Seanad debates

Monday, 16 December 2013

Pyrite Resolution Bill 2013: Second Stage

 

8:30 pm

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

I welcome the Minister to the House. Like my colleagues, I, too, welcome this legislation. I intend only to echo many of the points made, although not in detail. It is important that this step is being taken. As stated by other Senators, it is one of the early chapters of a story that will be ongoing. We are all aware of the significance of the home in the human consciousness and of the terrible disappointment and inconvenience that people have suffered because of damage to their homes. I accept that the quarries may not have been aware of the presence of pyrite in infill. However, that others might be partially responsible through negligence and so on is disquieting. This can partly be seen as one of the legacy issues of an era when there was insufficient, inadequate or proper respect for people. This was evident in the lack of proper regulation in the construction industry.

I recall almost a decade ago when helping a friend who was running in the local elections in a Dublin suburb seeing for the first time the appallingly poor quality of development and lack of respect for people's needs in terms of the manner in which houses were designed and thrown together. There was no due regard to proper standards. This issue, although broader, can be linked in with that. Families in north Dublin, Louth, Meath, parts of Offaly and Galway have been affected by this issue. I echo the remarks by Senators O'Brien and Burke that what has to be done to resolve this problem is going to cost the taxpayer. It would be desirable that the construction industry, although on its knees, and the insurance industry, which is not, would play their part and contribute their fair share. I would be very supportive of any mechanism by which this could be achieved. It is a key value that what be done here be done at minimum cost to the taxpayer.

Another key value is solidarity with people and the homeowners who have been so badly affected. In this regard, perhaps the Minister will say if there is any good or principled reason to deny access to the scheme by people who not so such mitigated their loss but did take steps to improve their situation and who may now be at a significant financial disadvantage or much deeper in debt, because they were in a position to, or made sacrifices to, improve their situation prior to this scheme being put in place? Is it not wrong in principle and from the point of view of public policy not to engage with such parties and to allow them access to the scheme? The Minister said earlier that the scheme is not a compensation scheme, which I understand. Is there not an injustice in denying people who were in a position and did take steps to remediate their homes access to the scheme?

I am also concerned about the position of people who identify problems in the future. The Minister earlier quoted Mr. Justice Charleton who said: "It is not yet reasonable to remove the infill..... solely because of the high sulphur content of the infill." What will happen in the future? Presumably when a heave actually takes place people will be in a position to access support under the pyrite resolution scheme. That is an important principle. Comparisons are invidious but other groups - this issue has arisen previously, including in respect of former residents of the Bethany Home - in similar situations do not, and understandably so, see the justice of their being excluded from redress.

While comparisons are invidious, it seems a similar issue can apply with people who might emerge in the future. I am not assuming for a moment that it is not the Minister's intention. I understand this is the first step of an unfolding story, which is obviously of grave concern to the Government and the taxpayer. Whereas we fully welcome the Bill, there is a degree of uncertainty as we face into the eventual resolution of the problem. I will be supporting the legislation and I thank the Minister for it.

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