Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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On 1 July 2014, a directive entitled EN 1090 came into force in Ireland. To simplify the issue, it essentially means that people around the country who have small or large fabrication works must get new quality assurance certification. The first problem was nobody knew about it, even though it was being kicked around in Europe for eight years. As people got word of it - I only got word last December - they began to highlight the needs that arise in this regard because Members should bear in mind that these people have come through a recession. They are people running small to medium-sized enterprises around the country with one, two, three or five people working in them. In order to comply and to get this EN 1090 qualification, which is similar to an ISO standard, figures started to emerge of costs between €15,000 to 3€0,000. This has created pandemonium in the entire sector. I telephoned a few Departments but could get no information. I was obliged to telephone England to find out what people there were doing about it and to have it clarified. What it entails is that an ordinary person in an ordinary shed in any part of Ireland, be it the Minister's native place or anywhere else, who carries out work in four different categories, including for farmers and builders, must have all their welds tested. There are also requirements such as participation in a welding co-ordinator course and certification. As for the paperwork, when one gets people with letters after their names, they seem to charge high fees to get one in line. Moreover, these enterprises cannot price for work and work is being lost in different regions at present because of this.

Mattie McGrath (Tipperary South, Independent)
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Yes.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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There is a fear abroad among the smaller operators, many of whom are talking about shutting up shop. While everyone is in favour of creating jobs, we must hold on to what is in place. In fairness, I have been in contact with the local enterprise office, LEO, in County Roscommon and with the National Standards Authority of Ireland, NSAI, and we held meetings in Claremorris to try to explain to people what was going on. Ms Cáit Kenny in the Roscommon local enterprise office has been outstanding in trying to co-ordinate efforts try to bring some reason to this issue. Prices were quoted that were extortionate. While bigger operators with 50 to 70 people working in them will stay in the business, unless something is done through the LEOs, Skillnets or SOLAS, the smaller operators in the different corners of Ireland, that is, those firms with two, three or four jobs, will be pushed out.

We need to get to grips with this matter. Going by my tally, Skillsnet can give 20% of funding towards training. There needs to be joined-up thinking on this with existing resources used to assist training programmes along with funding. The responsible authority in Northern Ireland has given 50% of the funding for training in all the different procedures. For example, to get a welding fabricator certification, welds will have to be sent away for inspection, as well as a new welder co-ordination test.

Everyone appreciates the economic recovery. We need to keep these types of firms in business as they are vulnerable, coming through patchy work over the past few years. They have kept going and stemmed the tide. While the directive has been in place since last July, if it is thrown at these welders and small welding firms now, some of them will give up. The LEO, local enterprise office, boards will explain how a large number of people are concerned about this directive being implemented. If SOLAS, An tSeirbhís Oideachais Leanúnaigh agus Scileanna, or Enterprise Ireland wants to get involved in the new training requirements, they will have to liaise with the LEOs because they know the different firms affected in their counties. Funding is needed to be given directly to those doing these courses. If we do not, much-needed jobs will be lost in all parts of the country.

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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I thank Deputy Fitzmaurice for raising this issue and for providing an in-depth overview of the challenges faced by the introduction of this regulation.

In general, the implementation of the construction products regulation setting out requirements regarding the CE mark for structural steel is a matter for the Department of the Environment, Community and Local Government. Under the construction products regulation which came into full and direct effect across the European Union on 1 July 2013, all construction products covered by a European harmonised standard require a declaration of performance and be CE marked before such products can be placed on the market. From 1 July 2014, the requirements of the construction products regulation applied to steel fabricators whose products fall within the scope of IS EN 1090-1:2009.

A European harmonised standard for steel, EN 1090-1:2009, execution of steel structures and aluminium structures - part 1: requirements for conformity assessment of structural components, was approved by CEN, the European Committee for Standardisation, on 15 June 2008 and was first published on 1 July 2009. The standard was subsequently published by the National Standards Authority of Ireland on 9 September 2009. The standard's applicability date as a harmonised European standard was 1 January 2011, as agreed by the European Commission in consultation with member states.

The Department of the Environment, Community and Local Government informs me that, subsequently, the European Commission extended the standard's applicability date as it recognised there were a large number of small steelwork fabricators across the EU which would benefit from the extra time. It was anticipated the sector across the EU needed a little more time to adapt and prepare. It was agreed on 1 July 2014 as the date of the end of the co-existence period. Accordingly, when the co-existence period came to an end, CE marking became mandatory for fabricated structural steelwork that falls within the scope of IS EN 1090-1 placed on the market on or after 1 July 2014.

Since before the construction products regulation came into effect, the Department of the Environment, Community and Local Government has indicated it has been working with a wide range of organisations in both the public and private sectors to ensure the construction industry was made aware of, and could prepare for, the regulation when it came into full effect across the European Union on 1 July 2013. In early 2012, the Department, working through the Building Regulations Advisory Body and in conjunction with the National Standards Authority of Ireland, the National Roads Authority, the Office of Public Works and the Building Materials Federation, prepared an information paper setting out the implications for manufacturers, importers and distributors on placing construction products on the market arising from the introduction of the construction products regulation on 1 July 2013.

This information paper was widely circulated to stakeholders across the construction sector by the Department, local authorities and by each of the participating organisations. The Department of the Environment, Community and Local Government also proactively promoted awareness of the construction products regulation at key industry conferences and workshops. In addition, a comprehensive three-month public consultation was held as an integral part of the development of the supporting European Union (Construction Products) Regulations 2013 setting out the framework for market surveillance in Ireland under the construction products regulation.

The Construction Products Regulations 2013, SI No. 225 of 2013, were signed into law by the Minister for the Environment, Community and Local Government on 27 June 2013 to facilitate the application of the construction products regulation and providing for inspection of products on the Irish market by local authorities. These regulations came into operation on 1 July 2013.

A significant number of steel fabricators operating in the State have already established, or are in the process of establishing, the systems necessary to comply with their obligations under the construction products regulation and IS EN 1090-1. Since July 2014, structural steelwork and aluminium now fall under the regulation and, therefore, must carry CE marking to demonstrate they comply with the European Commission's harmonised standard EN 1090-1:2009 which relates to the execution of steel structures and aluminium structures.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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While I know this is not the responsibility of the Minister of State, Deputy Deenihan, with all due respect, someone in an office wrote that reply who does not have a clue what is happening on the ground. We know all the regulations and that they have been in place since 2014. However, there is a problem on the ground that is costing money for the smaller firms involved. The only firms in compliance with the regulations are the larger operators. Are we prepared to lose those small firms employing one to four people or will we follow the authorities in Northern Ireland in putting funding into training these small-sized fabricators to be compliant with these regulations? It is not the fault of these small firms, be they working out of a small shed in Kerry, Dublin or Mayo, that this regulation has been brought in on top of them.

Will the Minister of State go back to whoever wrote this reply to explain to them the real facts on the ground and how jobs will be lost? As a nation we do not want to lose jobs but promote them. The LEO boards are dealing with each group of welders in their respective counties. The boards need the funding for compliance training to save these jobs. The clock is ticking with many of these welding companies near the eleventh hour. When they look for work off the larger builders, they cannot tender because they cannot get the new welder certification. Someone has to get real and realise what is on the ground. Will the Minister of State bring that back to the Department responsible?

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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I will deliver that message to the Minister of State, Deputy Damien English, for whom I am deputising.

Under EN 1090, there are requirements for conformity assessment of structural components which involves several steps that culminate in certification by a third party, known as a notified inspection body. In Ireland, the certification role is performed by the National Standards Authority of Ireland.

The Department of Jobs, Enterprise and Innovation through Enterprise Ireland, the LEOs and in conjunction with the National Standards Authority of Ireland, have held a series of four general information workshops about the requirements under the construction products regulations at various locations. The role of the LEOs’ network is to provide guidance and assistance to small and micro-firms and to signpost these firms to other State agencies or bodies where appropriate.

One of the issues that came up at the information workshops was that of training courses for steel fabricators. In this regard, I understand the Department of Jobs, Enterprise and Innovation has been in contact with the Department of Education and Skills about the SOLAS-administered metal fabrication apprenticeship programme. I know that Deputy Michael Fitzmaurice has a particular interest in apprenticeships. In the context of the SOLAS-administered metal fabrication apprenticeship programme, all apprentices who undertake it are made aware of the regulatory requirements. Skillnets, an employer-led training facilitator funded by the Department of Education and Skills through the national training fund, provides a number of training programmes through two of its training networks. The courses include a BA in engineering and a responsible welding co-ordinator and visual inspection programme. It is open to companies to explore with their local education and training board whether relevant training can be provided, usually be on a contracted basis.

A key feature of the further education and training strategy is ensuring there are close connections between ETBs and enterprise in order that the needs of enterprise, as well as individuals, can be anticipated and factored in to the annual service plans for further education and training. As the Department of Education and Skills reforms the further education and training sector, it is confident that enhanced collaboration between enterprise and the education and training sector will ensure further education and training provision will be relevant to the needs of enterprise. It may also be beneficial for companies to explore what economies of scale might be achieved for companies seeking upskilling in the same areas. I will convey the Deputy's concerns to the Minister of State, Deputy Damien English, and ask that he get back to him directly.