Dáil debates
Tuesday, 2 December 2025
Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025: Second Stage
2:45 pm
James Browne (Wexford, Fianna Fail)
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I move: "That the Bill be now read a Second Time."
I welcome the opportunity to outline the provisions of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Bill 2025. I have met many people the defective concrete blocks issue affects, particularly in the north-western region. I am here today because I have listened to their concerns and to the issues raised by local representatives and advocacy groups on these matters. I am therefore proposing this Bill to amend the current scheme by dealing with a number of issues that have arisen to date to ensure everyone is fairly dealt with in terms of support.
Looking briefly to the past, Deputies will recall that the first defective concrete blocks grant scheme, often referred to as the 90:10 scheme, came into effect in January 2020 and included counties Donegal and Mayo. Building on the work of that scheme, the Government approved the Remediation of Dwellings Damaged by the Use of Defective Concrete Bill 2022 on 21 June 2022 and the Bill passed through both Houses of the Oireachtas and was subsequently signed into law by the President on 23 July 2022. This scheme included an unprecedented suite of improvements and still represents the largest State intervention to address defective buildings anywhere in the world, with the scheme estimated to cost approximately €2.2 billion excluding inflation. Changes introduced by the original legislation included a Government guarantee of remediation works, other than full demolition and rebuild, through eligibility, if required, for a second grant for a period of 40 years; provision of alternative accommodation costs, storage costs and costs for immediate repairs; a key role for the Housing Agency; the extension of the scheme to Clare and Limerick; the introduction of an appeals panel; and increased scheme caps and grant rates.
In 2024, the grant scheme cap was increased again by the maximum permitted, 10% to €462,000, along with an increase in the scheme grant rates. Sligo County Council was also designated under the scheme, with more local authorities to join in the coming months. The amendments brought forward in today's legislation aim to further improve the grant scheme for impacted homeowners. These changes go a long way to address the needs raised by homeowners. The draft amendment Bill follows on from the general scheme and reflects the decisions made by the Government on 4 June 2025.
At this point, I wish to draw attention to the key changes and main provisions of the Bill. It contains 28 sections. It will widen the group of relevant owners who can avail of the most recent increases in the grant scheme cap and rates. It will allow relevant owners who have incurred qualifying expenditure since 29 March 2024 that was unpaid due to them reaching the maximum scheme cap in place at the time of €420,000 to now be able to apply to their designated local authority to have a new remediation option grant amount determined in line with the increased scheme cap and rates. On receipt of this new grant amount, relevant owners will then be able to submit unpaid invoices for consideration and payment to their designated local authority in line with the new grant amount. Many owners will then be able to claim thousands of additional euro in support. The National Standards Authority of Ireland, NSAI, has recently confirmed that the forthcoming revised national standard, IS 465, will be published in quarter 1 of 2026. Relevant owners in the scheme who were previously given a non-demolition option - option 2 to 5 - and who were yet to commence works or cease works on site as of 6 November 2024 will now be able to apply for a technical review of the determined remediation option and grant amount in line with the new standard on its publication.
Under the 2022 Act, relevant owners who have reached the maximum scheme grant cap cannot apply for ancillary grants. The amendment contained in the Bill will allow this cohort to apply for ancillary grants while still ensuring that the overall total payment to the homeowners remains within the grant scheme allowable amounts. The 2022 Act does not allow a person who does not satisfy the definition of a relevant owner to become a relevant owner where he or she is or was in a relationship with a relevant owner. It was brought to my attention that this was proving problematic for certain applicants to the scheme. The amendment will facilitate this for married couples and those who are in a civil partnership or are cohabiting. It is a sound, practical change to help in these circumstances.
Following consultation with the stakeholder groups, it became apparent that the time limits for completing remediation works were proving difficult for certain homeowners. The Act as it stands allows a maximum of 65 weeks to complete remediation works on commencement and a requirement to apply 12 weeks in advance of this expiry period to seek a further extension of up to an additional 24 weeks. The amendment will increase the time to complete works from 65 weeks to 130 weeks and reduce the application time from 12 weeks to two weeks for an extension. This will relieve the pressure and stress on homeowners. The Act allows for the sharing of certain information with the Sustainable Energy Authority of Ireland, SEAI, by designated local authorities where it is necessary and proportionate. Following a request to my Department received from the SEAI, the Bill contains an amendment that will allow it to share information with designated local authorities to ensure that it does not double-fund payments it makes under its energy retrofit scheme to defective concrete blocks grant scheme applicants. The retrospective element of the Bill may result in certain applicants receiving additional funding where a designated local authority has created a charging order over their right to sell property on completion of remediation works. The amendment will allow for the creation of a second charge if required.
There are further amendments to the Bill to be proposed on Committee Stage. Two specific issues around how the defective concrete blocks grant scheme operates have come to my attention in recent months. I intend to include these as additional amendments on Committee Stage. I would have preferred to have these included now in the version of the Bill before the House, but the changes require significant thought and attention and the resulting drafting process has taken a little longer than expected. The first amendment relates to allowing for an exemption from the general principal of the scheme, for example that houses be remediated in more or less the exact location as they are now. Noting the difficulties that certain vulnerable relevant owners and family members may face in finding suitable alternative accommodation, this amendment will allow for the construction of adjacent dwellings in limited circumstances.
I think this change will make a real difference to families, for example those whose current homes have been modified to take care of the physical and mental needs of family members.
The second amendment relates to facilitating owners of certain conjoined homes, for example semi-detached or terraced homes, to enter the scheme at an earlier time, thus potentially facilitating joint building work. In a number of conjoined dwellings, one dwelling may meet the damage threshold of the grant scheme and the other, although displaying visual signs, may not meet the damage threshold at the time. The amendment will allow in certain situations that the requirement for a dwelling to meet the damage threshold may be waived in order to facilitate an early grant option and determination by the Housing Agency.
I also intend to bring forward a number of amendments to the Building Control Acts of 1990 to 2020 to provide for the making of building regulations and the building control regulations and to set out the legislative basis for the system of enforcement. These are being made on foot of legal cases taken against the State and subsequent advice from the Attorney General and the Building Control Act as amended.
While I am satisfied that the scheme is delivering for many homeowners in affected counties, with more than €235 million spent on the scheme to date, I remain acutely aware that it needs to be closely monitored and changed as our experience and knowledge of this complex issue develops. That is what this Bill is about. It builds on the Government funding for defective concrete block work that continues to be provided as and when required on an annual basis, with a record €175 million allocated to fund the scheme in 2026. I met various stakeholders in Donegal earlier this year, including representatives from the Mica Action Group along with a large number of Donegal county councillors from all parties and none and senior management in the council. Each group raised important matters, including the need to extend the eligibility of the cap and rate increase to a larger group of homeowners, which has now been provided for. This Bill also seeks to address and simplify process matters like qualifying expenditure, increasing the time within which remediation work should be completed and following homeowners to seek technical reviews. I know many of these adjustments are essential interventions and I would like to place on record my appreciation for the collaboration we have had to this stage, with members of the housing committee assisting us in progressing this at speed as it is badly needed.
I want to ensure that homeowners receive the help they will need. Today’s Bill, I believe, is another key stage in further assisting homeowners. With the support of the Houses, I hope to have it enacted very shortly. I will respond to any specific questions and engage further on Committee Stage.
3:00 pm
Christopher O'Sullivan (Cork South-West, Fianna Fail)
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I thank the Minister for outlining the amendments. I also thank him for his commitment to this issue. He met those impacted at a very early stage, listened to their concerns, understood the need for flexibility in the legislation and very quickly sought to bring forward this amendment. We are not there yet - there are several Stages to go through - but clearly he has outlined the urgency of this legislation and the need for it and shown his commitment to it, so I thank him for that.
The Government is absolutely committed to ensuring that all such homeowners are financially assisted to remediate their homes to allow them to move on with their lives. The House will know that the scheme is currently open to applications in five counties, namely, Clare, Donegal, Limerick, Mayo and Sligo. When a local authority that is not currently designated under the scheme determines that homes within its area may have been damaged by defective concrete blocks, it can seek to have the scheme extended to include any such county or part of that county. Following reports received from the Housing Agency, Government approval will now be sought for the designation of the relevant parts of Fingal and Wexford local authority areas. This will allow homeowners in these counties affected by defective concrete blocks to apply to the grant scheme to receive the funding and the help they need to fix their homes and move on with their lives. I understand that further local authorities will also be designated under the scheme in the coming months. The Government stands ready to provide financial help wherever it is needed.
The latest data shows that 3,022 homeowners are at various stages of the scheme. Of those, 326 applicants have completed remediation works to their homes under the grant scheme, with a futher 1,057 applicants having notified their relevant local authority that they intend to commence works under the grant scheme. Since the enhanced scheme came into being in July 2023, the levels of funding have accelerated. More than €235 million has been spent on the scheme to date. As the scheme ramps up, further sufficient and additional funding will be provided as required. The overall cost of the scheme is expected to be in excess of €2.2 billion excluding inflation. This is a demand-led scheme and the Government remains 100% committed to funding the remediation of DCB homes as and when necessary. This includes reviewing the levels of funding required to meet ongoing constructions costs under the scheme, as evidenced by the centre piece provision in this Bill, namely, the retrospective application of scheme cap and grant rate increases announced late last year. We feel sure that this will help and compensate many homeowners who have seen costs rise during the time in question.
I also wish to acknowledge the role that designated local authorities and the Housing Agency play under the terms of the scheme. Designated local authorities are administrators of the scheme and the main contact for homeowners. The Housing Agency acts as agents on behalf of the designated local authorities. Through its framework of chartered engineers, it undertakes the assessment, survey, sampling, testing and categorisation of homes and thereafter determines the appropriate remediation option and grant amount to remediate the affected homes. Representatives from each of the designated local authorities also attend regular meetings of the implementation steering group. This group was established in 2023 and, along with the representatives from the designated local authorities and the Housing Agency, comprises officials from the Department and the homeowner liaison officer.
The homeowner liaison officer, Mr. John O’Connor, chair of the Housing Commission and the Pyrite Resolution Board, was appointed to act as liaison with homeowner representatives and elected representatives in counties affected by defective concrete blocks. The homeowner liaison officer works with representatives groups and my Department to ensure the concerns of key stakeholders are heard and dealt with.
As outlined earlier, the Bill contains a number of provisions. The main amendment will allow for retrospective grant payments. The others can be described as technical amendments to the Act and are proposed in order to enhance the efficient and fair operation of the grant scheme. These technical amendments include measures such as: a review of determined options for certain homeowners; increasing the time within which remediation works should be completed; allowing the opportunity, subject to certain conditions, to either a person who was married to, a civil partner of, or cohabiting with a relevant owner prior to the commencement the Act, to now become a relevant owner; and the facilitation of ancillary grants to applicants who have reached the grant scheme cap.
The programme for Government commits to undertaking the planned review of the scheme. This refers to the fact that the primary legislation mandates the commencement of a review of the scheme within three years of the Act coming into operation. In addition to this, a review of the operation of the Act is required within three months of the completion of any review of I.S. 465:2018, the national standard that underpins the current grant scheme. As Ireland's official standards body, the National Standards Authority of Ireland has been tasked with the review of this standard and I understand this review is due to conclude in quarter 1 of 2026 with the publication of the revised standard. This will start the process for a requirement to review the Act that the Department stands ready to action. We will continue to work with representatives from all parties to ensure impacted homeowners are heard and listened to and that the scheme reflects their needs.
Deputies are keenly aware of the issues of defective concrete blocks. We are committed to ensuring this scheme works for homeowners and I think they will agree that this Bill contains a number of fundamental and important legislative measures, aimed at further assisting impacted homeowners. I thank the members of the Oireachtas housing committee for assisting us in progressing this matter. This collaboration is appreciated and we hope to get this legislation passed as soon as possible. We will continue to work closely with all Members of the Oireachtas, and listen carefully to their views as we put in place regulations and guidance to ensure the scheme can address the real concerns of homeowners.
As the Minister said, Committee Stage will be a good opportunity for questions and answers and to tease out a lot of the proposed amendments. I commend this legislation to the Dáil.
3:10 pm
Verona Murphy (Wexford, Independent)
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I thank the Minister of State. We will begin now with Deputy Mac Lochlainn who is sharing time.
Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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This is a long, long time coming. As we know, the 2022 legislation was rammed through the Dáil. I will never forget it. The homeowners who were up in the Public Gallery were absolutely traumatised and were banging on the screens. I will never forget the look on their faces outside afterwards. They were absolutely betrayed. They had engaged honourably with Government and they were betrayed by a scheme that condemned our people in Donegal and the west of Ireland to be second-class citizens. It is absolutely shameful that we have victims of the scandals of defective concrete products all across Ireland, from east to west and north to south, and that there is first-class citizenship and there is second-class citizenship. If you are in Dublin and Leinster, the pyrite remediation scheme that has helped almost 3,000 families is genuinely 100% redress, and rightly so.
They have a scheme that is delivered directly by the State. They do not negotiate with builders and developers over prices. They do not have to navigate all the paperwork and project management. They get 100% redress delivered by the State. We have said again and again that no matter where you live in Ireland, you were utterly failed and you must get 100% redress.
Can the Minister imagine a scenario where two people go into a shop and one buys a small TV while the other buys a big TV? These TVs do not work. They are utterly faulty and the shop owner and the State say, "We're sorry. We don't provide any protection for the person who bought the bigger TV. It's about the cost. If they bought the small TV, we can afford to compensate them but if it was the bigger TV, they get some of the compensation but not the full compensation."
Here is the reality in the west of Ireland from Donegal to Mayo right down to Limerick and Clare. People are being left behind. They have to fill huge gaps with money. I will tell the story again of the family I met on their site. They were traumatised; their house had been demolished. They downsized their house under the new plan, by the way. They had a mortgage of about €900 per month with six years left. In order to rebuild their lives with the Government scheme, they will have a mortgage that is double that at €1,800 and which has 21 years left. That is what 100% redress looks like in Donegal and the west of Ireland. There is a small number of families this scheme can work for; maybe they have family in the building game or can access €50,000 or €60,000. We have a situation where people are living in shocking conditions but cannot afford to go through the scheme, so they are just left behind - second-class citizenship.
The Society of Chartered Surveyors Ireland was tasked with looking at the costings in 2023. In March 2024, the society reported to Government. The Minister had the flexibility in the legislation to increase the cap by 10% and the caps on the square meterage. The Minister did that in or around October 2024 and, at the same time, promised that those already going through the scheme would be able to avail of the increased cap. That was a huge thing because we are talking about tens of thousands of euro. That is huge in people's lives. Over a year later, we finally have this amendment. It could have been done long ago. It could have been done within hours, with the political will. This is incrementalist. This is second-class citizenship, folks.
The Minister knows it is wrong. I have responses from Ministers, including the Minister, Deputy Browne, and his predecessor saying out loud that it is about money. If people live in houses, which have to be demolished and rebuilt, it is too much money and the Government will not give them 100% redress. It said it never actually called it "redress". Minister after Minister and Department official after Department official has come before committees and come into this Dáil and called it 100% redress on the record of these Houses. Then, in a response to a parliamentary question, it is, "No, actually, it's our scheme of last recourse. We're doing you a great favour." This is second-class citizenship.
3:15 pm
Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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I will continue for one more minute with the forbearance of my colleague.
What is the issue with these incrementalist amendments? The issue is the Government is still excluding people. It put a date of March 2029. It was bad enough the Government took over a year but now it is excluding dozens of families. It is so cruel. They will be out tens of thousands of euro. Why did the Government put the date of 29 March 2024 to coincide with the publication of the SCSI report? That does not stand up because that report would have looked at costings into 2023. I ask the Minister not to be cruel and not to exclude dozens of families who are desperately waiting on this money. They are panicking that this will not be conceded by the Minister. Please concede our point. We will, of course, put in amendments.
Finally, there is the semi-detached issue. For a holiday home owner, for someone who owns more than one rental property and for most people who cannot afford to go through the scheme, that semi-detached building will still stand. They will still be knocking down semi-detached buildings. This is madness. Any builder or engineer would ask what the Minister is playing at here.
I ask the Minister to please listen to those of us who are on the ground in the west of Ireland and to do what is right and fair. He knows this is wrong. I ask him to please stop it, confront his officials and do what is right.
3:20 pm
Pearse Doherty (Donegal, Sinn Fein)
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As my colleague, Deputy Mac Lochlainn, said, this amendment is long overdue. It is symptomatic of the Government. It has been two years since it was asked to look at the costs and it is a year on from the general election when it said it was going to bring it in. We are taking this legislation now, legislation that was published at 10 o'clock this morning. This shows how much the Government cares about people in my constituency, in Mayo and in other areas that have defective blocks. The type of approach the Government has taken to this legislation is absolutely appalling, as is the length of time it has taken. It is cruel, heartless, brutal, ruthless, cold-hearted, detached and indifferent. These are words that families who live in houses with defective blocks have used to describe to me the approach of this Government. I agree 100% with them because what the Government is doing is cruel. There is no defence anymore in terms of the Government saying it does not know what the issues are. People's houses are crumbling down around them. The Government brought in a scheme it pretended was 100% redress. All it was was pretence, because there would be no issues today if we had a 100% redress scheme. The Government would not be playing around with a 10% increase in allowances and grants and backdating it to a certain date, with cut-off points that are absolutely cruel, heartless, cold, indifferent, detached and everything those families in County Donegal said to me about this Government.
It is appalling what is happening. People are stuck in a crisis and in absolute misery not of their own making. They have turned to the Government. They have marched in the streets. As Deputy Mac Lochlainn said, they have filled the Gallery here pleading and begging that their elected representatives would hear them, step up and make sure they had equality. That is what they want. They want equality and not something new, different or more than anybody else. They want the same scheme other people in the east of this country were able to get, where their houses were fixed and where 100% redress was provided. The Government has brought forward a small increase in relation to the grants but costs have already overtaken that increase and it has only been applied to works carried out from March 2024. This means people are still going to be left behind.
The promise the Government made that earlier movers would not be penalised is one it has fairly broken in this legislation because it is penalising early movers. It is breaking its promise and its commitment. Again, this scheme is so deeply flawed that what we need is not tinkering with it but a proper scheme. We need a scheme that delivers 100% redress, one not based on laptop studies but on the proper, up-to-date science that actually deals with the issue going on in people's homes. We need a scheme that not just deals with people's homes but one that deals with the 12 schools in Donegal that have defective blocks-----
Pearse Doherty (Donegal, Sinn Fein)
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We need a scheme that deals with the childcare centres our children are in that are falling down. We need a scheme for our community buildings that are falling down in Donegal and elsewhere. The Government needs to get with it because what it is doing is cruel, vindictive, callous, cold-hearted and indifferent. The people have demanded what they have got so far from the Government. They have wrenched every little bit and every little support from the Government. They are going to continue and we in Sinn Féin are going to stand with them shoulder to shoulder until we get 100% redress because they deserve nothing less.
Rose Conway-Walsh (Mayo, Sinn Fein)
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I cannot believe I am reading this legislation. I have waited every week for it since March. It could have been done in April, May, June, July, August, September, October or November. Here we are now in December and this is what the Government gives us? Is the Government going to take all the calls from people in County Mayo tonight when they look at this legislation and see that 29 March is an arbitrary cut-off date? The Government cannot do this. We will obviously be putting in amendments to this legislation.
Minister after Minister and official after official swore nobody would be disadvantaged by the point at which they went into this scheme. Now, this turns out to be blatantly false. I have been reassuring homeowners. There has been talk of cohorts here. I have been reassuring families that the legislation will come.
The Minister could have introduced this legislation as an inconsequential amendment to the emergency planning Bill. I told the Minister and the Tánaiste in this Chamber. I have been telling them: "Do not worry; nobody will be left behind." Now the Minister comes and says 29 March is cut-off day. I am speaking to the Minister and the officials as well: for heaven's sake, please correct that. I am very conscious that this is not going to reach Committee Stage for another week and that families tonight are going to be in the same excruciating torture they have been in for months. The Minister has to change it. It is wholly unacceptable.
3:30 pm
Rose Conway-Walsh (Mayo, Sinn Fein)
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I do not know who thought it was acceptable, or who thought it was acceptable for the Minister to go back on his word. It is certainly not acceptable to me or to homeowners in Mayo.
I also wish to raise retrospective payments. Time and time again, I have asked him to cover houses that people had to build before the scheme in. They have to be covered. There are gaps that people are trying to deal with. Let us take Páirc na Coille in Westport. There is €50,000 of a gap. How in the name of God does the Minister expect people to find €50,000? They cannot find it. It is just not there. Now I have to go back and tell some of them tonight: "Actually you are not included in this. He has excluded you." Jesus, I do not know what to say to the Minister at this stage. He says he stands ready to provide financial help. If this is what he stands ready to do, it is absolutely disgraceful.
I want to take another matter up with him How does it take more than eight or nine months to get the results of tests that are done? I have people waiting since early this year to get the results back from the tests so they could get on with their work. Can the Minister give me an explanation before we leave the Chamber tonight as to why the tests take this long? Is he sending them to Mars? It is taking eight or nine months to get the results of the tests back. I am not an engineer but I can tell going into a house, because I have been in so many houses that are falling down, that somebody has pyrite. There is pyrite in the defective blocks in Mayo. It takes eight or nine months to get the results of tests back. Where is the scheme for the social houses? The Minister said the Government is putting away money for a rainy day. Is it not brilliant? What about the social houses in Mayo and other houses where the rain is coming in through the ceiling and rats and mice are coming through the gaps in the wall? Jesus, the Minister says that he is listening and it is so obvious that he is not hearing a word of what people are saying. We keep giving him the solutions and telling him what needs to be done but he still refuses to listen.
I have to bring up with the Minister the current inspection of the quarries. There is a need to appoint a geologist to make sure the aggregate coming out of the quarries is fit for purpose now.
Rose Conway-Walsh (Mayo, Sinn Fein)
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I am not confident in what is coming out and that the inspection regimes are good enough. The people in Mayo, because they have been let down time and time again, do not have confidence in that either.
The Minister referred to alternative suitable accommodation. Deputy Pearse Doherty presented the Minister with a solution to it last week. Again, it was refused by the new the all-singing, all-dancing Minister for Finance. Again, when a solution was presented to him, the Minister for housing turned his back.
There need to be changes here before next week, otherwise he must go down, face the people in Mayo and tell them.
Donna McGettigan (Clare, Sinn Fein)
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We were told time and time again that this is a 100% redress scheme but it is not. What we see before us again today is evidence of that. The scheme is not fit for purpose and the evidence is there for anyone to look at. Behind every fact, figure and departmental line lies a human story of families who suffer every day. They are families who wonder every time Met Éireann issues a warning if this is the day their house comes down.
Do Government Members really believe that €150,000 is enough to rebuild a home in rural Ireland, or in Clare? This is what the Government has decided people will get and that is before demolition, engineers and every other cost of this comes out of that inadequate scheme. Ordinary people who did nothing wrong are now being forced to borrow tens of thousands of euro just to make up for this Government's failed scheme.
These families never asked for this. They believed they were living in their dream homes, building dreams and memories but they are now living in nightmares. They were directly promised that no homeowner would be disadvantaged when transitioning from the initial scheme, but there are now at least 25 families in Clare already locked out of that increased grant. They are locked out by nothing but an arbitrary date, a date that creates inequity, division and despair. What about those in social housing who are expected to pay rent for houses crumbling down around them? People have faced barrier after barrier and all of it has been placed there by this Government. This is not 100% redress. The Government got this wrong and needs to fix it. All homeowners must be treated equally, with no arbitrary dates, no discrimination and no family left behind. 100% redress must mean 100% redress. We do not need slogans or spin, but real support. The people of Clare and other areas deserve fairness, not excuses. It is time for the Government to face reality and deliver a scheme that homeowners were promised and deserve.
3:40 pm
Conor Sheehan (Limerick City, Labour)
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This amending Bill is a tweak to a scheme that does not work. The scheme does not work because it is not an end-to-end redress scheme like the pyrite scheme that people on the east coast of the country have been able to avail of quite successfully for a number of years now. Recently, myself and Senator Nessa Cosgrove visited Donegal. We went to Letterkenny and met with Deputy Charles Ward and some of his councillors. We saw the scale of the human devastation. I will never forget the people I met or the smell in some of their homes of sheer damp. I will never forget people telling me they are terrified of the roof falling down on their house because the walls are crumbling and cannot hold up the roof. What is being proposed here is an improvement on the original scheme but it is nowhere near enough. People right down the west coast as far as Limerick bought and paid for their homes. They scrimped and saved and worked as hard as they could. Now in many cases they effectively have to pay twice for those homes.
It is very disrespectful to publish the Bill only a few short hours before the debate. I know the housing committee waived pre-legislative scrutiny on this weeks ago to ensure that it could be done as soon as possible. When we are talking about the specifics, what is being proposed in respect of semi-detached dwellings does not go anywhere near far enough. I have seen ludicrous situations, including one in my own constituency of Limerick, where one home from a pair of semi-detached houses was demolished as defective while the other was left standing with very obvious defects and obvious damage done to it during the process. Particularly in respect of Limerick, we are at the tip of the iceberg. There are many people in Limerick who do not even know they are living in defective homes. There is a need to consider this scheme on a national and not a county-by-county basis. This is yet another sticking plaster over a gaping wound. People have been campaigning for 15 years for redress for their defective homes. Seven years after the Government first came forward with the fundamentals of a scheme in 2018, only a couple of hundred homes have been fixed. The scheme has not worked because it has been designed as a grant scheme and not as an end-to-end scheme.
The Minister is making the same mistake, unfortunately, in relation to the legislation around defective apartments. These poor traumatised people are expected, essentially, to project-manage an entire process themselves with little help or little assistance. Even the cost of getting an initial assessment - the testing and the reports - quickly runs to thousands of euro. My concern is that in trying to address this crisis, the Minister is not actually addressing it in the whole as the humanitarian disaster it is. He is sort of going around the place firefighting. The Minister's visit to County Donegal earlier this year was very welcome because his predecessor refused to do so, but what the Minister is proposing here is not enough because the scheme by its very premise is flawed.
We finally have the so-called emergency legislation to lift the cap, which was promised over a year ago, but we need to see the scientific underpinning of the scheme updated. Pyrrhotite and framboidal pyrite are the cause of concrete cracking and crumbling. The review into IS 465 needs to be published and that is not due until quarter 1 of 2026. The scientific underpinning of the scheme is outdated and flawed because it assesses superficial damage and not structural stability. We need an interim measure to stop people continuing to get wrong remediation measures. For example, options 2 to 5 under this scheme essentially involve leaving defective concrete somewhere within a building. The Government is going to have to come back to that in years to come, and that is going to cost the State and the taxpayer more money. People have huge difficulties in insuring and mortgaging these properties. This is not a long-term solution, and these homes will continue to deteriorate. Option 1, full demolition and reconstruction, is the only viable option. It should not be up to homeowners to determine whether they should replace their foundations. That is why we need an end-to-end scheme. At the bare minimum, we need to make sure we test the foundations on every single home on this scheme.
I welcome the fact that parts of Fingal will be included in the revised scheme because my colleague, Deputy Robert O'Donoghue, has been campaigning and working with affected families for years. The request first went in from Fingal County Council to the Housing Agency in September 2023. The testing was done in December 2023. It really should not take this long because if we factor in the impact of the concrete block levy and the increased cost of construction, hardworking families are effectively being doubly penalised. The issue is that this is actually not fundamentally 100% redress. For example, there are issues with people downsizing. They will only be paid for the square metres they rebuild, irrespective of what is actually left on their mortgage.
Before I conclude this evening, I want to emphasise that not one single quarry has been adequately held to account for the defective products they sold. Many of these queries are still selling defective concrete blocks. Government inspectors, not quarry owners or employees, must select material for inspection because otherwise we have no real way of preventing this. We need an end-to-end scheme. We essentially need mark 2 of the pyrite remediation scheme that gives people the ideal model to allow them to rebuild their lives. Along with my colleagues across the Opposition, I will be proposing some amendments to this Bill because I especially think, going back to what other speakers said earlier, that the arbitrary deadline of 29 March needs to be looked at again.
There is nothing in it on expenses incurred in 2023. I urge the Minister to look at this again. While I welcome the fact he is tweaking the scheme, I do not accept fundamentally that the scheme is fit for purpose. It is designed as a grant scheme when it should be an end-to end scheme. Unfortunately the Government is insistent on doing the same thing with the defective apartments.
3:50 pm
Pat Gallagher (Donegal, Fianna Fail)
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I am pleased to have the opportunity to participate in the debate. I will refer to some of the positives in the amendment to the defective blocks legislation. For example, it is an opportunity for retrospective payments to be made to homeowners who previously hit the scheme cap. This is the extra 10% in most cases. I agree with many of the contributors that the date of 29 March 2024 is very much arbitrary and I request the Minister to look at it. If it were to be changed, it would not be that much more costly. Not too many houses are affected but each and every one is important. I ask the Minister to have a look at this between now and Committee Stage.
Recently I took the opportunity to visit all of the schemes in Letterkenny that are affected. It reminded me of a visit to New Orleans for St. Patrick's Day in 2006. I toured the city and saw the devastation there. The only difference was that after Hurricane Katrina the houses were not left standing. Those houses were totally demolished whereas in Donegal the houses are not demolished but they are crumbling. Through time, unless something is done, many of these houses will be somewhat similar to what I saw in the United States many years ago. When I left there I remember saying to those who accompanied me that it was not about bricks and mortar; it was much more than that. It was much more profound as it affected families, relationships, homeowners, mental and physical health and well-being. We do not know what happens in houses when families go inside the door but I have no doubt this issue is affecting family relationships and children. I know of a number of individuals who wanted to send their children to college but the children said to their parents that they could not afford to do so and that they would take time out to work. This is the effect it is having on all of these families in Donegal.
I welcome the new provisions to support homeowners who exceeded the former scheme limit and have incurred qualifying expenditure since 29 March 2024. I ask the Minister to have a look at this rather than having it as an arbitrary date.
Issuing homeowners with a non-demolition option, which, in plain language, is with regard to the outer leaf, makes no sense. The concrete blocks in the outer leaf being affected, while the blocks in the inner leaf were not, does not make sense. Most of these people are now awaiting the amendment to SI 465. After my visit to parts of Donegal last week, I took the opportunity to write to the chief executive of the NSAI to ask when the new SI 465 is scheduled to be published. I also asked whether there was a draft or a summary. Of course, I got a reply this afternoon to say it was still working through the hundreds of proposals it has, and that it would be sometime next year I heard the Minister say earlier, which I welcome, that it will be available in the first quarter of 2026, and I hope it is sooner rather than later. The scheme would not make sense for most of those approved for the outer leaf because in years to come they will be back again. Not only would they then have to replace the outer leaf to get into the inner leaf, but it would cause substantial costs for them.
I welcome the recommendation regarding side by side. Many families whose houses were adapted to accommodate adults or children with special needs had to put specialised equipment into them. It made sense to build side by side and I am pleased the Minister will bring forward amendments on Committee Stage to accommodate those same people. The 65 weeks to complete remediation works from the date of commencement never made much sense, as well as the requirement to apply 12 weeks in advance for an extension. Now, that has gone to 130 weeks. The big problem in my county, as I am sure it is elsewhere, is that it is impossible to get contractors to do the work. As soon as one is approved, it can take a long time because many of our people have emigrated, largely to Australia and many places. We should be trying to attract those people back to participate in the development of these houses that will be knocked and rebuilt.
I want to take this opportunity to compliment the staff of Donegal County Council who are administrating this scheme. They are on the front line and are snowed under. I am also pleased funding is being provided to employ additional staff. I hope that can happen sooner rather than later to ensure the process is as streamlined as possible between the Department and Donegal County Council, with a view to getting families the additional other retrospective payment as soon as possible.
Others referred to the buildings not included in this scheme. It is heartbreaking to meet people who are in apartments who are not covered. There are also several schools in the county that are affected. There are community centres, farm buildings and local authority houses affected. I understand there are about 2,000 local authority houses affected in Donegal and they are not in the scheme. Those are all the additionals. Whether this happens next week or before Christmas, including local authority houses has to be considered. Of course, there are also childcare facilities, and mention was made of the delay in carrying out the testing. In terms of these are delays, it should not take eight or nine months to carry out tests and report back.
Furthermore, I refer to anyone wanting to buy a house under the tenant purchase scheme, which was one of the best schemes ever introduced. I was here at the time, back in 1987. Many people bought their houses at a reasonable cost but it is much different since that scheme was amended. If those houses are being purchased now, it will take a long time to have the test carried out which adds further to delays.
The Minister has guaranteed he will introduce an amendment for the side by side and there will be support across the House for that. It would assist vulnerable families who face challenges in finding suitable alternate accommodation when their homes are being remedied. Builders will have to approve compliance before homes can be occupied to ensure safer houses for families. The new process will regulate these works without proper notification while expanded enforcement powers give authorities more flexibility to resolve issues fairly. As regards the semi-detached houses, I will await welcoming all that until I have further detail - that is, with adjoining or adjacent dwellings included in remediation.
All in all, it is a step forward. We have been waiting on this for a considerable time. There are many families who, immediately when they read the press release which was issued by the Minister, will say, "We are not included in that."
Those people have to be included. It is no fault of their own that they have purchased defective concrete blocks, and all of that has to be taken into consideration. I welcome the fact it is the Minister's intention to have the legislation through the House before Christmas because people have waited long enough. It is incumbent on us to ensure that the Bill goes through the House as quickly as possible. While I welcome some aspects of the Bill, I still have reservations about all of the other types of buildings that are not included and must be included, because this is not going to go away. I repeat my concern for all those families who are suffering mental and physical health issues as a result of the situation they have found themselves in, which is not of their doing.
4:00 pm
Paul Donnelly (Dublin West, Sinn Fein)
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I have not spoken on this issue before but I have listened to so many debates on it over the period of time. It struck me today when I was looking at the update to the Bill and the background to it. It reminds me of when we had issues with pyrite in my constituency. It was one of the first areas where it was discovered that pyrite was affecting homes. I know it is a completely different defect that they had, but they went through some really difficult times. I know some of the families in Dublin West who were utterly distressed over the issue of pyrite and how it was going to be remedied and how they were going to get support. We still have other, different defects in apartment blocks in Dublin West and across the country that are down to very poor building construction and very poor oversight by local authorities and the Government. It was a free for all that allowed developers and builders to pretty much do what they wanted, with all of the self-regulation. We know the reasons we have got to where we are.
I know people in Donegal and I have seen some of the ways this has affected people. I was explaining this to someone the other day. Even in my constituency to this day, I have met a number of families in a brand new estate where they feel that there are building defects or there are issues within their development. Seventy-three families will be moved out of these brand new houses they moved into less than six months ago. They have paid upwards of €500,000 for these houses. They are being remediated but we are still dealing with building defects. I find it incredible that in this day and age these issues are ongoing. I was explaining the pyrite and mica issue to them and they just could not believe that this was happening in this day and age and that these issues, which go back years, have still not been resolved. Even with all of the issues that we are talking about here in relation to this Bill, we still do not have 100% redress. It is still the case that families that cannot rest their heads on a pillow tonight and say it has been sorted. Financial costs have been imposed on these families, as has been said, through absolutely no fault of their own. This was nothing to do with them. They did everything in good faith. They did what they were supposed to do and yet they are still left in this situation where they do not have 100% redress.
I have listened to the TDs from Donegal, such as Pearse and Pádraig. I just cannot believe that we are still here and that those people cannot look forward to Christmas knowing that this has been sorted out. I appeal to the Minister on a human level to make sure that this is dealt with and that these people get what they deserve, which are the homes they paid for.
4:05 pm
Rory Hearne (Dublin North-West, Social Democrats)
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It is deeply disappointing that the Bill was just published today. That did not give us sufficient time to go through it. While we did go through it in the housing committee, I do not think it is good practice to issue legislation on the day it is to be debated in the Dáil. I ask the Minister to reconsider how legislation is put through in the future. It is not sufficient time for us to go through it. While we want to progress legislation and solutions for people, in particular in situations like this where people are living in life-or-death situations, we really need to respect the process, the committee and us as elected representatives. I want to express my disappointment and ask the Minister to consider how legislation is brought through such that sufficient time is given.
As I have said previously in the Dáil, ultimately it is those who are affected by and living through this who need to be listened to. Deputy Ward has raised this issue and we have listened to people in the audiovisual room who are living through this. I have also heard accounts through my office. It is quite clear that as currently constructed, the proposals to deal with this are not adequate. They are not adequate in providing the redress that people need, both financially and in terms of the process itself. There are still substantial issues.
In particular, I want to raise the issue of what is the fundamental problem. We heard a very good presentation on the issue of pyrrhotite. The assumption or theory was that freeze thaw from mica was causing the problems in the housing, whereas it is actually caused by an internal sulfate attack by pyrrhotite. As was pointed out, this is very important because if we do not have the proper identification of what is causing the problem, we will not be able to solve it. Importantly, we will not enable those who are living in the homes to solve it. The concern is that this will be a part solution and that really we are burying - literally - the problem, which is going to emerge in years to come. It is papering over the cracks rather than fundamentally addressing the structural issue that is making the houses crumble and fall apart. It is not the freeze thaw from mica, as most people believe, but something else going on. It has been identified that the guidelines under the NSAI standards have not been updated to acknowledge this and that the scheme itself does not acknowledge this. Will the Minister come back on this? It is fundamental to how this issue is going to be genuinely addressed.
The other issue I want to talk about is the mental health impact of this crisis on people who are living through it. It is something I have spoken about before in relation to housing on a broader level. People in insecure and substandard homes are living through chronic stress. It is similar to, and in many ways significantly heightened by, living in a home affected by defective concrete. I would encourage the Minister to read an academic paper on this written by Oisin Keenan, Jamie Murphy, Paul Dunlop, Eileen Doherty, Rachel McHugh and Karen Kirby. It highlights that the use of defective concrete in the construction of homes has caused not only widespread property deterioration and economic shock but also psychological distress for thousands of families.
Charles Ward