Dáil debates

Thursday, 16 June 2011

5:00 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Question 8: To ask the Minister for the Environment; Community and Local Government if his attention has been drawn to the serious problems with pyrite throughout the country; the level of funding he will make available to both private tenants and local authorities to tackle this problem; and the engagement he has had with developers who use pyrite in their developments. [15639/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I am acutely aware of the difficult and distressing position faced by many homeowners and tenants who have been affected by the pyrite problem. In this context I welcome the judgment issued by the High Court on 25 May 2011 in the case of James Elliott Construction Limited v. Irish Asphalt Limited. The judgment in that case found Irish Asphalt Limited liable for the supply of defective filler material.

The remediation of homes affected by pyrite is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers. Enforcement is essentially a civil matter. I understand that following civil proceedings relating to homes affected by pyrite in north Dublin, a final settlement was reached and a trust fund established by the developer concerned. My Department is aware of one regeneration project, Ballymun regeneration, where higher than acceptable levels of pyrite have been discovered at three locations, namely the Ballymun central youth facility, a new apartment complex at Sillogue 4 and completed and tenanted units at Poppintree 5.

With regard to the youth facility building, remedial works costing an estimated €1.25 million were carried out satisfactorily by the contractor in accordance with the terms of the contract and at no extra cost to the Exchequer. In the case of the apartment complex at Sillogue 4, extensive remediation works are deemed necessary. The regeneration company, with the support of my Department, has been engaging with the contractor to identify the optimum solution. As this is a live contract, it is envisaged that the remedial works will be carried out under the terms of the contract and at no additional cost to the Exchequer.

My Department was recently notified of a potential pyrite problem at a completed and tenanted development at Poppintree 5. The regeneration company, together with Dublin City Council, is currently assessing this matter. As soon as all the facts have been established, the regeneration company will put measures in place to ensure that residents are fully informed of the extent of the problems and the solutions to be put in place to address these. I will inform the Deputy at the same time.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I am aware of the court case and its implications but we assume there will be an appeal to the Supreme Court, which could take three or four years. Even since the cases outlined in the reply there have been more suspect cases involving pyrite in Ballymun. Two more places have been identified and there was a public meeting recently to discuss the major problem.

The issue is mainly confined to Dublin and its north side. People resorting to litigation could see the process strung out for years and no result might come about because the problem is so big. We must consider making some kind of funding available. We all know money is scarce but I have been to these houses and looked at them. It is traumatic for any family to have their houses torn asunder.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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This is Question Time not statements.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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The Minister was prepared to speak with me about the pyrite problems as a meeting was arranged but cancelled.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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The Deputy should ask a question about it.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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Will that meeting be arranged again?

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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There is no liability on the part of the State.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I understand that.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The case outcome vindicates the position taken by the Department as far back as 2007. In accordance with technical guidance documents published to accompany Part D of the building regulations, the material used as infill should be proper material fit for purpose and the conditions for which it is used. I can understand people are worried, particularly with regard to funding, but HomeBond is a private company and the Department has fulfilled its obligation on standards. We are examining the court case to see what we can do to meet a representative group, as the Taoiseach indicated in the Dáil some weeks ago. The Minister of State, Deputy Penrose, and I will meet a representative group of Deputies and others in due course. We want to reach conclusions on the cases I mentioned relating to the Deputy's constituency also. We will revert in a couple of weeks and make the necessary arrangements to give more information.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I thank the Minister. The issue is serious and affects Fingal, Coolock and many other areas. We will end up seeking central funding of some description.