Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

81. To ask the Minister for Housing, Planning, and Local Government the action he plans to take to address the fact that the Pyrite Resolution Board has not heard appeals regarding persons who have presented cases outlining the way in which they did not and could not have known of the presence of pyrite in advance of purchasing their homes. [46920/18]

Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

109. To ask the Minister for Housing, Planning, and Local Government the steps he will take to accommodate appeals to the Pyrite Resolution Board by persons whose attention was not drawn to the presence of pyrite in advance of purchasing their homes; and if he will review the relevant legislation in this regard. [47153/18]

Damien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 81 and 109 together.

The provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency. The is a scheme of “last resort” and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website, .

The Act also sets out the broad parameters which the Board must have regard to when establishing the eligibility criteria for the pyrite remediation scheme.

The restriction in Section 15(3) of the Act preventing applications being made under the scheme by a person who purchases a dwelling on or after 12 December 2013 (the publication date of the Bill) applies where that person knew or ought to have known that the dwelling was constructed using hardcore containing reactive pyrite.

Following a number of requests for clarification in the matter, my Department sought legal advice from the Office of the Attorney General on the Board’s interpretation of Section 15(3). It is my Department’s view, informed by the legal advice received on the matter, that Section 15(3) does not represent a blanket exclusion preventing applications being made under the scheme by a person who purchases a dwelling on or after 12 December 2013 and that it is a matter for the Board to determine based on facts and evidence in each individual case whether an applicant is or is not entitled to apply for inclusion into the Pyrite Remediation Scheme.

The Board was notified of the Department’s view in the matter. However, it is important to note that in accordance with the provisions of the Act, the Board is independent in the performance of its functions, and as Minister, I have no role in the operational matters (including appeals) relating to the implementation of the scheme. The Board may be contacted directly by phone at Locall 1890 252842 or by email to info@pyriteboard.ie or alternatively at oireachtasinfo@pyriteboard.ie.