Seanad debates

Wednesday, 13 July 2022

Remediation of Dwellings Damaged By the Use of Defective Concrete Blocks Bill 2022: Committee Stage

 

10:00 am

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

I have not purposely compared the pyrite remediation scheme for the east coast and this Bill. They are very different schemes. There are additional items in this scheme, particularly in respect of second properties, second grant options registered with the Residential Tenancies Board, RTB, increased costs and grant amounts. It is therefore a substantially better scheme than the east coast scheme.

I did talk on Second Stage, however, about the issue we had with multi-unit developments, being apartments, and the need to return to consideration of them. We will do apartments; we just have to find a mechanism to do them. There is the question as to how they might be included under this scheme. There are complex ownership and owners' management company issues. We will work on that to make sure that a smaller number of apartments are excluded.

I have included separate schemes for approved housing bodies and for social housing, so we will do them too. People said at the start of this process that they would not be included, but they will be.

As for exceptional circumstances, I will give similar consideration to this clause, which might apply to the example Senators Blaney and Boylan and others have raised with me of a terraced house between two other houses being done. There were some difficulties under the east coast scheme, to which reference has been made, with getting the middle terraced house done if it did not reach the damage threshold. The exceptional circumstances clause, which is very straight in the operation of that scheme, has not been applied as often as it should have been. I want to make sure that whatever exceptional circumstance clause we have in this Bill is done appropriately. I am not sure how au faitthe Senator who proposes amendment No. 36 is with the infill scheme and its operation, but exceptional circumstances did not apply. Even in respect of the appeals process, not one appeal was granted under exceptional circumstances. That is not a situation I want just by tying something into legislation to say "job done". That is not job done. I want to make sure we have something that actually operates.

The seven-week timeframe, I say respectfully to Senator Moynihan, is not realistic. We will not have this done within seven weeks. I will attempt to have that done through the regulations and as the scheme moves on. I intend to include multi-unit developments, that is, duplexes and apartments, and I will include the issue of exceptional circumstances. It is not as simple as putting a seven-week timeframe into the Bill and, as a result, getting this done. We want to be realistic in our approach. I want to do that and we will do it. Some issues have to be worked through. In that context, I cannot accept either amendment.

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