Seanad debates

Wednesday, 5 December 2012

Statute of Limitations (Amendment) (Home Remediation-Pyrite) Bill 2012: Second Stage

 

12:30 pm

Photo of Denis LandyDenis Landy (Labour) | Oireachtas source

I welcome the Minister of State for the debate on the Bill. I also welcome the representatives of the pyrite action group, some of whom I met earlier this year with Deputy Brendan Ryan whose work on this matter I acknowledge. He has worked with residents associations and in the Lower House has been extremely active on this issue.

I listened closely to the Minister of State's statement. As other speakers have noted, this problem started seven or eight years ago. The real action to find a solution began 20 months ago when the Government came into being. Although I respect that Senator Darragh O'Brien has brought forward the Bill, I put it to him and his colleague, Senator Averil Power, that their party was in government while the problem had been apparent for some four or five years and it took no action in the matter. Although I welcome the Bill and the efforts being made, it is not right to erase the fact that the problem has been apparent since at least 2005 and was at its height by 2008.

I am glad that the Minister of State has clarified the number of houses directly affected. During the time they were being built, builders and developers were running riot across the city, particularly in north County Dublin. They did whatever they liked in building, charged whatever they wanted and ignored every building regulation in place. The planners could not keep up with them; there were not enough of them to do the job. The professionals who signed off on projects obviously did not practise due diligence. I do not accept that the issue of pyrite was not on the horizon for professional bodies at the time. There is no excuse for signing off on such defective buildings.

I commend the Government for the head-on approach it has taken to the problem. The Pyrite Panel's report has been in the public domain for a number of weeks and clearly shows that in most cases stakeholders did not respond to the problem. Very few builders have gone back to fix it. Most ran to NAMA or went under cover, while some ran out of the country - that is the way they dealt with the problem. In the main, developers are only concerned with defending their own quarter, not with trying to fix the problem they created.

When I hear the word "HomeBond", it makes my blood boil. This organisation should be struck off as a result of the way it has treated people. When I built my house almost 13 years ago, I encountered a difficulty. I contacted HomeBond but in view of the response I received I might as well have contacted Donald Duck. HomeBond is an absolutely disgraceful organisation and it should not be allowed to continue to trade.

I am pleased by the Minister of State's indication to the effect that the Statute of Limitations has been examined by the Law Reform Commission. There is a need for movement in respect of this issue and the State must play a role in finding a solution. The first step in this regard was the establishment of the Pyrite Panel and the next will be the setting up of the resolution board. I welcome the Minister of State's confirmation to the effect that the latter will be in place by the first quarter of 2013. We can then move forward and find a solution to the problems which have arisen in respect of the properties affected by pyrite. I do not know whether there are 12,500 or 20,500 such properties but the overall number will be clearly defined. The cost in respect of this matter should fall to those responsible to pay. In the main, those responsible - both named players and others - are to be found in the construction industry. The relevant stakeholders must come forward with responses in respect of this matter. If they do not do so, they should be brought to heel. This matter has been allowed to drag on for too long. The day of judgment has come.

On this, the day on which the budget for 2013 is to be introduced, I will try to speak calmly. Members of Fianna Fáil introduced the Bill before the House in good faith. However, it was their party which allowed the building industry to run riot for 15 years. Fianna Fáil drove the country into bankruptcy, it threw away the money that would help us to solve this problem and it is now showing concern for those who are sitting in the Gallery. I do not accept what Fianna Fáil is doing. Senator Darragh O'Brien's Bill is welcome. However, I hope his action is the equivalent of him putting his foot to a ball that is already heading for the net. The Government intends to resolve this matter. In that context, what is done must represent a victory for those who have been affected. I hope that victory will become apparent in the near future.

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