Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I do not propose to accept amendment No. 3. Clear and enforceable fire safety requirements are already set out appropriately in primary legislation, including in the Building Control Acts, the Fire Services Acts, the Planning and Development Acts and the Multi-Unit Developments Act. Restatement of statutory obligations that apply generally under existing law in new legislation prepared for a specific and limited purpose, such as the dissolution of the DDDA, is unnecessary and serves no additional purpose. In fact, depending on drafting and interpretation issues, restatement may also inadvertently weaken the application and enforceability of existing requirements.

Furthermore, there are perhaps unforeseen and unintended, but potentially critical, consequences arising from the provision of planning related fire safety requirements, such as road access for fire brigades and proximity to water mains and hydrants. As a consequence, non-planning related, but more likely fire safety breaches, such as construction not being in accordance with the fire safety certificate, defective fire compartmentalisation in buildings, fire stopping around building services, inadequate fire detection systems in building units and inadequate emergency access and evacuation provision in building units, would, unfortunately, be excluded. For these reasons I am opposing amendment No. 3.