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Dáil Éireann debate -
Thursday, 8 Oct 2015

Vol. 892 No. 2

Dublin Docklands Development Authority (Dissolution) Bill 2015: Second Stage (Resumed)

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

Deputy Costello is next and he has five minutes remaining.

I thought the Chair was giving me 24 minutes.

I welcome the Minister of State. The Dublin Docklands Development Authority (Dissolution) Bill is intended to transfer the functions and liabilities of the Dublin Docklands Development Authority to Dublin City Council. I went through in some detail my concerns about the activities of the DDDA and the need to put in place mechanisms to ensure that what happened before does not happen again.

What is needed in the first instance is to ensure that we get both social and economic regeneration. For close to 30 years since the Urban Renewal Act 1986 there has been regeneration in the docklands, but it has not improved the situation, livelihoods or quality of life of people in the Sheriff Street and North Wall areas. There are major problems in these areas, including anti-social behaviour, drug abuse, unemployment and a lack of educational attainment. The Bill is attempting to put in place an alternative structure for planning and development and we need to try to get it right this time. This is the last-chance saloon for the docklands area. We have no wish to end up with what is probably the most affluent part of the country cheek by jowl with one of the most deprived and neglected. For this reason, I am keen to see the Minister look more carefully at the mechanisms being put in place.

The Minister is proposing a consultative council to take on board the wishes and advice of the local community, councillors, businesses and educational establishments. My concern is that this is effectively a replica of the existing council. It is called a consultative forum and it is no more than a forum. It is likely to end up purely as a talking shop without anyone paying attention to any of its recommendations, something that happened before. I served my time on the council of the docklands for many years and I know how frustrating it was to make recommendations on how to ensure social regeneration went hand in glove and in parallel with the economic regeneration, but that never happened. Social regeneration was always put on the long finger. All the delivery was to take place in future. Unfortunately, by the time the Celtic tiger came to an end, the delivery had not taken place and we had no systematic social regeneration.

I propose that the Minister should take on board a suggestion to provide a new statutory oversight and implementation structure that would monitor and drive social and economic regeneration. This structure should be separate from Dublin City Council and NAMA but would liaise with them. It should have the function to ensure that targets are met and the body should have teeth to ensure that the project was driven and that no part of it was neglected, something that happened in the past. The body should ensure that all the commitments relate to local employment, apprenticeships and training and local housing. It seems to me local housing has already been undermined by the planning applications. I cannot for the life of me see where the social housing is going to materialise at the level intended. It seems to have been replaced by 950 units of student accommodation on the dock - that is not social housing and it should not be deemed so.

We need a body. Moreover, I believe we need a supremo or co-ordinator to ensure this happens. It needs a new structure. It is fine to have a broadly democratic structure representing certain stakeholder interests, such as the consultative forum. However, a consultative forum will not be in a position to ensure that we implement what is intended. That is where this legislation falls down. I do not care how the structure is formulated as long as it has teeth and it can deliver the goods for the people in the area as well as for the business people, developers and the rather wealthy residents coming into the area at present. We must ensure that happens.

I will finish on the note that the one critical element is to get an implementation strategy, but there is no implementation strategy under the current mechanism. While I have great time for Dublin City Council and NAMA and so on, the body must be outside those spheres. It must be independent while working in liaison with them. It should be answerable to the Minister and to the relevant Oireachtas committee. That is the way to do it. At issue are 23,000 jobs that are supposed to come on stream under this project. If this is not realised, we will back in the House in ten years' time lamenting how it was a pity that this or that was not done but by that time the whole area will be built on with office blocks and high-quality or expensive residential developments.

I would be pleased to put forward an amendment but I would prefer if the Minister of State re-examined the matter in light of the history and the failure to deliver adequately, as well as what we have seen in recent days, in particular, the failure by the Dublin Docklands Development Authority to properly conduct its own development at Longboat Quay, where there are so many flaws in standards. The complex is now a fire hazard for the residents. We do not know what else will come out of the woodwork. We need an independent supremo to hold those responsible accountable for achieving targets and delivering on both social and economic regeneration, something the docklands so badly needs.

I thank all the Deputies for their comments and contributions and for taking the time to speak on this important Bill. The Bill represents another important step in the ongoing development of the Dublin docklands area. It was interesting to hear the views of Deputies on the Bill in what was a wide-ranging debate that touched on many relevant issues. A number of issues were raised, which, while important for the docklands area and its residents, are not directly relevant to the Bill. In general, I believe Members have been fair and balanced in their remarks and it is clear that most Deputies seem willing to work with the Government in advancing this important legislation. I look forward to a detailed examination of many of the issues raised during Committee Stage.

The Bill is relatively short but, notwithstanding its length, it is important. It will allow the Government to move forward on the dissolution of the Dublin Docklands Development Authority and the transfer of its functions to Dublin City Council. This will allow for the future development of the docklands area in partnership and collaboration with local stakeholders through the consultative forum.

The Government remains fully committed to the ongoing development of the docklands area and to ensuring that the good work done by the authority in the past is built on in future with a new approach and strategy for the further development and enhancement of the area. This is why the Government decided Dublin City Council is best placed to continue the docklands project. The development of docklands in the future will, therefore, be part of the integrated forward planning of Dublin city as a whole within the remit of the city council. It will also ensure a single authority to deal with all issues in the Dublin City Council area.

The commitment to continue to provide appropriate fast-track planning has been delivered through the establishment of the strategic development zone for the docklands area.

The local community and the business sector will continue to be involved in the development of the area, particularly through their involvement in the consultative forum. By maintaining and enhancing the docklands brand, the area will continue to be an attractive and prime location for investment and high-value development.

While the major focus of the Bill is the administrative arrangements for the dissolution of the authority and the transfer of its functions to Dublin City Council, it would be remiss of me not to mention the situation in Longboat Quay, an issue which was raised by a number of Deputies. The issues which have emerged are a matter for the authority, the receiver to the developer, the residents and the management company, as well as Dublin Fire Brigade, to resolve collaboratively. However, I acknowledge the anxiety and upset that the owners and residents must be feeling since this ordeal first raised its head some time ago and it became apparent that their personal safety and that of their homes was in question.

My colleague, the Minister, Deputy Kelly, met representatives of the management committee this week and listened to their concerns. I understand all parties are now actively engaging to find a resolution to the situation that has arisen. I understand that the Dublin Fire Brigade, in its capacity as a fire authority, has been proactively engaging with the DDDA, the receiver to the developer, the residents and the management company for several months in an effort to resolve a number of problems that have been identified regarding the fire safety arrangements at the development. To date, engagement has failed to achieve a satisfactory resolution to the problems at Longboat Quay. The Dublin Fire Brigade has now served an enforcement notice requiring remedial works to be carried out. However, I understand there is no question of an evacuation order being sought by the Dublin Fire Brigade.

I wish to address some issues raised by Deputies during the debate. With regard to community gain, I welcome contributions from a number of Deputies. I acknowledge that while these issues are not dealt with specifically in the Bill, they are a matter of interest for the community of the docklands area. The DDDA Act 1997, which set up the authority, provided mechanisms for community gain through the Docklands Council, the Docklands Housing Trust and the Docklands Community Trust. The trust was intended to be funded incrementally from gains generated by the authority and the income derived from those funds was to be diverted to community gain.

The fund currently has cash assets of €1.3 million, which have been used over the years for community gain, mainly in the domain of higher education grants for students from the docklands who might otherwise not have been in a position to pursue their objectives. In recognition of the prudential oversight and management of funds for the benefit of the docklands community, it is proposed that, prior to its dissolution, the authority will top up the assets of the trust so that it leaves a sustainable legacy which will contribute to the ongoing social regeneration of the area. This top-up will be subject to the financial position of the authority on dissolution.

I appreciate the issues highlighted by Deputy O'Sullivan regarding legacy planning, particularly her concerns about section 25 certificates. The Bill will bring certainty to the planning framework for the docklands area. It provides for a clean break from the existing fast-track planning procedures under section 25 of the 1997 Act. Under the provisions of the Bill, Dublin City Council, through the operation of the SDZ, will guide the future development of key areas within the docklands area and ensure that the SDZ is managed in a manner that guarantees it will be a contributory component of the development of the city as a single entity.

Areas of the docklands that are not covered by the SDZ will be subject to the normal planning system under the auspices of Dublin City Council. The current procedure whereby, under section 25 of the 1997 Act, the DDDA issues consent for development in the form of section 25 certificates will cease. Certificates which have been issued but in respect of which substantial works have not commenced will cease to be valid on dissolution day. My officials have established that there are very few outstanding incomplete section 25 certificates. Where substantial works have commenced but the development has not been completed, the holder of the certificate will have a two-year window to complete the development. This period can be extended in certain exceptional circumstances by a further period of up to three years to allow the completion of the development.

I refer to the issue raised by Deputy Costello. If I am correct, I understand he called for a implementation strategy with some type of independent body to drive delivery and ensure there is a social dividend, and for it to report directly to the Minister. As he knows, the Bill as it is currently written puts responsibility on the elected council. This is something we can engage with further on Committee Stage. There is nothing to stop the council from establishing a sub-committee to monitor progress, set targets and ensure delivery in the areas about which the Deputy spoke. That, in turn, should report back to the plenary of Dublin City Council. I would be happy if the Deputy wished to make a proposal. My officials and I will examine it closely, but the Bill as currently written will require all of the actions of the DDDA to transfer to Dublin City Council as one entity, and it is intended that this be done in as efficient a way as possible.

Some Deputies spoke about job creation. I am aware, through their contributions, that it is a very topical and important issue. Recent job creation in the docklands has mainly involved the technology, financial services and entertainment sectors. The future regeneration of the docklands is estimated to attract €2 billion in construction alone, and I acknowledge that there have been suggestions that construction jobs during the next phase might be ring-fenced for residents of the docklands. We can see that this is not possible. However, the city council's docklands office has developed a partnership arrangement with the local employment service with regard to maximising local labour during the construction phase, which should be welcomed.

Dublin City Council's commitment to the docklands can be seen in its formation of a dedicated docklands unit, and one of its primary drivers in the coming years will be the creation of sustainable jobs across a diverse range of skill sets and the growth of the docklands economy in an integrated manner. The area is already a magnet for major international technology companies, attracting high incomes into the market, and is becoming a major entertainment hub, with a number of international-class theatres and conference facilities. In developing the SDZ, the successor to the DDDA fast-track planning arrangements, it has been estimated that the remaining development of the docklands will yield more than 23,000 additional jobs for the area, which, when added to the 40,000 currently employed there, will make the district a hive of economic activity in the heart of our capital city.

Deputy O'Sullivan referred to the experience of the Grangegorman development agency in facilitating local employment. I will ask the docklands unit in Dublin City Council to examine it to see if any useful lessons can be carried forward to the future development of the docklands area. That also ties in with some of the very pertinent issues raised by Deputy Costello. We will ask the Dublin docklands unit within the council to examine some of the areas of concern he has raised. He has represented the area for many years and his views have to be respected.

Deputies Costello and O'Sullivan raised a welcome issue, namely, the preservation of the heritage of the docklands. In recent times we have become more aware of the need to preserve our heritage and share the resources of our past with future generations. Heritage is a key attraction for foreign visitors who revel in our unique sports, music, dance and other forms of expression. The docklands has a rich legacy of such accomplishments, as well as a wealth of resources from its maritime, industrial and trading past. The future development of the docklands presents us with a great opportunity to gather, preserve and present these diverse strands of our shared experience with visitor and citizen alike.

The need to preserve and promote the heritage of the docklands area has been a permeating theme during public consultations on the SDZ plan and the city council's docklands community and social infrastructure audit. As Deputies are probably aware, the theme recently re-emerged during the authority's appearance at the Committee of Public Accounts, and a commitment was given to meet local stakeholders. Subsequently, NAMA, Dublin Port, Waterways Ireland and various members of the community met to discuss how best to progress the development of a docklands heritage trail. I understand Dublin City Council's heritage office will shortly conduct an audit of the area's heritage and will make recommendations that will lead to a number of deliverables, including looped walks, associated heritage signage infrastructure, mobile app development, exhibition material and an integrated docklands heritage and tourism strategy, all of which is to be welcomed. I also understand that the authority has agreed to allocate up to €25,000 to conduct this audit.

Besides the obvious commercial opportunity and allied job creation potential of the project, its most important manifestation will be the preservation of the treasures of the past from a rich hinterland of the old city. I join Deputies in their concerns about guarding this heritage, and I assure them its preservation was a key component in moving the legislation. From an industrial and docklands heritage point of view, it is important we acknowledge the generations who worked to keep the area viable. It behoves us as the generation taking on the mantle that we remember them in an appropriate way. The measures and actions we are taking can certainly go a long way to doing this.

Deputy Costello quite rightly raised his concerns about the need for ongoing community representation. The Bill provides for the establishment of a consultative forum on a statutory basis and the DDDA council will cease to exist on dissolution. It is important that there is a single authority to deal with all of the issues in the area. The forum will be similarly structured to the council and will have representatives of the local community, business community, public authorities with a remit in the area and the educational sector. It will allow for input from interested parties in the docklands regarding future development in the area by Dublin City Council. I understand the point made by the Deputy. It is all very fine to have forums and consultative elements, but we need mechanisms to ensure the objectives of the plan are delivered. I will ask Dublin City Council to ensure, whether through a sub-committee or a mechanism within the council, clear progress is shown in the areas of concern outlined by the Deputy. This can possibly be addressed within the current structure of the Bill and is something for which I will call.

With regard to the review of fire safety arrangements in developments where concerns have arisen, I must put on public record that, unfortunately, we are seeing further legacies of substandard and defective work. Much debate has taken place in the House in recent days about the Celtic tiger years and the building boom. Unfortunately, legacy issues of a very bad nature are affecting citizens, and we have seen it in Longboat Quay. It is quite likely other developments are also affected. In the interests of supporting owners and residents living in developments where concerns regarding non-compliance with fire safety requirements arise, the Department has announced a review will be undertaken by an independent fire safety expert to develop a framework for general application in such situations. The review will have regard to the typical risk profile faced by residents, their visitors and fire service personnel in and about apartment developments and housing estates. It will take account of normal hazards and relevant safety management arrangements as well as typical passive and active safety features. It will outline general advice and guidance which can be used by owners and residents and their professional advisers to ensure an adequate level of safety is in place for persons in and about their residence. The review will be overseen by a steering group, and I understand its first meeting has taken place. I expect the group to submit a report by the end of January 2016 at the latest.

I will bring forward a number of minor technical amendments to the Bill on Committee Stage. Unfortunately, I cannot address every point raised by Deputies, but the floor of the Dáil is the place to raise concerns, and many concerns were raised about fire safety, building defects and technical aspects of building control. It is unfortunate that we must again deal with the problems of the past. I am happy to say the Government acted almost immediately by bringing in new building regulations in 2012 to ensure proper oversight and inspection of properties, buildings and developments is carried out by professionals with regard to large-scale developments. As we see the economy recover, it is my intention in my area of responsibility in the Department to try to enhance the building control and inspection departments of local authorities. We have already added substantial staff in the planning and housing sections in local authorities and we are moving towards enhancing the building control and inspection departments, so we will have independent inspection of many of these developments. We will not be able to inspect all of them all of the time, but we need to build up this resource to ensure we have a robust construction sector which has credibility and confidence. We need to learn from the mistakes of the past. Listening to the various contributions on building controls in this country, many mistakes have been made. In the interests of our citizens and society in general, it behoves all of us as public representatives, irrespective of party, to work towards a robust system in which there is confidence.

I again thank Deputies for their contributions. This is a very important Bill. I am confident it represents completion of the project to transform the docklands area into the dynamic hub we have seen emerging during this Administration's period in office. I thank the House and the Deputies for their consideration of the Bill.

Question put and agreed to.
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