Seanad debates

Monday, 16 December 2013

Pyrite Resolution Bill 2013: Second Stage

 

8:10 pm

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail) | Oireachtas source

I welcome the Minister and this Bill. I know how much work he and his officials have done on the pyrite issue. From time to time, I have criticised the Government on various issues, but I must commend the Minister's commitment in this instance. It is also appropriate that I mention our late colleague, the former Minister of State, Shane McEntee, who is unfortunately no longer with us. His area and mine were badly affected. From speaking with him, I know that he did a lot of work on the issue. On the day that this Bill is introduced, it is important that the former Minister of State and Deputy, Shane McEntee, be mentioned and that his work be acknowledged.

The Bill is a major step forward. I will comment on it and, like the Minister, I will table some amendments tomorrow. I have visited more than 100 homes in the north Dublin area that are badly affected by pyrite. It is a scourge on those families and home owners, many of whom have paid substantial sums for houses that are now worthless. At least this is a light at the end of the tunnel and a roadmap forward. I hope that the Minister will consider the amendments that I will table on behalf of my group in the good faith that they will be meant.

I have a few concerns that I wish to put to the Minister. Early last year, I published the Home Remediation Bill on pyrite. I am concerned that we have understated the problem and I note that the Minister mentioned that in his speech. I would hope that he will keep the situation under active review and I take it that he has commissioned a number of independent reports. In the town of Lusk alone, we are talking about remediating nearly 850 houses and, in the first round, 1,000 have been badly damaged.

While the Minister has the red, amber and green approach to remediating those houses that display a severe level of pyrite, the problem is progressive in the sense that the situation gets worse the longer it remains untreated. The Minister has rolled out this scheme on the basis of starting in 2014 with a fund of €10 million but is there a multi-annual fund? Is it €10 million each year for three years or does the Minister have to revert to Cabinet to seek additional funding?

I agree with the Minister it is regrettable that some of those who were responsible for this problem, and some of the insurers as well - I will not mention the one in particular, but the Minister knows of it - have effectively washed their hands of this matter. That is why I welcome the Minister's opening statement that the State will seek redress from them. There are cases before the courts that will show us what we need to do after that.

Taking the category 2 damages as being the worst affected, where does the Minister see that moving towards? Must people who have over 1% of pyrite in their houses or apartments, reapply to the board as their accommodation gets worse? Some people who live in pyrite estates are worried and have major issues with insurance companies. They include even those who have borrowed money to fix their houses. I have received numerous e-mails from constituents who sought feedback in advance of this debate. They may have fixed their houses already but cannot get insurance on their homes.

These insurance companies need to be brought back in by the Minister through the pyrite resolution board because these houses have been recertified as sound. In such instances, there is still a big cloud hanging over those estates and dwellings because they cannot get further insurance cover.

The Minister should also consider those who have already paid to fix their dwellings. Most of them have borrowed the money, but there is no element of retrospection in the proposed legislation, which is unfair. I ask the Minister to re-examine that matter. Some people have paid up to €6,000 for a pyrite test, which must go to the UK to be verified. They have also borrowed and remortgaged to fix their dwellings but have no recourse through the scheme. The State should allow such expenses to be written off against future tax liabilities, be they PAYE, self-employed or proprietary directors. The Minister could also examine VAT rebates in such cases at the very least. The Minister should re-examine the issue because some people have become further indebted due to this situation.

The Minister said he has excluded commercial and community facilities but community facilities in Dublin and the north east have been affected by pyrite, so there is a major problem there. I have been contacted by one Irish company that paid €10 million for its premises in 2005 but it is now worthless. The insurance company will not pay and the business concerned does not have the money to remediate the premises. That company employs 70 people, so these are real situations.

The Minister said that he will allow people to apply within the scheme and there may be exceptions, but he has specifically mentioned the commercial sector. There is a valid reason for that but here is a company where 70 jobs are threatened. I will forward the details to the Minister and his officials.

I would be interested to hear how the Minister sees the scheme moving forward. He has stepped into the breach and I personally think he has done a good job in bringing it this far. There have been some delays but, unfortunately, people cannot wait. It would have been preferable to make the insurance companies pay. Some houses and apartments are dangerous due to underground services, including gas and electricity, where floors are rising and doors cannot be opened or closed. These are serious safety problems.

Most individuals who have pyrite in their houses are experts, as they have researched the matter. They know the situation will get worse. Those on the red card can apply to get it done immediately but the Minister should give a commitment to those coming down the tracks in the next year or two as their houses deteriorate. The Minister should reconsider the houses he has not classified but which require immediate work. It will be more expensive to fix them when they deteriorate, including such problems as cracked tiles and dislocated cabinets.

I have tabled a number of amendments for Committee Stage tomorrow to deal with these items in more detail. I have discussed the issue with the Minister personally and I am trying to be helpful with regard to this Bill. We will be supporting this legislation. Tomorrow, however, I wish to discuss specific amendments dealing with retrospection and a review. It is important that the Oireachtas should review the scheme regularly.

When the Minister publishes his guidelines on how the scheme will operate, I note he will lay them before the Oireachtas. Can he give a commitment to set some time aside to examine the criteria for applying under the scheme? Regardless of party affiliations, we can see how people have had to live with the scourge of pyrite in recent years. It affects family life, including finances and insurance, and is all encompassing. The Bill goes a good way to meeting the problem but we can build on it further.

I look forward to engaging on it with the Minister tomorrow on Committee and Remaining Stages.

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