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Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: In the case in which a professional in the construction sector may sign confidentiality clauses with whomever he or she is working, does that inhibit the professional?

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: In the view of the Department, the NSAI and the NBCMSO, are the processes around this sufficiently strong and robust? Are there areas on which improvement is needed and, if so, which areas? I ask the NSAI to respond followed by the Department, if there is time. If not, we can return to the question.

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: Is the overall system robust enough?

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: I have a few short questions for the NBCMSO. I ask for an indication of how many people working in the construction industry or members of the public have contacted the office with concerns, issues or complaints since the office was set up?

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: I am interested in products in particular. I am not looking for an exact figure but for an indication as to whether construction products produce a lot of complaints or queries.

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: To date since the office has been set up, that has not produced issues in terms of market surveillance and products that NBCSMO has been able to follow up on or there have been outcomes-----

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: I will return to the statements that were made by Aidan O’Connell to this committee earlier in the year. Just from the witnesses’ reply, they said they were thoroughly investigated and no issues were found. That is correct, is it not? I just want to get my head around this. There is obviously a considerable gap between his statements, direct experience and direct knowledge,...

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: Just so we understand and know this, does that mean that there is not a possibility that defective materials were used between the testing that the NBCMSO did in the previous campaign and then the subsequent testing? Is that possibility very low? Where there is a very strong view that defective materials are being used, are those testing processes robust enough that they are sufficient to...

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: Can Ms Phelan explain “continuous testing” a bit more?

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: I have a final question around laboratory testing. There was a well publicised case in the UK in terms of fire cladding that was tested in a laboratory setting and was found to be compliant. However, the conditions were not real-world conditions, if you like. Once that fire cladding was exposed to wind conditions, the material then was found to be highly flammable, whereas in a laboratory...

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: It can meet the standards and gets through all the different processes, laboratory testing, certification, market surveillance office and all of that, but be the completely wrong product to use in certain conditions. While we can take some reassurance that there are these standards and processes in place, that is a level of reassurance, but it is not the end of the story. If the products...

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: Just to finish on this, can Ms Phelan tell us a bit more about the performance in use tests? The NBCMSO has no role in that, so who has a role in the oversight of performance in use tests?

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: The local authority.

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: The national building control office would then have a role in that.

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: This is my final question. Are there enough resources in that and enough oversight or is that an area that needs more attention?

Joint Oireachtas Committee on Housing, Planning and Local Government: Issues Relating to Quarries and Deleterious Materials: Discussion (6 Dec 2022)

Cian O'Callaghan: The operators keep a record of who they have supplied but there is not necessarily follow-up. They are not told that there could be a problem.

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Regulatory Bodies (1 Dec 2022)

Cian O'Callaghan: I appreciate the answer outlining what the RTB can do in these situations but the issue is what it is not doing in these situations. I want to raise one specific example with the Minister of State, which was documented by Laoise Neylon in the Dublin Inquirerthis week, about a landlord who, at times, has been operating under the fake name of John White. In 2010 the Irish Independentreported...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Regulatory Bodies (1 Dec 2022)

Cian O'Callaghan: I thank the Minister of State for that answer. That offer was made about 6 months ago and I followed up and wrote to the Minister and I did not get any response on it. There is no point in saying that repeatedly if there will not be a follow up. I do not want the Minister of State to comment on a specific case but I want him to say if he thinks there is an issue with the RTB failing to...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Regulatory Bodies (1 Dec 2022)

Cian O'Callaghan: What about when they do not do so?

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Regulatory Bodies (1 Dec 2022)

Cian O'Callaghan: 4. To ask the Minister for Housing, Planning, and Local Government the redress available to tenants who make a complaint to the Residential Tenancies Board, RTB, regarding breaches of their tenancy rights when a breach relates to a tenancy with a landlord who fails to engage with the adjudication process; the action that is being taken to address this issue; and if he will make a statement on...

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