Seanad debates

Wednesday, 5 December 2012

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

 

12:40 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

The members of the pyrite action group and those who are suffering because a solution to their problems has not been found should be the main focus of the debate, which should not be the subject of party politics.

The Bill is a very welcome first step. Since I became a Member of the Seanad, Senator Darragh O'Brien has raised this hugely important issue on an almost weekly basis. The Bill does not provide a resolution in any sense of the word and, unfortunately, is probably just the initial step on a much longer journey. The Government must act in a much more expeditious manner in order to resolve this issue.

I agree with Senator Norris in a general sense in that this is definitely an issue in respect of which the Statute of Limitations must be addressed. However, there is also a need to address that statute in the context of the victims of the procedure known as symphysiotomy and those who were victims of the Magdalene laundries. The Government must consider lifting the statute of limitations in respect of these matters in order that people might have their rights vindicated.

The pyrite panel's report has been a long time coming and action in respect of it is still awaited. Sinn Féin supports the Bill before the House as an essential measure in ensuring that those whose homes have been affected by pyrite contamination will have the necessary repairs carried out, regardless of when those homes were built. The carrying out of such repairs should depend on the finding of pyrite within a property as a result of the carrying out of an independent test. The pyrite report, which was published earlier in the year, indicates that some 12,500 homes - excluding those not in private ownership - have been affected by pyrite. The report also indicates that while many properties require work - and many others will possibly require work in the future - approximately 850 are in need of immediate repair. The report recommends that a monitoring system be put in place in order to ensure that properties which have been identified as being affected by pyrite will be dealt with swiftly if serious problems arise in the future.

People are extremely concerned because the problems with their homes must be addressed right now. Regardless of whether we are pointing the finger at builders, at the fact that regulation was lax or at the current Government for dragging its feet, there is no doubt that people's homes must be restored to the state in which they would expect them to be. This matter must be remedied as a matter of urgency. The families living in the homes to which I refer and which sought to discover whether they were covered by their insurers were sorely disappointed when groups such as HomeBond - which behaved disgracefully and which refused to attend meetings of an Oireachtas committee on two occasions - turned them away. I welcome the comment made by the Minister of State, Deputy O'Dowd, to the effect that HomeBond will not be let off the hook and that it will be held to account for its actions in respect of this matter.

Pyrite caught the concrete industry, the construction industry and regulators by surprise. However, it should not have done so because there have been a number of serious difficulties with pyrite in other parts of the world. Any industry should work to prevent problems such as those to which I refer from arising. Many homes have been affected by pyrite; we cannot be sure that 12,000 is not a conservative estimate and that difficulties will not arise with other houses in the future. The Bill contains a good measure in respect of providing proper cover to families who discover that their homes are affected by pyrite. However, there is also a need for real regulation to ensure that pyrite-contaminated materials are not being used at present and will not be used in the future. Such regulation should include a mandatory requirement in respect of the testing of heave potential in proposed building materials and more thorough inspections at quarry, wholesale and site level.

I take this opportunity to call on the Minister of State to redouble his efforts to ensure that HomeBond will be held responsible for its actions and that it will use its large profits to assist the families it disgracefully abandoned. Will the Minister of State indicate how he proposes to proceed and what his intentions are in this regard? There is also a need for him to report on the progress made with other responsible bodies which are contributing to the repair works. We have called for the State to fill the funding gap in respect of repairs that are immediately required until the necessary arrangements are put in place. If families are left in limbo while the negotiations continue, then the State has a duty of care in the context of providing them with immediate assistance. Those to whom I refer should not be obliged to wait. Will the Minister of State indicate when the resolution committee recommended in the report of the Pyrite Panel will be established?

There is a need for cross-party support in respect of this Bill. I call on all Government Senators to support it. As already stated, it is just the first step on the road towards justice for the people whose homes have been affected by pyrite. These individuals have suffered enough stress and they should not be obliged to cope with the stress of fighting the system as well. The State should support them and ensure that remedial works are carried out to their properties now. Let us play the blame game after matters have been put to rights and these people's homes have been made fit to live in once more. Those to whom I refer should be the first priority and we can then identify the culprits who should ultimately pay the bill. The State should step up and do the right thing.

Ba mhaith liom dá dtabharfadh Seanadóirí an Rialtais tacaíocht iomlán don Bhille seo. Ní fheicim cén fáth nach ndéanfadh siad é sin. Tá an Bille ciallmhar agus féaráilte. Leis an gceart a thabhairt don Seanadóir O'Brien, thug sé neart rabhaidh go raibh sé chun teacht chun cinn leis an Bille seo. Níor tháinig sé aniar aduaidh ar an Rialtas agus ba chóir go dtabharfadh chuile duine iomlán tacaíochta dó.

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