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Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: United Nations Convention on the Law of Non-Navigational Uses of International Watercourses: Motion (17 Dec 2013)

Phil Hogan: I knew the Vice Chairman would mention it. No, the only dispute there is between Tipperary and Clare.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: United Nations Convention on the Law of Non-Navigational Uses of International Watercourses: Motion (17 Dec 2013)

Phil Hogan: Galway as well, that is correct. No. Lough Derg is not an international convention matter.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: United Nations Convention on the Law of Non-Navigational Uses of International Watercourses: Motion (17 Dec 2013)

Phil Hogan: Hopefully, yes.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: United Nations Convention on the Law of Non-Navigational Uses of International Watercourses: Motion (17 Dec 2013)

Phil Hogan: I thank the Vice Chairman and the committee for convening this meeting at short notice to consider this motion. The Vice Chairman has well summarised the context in which this meeting has been called in terms of ratifying what was agreed by Government on 3 December in regard to the accession by Ireland to the UN Convention on the non-navigational uses of transboundary watercourses and this...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendments Nos. 22, 23 and 25 to 27, inclusive, are minor amendments to correct a typographical error in section 22(d) and grammatical corrections in sections 23(b), 24 and 26. Amendment No. 24 is required to insert a new section 23(d) to clarify that the Housing Agency, with the consent of the board, may enter into an agreement with any person for the performance of functions assigned to the...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: During the Second Stage debate many Senators made the case that this should not be an open-ended scheme which will put a significant burden of cost on the taxpayer. I have confined it to a scheme of last resort to home owners and people in apartments. Those who are in commercial properties have contracts of works with their building contractor or have other means such as suing the contractor...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: We commissioned a report from an independent panel and I am proposing the scheme laid out in that report. We set out the definition of pyritic heave and damage in the legislation. I would like to widen the scope of the scheme if I had the resources to do so, but I have to set parameters. If pyritic damages get worse, the homes will move into the category that will be eligible for...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 16 is consequential to Government amendments Nos. 9 and 10 and is required to clarify in section 16 (3) of the Bill that the establishment and priorities by the Pyrite Resolution Board for the remediation of dwellings will apply across all dwellings and will not differentiate between them.

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendments Nos. 17 and 18 are minor amendments required to make a grammatical correction in the opening line of section 17(3) of the Bill and a consequential amendment in section 17 (3) (a) of the Bill.

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: This amendment is required to provide in section 18 (3) of the Bill that the Pyrite Resolution Board shall have sufficient time to consider a matter referred to it by a decision maker.

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 20 is required to make provision in a new section 19 of the Bill for a situation in which an application has been received in respect of a dwelling or dwellings and where the Pyrite Resolution Board becomes aware that the builder-developer of the dwelling or dwellings is involved in a civil action for damages against a party who is considered responsible for the pyritic damage...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 21 is required to make provision in section 19 of the Bill to clarify the consequential amendment arising from Government amendment No. 20 and the principle of the pyrite remediation scheme being the scheme of last resort.

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: I understand where Senators are coming from in respect of this scheme. In any scheme there will be a starting point from which one must proceed. It is like the home improvement grants in the past which required prior approval before the works could commence. Those who had carried out works obviously would feel aggrieved if they had known that a scheme would be introduced. There is always...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Senator O'Brien might comment briefly.

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: I am adopting the standard approach in terms of laying information before the Houses of the Oireachtas for the establishment of any board. It is open to the Oireachtas to discuss the establishment of the pyrite resolution board if the Houses wish to make time available to do so. In any event, upon receipt of a request by the Oireachtas Committee on Environment, Culture and the Gaeltacht, I...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: These amendments are not required having regard to the detailed provisions provided for in the Bill. The Bill provides for the appointment of persons to the pyrite resolution board, the appointment of appeals officers, the establishment of procedures for appeals to an appeals officer, the removal of a person from the board, the filling of a vacancy on the board and the circumstances under...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: I do not propose to accept amendment No. 4 because section 9(4) requires the pyrite resolution board to prepare a report annually not later than 30 June each year following its establishment and to submit such reports to my office. It is my intention that the annual reports will include information relating to any gifts received by the board in the context of the operation of the pyrite...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 7 is required to clarify in a new section 14(2)(e)(C) that the pyrite resolution board has flexibility in applying the limits for expenses to be recouped to home owners in respect of alternative accommodation, that is, €3,000 and the removal and storage of furniture, that is, €2,500 during remediation works. These limits can apply individually or to a combination...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 1a to section 2 is required for the purpose of clarification and confirms the meaning of "emergency". An emergency means any event or circumstance or combination of events or circumstances, arising out of or in connection with pyritic heave, that has occurred or may occur which (a) adversely affects or may adversely affect the structural integrity of a dwelling or any part...

Seanad: Pyrite Resolution Bill 2013: Committee and Remaining Stages (17 Dec 2013)

Phil Hogan: Amendment No. 1 is required for the purpose of clarification and confirms, in a new section 3(3), that the scope of the Bill does not include garages, car parks, gardens, patios or other structures not used as a dwelling, unless the pyrite resolution board is satisfied that to exclude such structures could result in damage to a dwelling which is included in the scheme, or is recommended for...

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