireland of a draft action plan for the implementation of this directive. The action plan will provide for progressive implementation over the period from 2006 to 2009, starting with new dwellings. There will be a period of three months for comment by the general public, elected representatives, the construction industry, the auctioneering and legal professions and other groups. The action plan will then be finalised, in the light of comments received, and submitted for my approval prior to transmission to the EU Commission.

My Department has not shown bias against the timber frame method of construction. If the gentleman in question had taken the time or trouble to consult the statistics issued by his own industry group he would have discovered this. On the contrary the Department funded a major study by independent consultants of timber frame housing in Ireland. We are in the process of implementing positive recommendations arising from that study, in consultation with the Irish Timber Frame Manufacturers Association. I reject absolutely the claims made by the individual.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I am concerned that the Government is allowing the construction of second-rate homes rather than meeting the requirements of EU standards. An official from the Department of the Environment, Heritage and Local Government stated that it would be difficult for hollow block construction, used widely in the Dublin area, to survive if standards were raised. This comes from a memorandum dating back seven years. I am deeply concerned that we are lagging behind what other countries in Europe are insisting upon in energy performance standards. Only two weeks ago regulations were introduced in the UK requiring every new or refurbished home to have a condensing boiler. We have no such insistence in Ireland. One of Ireland's biggest boiler manufacturers——

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy should ask a question.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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——is exporting its goods to the UK because it has no market here. I am concerned——

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy should ask a question.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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——that we are not meeting best practice in Europe. Does the Minister believe we are meeting best practice? In reality the standards in Ireland are lagging behind. Regardless of what his officials might say, the "as built" construction in Ireland does not meet building regulations and in some cases is performing at half the values prescribed in the building regulations due to bad workmanship on site. Is the Minister satisfied that we meet the requirements of EU regulations? Will he ensure that Ireland meets the requirements of the Energy Performance of Buildings Directive from 1 January 2006 or is he content to put energy performance on the long finger as he has done with the Kyoto Protocol, the climate change strategy and the building regulations?

Dick Roche (Wicklow, Fianna Fail)
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If the Deputy were to consult recent statistics published following surveys carried out in this and other countries, he would discover that his hypothesis that we are at the bottom of the league is simply wrong.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I did not say that. The Minister is putting words into my mouth.

Dick Roche (Wicklow, Fianna Fail)
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We are not at the bottom of the league.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I did not say we were.

Dick Roche (Wicklow, Fianna Fail)
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I will take it that he did not say that.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I said we were lagging behind.

Dick Roche (Wicklow, Fianna Fail)
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He should know that if we are second from the top we could hardly be lagging behind.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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That may be true in theory but not in practice.

Dick Roche (Wicklow, Fianna Fail)
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The Deputy cannot have it both ways. The Deputy stated that we were lagging behind when he knows that the recently published data shows that in some areas we are second from the top and in one area we are at the top. As he knows this to be the case, to mislead the House does no service to the debate. The Deputy referred to an internal memorandum on hollow block construction written several years ago.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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Some 200,000 homes have been built since then.

Dick Roche (Wicklow, Fianna Fail)
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As the Deputy knows some very significant changes have occurred since then. We should confine ourselves to the facts. As the Deputy knows the European directive allows deferment of full implementation until January 2009. Article 7 deals with the certification of new buildings. Without going into too much turgid detail, we will not be found wanting and will not be behind.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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However, the Government will defer implementation.

Dick Roche (Wicklow, Fianna Fail)
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We will not behave in a way different from any other country. The Deputy may have missed part of the detail of my reply.

Séamus Pattison (Carlow-Kilkenny, Labour)
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We need to move on to the next question.

Dick Roche (Wicklow, Fianna Fail)
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As successive Ministers have since 1996, I intend again upgrading regulations in 2008. These regulations were first introduced here in 1992 and all my predecessors have had some involvement in improving the regulations.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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Will energy labelling on homes be introduced from 1 January 2006 or will it be deferred for three years?

Dick Roche (Wicklow, Fianna Fail)
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I intend operating within the provisions of the directive. I will consider the matter and make my decisions as appropriate during the course of the year.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I thank the Minister for his clarity.

Dick Roche (Wicklow, Fianna Fail)
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I thank the Deputy for that comment. If we make a deferment in January, Ireland will not be the only member state doing so.