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Seanad Éireann debate -
Wednesday, 12 Jan 2011

Vol. 207 No. 1

Carbon Monoxide Legislation

Cuirim fáilte roimh an Aire Stáit. Ba mhaith liom an rún seo a phlé.

Carbon monoxide is an odourless product. In recent times many fatalities have resulted from carbon monoxide poisoning. I understand it has been claimed that the number of deaths per annum may be as high as 40. However, I do not know if that figure is accurate, but I have certainly seen claims made in that regard. We have long since passed the time when we should have introduced legislation to cover homes, rented accommodation and hotels. A template is available to us, given that the installation of smoke alarms is obligatory in rented accommodation. They have saved many lives.

I would like to ask three questions, the first of which relates to smoke alarms. Why has the relevant legislation not been extended to cover all domestic dwellings, including homes? Fatalities could have been avoided if such legislation had been in place. Perhaps there is a risk that insurance cover would not apply in cases of non-compliance with the law. I wonder if there is a reason the legislation has not been extended to include homes.

The second question I would like to ask relates to something I noticed when I was examining this issue. The Commission for Energy Regulation has not taken responsibility for safety regulation in this area. That is different from what happens in the case of similar regulators in other jurisdictions. Why has the regulator not taken such responsibility?

My main question relates to carbon monoxide detectors or alarms. When will legislation be in place to make it compulsory to have such alarms or detectors in one's home? They are necessary if we are to reduce the number of deaths being experienced. I am aware that people who have been bereaved following such accidents have been campaigning strongly for many years without success. They have been asking the Department of the Environment, Heritage and Local Government to introduce legislation in this regard. I fail to see the justification for the failure to introduce such legislation. I am asking specifically whether such legislation is planned. If so, when is it hoped it will be presented in the Oireachtas? I urge the Minister of State to make his best endeavours in this regard.

I am responding on behalf of the Minister for the Environment, Heritage and Local Government who cannot be present this evening. I thank the Senator for raising this important matter.

I express my sincere condolences and those of the Minister to the families of those who have suffered the death of a family member as a result of carbon monoxide poisoning.

Carbon monoxide gas arises when fuel fails to combust properly owing to an inadequate supply of air. This gas is a dangerous substance which can cause health risks, illness or death of persons exposed to it for prolonged periods. The threat of carbon monoxide poisoning can arise in a variety of domestic, workplace and public settings. I understand a number of Departments and agencies have arrangements in place for dealing with their responsibilities in relation to carbon monoxide. For instance, the Minister for Communications, Energy and Natural Resources and the Commission for Energy Regulation are required under the Gas (Interim)(Regulation) Act 2002 to have regard to the need to promote safety and efficiency on the part of natural gas undertakings; the Health and Safety Authority promotes awareness and regulates the risks of carbon monoxide in the workplace; the Department of Health and Children and the Health Service Executive have specific responsibilities in relation to health promotion and environmental health; the Environmental Protection Agency monitors the level of atmospheric pollutants, including carbon monoxide; and the Central Statistics Office publishes statistics relating to incidents of carbon monoxide poisoning.

It is incumbent on all who own or control occupied buildings to assess the risks to the safety, health and well-being of occupants and users and to take steps to minimise risks. In regard to the risk of carbon monoxide poisoning the following preventative actions are essential: proper installation of appliances and flues-chimneys as per building regulations Part J — heat producing appliances — and Bord Gáis requirements, regular proper maintenance and inspection of combustion appliances and maintaining a proper air supply to combustion devices as given in building regulations Part J — technical guidance document J.

The Minister for the Environment, Heritage and Local Government, Deputy Gormley, has previously given a public commitment that regulatory provision for carbon monoxide detectors will be addressed in the review of Part J of the building regulations which deals with heat producing appliances. The building regulations set out the minimum performance requirements and standards that must be achieved by new buildings, including dwellings. They also apply in certain circumstances to existing buildings which are extended or which undergo a material alteration or a material change of use. Specifically, the review of Part J will consider whether and in what circumstances mandatory provision of carbon monoxide alarms would be appropriate. This has not been possible previously owing to concerns about the risk of excessive reliance on what is essentially a backup to proper maintenance, the reliability and lifespan of the alarms, and the risk of so-called fake alarms and resultant unnecessary actions. Developments have taken place within the industry since the last review of Part J which would suggest that these concerns may have been addressed or lessened.

Beyond the building regulations, a number of measures designed to minimise the risk of carbon monoxide poisoning are in place, including the registered gas installers scheme run by the Commissioner for Energy Regulation. This scheme imposes a statutory obligation that only competent persons may install and maintain gas installations, thus providing an important level of safety in the industry. Bord Gáis, the National Standards Authority of Ireland and the Irish Liquid Petroleum and Gas Association operate and frequently revitalise their radio and television advertising campaign to raise public awareness about the risk of CO poisoning. They also support a very informative website, www.carbonmonoxide.ie. There has also been an awareness campaign for general practitioners-family doctors to increase awareness of carbon monoxide risks among health professionals. The Commission for Energy Regulation is extending the natural gas safety regulatory framework to include the liquid petroleum gas sector which would extend the coverage of the CERS gas safety responsibilities. The NSAI gas standards technical committee has reviewed the NSAI national standard for gas appliances, IS 813, to consider the inclusion of the use of carbon monoxide alarms to prevent incidents. The review concluded that the CO alarm standards do not make sufficient provision to ensure the user can identify battery or sensor failure when it occurs and also that the current levels of competence for installing such alarms is not widely available. A review of the EN standard for carbon monoxide detectors, EN 50291:2001 — electrical apparatus for the detection of carbon monoxide in domestic premises — test methods and performance requirements, has been requested and this is being undertaken the European Committee for Electrotechnical Standardisation. Since 31 March 2008 building regulations Part L — conservation of fuel and energy — has required that all new and replacement boilers have an efficiency of 86%. This promotes the installation of room sealed boilers which have a much lower risk of the escape of carbon monoxide due to shorter flues.

The Government takes very seriously its responsibilities in addressing the risk of carbon monoxide poisoning and has been addressing and will continue to address this matter proactively. While I am not in a position to respond to the specific issues raised by Senator Walsh, namely, mandatory installation of carbon monoxide detectors in private homes, and the Commission for Energy Regulation taking responsibility in this area, I undertake to do so at a future date.

I thank the Minister of State for his reply. I join him in extending sympathy to all those bereaved in this regard. I acknowledge that the Minister of State has responded to this matter on behalf of the Minister for the Environment, Heritage and Local Government, Deputy Gormley. It is stated in the reply that the Government takes seriously its responsibilities in this regard. The response I have received, however, is entirely unsatisfactory. If the Government took its responsibilities seriously we would have legislation on this matter on the Statute Book. I do not accept we need to wait for the review of Part J of the building regulations. There is no reason this matter cannot be dealt with in isolation. I do not accept the reasons for the delay. Legislation on this matter has been enacted in the US, Northern Ireland and Britain and there is no reason it could not be enacted in this country.

Will the Minister of State convey that message to the Minister and ask him to ensure whoever in his Department is responsible for this matter gets working on it? This reply is live horse and get grass. It is a bureaucratic response which I do not accept and with which I am very unhappy.

The Seanad adjourned at 8.30 p.m. until 10.30 a.m. on Thursday, 13 January 2011.
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