Dáil debates

Tuesday, 28 February 2012

5:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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I thank the Minister of State responsible for housing, Deputy O'Sullivan, for attending. The revelation last week that there are serious fire safety problems at Belmayne, Dublin 13, was absolutely shocking to residents of the estate and to people across the whole Dublin north fringe in Dublin North-East. After the Priory Hall disaster, it is truly incredible that another problem of fire safety has arisen close-by in Belmayne. In other areas of the north fringe, residents already faced the ongoing challenges of dealing with pyrite remediation and the Priory Hall issue. They now face another appalling set of circumstances.

I was first informed by the voluntary housing body Clúid that at least 225 homes in the area are affected by the fire safety problem. Some media reports state up to 300 homes are affected. Could the Minister of State clarify this? Does she know how many homes will have to be evacuated while repairs are being carried out? How long will it take? How will residents be rehoused and compensated while their homes are subject to remediation work?

The first priority is to resolve the matter for Belmayne residents and to ensure the fire safety features in all homes on the estate and the whole north fringe are of the highest possible standard and subject to remediation. Serious questions need to be asked yet again about the planning and fire safety regulatory authorities and how this situation could possibly have occurred yet again in the north fringe. Residents feel the Department, Dublin City Council and the developer, builder and management company - Kitara Limited, LM Developments and Stanley Holdings - have kept them in the dark and let them down very badly in respect of the way in which this matter has come to public attention. It has been reported, for example, that fire-stopping features in the homes involved are defective because of a small gap having been left in the plasterboard dry lining. This would allow smoke and fire through if a fire were to take place.

I contacted the fire chief, the Dublin City Council housing manager, Mr. Brady, the city manager, Mr. Tierney, and the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, last week and asked a number of questions that I would like the Minister of State, Deputy O'Sullivan, to answer this afternoon. I want to know whether the fire brigade invigilated the estate and when the fire safety certificates were issued, and whether the fire brigade raised any concerns regarding the timber frame construction of apartments and homes. A very unusual method of construction was used in a significant part of Belmayne. Most important, did the fire brigade ask about fire safety standards when the city manager, Mr. John Tierney, recently purchased 45 units, which are managed for the local authority by Clúid? Can the Department, Dublin City Council and the fire brigade confirm that constituents are not in immediate danger? Can an urgent repair programme be carried out without the evacuation of all the affected homes? What urgent action will the fire authority and Dublin City Council take to ensure the safety of my constituents?

The executive manager of the fire brigade told me that, in early 2011, investigations were carried out in Belmayne estate by the fire brigade following complaints by three residents. The investigation concluded that Dublin Fire Brigade is not recommending any further action in relation to the Belmayne development, yet we heard one of the householders concerned complain bitterly on the Joe Duffy show last week that this issue was not followed up at the time. I hope the Minister of State will answer these questions.

It was reported in the Sunday Independent this Sunday that, in 2006, inspections of Priory Hall estate were carried out by officials of the Department of the Environment, Community and Local Government and that a departmental inspector subsequently raised fire safety and building control concerns, including the absence of fire collars on pipes and poor and inadequate insulation. This was in addition to a health and safety investigation in 2006 which closed down the Priory Hall estate as it was being built. Ms Sinéad Power, one of the outstanding leaders of the Priory Hall residents and a constituent of mine, asked me today whether the Department knew about fire safety defects in 2006 and whether her life and those of all her neighbours were put at risk by the Department for the past five years. Will the Minister of State respond to these allegations regarding the continuing Priory Hall debacle?

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I am responding on behalf of the Minister, Deputy Hogan. I may not be able to answer all the questions today but I will certainly revert to the Deputy on those I am unable to answer in so far as that is possible.

I understand that Dublin City Council, through Dublin Fire Brigade, was notified by the developer of a construction defect in some properties at the Belmayne housing complex on 19 January 2012. The developer, acting responsibly in consultation with his fire engineer, consulted the local authority and undertook to carry out remedial works to all affected properties. The fire officer carried out an inspection and determined that remedial action was necessary and timely. Having regard to a number of alternative fire safety controls within the complex which are all functioning and subject to a regular maintenance programme, the fire officer was satisfied that evacuation was not called for. Further inspections were carried out by the fire office on a number of vacant units after which the fire officer was satisfied the remedial works proposed will remedy the defect. Remedial works have already begun, and are likely to take up to one week for each affected apartment.

Clearly this is a stressful and distressing situation for the residents concerned. Residents will be offered alternative accommodation in Belmayne or nearby for the few days while the repairs are being carried out on their apartments, to minimise the inconvenience to them caused by dust and noise.

Dublin City Council and the fire consultants for the developer have agreed on the necessary remedial works. These will involve inserting fire-proof board to seal a 75 mm gap in the voids above ceilings and the removal of service ducts to be rebuilt with full fire-proofing construction. A project manager has been assigned to oversee the works with the assistance of two superintendent inspectors, clerks of works. Works on all the affected apartments are expected to be completed within three months.

Compliance with the building regulations is first and foremost the responsibility of the building owner and developer. Enforcement is a matter for the local building control officer in whose functional area the relevant building is situated. Neither the Minister nor the Department has any direct role in enforcement.

The responsible parties in this case are facing up to their obligations in carrying out remediation works and bearing that cost together with the costs of relocating residents. This is clearly not a similar situation to that in Priory Hall.

With regard to Priory Hall, the legal proceedings are continuing and it would be inappropriate to anticipate their conclusion. In particular, the appeal by Dublin City Council against the court order to pay the costs associated with providing alternative accommodation for the residents will be heard by the Supreme Court on 24 April 2012.

The overriding priority in relation to Priory Hall is to facilitate the return by residents to their homes as early as possible. In this respect, it will be necessary to ensure that these homes are made fit for purpose and that the costs of so doing fall where they should. I have asked Dublin City Council to do all within its power to achieve this objective. My Department will continue to liaise closely with Dublin City Council on the evolving circumstances at Belmayne and Priory Hall.

We all share the Deputy's concern about the effect on the residents in both estates. I hope the people of Belmayne will be reassured that they will have to leave their homes only for a relatively short period.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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I thank the Minister of State for her response. She and the Labour Party leader, the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore, who met residents of Priory Hall, are partly responsible for trying to unwind the terrible circumstances, particularly for the 48 families of owner-occupiers. Have any proposals been brought to the Cabinet's economic management committee regarding the relevant financial institutions and the mortgage difficulties of Priory Hall owner-occupiers?

The Minister of State did not address the question I asked on the tranche of perhaps 90 homes bought relatively recently in Belmayne by the city manager and Clúid. Were they invigilated by the fire safety authority and Dublin city council specifically before they were purchased?

The north fringe has the potential to be a wonderful new urban district. People often reflect on the fact that this huge territory, an urban district the size of Tralee or Waterford, was to be built over a few years and was to have a very high population density, with 30,000 or 40,000 people. Grave mistakes were made there, particularly by the last city manger, Mr. John Fitzgerald. With all those difficulties, the north fringe now stands on a precipice. It is up to the Minister of State to try to lead the way to ensure the estate turns out to be beneficial.

I have called endlessly, under the legislation of 2004, for a commission of inquiry into all aspects of the planning and development of the north fringe. Looking back at the record of the past five years, since the Pyrite scandal broke in 2007, a short sharp investigation is needed. We have an organisation in Dublin city, which I proposed, called the North Fringe Forum. The area is not a strategic development zone but would the Minister of State consider making the north fringe an SDZ to give it a statutory basis? Would she also consider appointing directly from the Department some sort of executive manager, overseer, czar or gauleiter? He or she could be put in charge of remedying the difficulties we now have in the north fringe. He or she could be in charge of the local area plans to try to get this project back on the rails. Otherwise, this has the potential to be one of the biggest disasters in the history of Irish planning.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I may not have the answers to all of the Deputy's questions and, if not, I can revert to him later. Unfortunately, we are dealing with a number of legacy issues concerning things that were not done properly in the past. We must learn from them for the future and ensure that we put proper systems in place so they cannot possibly recur. We are working on that and will put such systems in place. Together with the Minister, Deputy Hogan, I am determined to do that. We will certainly examine the Deputy's general suggestions on the north fringe because, as a local representative in the area, he is more familiar with the situation than I am.

The Deputy asked me about the number of people affected as well as whether inspections were undertaken prior to taking over certain properties. I do not have a direct answer on inspections but I know that about 300 dwellings, which is approximately 25% of the units at Belmayne, are affected by the immediate problem. They include private residents as well as local authority and voluntary housing body tenants. Therefore, a number of different types of residents are affected.

As regards Priory Hall, I have been in touch with the Dublin city manager, as has the Minister, Deputy Hogan. There are ongoing discussions, as the Deputy is aware.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Was the Sunday Independent report accurate?

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I did not read the Sunday Independent report, to be honest, but there are ongoing discussions. We are all trying to find a solution for the people who have been affected. The residents of Priory Hall have had to go through a dreadful situation. We will continue to work towards a solution. It appears that the situation in Belmayne can be rectified relatively quickly and people can be back in their homes after a short period.