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Dáil Éireann debate -
Thursday, 14 Feb 1991

Vol. 405 No. 2

Adjournment Debate. - Sligo Local Authority Houses Project.

First, I want to thank the Ceann Comhairle for facilitating me in bringing this very important matter before Dáil Éireann.

The story of the defective chimneys in 105 houses at Abbey Quarter, Sligo, is a saga in itself. It is also a scandal, by far the most serious that I have come across in my time in public life. The houses were built by the National Building Agency for Sligo Corporation 15 years ago. The chimneys were quite obviously monstrously defective in construction, and probably in design. They were simply fire hazards in waiting and they very quickly manifested themselves as such on a continuous basis. We should remember that ten of the houses were built specially for old and disabled persons. Now, 15 years later, the chimneys and the fire hazards remain.

The chimneys are what are technically knows as "transfer chimneys", with four angled bends. They were so bad that the borough engineer in 1985 — maybe long before that — officially stated: "It appears that a potentially dangerous fire situation now exists in this estate and accordingly I now recommend that the tenants in the estates involved be informed not to use chimneys until this matter is resolved by the National Building Agency". No wonder the borough engineer took that action.

A report from the engineer's department in 1985 states in regard to one street alone, Carroll Drive: No. 2, smoke from next door; No. 3 defective chimney; No. 4, defective chimney; No. 5, smoke from No. 6; No. 6, suspected no parging to flue; No. 7, smoke through meter box; No. 9, suspected no parging to flue; No. 11, suspected no parging to flue; No. 12, suspected no parging to flue; No. 27, defective chimney, and so on. The case was the same with all the other streets involved.

These defects led to continuous fires, fire alerts, smoke billowing into the rooms and pollution. The smoke was not necessarily where the fire was but maybe in upstairs rooms, or, as often as not, in a room in the house next door. I have not got a complete record, but I know that in a one year period in this small estate the fire brigade were called out on eight occasions to deal with serious fires. Of course there were many smaller fires with smoke and pollution on a continuous basis. The chief fire officer warned that any chimney which allows the products of combustion to escape into a dwelling or indeed an adjoining dwelling would have to be considered unsafe and should not be used.

All of this led to a letter from the county manager to the National Building Agency to state that he had evidence that the chimney defects had been caused by poor standards of workmanship originally. He also said that unless he got a quick response he was going to refer the matter to the Minister for the Environment to arrange a public inquiry. Despite all this nothing was happening on the ground to put the whole thing right. Reaction to one very had fire and the persistent work of one resident, Michael Gillen, as well as the local development association brought public protests. In fairness to the Minister, he finally met a deputation and promised that he would fund repairs.

Funding is being made available for refurbishment, but the arrangements are unsatisfactory and unacceptable. The present plans are for the building of a new chimney, but leaving the defective chimney in place — in other words, two chimneys on the one fireplace, with one leading nowhere. The bishop, Dr. Conway, has generously offered to pay for a leading structural engineer to draw up plans for the residents.

On the funding, only the houses still in the ownership of Sligo Corporation are to get full funding for the work. Various tenant purchase houses will get only 50 per cent. These are houses bought from the Corporation without full knowledge as to the extent of the defective chimneys. Even in a private transaction this would be regarded as sharp practice and I think the Minister will accept that it is unacceptable for a public body. Full funding should be provided for all and, in addition, compensation for the expense and costs incurred as a result of the defects over a 15 year period.

What will happen to the purchasers if they do not have the money to repair these houses? Are they to continue to live in houses they bought from the Corporation which are a continuous fire hazard? On the instructions of the Minister the people having the repairs carried out have to sign an indemnity against legal action arising from the condition of the existing chimneys. This is a totally unacceptable imposition and is against natural justice. I do not believe it would stand up in court. Finally, I believe that if there ever was a case for a public inquiry this is one, and the county manager indicated as much in 1988.

At the outset I would like to explain that the management, maintenance and improvement of rented dwellings are matters for the local authority — in this case, Sligo Corporation. Under the remedial works scheme, capital allocations may be made to enable local authorities to carry out certain structural works to the designated estates.

In common with many similar schemes of the early seventies the 105 house Cranmore estate was originally designed without chimneys. A single fireplace with chimney was installed in each house in the course of construction in 1975 and 1976. Subsequently, assistance was sought by Sligo Corporation under the Department's remedial works scheme for the replacement of these chimneys, and the proposal was approved in principle in December 1989. Approval to the corporation's proposals of 24 September 1990 for the acceptance of a tender in respect of the reconstruction of chimneys, together with ancillary works, in 65 rented dwellings issued on 15 November 1990. The planning and implementation of remedial works is a matter for the corporation. The total estimated cost of the proposed works to the rented dwellings is some £220,000.

Some 40 of the 105 houses in the Cranmore estate have been or are being purchased. Such private dwellings can be included in a remedial works scheme where considered necessary by the local authority. While the recently approved tender provides for works to the 65 rented houses, the tender documentation includes the option of extending it to reconstruct chimneys in the remaining 40 tenant purchase houses should the corporation so decide, and assuming the consent of the residents to the terms of the scheme. The maximum capital which can be made available under the terms of the scheme to local authorities in respect of such dwellings is 50 per cent of the cost of eligible works. Responsibility for arrangements in relation to the private householders' contribution to the costs involved rests with the local authority.

Residents who are having chimneys replaced under the remedial works scheme are required to give an undertaking not to pursue legal action against the local authority in relation to the existing chimneys. If a substantial amount of public funds is spent in providing new chimneys in this estate it is not unreasonable that the authority should seek to protect themselves from claims in respect of, or arising from, the condition of the chimneys which they have replaced.

In 1990 an allocation of some £100,000 was made for this work and for work in St. John's Terrace. Only £30,000 of this capital was drawn down by the authority. Progress on the scheme has been slow, but I think it is in everybody's interest that work should proceed as quickly and as efficiently as possible. The Public Capital Programme allocation of £16 million for the remedial work scheme this year is at present being considered and local authorities will be notified as soon as possible. I appreciate Deputy Nealon's concern in this regard but, as I explained in detail, we allocated £100,000 last year to this scheme but only £30,000 was taken up by the local authority. I hope that the officials of my Department and Sligo Corporation will be able to come to an agreement to proceed with the work.

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