Phil Hogan (Carlow-Kilkenny, Fine Gael)

The legal proceedings relating to Priory Hall are continuing and it would be inappropriate to anticipate their conclusion. I imagine Senator Power has no wish for me, as a public representative, to intervene in court proceedings. Dublin City Council's appeal against the High Court order that it pay the costs of providing alternative accommodation for the Priory Hall residents will be heard on 24 April 2012. I realise this has caused a good deal of inconvenience to the residents through no fault of theirs. The lack of trust between the professional bodies, professional people and the developer has allowed this to happen from the beginning.

At my request, the Department is being kept informed of developments by Dublin City Council. The Department has assisted the council, in consultation with NAMA, in securing alternative temporary accommodation for many of the residents. My Department has made a contribution towards the costs necessarily incurred by Dublin City Council, in the context of the High Court cases, in providing temporary accommodation for households evacuated from Priory Hall.

Dublin City Council is the designated authority with powers to enforce the statutory requirements arising under current legislation, including the Fire Safety Act, the Building Control Acts and the Planning and Development Acts, all of which are at issue in the case of Priory Hall. The council is also the designated housing authority under the Housing Acts.

My responsibility is to ensure that appropriate statutory requirements, technical standards and administrative provisions are put in place under the relevant legislation. This responsibility has been fulfilled and is not in dispute. I have no role in enforcement activity or in the direct provision of housing services. Residents at Priory Hall and their representatives have previously been advised of this standing division of responsibilities.

In the circumstances, it would not be appropriate for me to meet the residents at this point. As I have stated on many occasions I must act appropriately and within my powers, especially since the case is already the subject of legal proceedings. The overriding priority is to facilitate the return by residents to their homes as early as possible. In this respect it will be necessary to ensure that these homes are made fit for purpose and that the costs of so doing fall where they should. I have asked Dublin City Council to do all within its powers to achieve this objective and I have asked the Department to continue to liaise closely with Dublin City Council in this regard.

The council has made commendable efforts to provide for the needs of residents to date and it continues to work proactively on their behalf towards achieving the necessary and longed-for resolution of the issues at Priory Hall. Difficult legal issues arise including issues of enforcement. The fire officers of Dublin City Council were the people who identified the problem. In the circumstances, I urge all concerned to allow the council to continue to deal with this situation even though it is protracted and things are not happening as fast as I would like. My Department will continue to liaise with the council with regard to its ongoing response to the needs of the residents and its efforts to facilitate their return to their homes as early as possible. Substantial works remain to be undertaken before this can take place. The council is making every effort to achieve the remediation works as quickly as possible.

Since taking up office I have clearly signalled that consumer protection in the area of quality construction of new dwellings is a priority matter. I am dealing with legacy issues of poor building standards implemented by previous Governments and I intend to change the regulations and the system of regulations as soon as I can. In July 2011, before any of these matters came to light, I announced several measures to be advanced by the Department and local authorities with a view to improving compliance with and oversight of the requirements of the building regulations. Mandatory certification and improved inspection arrangements are key reforms which will be put in place in 2012. These will have the capacity to improve the quality of buildings while ensuring that problems like those that have arisen at Priory Hall do not visit homeowners again.

I have also publicly articulated my views on the role played by construction professionals and industry interests in certifying the building works at Priory Hall. I am most disappointed at the lack of attention being paid to this aspect of the problem by commentators in general. I hope that they come to realise where the problem and a considerable part of the blame lies. From the point of view of the residents, the blame game is no good to them. We must get on with trying to help them. Given the law and the current situation regarding the potential case at the Supreme Court I can do no more than I am doing at the moment.