Tommy Broughan (Dublin North East, Labour)
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On at least three occasions during Adjournment debates on the North Fringe development in Dublin north east, I have urged the Minister for the Environment, Heritage and Local Government, Deputy Gormley, to hold a wide-ranging inquiry into the planning and construction of this huge new urban district. In the earlier in-fill scandal, which affected at least 300 housing units in the Coast, Baldoyle, Clongriffin and Donaghmede, I urged the Minister to initiate a commission of inquiry and a Garda Síochána inquiry into the construction of those homes and the quarry which supplied the defective pyrite in-fill. Now another appalling planning and fire safety disaster is unfolding in another part of the North Fringe in Priory Hall, Hole in the Wall Road, Donaghmede, Dublin 13, and I renew that call tonight. The Minister has a grave duty to ensure the personal safety of all residents of Priory Hall. He must also hold Dublin City Council manager, John Tierney, and his predecessor, John Fitzgerald, to account for their unacceptable failure to implement the planning and building regulations in the North Fringe district.

Dublin City Council area management in Donaghmede recently informed 16 of its tenancy households at the Priory Hall complex that they will have to move out of their homes in the next week or so because of the serious danger of a major fire at the complex. The Priory Hall apartment complex includes 187 apartments in four and five storey blocks. Two of those blocks - Nos. 7 and 12 - are home to 16 Dublin City Council tenancies.

I have made many complaints to the Dublin City Council manager, John Tierney, and north central area manager, Celine Reilly, about serious flooding, infrastructural problems and anti-social behaviour at Priory Hall since the apartments were opened more than two and a half years ago. A number of city council tenants have asked to go on the Dublin city transfer list in that time.

In addition to the 16 city council tenancies, there are a further seven families living there on the city council's rental accommodation scheme and another seven families who have purchased Priory Hall apartments through the affordable housing scheme. I am informed that 20 apartments are vacant at present so this leaves 137 apartments which are occupied by private purchasers and private tenants.

Following several lengthy investigations of fire safety in the apartments at Priory Hall and nearby Clongriffin by the Dublin city fire chief, Mr. Hugh O'Neill, a fire safety notice under the Fire Safety Acts was served on the Coalport building company, which built Priory Hall, on 4 September last. The fire notice refers to the north and south blocks of Priory Hall as a "potentially dangerous building". It also orders a schedule of urgent fire safety remedial measures. These include a fire safety management system, the urgent inspection and maintenance of the emergency lighting, fire detection and alarm systems, electrical, gas and lift installations and fire door assemblies. It is an astonishing litany of failures in this most important area of apartment life. The provision of portable first aid fire fighting equipment is also requested and loose fitting stair carpets are to be removed along with all building debris in the basement and any other common areas.

This appalling saga raises many very serious questions for Dublin City Council manager, John Tierney, planning manager, Michael Stubbs, housing manager, Ciaran MacNamara, and the Minister for the Environment, Heritage and Local Government, Deputy Gormley. This is the fourth or fifth time I have raised the North Fringe in a debate.

Why did the Dublin City Council manager, John Tierney, allow 30 of our Dublin city families to be housed at Priory Hall in the first place when a final fire safety certificate had not been granted to the builder, Coalport, and when those families' lives were clearly in danger? What, if any, measures has he taken to rehouse the 137 privately purchased and rented households and has he contacted the Minister, Deputy Gormley, in regard to these families' plight? Why has the manager not rehoused all 167 families immediately for their protection and safety? The privately purchased apartment owners in Priory Hall are particularly vulnerable to negative equity and have had serious problems with the disgracefully inadequate operation of the management companies in the complex.

Following my proposal in 2005, a North Fringe forum was established by the former city manager, John Fitzgerald. I demand an immediate meeting of that body which is composed of residents, public representatives and all relevant stakeholders under the chairmanship of Clive Brownlee.

Cyprian Brady (Dublin Central, Fianna Fail)
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The Deputy has less than one minute remaining. I remind him that individuals should not be named so as to make them identifiable outside the House.

Tommy Broughan (Dublin North East, Labour)
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I respect the Acting Chairman's view but public officials have a responsibility. I urge the Minister, even at this late stage, to make an order designating the large North Fringe area - an area of potentially 30,000 housing units - as a strategic development zone, so that there would be a statutory basis for the necessary invigilation, repair and completion of Clongriffin, Priory Hall, the Coast, Belmayne, Clare Village and other areas of the North Fringe. I asked the former Taoiseach to do this approximately 30 times. It is urgent that the residents of Priory Hall are rehoused in safe accommodation and all fire safety, water and other deficiencies in the estate should be remedied to the highest standards as soon as possible.

Tony Killeen (Clare, Fianna Fail)
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I thank Deputy Broughan for raising this important matter in regard to fire safety at the apartment complex at Priory Hall, Donaghmede, Dublin 13. In terms of the construction of new buildings, including apartment blocks and dwellings and extensions to, material alterations of and certain changes of use of existing buildings, the legal requirements are set out in the building control code. Part B of the building regulations set out the requirements for fire safety. A comprehensive suite of related technical guidance documents provide detailed guidance on how to comply with the regulations.

Part III of the Building Control Regulations 1997 provides for the issue of a fire safety certificate by a building control authority. The fire safety certificate certifies that the works or building, if constructed in accordance with the plans, documents and information submitted, would comply with the requirements of Part B - fire safety - of the regulations. A fire safety certificate is required for building work in categories specified in article 2(I) of the regulations, including the construction or material alteration of commercial premises, places of work and assembly, institutional buildings and the common areas of apartment blocks. I understand that applications for two fire safety certificates in respect of the north and south blocks of the development in question were submitted to Dublin City Council in January 2004 and that certificates were granted by the council subject to conditions on 23 June 2004 and 16 August 2004, respectively.

Responsibility for compliance with the regulations rests with the builder and the owner of a building. Enforcement is a matter for the local building control authority, which is empowered to carry out inspections and initiate enforcement proceedings when considered necessary.

Section 18 of the Fire Services Act 1981 places a duty on persons having control over premises, such as apartment complexes, to take all reasonable measures to guard against the outbreak of fire and to ensure the safety of persons on the premises in the event of an outbreak of fire. In addition, section 22 of the Act empowers fire authorities to inspect any land or building, including apartment complexes, for the purpose of the Act.

In regard to the development concerned, I understand from Dublin City Council, in whose administrative area the development is located, that, following an inspection of the development by the council, enforcement notices under the Building Control Act 1990 and fire safety notices under the Fire Services Acts 1981 and 2003 were served on the owners and builder in regard to non-compliance. Further legal proceedings by the council are pending in regard to this matter.

I understand that Dublin City Council has responsibility for 16 social housing units and a further seven units are occupied by tenants through the rental accommodation scheme. In addition, there are seven units of accommodation managed by St. Michael's House. Officials from the council have met the tenants of these units and advised them of the position with regard to the serving of the enforcement and fire safety notices and of the council's intention temporarily to relocate the tenants to alternative accommodation until the issues with Priory Hall have been dealt with in accordance with the notices served. The council has sourced the necessary accommodation and arrangements are now being made to relocate all the tenants concerned. The House will appreciate that the rehousing of occupants of privately owned apartments in the complex is a matter for resolution between the owners and the property vendor concerned.

While the enforcement action underway is a matter for Dublin City Council, the Department has asked the council to be kept appraised of developments in the matter. I hope the problems in respect of the development at Priory Hall will be resolved as soon as possible so that the residents do not have to remain out of their homes for any longer than is absolutely necessary.