Darragh O'Brien (Fianna Fail)
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Cuirim fáilte roimh an Aire Stáit go dtí an Seanad agus comhghairdeas freisin. I wish him all the best in his new role. I am delighted for him and am certain he will acquit himself well. I thank him for attending, as my Adjournment motion relates to the Department of the Environment, Community and Local Government, in which he has responsibility for housing, planning and co-ordination. Although he must still read himself into his brief, I urge him to pay specific attention to the pyrite issue.

As many of my colleagues know, the first legislation on pyrite was produced by me in the Seanad. It is a major issue. I broadly welcomed the establishment of the Pyrite Resolution Board, but it and the Minister need to report on the progress of the remediation scheme. Some home owners have applied for remediation but have not had their applications approved yet. In many instances, this seems to be the case because the builders who built their homes are still trading and-or the builder or home owner is involved in litigation. Unfortunately, a number of people from the Lusk village action group and the Lusk pyrite action group could not be present for this debate because the scheduling of additional business left us unsure, but they are watching online. They have done a ferocious amount of work and have been involved since the start. The north Dublin area has been particularly hit by the scourge of pyrite.

Will the Minister of State look into the concern that I am about to raise? In respect of the home owners in question in Lusk village and an estate in Donabate in north County Dublin, the resolution board is taking a long time - "stalling" would be the wrong word - to confirm whether their houses will be remediated because the builders are trading or may be taking legal action against quarries or other parties.

I debated the board's establishment with the former Minister, Deputy Hogan, and met the board during its briefings in the Custom House. Colleagues such as Deputy Clare Daly and I were assured that the State reserved the right to pursue builders or those it felt were at fault for some or all of the costs. I agree with that approach, but it does not have to be done before the applications are approved.

In the case of Lusk village, the board is considering compliance with eligibility requirements, including the availability of other practicable options. I have no issue with that, but I do not want hundreds of home owners whose houses comply with the requirements - those requirements are not perfect, but they are a start - left to the end because we are waiting for the result of legal cases. When I put these points to the then Minister, I was assured that it would not be the case. I fully support the State's right to pursue those who were negligent or at fault to recoup those funds. I do not want home owners in Lusk village to be left dealing with the estate's builder, whom they claim has not been co-operative with the process in any way, shape or form.

One of the reasons we are in this situation is because HomeBond refused to pay to remediate these homes, yet we learned recently that the pyrite board had entered into a partnership and concluded a contract with HomeBond for project management services to remediate affected homes. This is difficult for us and the home owners to take.

Will the Department seek confirmation from the Pyrite Resolution Board that, where the State is recouping costs, home owners' in-fill will be removed and their houses remediated regardless of whether the relevant builders are still trading or legal actions are pending?

Paudie Coffey (Waterford, Fine Gael)
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I thank the Senator for his kind comments. I spent over four years in the Seanad with many colleagues. They were very good years.

I thank the Senator for raising this matter which I am taking on behalf of the Minister, Deputy Alan Kelly, and providing me with an opportunity to report on the progress made to date by the Pyrite Resolution Board in addressing this very difficult problem. The board, with the support of the Housing Agency, is tasked with implementing the pyrite remediation scheme in accordance with the provisions of the Pyrite Resolution Act 2013. The scheme was published in February this year and the board commenced accepting applications from affected homeowners on 26 February. The scheme is reflective of the conclusions and recommendations made in the report of the independent pyrite panel and a scheme of last resort. It applies only to dwellings affected by significant damage attributable to pyritic heave and where the applicant has no practicable option other than to secure, under the scheme, the remediation of the dwelling. To date, the board has received approximately 520 completed applications which include multiple applications from 26 developments and 47 single site applications in respect of one-off builds and single applications from larger developments.

The process of approval involves a number of stages, including validation by the board of applications against the relevant eligibility criteria and an assessment, verification and recommendation process undertaken by the Housing Agency. Approximately 206 applications have been validated by the board and forwarded to the Housing Agency for the assessment, verification and recommendation process and, of these, 52 have been approved for inclusion in the scheme and the applicants notified accordingly. The assessment and verification process involves confirmation that the damage recorded in the building condition assessment in respect of a dwelling is attributable to pyritic heave. This stage may involve testing of the hard core material. While no contracts have been awarded as yet, I understand the Housing Agency is close to awarding the first remediation works contract and it is intended that this phase of the process - the awarding of contracts and the commencement of remediation works - will gather momentum in the coming months.

In line with the provisions of the Pyrite Resolution Act, the board must satisfy itself that applicants under the scheme have taken all reasonable and appropriate steps to seek to have those parties who have a responsibility to remediate their dwellings to pay the cost of remediation. In this context, the board is in discussions with a number of builders or their representatives with a view to securing funds from these sources for remediation works. However, it is not the board's policy to exclude applicants from the scheme solely because the builder is still trading or to unduly delay the remediation works in such cases. Each application will be considered by the board on its own merits and having regard to the eligibility criteria of the scheme. I am satisfied that the board will adopt a balanced approach in dealing with applicants in these circumstances, but it must also be recognised that it is incumbent on it to explore all possible avenues to ensure any funding that can be acquired for remediation purposes is secured for this purpose.

I fully support the approach being pursued by the board and look forward to continuing progress in providing solutions for affected homeowners.

Darragh O'Brien (Fianna Fail)
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I thank the Minister of State for the response. I am due to meet representatives of the Pyrite Remediation Board tomorrow in Leinster House with residents from Lusk village and my colleague, Deputy Clare Daly. The response is very similar to the one we are getting from the board. Following the meeting tomorrow, in the coming months or September when the Dáil and the Seanad are back in session, it would be useful if the Minister of State and the Minister committed to meeting affected residents to hear their stories. This is a new process and I always knew there would be bumps on the road. However, it is our job to iron them out. Perhaps after the meeting with representatives of the Pyrite Remediation Board tomorrow, the Minister of State might commit to meeting me and my colleagues in the next six to eight weeks. Everyone wants to have the problem solved. It is the right thing to do. I am happy that the Minister of State has said it is not the board's policy to exclude applicants because the builder is still trading. While I understand this, it is not what we are hearing. We need to have the matter clarified.

Paudie Coffey (Waterford, Fine Gael)
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I understand these are very genuine concerns and they affect many public representatives of all political persuasions and none. The Senator, rightly, raises them on the floor of the Seanad. I wish him well in his meeting tomorrow with representatives of the Pyrite Remediation Board. I certainly would have no problem in meeting a delegation at some time if progress was not being made. A meeting can be arranged and I am certainly open to meeting a delegation.