Clare Daly (Dublin North, Socialist Party)
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31. To ask the Minister for Environment, Community and Local Government in view of the latest evacuation of residents due to non-compliance with fire safety building regulations in Navan and following similar exposure of non-compliance with fire safety regulations in the Fingal, Dublin city, south Dublin and Dún Laoghaire-Rathdown council areas, if he will list the councils which have taken enforcement action against developers or contractors in relation to non-compliance with fire safety regulations since he took office in March 2011; and if he will provide an update on any progress or discussion on the new building regulations with architects, engineers and other professional bodies. [51907/13]

Clare Daly (Dublin North, Socialist Party)
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My question relates to fire safety. While Priory Hall has hit the headlines, other housing developments in all four Dublin local authority areas and Navan have been evacuated for fire safety reasons. The Minister's response thus far has been to state fire safety is a matter for local authorities. What action have local authorities taken in this regard? What does the Minister propose to do to compel them to carry out their functions? The lack of regulation in this area is placing lives at risk.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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As the Deputy noted, I do not have direct responsibility for this matter, although I have responsibility for policy. While the Fire Safety Acts and their implementation are matters for each fire authority, we continue to be in touch with local authorities about this very important issue.

I have taken a number of initiatives this year with regard to problems in certain developments, albeit not on the scale of Priory Hall, which is a matter that is in the course of being resolved under the direction and chairmanship of Dr. Martin McAleese. I expect local authorities to continue to use all of the powers available to them to address serious building defects.

Earlier in 2013 I signed into law the Building Control (Amendment) Regulations 2013, which will enter into force on 1 March 2014. The Deputy will note the considerable opposition to my efforts in this regard from professional bodies. My objective is to ensure implementation of that to which people sign up and I am empowering the professionals to ensure this takes place. The new regulations are designed to ensure competence and professionalism become part and parcel of building projects generally. They will usher in a new era of quality in the construction industry.

The Department continues to liaise closely with key industry stakeholders with a view to ensuring the new statutory requirements are fully understood and will work well in practice. In this context, we have had six versions of a code of practice for architects. I am frequently criticised for failing to consult. One would not have six versions of a document unless one was engaged in consultations, the purpose of which is to ensure the code of practice is implemented. My Department continues to consult professional groups to ensure they fully understand the measures ub the building control regulations will be implemented from 1 March 2014 onwards. We are not changing the legislation but the manner in which it is implemented.

Clare Daly (Dublin North, Socialist Party)
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Two important issues arise from the Minister's reply. The new regulations will not meet the challenges on the ground. This will remain the only country which does not have an effective government-backed audit or inspection scheme in the area of building regulations. Such a scheme is essential. The Minister will note that the Latvian Prime Minister was forced to resign as a result of a government decision to abandon a similar scheme.

The Minister's statement that he expects local authorities to use the powers available to them has been a consistent refrain. I have repeatedly brought to his attention that they have not done so in many cases. If he does not have the power to make them do so, he had better change the position. I will give one example of a case in point. The residents of a private housing estate, Martello, in my constituency have spent tens of thousands of euro on having professional reports compliled, which demonstrate a lack of compliance with fire regulations. Fingal County Council, either through a lack of resources or will, has failed to take this information seriously and proper inspections have not been carried out of works done, allegedly to make the development safe. Residents continue to live in dwellings which are not compliant with fire regulations, yet the local authority has not taken action. What action does the Minister propose to take to compel the local authority to act in the manner in which it should have acted in the first instance?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I will not assume the role the Deputy has assumed of being an inspector for fire service provision for a particular dwelling. If she provides me with details, I will have the case investigated. I will not micro-manage the system as fire safety is a devolved function to local authorities. Perhaps the Deputy has a close relationship with the local authority in question. If she makes representations to it, we may be able to resolve these issues together. I will be glad to investigate the matter if she provides me with details.

Clare Daly (Dublin North, Socialist Party)
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The Minister has details of the case because the residents have been in direct contact with him and the Taoiseach.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I did not see them.

Clare Daly (Dublin North, Socialist Party)
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The Department has definitely received them. I am not exaggerating in pointing out that the residents have expended tens of thousands of euro on professional reports. They started a process with the local authority in 2008, long before the Priory Hall case came to light. At the time they were asked to submit information on the matter and told that the local authority would examine it. This set off a chain of events, the outcome of which is that the residents' homes are still not safe according to professional evaluators. While I have raised this matter with him previously, I will submit the relevant information to the Minister. Rather than indicating that it will be examined, I ask him to ensure action is taken because the houses in question have not been fixed. The developer of the estate has been involved in other schemes which had to be evacuated. This demonstrable history of non-compliance has created fear. The local authority told residents that it was a case of buyer beware, that if they kicked up too much, they would be left carrying the can and that they should have checked before buying their homes. That is not good enough.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I take what the Deputy has said at face value as she is not prone to exaggeration. If she provides details of the case, I will be glad to investigate it. I provided a great deal of information on estates during my previous appearance in the House at Question Time. Perhaps the Deputy was pleased to receive additional information of which she might not have been aware.

Clare Daly (Dublin North, Socialist Party)
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I was delighted to receive it and I will take up the Minister's offer.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Question Nos. 32 to 35, inclusive, cannot be taken as the Deputies who tabled them are not present.