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Dáil Éireann debate -
Tuesday, 19 Apr 2011

Vol. 730 No. 3

Adjournment Debate

Decentralisation Programme

I would like to discuss the number of buildings that the State is renting or leasing as part of the decentralisation programme. This is a particular concern in Portlaoise, which is in my constituency of Laois-Offaly. Six buildings in the town are being rented or leased by the Department of Agriculture, Marine and Food as part of the decentralisation programme. Deputies will recall that the details of the programme were announced in late 2003, not long before the local elections of 2004. In October 2010, the then Government provided details of the premises being leased in Portlaoise, which were accommodating 317 departmental officials as well as staff from the Equality Tribunal. Further information was provided to the effect that the State was paying €191,000 to rent the old Eircom building at Knockmay Road, €264,640 to rent the Grattan business centre at Dublin Road opposite the prison and approximately €210,000 to rent three units at Gandon Court, Fairgreen in the town. As I understand it, some of the agreements are 20-year leases. Some of the offices are in entirely unsuitable locations, including above a chip shop, over a pub, over a supermarket, in an industrial estate warehouse and in an old Eircom building. The office above the chip shop is in several small apartments and is totally unsuitable. As there is just one toilet — either a ladies toilet or a gents toilet — in each of the apartments, women and men who are working beside each other have to go to the toilet in different flats. If the women do not have to go to a different apartment, the men have to do so. There has been a fragmentation in services as a result of these difficulties. The staff in Portlaoise have told me that the operation of the Department is totally chaotic.

We are all aware of the penalties being suffered by businesses as a result of the existence of upward-only rent reviews. Will the Minister of State tell the House whether the State is being affected in the same way? If so, what does he propose to do about it? Has there been any renegotiation of these substantial rents? The Government has spent €12 million under the decentralisation project on the rental of offices in Portlaoise. Have moves been made to secure permanent accommodation so that the State does not fund private landlords at the expense of the taxpayer? The funding of such people would be totally unacceptable at a time when severe cutbacks have been implemented. Will the Minister of State give a commitment to ensure none of the projects that are proposed involves the use of public private partnership? Such an approach has been shown to represent poor value for taxpayers' money. It has been shown to be one of the most expensive means of providing new public buildings in the long term. The previous Government said that a new headquarters for the Department of Agriculture, Marine and Food in Portlaoise would take two years to build. My understanding is that it was proposed to build it through the use of public private partnership. An update on what is happening with this matter is required. A site on the Mountrath Road in Portlaoise was purchased at a cost of approximately €1 million but is now lying idle — it is covered with thistles and buachaláns. Will the Minister of State update us on this important matter?

I thank Deputy Stanley for raising this matter. I understand his interest in it as a constituency issue and from a national perspective. Under the previous Government's decentralisation programme, it was originally intended to relocate approximately 11,000 civil and public servants in 50 different organisations to 56 locations around the country. As the Deputy is aware, that Government achieved the relocation of slightly more than 3,000 of those 11,000 officials. As he rightly pointed out, the then Minister for Finance, Charlie McCreevy, boldly set out the Government's plans in a famous Budget Statement that was made six or seven months before the famous local elections of 2004. The current Government inherited the need to resolve this legacy. Decentralisation is logical if there is a sensible business plan and it is in the interests of those who provide and avail of the service in question. This issue of the legacy I mentioned has to be resolved.

The original decentralisation programme was a major undertaking, by any standards. The Office of Public Works was tasked with completing the property aspects of the programme. This involved a combination of various initiatives including the acquisition of development sites, the design and tendering of building projects, the construction of buildings, the leasing and fitting out of offices and the purchase of existing buildings. Sites were earmarked or acquired in 26 locations. Sites owned by the OPW were selected in five of these locations — Athlone, the Curragh, na Forbacha, Sligo and Monaghan. At a further 11 locations — Carlow, Killarney, Longford, Newcastle West, Thurles, Trim, Drogheda, Portlaoise, Newbridge, Wexford and Waterford — sites were acquired from the relevant local authority or State agency. Ten privately owned sites were purchased, at Buncrana, Cavan, Claremorris, Clonakilty, Dungarvan, Edenderry, Mullingar, Roscommon, Tipperary, and Thomastown. The OPW purchased an office block for 130 staff in Tullamore. The block is now occupied by the Department of Finance.

New buildings were constructed in 12 locations — Longford, Sligo, na Forbacha, Athlone, Killarney, Trim, Wexford, Newbridge, Newcastle West, Clonakilty, Buncrana and Roscommon. In eight locations — Ballina, Carrick-on-Shannon, Kilrush, Listowel, Loughrea, Navan, Limerick and Cork — long-term leases were taken out. The annual rent on these permanent leases is approximately €3.6 million. Short-term advance accommodation was provided in 11 locations — Athy, Carlow, Cavan, Claremorris, Dundalk, Tubbercurry, Portarlington, Portlaoise, Roscrea, Thurles and Tipperary — to facilitate Departments with pressing accommodation needs in advance of the provision of permanent offices. The annual rent for these short-term leases is approximately €2.6 million. In direct response to Deputy Stanley's question, I reiterate that the annual cost of the short-term leases is approximately €2.6 million and the annual cost of the long-term leases is approximately €3.6 million.

In general, the cost of the decentralisation programme to date has been more than offset by the disposal of properties. The proceeds amount to €374 million and the costs have been €352 million. We have spent €352 million, but we have obtained €374 million from the sale or disposal of properties. In the round, the State has not lost. As the Deputy pointed out, this is obviously a complicated process. It is a matter for the new Government to determine whether the previous Government's announcement, which paused the decentralisation programme, in effect, is to be reinitiated. I do not want to pre-empt that decision. It is clear there is a cost issue in this regard. At a time when the State is seeking funds, expending further funds in this area is obviously problematic, as Deputy Stanley will be aware. I have taken a detailed note of the points the Deputy made regarding his local area and will relay them to the Office of Public Works as well as the lead Departments as they effectively contract the OPW for the purpose of acquiring sites.

Company Takeovers

The need to protect employment in the Quinn Group is of the utmost importance to counties Cavan, Monaghan, Fermanagh and Leitrim. Not alone does the group contribute significantly to the economy of my home region, but it is also a major contributor to the national economy employing 5,500 people on the island, of whom almost 1,600 are employed in Quinn Insurance alone. The group's other interests consist of a range of manufacturing plants and operations in the hospitality and hotel sector. It is widely recognised as an extremely efficient and well managed group with an extremely hardworking and committed workforce.

Sean Quinn and his family built up the Quinn Group through hard work, commitment, great foresight and an ability to diversify the group's activities. Not only does the Quinn Group provide highly valuable employment, but it has also brought much needed competition to different sectors, specifically insurance to the benefit of policyholders.

Since the appointment of joint administrators to Quinn Insurance last Easter, Oireachtas Members from the region, as well as Members of the Legislative Assembly from Fermanagh-South Tyrone, have worked together on the issue. The protection of employment and maintenance of the maximum number of jobs in all the Quinn Group enterprises have been our focus and particular interest. Last Thursday's announcement of the appointment of a share receiver over the Quinn family shares in the Quinn Group was a devastating blow for Sean Quinn and his family.

Quinn Group senior management worked for almost one year on a proposal which would enable the family, over a period of six to seven years, to pay back all their loan commitments with a debt recovery plan. They remain convinced of the viability of their proposal. Was this proposal, which was finalised relatively recently, given detailed analysis and consideration by the Minister for Finance, his departmental officials and all relevant State agencies? The least the proposal deserved was detailed and appropriate analysis and dialogue between the relevant Departments and State agencies and the Quinn Group senior management. The Quinn family and Quinn Group have always indicated their determination and commitment to repay their debts.

It is unfortunate that an issue such as this brings me to my feet for the first time in the House. I will address the issue of my election by the people of counties Cavan and Monaghan and pay tribute to my predecessor, the former Deputy Seymour Crawford, at a later stage. I will use the limited time afforded to me this evening to highlight the importance of protecting jobs at Quinn Direct and the Quinn Group.

As somebody who worked in Ballyconnell for eight years, I fully understand and appreciate the huge contribution made by Sean Quinn not only to the Cavan area, but to the entire Border region. Sean Quinn and others made the Border region not just a geographic entity, but also an economic reality. In doing so, they afforded people the opportunity to work and live in their own community.

Sean Quinn readily admits that he made mistakes and is now facing the consequences of those mistakes. However, it is only appropriate to outline the legacy of real and lasting employment that he brought to our region. This is an achievement that should not be forgotten.

A cross-party Oireachtas group met with Sean Quinn last Friday. It was clear to those attending that despite his personal financial problems, Sean Quinn's primary concern was the continued employment of his staff. As a Deputy for Cavan-Monaghan, this is also my primary concern and priority. I cannot emphasise enough the critical importance to the local economy of maintaining jobs in Quinn Direct and the wider Quinn Group. The fears of Quinn Group workers must be understood and taken into account by the new management structure. It is imperative that the existing business model, which has served the company well, is maintained.

With regard to the debt restructuring plan agreed in principle between Anglo Irish Bank and the Quinn Group lenders, it is my hope that this structure will enable the good businesses of the Quinn Group to continue to flourish. The businesses in question and their employees have faced a long period of ambiguity. That a level of certainty has now been brought to this matter must be welcomed.

I welcome, too, the fact that an insurance company of such standing as Liberty Mutual is seeking to invest in Ireland via Quinn Insurance. The single most important outcome of this deal is that almost all 1,500 jobs in Quinn Direct will be retained. I urge the Minister to continue to monitor the matter closely to ensure the retention and security of jobs in the group.

It is paramount that jobs at Quinn Direct and in the Quinn Group are maintained at their current locations. These jobs have transformed the region in question. I ask the Minister for his considered assessment of the commitments and guarantees he has received from the proposed purchasers and an assurance that he will monitor the position and act as a guarantor on commitments given.

Sean Quinn, his family and the Quinn Group chief executives have transformed County Cavan and the wider region and are owed a great debt. I ask the Minister to make a statement of recognition of their contribution and give a commitment that, in the resolution of this matter and in future, the enormous commitment by Sean Quinn, his family, senior staff and workforce will be recognised.

Our area was stricken by emigration, ravaged by the effects of the conflict in Northern Ireland and in economic paralysis until the Quinn enterprises began. The Quinn businesses transformed the position, putting houses where there were none, helping families into education locally and creating vibrant communities. I ask the Minister to give an assurance that nothing will change in this respect because there is no going back for our community.

I acknowledge the work Sean Quinn has done in an area where jobs would not otherwise be available. Sean Quinn took on cartels in glass, cement and insurance and delivered jobs in an area with little employment. He did his work better than most financial institutions do theirs.

Last Thursday, it was decided that Liberty Mutual would take over Quinn Insurance. An interesting, cross-Border, cross-party group has worked for the past year to ensure jobs in the Quinn Group will be protected. Deputies from the region want to the promise to protect jobs to be kept. I ask the Minister to be vigilant in this regard and do everything possible to ensure jobs in the Quinn Group, whether in insurance or manufacturing, are protected.

The cross-party group to which Deputy Feighan referred met last Friday morning in Monaghan. The main topic was the retention of all Quinn Group jobs in the region. This has been our primary concern throughout. I admire the contribution of Sean Quinn in developing the Border region over many years. Without him, it would be a different place. He created jobs where there were none and developed industries in an area that had been devoid of industry for many years.

Our main concern is to retain jobs in the Quinn Group in the Cavan and Fermanagh areas. I ask the Minister for an assurance that all vigilance will apply to ensure these jobs are maintained. Tomorrow's meeting between the Minister and cross-party group is welcome. I wish to tease out further the assurances given by Liberty Mutual on these matters.

I thank the Chair for allowing me to join colleagues from my constituency of Cavan-Monaghan and across the region in contributing on this issue. I concur with the voices which have already recorded the fact that we have worked in unison for a full 12 months in support of the retention of all jobs in Quinn Insurance Limited where they are currently located, critically focused on Cavan, Enniskillen, Blanchardstown and other locations where the company has established operations.

Our concerns in regard to Quinn Insurance have been compounded by the decision of Anglo Irish Bank to take into its control the Quinn family shares over the wider Quinn manufacturing entities. We are no longer only concerned in regard to the jobs within Quinn Insurance but across the Quinn group, which is a multiple in real terms of the people directly employed and the wider community dependent on those incomes. We need an absolute assurance concerning all the existing jobs, where they are currently located, in order to sustain our local and regional economies.

Our purpose tomorrow in meeting the Minister, Deputy Michael Noonan, is to secure clarity on whatever guarantees he has received in regard to the preferred bidder and the further steps that have been taken by Anglo Irish Bank. There are still real concerns which we must address. I look forward to continuing to work with my colleague Deputies of all parties in support of the retention of the jobs created by the Quinn family over many years where they are currently located within our respective counties.

I thank the Deputies for raising this matter. On 14 April last, Anglo Irish Bank announced the appointment of a share receiver to take control of the Quinn family equity interest in Quinn Group (ROI), the ultimate parent company of the Quinn Group. The receiver holds these shares on behalf of Anglo Irish Bank.

It should be noted that a share receiver is fundamentally different from a company receiver and will not involve the sale of businesses or assets. However, this appointment has allowed Anglo, together with the senior creditors, to restructure the boards of the companies concerned and to remove Quinn family members and their associates from key board and management positions. This decision by Anglo to appoint a share receiver is very much a commercial one. In this context, it should be noted that under the relationship framework put in place under the Anglo Irish Bank Corporation Act 2009, which governs the relationship between the bank and its shareholder, the State, issues relating to the commercial activities at the bank are a matter for the board. In this regard, it is important to state the Minister for Finance has no role in day-to-day management decisions.

In order to stabilise the businesses, a five year debt restructuring plan has been agreed in principle between Anglo Irish Bank and the group's lenders. This structure will be designed to enable the businesses, which are fundamentally good and profitable businesses, to trade, develop and grow in a meaningful manner. I have been informed that the decision to appoint a share receiver will have no significant impact on jobs in the wider Quinn Group. It is in the interest of the bank that the businesses in the group are well invested and have the capacity to develop and produce profits into the future. The approach taken protects the businesses concerned and puts them on a sound financial footing. They will be run by the directors on a business as usual basis, which paves the way for maximising the repayment of debt to the taxpayer.

In regard to Quinn Insurance, as the Deputies will recall, the decision to appoint the joint administrators, pursuant to the Insurance Act 1983, to take over the management of Quinn Insurance Limited was taken in the best interests of the firm's policyholders. The aim of the appointment of the joint administrators was to allow the firm to remain open for business and to continue to be run as a going concern, with a view to placing it on an ongoing sound commercial and financial footing. From the outset, the joint administrators have concentrated on fulfilling this agenda and one of their main aims was to ensure that the value of the business was maintained in order to make it as attractive as possible to potential buyers. A key factor here was the re-opening of the profitable parts of the UK business.

On 3 June 2010, at the request of the joint administrators, advisers were appointed by the High Court to advise on any sale of Quinn Insurance Limited. The Deputies will appreciate that the responsibility for the sales process is a matter for the joint administrators who were appointed by the High Court. Therefore, the Government is constrained from interfering in the matter. The joint administrators have now considered the final bids and have selected the preferred bidder, Liberty Mutual-Anglo Irish Bank, which they believe best meets the objectives of their appointment.

This is a solution that puts the business back on a sound commercial and financial footing while at the same time protecting the interests of policyholders. Another factor in their decision to opt for the Liberty-Anglo proposal is the fact that virtually all of the jobs are protected aside from the closure of the Manchester office, which involves approximately 24 redundancies. The sale is, of course, subject to regulatory approval and the completion of contract details.

Liberty Mutual, it should be noted, is the fifth largest property and casualty insurer in the US and is a very well respected company. Liberty will own 51% of the joint venture and will operate the insurance company, while Anglo Irish Bank will own 49% and will have no involvement in the business. As Deputies will appreciate, the financial details remain confidential and are subject to the completion of legal and other arrangements being finalised. The administrators have indicated that discussions are taking place with a view to finalising the details of the deal within the next four to six weeks, with completion expected to take place at least 12 to 14 weeks thereafter, subject to certain conditions. Until the deal is finalised, no further details of the transaction will be made available.

Last year, in response to the developments in Quinn Insurance and its impact on employees' jobs, an inter-agency team was established comprising Enterprise Ireland, FÁS, IDA Ireland, the relevant county enterprise boards and the Department of Social Protection. The group meets under the chairmanship of Mr. Dan Flinter. The first meeting of the inter-agency team was held in Cavan on 30 April last year and to date 13 meetings of the group have taken place. An active ongoing dialogue with the employee representative group has been a feature of the process, and I compliment the Deputies on their cross-party support of this important group.

The primary focus of the inter-agency team was to support the affected employees, who were facing redundancy, to explore their options regarding employment and self-employment through setting up a new business and skills development, and to outline the supports available to them. Dedicated information centres staffed by the agencies were established on-site in Cavan, Navan and Blanchardstown to support the affected workers. Briefings and information sessions for the employees concerned were delivered at all three sites by Enterprise Ireland, FÁS, the county enterprise boards, the Department of Social Protection and other agencies, education providers and financial institutions as required. The inter-agency team has been an effective solution to co-ordinate the activities of the relevant Departments, State development agencies and county enterprise boards in order to drive employment opportunities for the people concerned.

The announcements on 14 April concerning the appointment of a share receiver and the naming of a preferred bidder for Quinn Insurance are significant developments. The financial restructuring of the Quinn Group, which has been agreed in principle between Anglo Irish Bank and the group's lenders, will enable the good and strong businesses to continue to trade and to grow. It is particularly important that there will be no impact on employment or on trade creditors from the restructuring. While the commercial sale process in regard to Quinn Insurance is ongoing and subject to regulatory approval, I very much welcome the positives of the proposed agreement in that almost all the jobs in Quinn Insurance will be retained. This is good news not just for the employees, but also for the local economy in the Border region where Quinn companies are based.

I thank the Deputies for raising this very important issue. I acknowledge the recognition for Sean Quinn and his family, who leave an extraordinary legacy. For a businessperson such as myself, it is most important that the jobs are secured. While these are difficult times, when one considers the potential in the Border region and the multifaceted nature of the Quinn family's operations, it is important to indicate that no jobs will be lost. I give great recognition to the Quinn workforce, who built up very successful and profitable companies. I am certain that, with the skill of management and the expertise of the staff still working in the Quinn Group, these companies will be very profitable in the future.

Building Regulations

I thank the Ceann Comhairle for allowing me to raise this important matter on the Adjournment and the Minister of State, Deputy Willie Penrose, for taking the time to respond.

The full extent of the pyrite problem is not yet known, with new instances being discovered in housing estates throughout Ireland on a weekly basis. Regrettably, it is a problem in several estates in my constituency of Dublin North where I am working with residents to address this difficult issue. As there are other instances in counties Offaly and Meath, I am not simply raising a parochial matter. This is a national issue.

For those unaware of the details, pyrite is a common mineral, traces of which may be found in the rock used to make crushed stone for under-floor filling in the construction of homes and other buildings. In the presence of humidity and oxygen, pyrite can form a chemical reaction which leads to swelling within the backfill, resulting in structural damage to the home. There are serious implications for homeowners coping with pyrite. Many feel unsafe in their homes, with huge cracks appearing in walls, above doorframes and in floors. Doors may jam against deformed floors.

There is a growing stigma attached to this issue, with affected home owners worried that, even if all structural problems are remedied, it will be difficult ever to sell their homes. The phenomenon has raised anxiety, bordering on understandable panic, among home owners in affected areas. Not only must they deal with negative equity caused by the reckless property policies of previous Governments, there is also the additional worry of further depreciation in the value of their homes due to the poor building practices of developers. It is a double whammy of anxiety and pain for many.

Ultimately, the developers of these housing estates are responsible for finding a solution to the problem. Where are these developers? Some are still operating but many are under the control of the National Asset Management Agency, while others have gone into receivership. The onus then falls on bodies such as HomeBond to meet the costs of rectifying the problem, although this can bring its own disappointment for home owners. Prior to 2004 HomeBond contracts offered a guarantee allowing for a maximum payout of €38,000 per house. However, there was a cap of €508,000 per developer and a particular developer may have more than one development affected. This €508,000 cap must be spread across the number of houses affected, diluting the maximum figure of €38,000 per household. The effect of this dilution in an estate in my constituency resulted in each household receiving an offer of only €1,300. With the average cost of reinstatement after pyrite damage anywhere between €40,000 and €70,000, it is clear the pre-2004 guarantees will not solve the problem for homeowners. Increases in the amounts payable under HomeBond contracts were introduced in 2004, with ceilings set at €200,000 per house and €2 million per developer. Despite this, householders are finding it a long, anxious and difficult process to secure redress.

The Department of the Environment, Heritage and Local Government must provide leadership on this matter. This is not the first country to experience this problem. For example, Canada faced a similar problem in the 1990s which it tackled through state leadership. I urge the Minister of State to establish a task force, to report within a short timeframe, with a brief to examine fully all aspects of the pyrite problem which has affected so many homes throughout the country. The task force should comprise the various stakeholders, led by the Department and including developers, HomeBond, local authorities and affected homeowners. We must get ahead of this issue and provide leadership for those affected. Most importantly, we must find solutions.

One avenue to explore is the talent pool of redundant construction workers crying out for work. We have tools at our disposal which we need to utilise. Individual households are attempting to tackle the issue independently or through ad hoc residents groups. We cannot continue to let people suffer in this way on their own. The campaigns being fought individually by many households and through residents action committees must be acknowledged. The people concerned need the Government to show leadership in resolving the issue. As a first step, there must be a full understanding of the extent of the problem. The proposal I have made will contribute to this and can be done at zero or minuscule cost. I urge the Minister of State to take it on board.

I thank the Deputy for raising this important matter and giving us the benefit of his expertise in these matters. I am aware of the difficulties experienced by the many home owners affected by the pyrite problem and I acknowledge the distress it has caused. The issue was first brought to the attention of my Department in mid-2007. Having consulted the Building Regulations Advisory Body, my Department immediately set about taking appropriate action to address the problem. Each county manager and local building control authority was advised on the matter on 16 August 2007 and their co-operation sought in the enforcement of relevant requirements.

Following an intervention by the Department, the National Standards Authority of Ireland, NSAI, published an amended standard recommendation on the use of aggregates as infill for civil engineering and road construction work. The new standard recommendation came into effect on 7 December 2007 and is intended to address the quality standards of new homes and buildings in so far as problems relating to pyrite are concerned. The relevant technical guidance document on the building regulations dealing with site preparation was amended to incorporate the revised NSAI standard recommendation. The building regulations set out the legal requirements for the construction of new buildings, including houses, while the technical guidance documents provide guidance on how to comply with these regulations.

The Department notified local authorities, the Construction Industry Federation, the Irish Home Builders Association and other key stakeholders of the provisions of the amended technical guidance document. In addition, I understand HomeBond, a private company which provides a ten-year structural guarantee for new houses, has included the amended NSAI standard recommendation in the sixth edition of its house-building manual.

The remediation of homes affected by pyrite is a matter for the parties concerned, namely, the building owner, the relevant developer and the builder's insurers. It is essentially a civil matter. I understand that, following lengthy court proceedings in regard to homes affected by pyrite in north Dublin, a final settlement was reached and a trust fund established. Consumer protection in the area of quality construction of new dwellings is a critical issue and I have asked my Department to prioritise the formulation of policy proposals that will enhance compliance with and enforcement of the building regulations generally.

My Department acted promptly when this issue was brought to its attention to inform all key stakeholders and ensure the introduction of revised technical standards to address the issue of pyrite in new construction. I consider these are relevant responses in the light of the Department's responsibilities. The establishment of a task force, as proposed by the Deputy, is not warranted at this point. However, I note the points made by him, particularly in regard to the problem in Canada, which I undertake to examine.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 20 April 2011.
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