Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Environment, Community and Local Government if there has been any interim update from the stakeholders including the CIF, IIF, IBF, ICF and HomeBond in relation to the recommendations contained in the Pyrite Panel's Report; and if he will make a statement on the matter. [41155/12]

Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Environment, Community and Local Government in view of his commitment that if stakeholders do not provide a solution in the context of the recommendations of the Report of the Pyrite Panel that he will impose a solution on the industry in the form of a levy, if he has finalised the process of imposing this levy that is has the necessary legislation regarding the imposition of a levy been developed; if he will provide upfront funding to any proposed remediation scheme to reflect the States failings in the matter, regarding the lack of regulation of quarries and the failure of local authorities to enforce building regulations; and if he will make a statement on the matter. [41156/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 128 and 129 together.

Following receipt of the pyrite report, I met with the key stakeholders in the context of making progress on the recommendations in the report dealing with engagement by them in processes that would lead to solutions for homeowners affected by pyrite. Mindful of the very difficult situations faced by affected homeowners and the time that they have waited for a resolution to the pyrite problem, I set a tight deadline of the end of September for the stakeholders to come back to me with their proposals. I recently wrote to them reaffirming the position I outlined in my discussions with them.

In its report, the Pyrite Panel clearly states that it did not believe the State responsible for the pyrite problem and consequently did not consider that it should be expected to bear the costs of remediation. The basis for this conclusion is dealt with in some detail in the report, including a comparison with the regulations for hardcore in other jurisdictions . The Panel concluded that , prior to the identification of pyritic heave in Ireland, the Building Regulations in Ireland compared favourably with those in the UK and in other jurisdiction s and were reflective of the knowledge and experience at that time in Ireland.

Part D (Materials and Workmanship) of the second schedule to the Building Regulations required that all works be carried out with proper materials and which are “ fit for the use for which they are intended and for the conditions in which they are to be used ”. Technical Guidance Documents (TGD) provide guidance on how compliance with the Building Regulations can be achieved in practice and TGD C provides general guidance on hardcore. Prior to the emergence of the pyrite problem 2007 it required the hardcore to be “ clean and free from matter liable to cause damage to the concrete ”. It was the Panel’s view that it was unreasonable to expect the unprecedented nature of pyrite in hardcore to be identified during routine inspections by building control officers.

The report is also clear in terms of who it believed should be responsible for the cost of remediation. As I have stated on a number of occasions , my preferred approach to achieve solution s for homeowners is for the responsible parties to work with me to agree a voluntary process. However, in the absence of industry coming forward with a viable process, I will seek Government agreement to an imposed solution as envisaged in the pyrite report. Recommendation 14 in the report recommends the establishment of a Resolution Board and the suggested mechanism for the funding of this Board is a levy on the construction/quarrying sector and related insurance sector.

Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Environment, Community and Local Government if he will ensure that all homes containing reactive pyrite be systematically remediated; the steps that have been taken to ensure that mortgage providers and insurers are not blacklisting pyrite remediated developments; and if he will make a statement on the matter. [41157/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I believe the approach recommended by the Pyrite Panel to categorise dwellings provides a practical solution to prioritise the remediation of affected dwellings. I agree with the approach recommended in the pyrite report that it would be unreasonable to expect dwellings not exhibiting damage to be remediated simply because there is pyrite in the hardcore and this position is supported in the High Court judgement of Mr Justice Charleton in the case of JEC-v-Irish Asphalt, on appeal to the Supreme Court.

The pyrite report contains a number of carefully considered and well founded recommendations on how banks/mortgage providers and insurance companies should deal with the pyrite problem. While my Department has no regulatory oversight for those areas it will be working with the appropriate regulatory bodies and industry to advance the relevant recommendations in the pyrite report.

I expect all stakeholders, including the banks, mortgage providers and insurance companies, who have a role to play in advancing solutions for homeowners , to face up to their responsibilities and work with me in implementing the recommendations in the pyrite report.

Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Environment, Community and Local Government if he has fully accepted recommendation No. 13 in the Pyrite Panel's report that states that pyrite homes be exempt from the property tax until such times as those homes are remediated; the steps he has taken to ensure that these exemptions are granted; and if he will make a statement on the matter. [41158/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I refer to the reply to Question Number 1068 of 18 September 2012 which sets out the position in relation to this matter.

Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Environment, Community and Local Government if he will provide an update in relation to the National Standards Authority of Ireland examination of pyrite testing standards, development of method statement for remediation, certification of pyrite homes and the development of specifications for hardcore material; and if he will make a statement on the matter. [41159/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I have asked the National Standards Authority of Ireland (NSAI) to develop the following:

- a testing and categorisation protocol for reactive pyrite in sub-floor hardcore material;

- a method statement to provide guidance for the remediation of pyrite damaged dwellings; and

- a specification for hardcore for use under concrete floors and footpaths and to undertake a review of the guidance in Standard Recommendation 21.

Work has already commenced on the testing and categorisation protocol and the method statement. The NSAI has set up two broad based Technical Standards Committees and has also sought written submissions from the public. I understand that the NSAI intends to publish drafts of the documents for public consultation. The NSAI is aware of the timeframe which the Pyrite Panel suggested for the completion of this work and it is also aware of the urgency I am attaching to it.