Seanad debates

Thursday, 10 April 2014

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

 

Question again proposed: "That the Bill be now read a Second Time."

12:30 pm

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I thank the Minister for being here. I acknowledge, as I have done previously, the progress that has been made in the establishment of the Pyrite Remediation Board since I published my Bill two years ago. I believe there is still an issue regarding amending the Statute of Limitations. One of the recommendations in the report the Department of the Environment, Community and Local Government commissioned was to amend the Statute of Limitations so that it would start from the day a householder received a confirmed test and reading that his or her home was affected by pyrite.

I have raised this with the Pyrite Remediation Board at meetings in the Custom House. While I commend what the board is doing, I believe this would add to the process and would certainly give more protection for those who have not yet sought to take a legal case, in many instances because they cannot afford it. For them the Statute of Limitations could run out and the purpose of the Bill is to amend the Statute of Limitations in this instance, so that the clock would start from the date of a confirmed pyrite test.

I hope the Minister will accept the Bill and allow it to pass Second Stage. I do not claim it is perfect, but allowing it to go to Committee Stage would assist in the process. Will the Minister be in a position to respond at the end of this debate?

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I believe it would be helpful to let it pass Second Stage. There may be some imperfections that can be addressed on Committee Stage. This is one additional element on top of the work that has been done by the Minister and the Pyrite Remediation Board to allow further protection for people whose homes have been badly damaged by pyritic heave. The problem gets worse the longer the issue is left not addressed. Some people may not be aware that they have pyrite at this stage.

I recommend that the Minister would accept the Bill on Second Stage. I am in constant contact with the PRB. Perhaps the Department could publish a statement outlining the progress in processing the applications received by the board.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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On a point of information, we publish a report every three months.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I understand. That means one is due pretty soon.

Question put.

The Seanad divided by electronic means.

12:40 pm

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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On the day that is in it, in order to observe for one last time that expression of disgust, I call a walk-through vote in honour of Jody and under Standing Order 62(3)(b) I request that the division be taken again other than by electronic means.

Photo of David NorrisDavid Norris (Independent)
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A walk past in tribute to Jody.

Question put:

The Seanad divided: Tá, 17; Níl, 20.

Tellers: Tá, Senators Paschal Mooney and Diarmuid Wilson; Níl, Senators Ivana Bacik and Paul Coghlan.

Question declared lost.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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When is it proposed to sit again?

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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At 2.30 p.m. on Tuesday, 15 April 2014.