Building Control (Carbon Monoxide Detection) Bill 2014: Second Stage

Senator Feargal Quinn

I move: "That the Bill be now read a Second Time."

I welcome the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, who it seems has decided to come without his officials. I like to see a man working alone and able to handle these matters on his own. The Bill I am bringing forward deals with an important issue and its proposals have the potential to save lives. The number of lives is difficult to quantify, as I will explain.

Carbon monoxide gas is produced by the burning of fuel in fires and boilers, which many of us have in our homes. It is a highly poisonous gas and the danger it poses is exacerbated by the fact that we can neither see nor smell it. We have no way of knowing when it is present. When inhaled, the carbon monoxide combines with the blood in such a way as to prevent the body from absorbing oxygen and, from that point on, can have a devastating effect on our body's functioning. People with mild symptoms of carbon monoxide poisoning usually make a full recovery. However, anybody who suffers serious carbon monoxide poisoning short of death can be left with long-term health problems. Given that its symptoms, such as headaches, nausea and vertigo, can often be attributed to other causes, poisoning by carbon monoxide is probably one of the most under-diagnosed illnesses, which means the problem is more widespread than we can readily identify. We are not sure precisely how many deaths take place in Ireland each year, with figures ranging from a handful to as many as 40.

Death and sickness caused by carbon monoxide poisoning can be avoided if people install carbon monoxide alarms in their homes. There is a great deal of confusion in this regard, with many people under the mistaken impression that smoke alarms and carbon monoxide alarms are the same. The Bill requires certain homes to have a carbon monoxide alarm installed in each room that contains an open fire, stove, or boiler; inside each bedroom or within 5 m of the bedroom door; and in each bedroom in which a flue passes within or over. Introducing a requirement for new homes that are built from this point forward makes perfect sense and is easy to achieve. More challenging, however, is the task of ensuring that existing homes are retrofitted with carbon monoxide alarms. Rather than introduce a blanket requirement on all existing homes to be fitted with such alarms, the Bill proposes that the requirement on existing homes to install an alarm will be triggered only by certain events such as where a home is put on the market for sale or rent or where a new or a replacement open fire, stove, or boiler is installed. I am proposing that these requirements come into effect on 1 January 2015.

The Bill envisages that the obligation to install carbon monoxide alarms will also come into play where an existing open fire, stove, or boiler in a home is repaired or serviced. However, I have made it clear that this obligation will not come into force in January 2015 but will instead be delayed until the economic climate improves. The case for such a delay is quite compelling. A survey conducted last year found that while almost three out of four people are aware of the importance of having their boiler or stove serviced regularly, for almost six out of ten people the cost of such a service is a prohibiting factor. If there are issues of affordability around boiler servicing, we must avoid introducing a measure which might make people even more reluctant to have their appliance serviced. After all, servicing an appliance is one of the best ways to ensure carbon monoxide does not leak from it. What I envisage is that the commencement of this particular provision would take place when people are better off and can afford both to service their appliance and install the required number of carbon monoxide alarms.

In all cases, home owners will be required to demonstrate compliance with the requirements of the legislation by producing a certificate. The certificate can be provided by an engineer, architect, registered gas installer or registered electrical contractor.

I am not one of those who believes legislation is the answer to every problem in society. Wherever possible, alternatives to legislation should be considered before statutory obligations are imposed on people. As regards this matter, however, the alternatives to legislation have been tried and they have failed to provide a solution. Year after year, deaths from carbon monoxide are reported in the media and families of victims appeal for people to wise up to the dangers of carbon monoxide. Those calls are invariably echoed by coroners who call on society to install carbon monoxide alarms. While many have acted on these pleas, many have chosen to ignore them. In the face of recurring, needless and avoidable deaths, it is now time for us as legislators to provide a reasonable and workable solution which obliges people to take steps to protect themselves.

The provisions of the Bill will apply to new buildings, although the word used in the legislation is "dwellings". It also applies if someone is going sell or let their home - in other words, if it changes hands. I commend the legislation to the House. I hope the Minister will support it and help to have it enacted without delay. The measure is a worthy and worthwhile one.

I welcome to the Visitors Gallery Ms Honor Heffernan, the well known jazz singer. Ten years ago her mother and sister were both killed by carbon monoxide poisoning. It is a reminder of the seriousness of this matter. There have been many other cases and I will get a chance to mention them later. I urge the Minister to accept the Bill and ensure it becomes law. I believe it will save lives.

Senator Sean D. Barrett

I welcome the Minister. I also welcome Ms Honor Heffernan to the Visitors Gallery. I hope we will be singing off the same sheet by the time this debate concludes. It is an honour to second Senator Feargal Quinn's proposal. He has a proud record of introducing legislation of this kind. We have already debated his proposals on the use of defibrillators and he also supported the ban on smoking in cars where children are present. In another debate on safety with the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, we deduced from the numbers involved that 40% of people were escaping having penalty points attached to their licences by not bringing their driving licences to court. As we are all in favour of public safety and the Bill represents a step forward, hope the Minister will consider it.

The Bill proposes having a carbon monoxide alarm in every room that contains an open fire, stove or boiler. In addition, a carbon monoxide alarm would have to be fitted in each bedroom within 5 m of the door, as well as having an alarm in bedrooms with flues.

The provisions of the Bill will kick in under five conditions: when a home is newly built; when it is placed on the market for sale; when it is rented afresh; when a replacement open fire, stove or boiler is installed; or when an existing open fire, stove or boiler in a home is repaired or serviced. Senator Feargal Quinn did not put a costing on such measures, but, for example, fitting alco-locks in buses would not even cost 1% of the price of a bus, yet it provides a safety dimension. Members of the Oireachtas have these issues at heart, which are good for citizens. Parliament is serving the citizenry by making their lives safer and protecting them from the kind of accidents we have seen happening. Carbon monoxide is an odourless and invisible gas, so anything we can do as legislators to intervene and support this Bill will help citizens. Considering the numbers, it would represent a low cost per life saved.

That is something we would commend to the House and something we are all agreed upon to make Ireland a safer place. It is an honour to second Senator Feargal Quinn's and commend him yet again for bringing legislation to the House. He is a model Senator in his industry in this regard.

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

I thank Senator Feargal Quinn for bringing forward the Bill which seeks to reduce the risk of carbon monoxide poisoning through the installation of carbon monoxide alarms in all rooms in dwellings which have an open fire, stove or boiler. The Bill also requires householders to have a certificate to confirm compliance with the requirements of the legislation.

The Government is committed to improving the safety and welfare of people in and around buildings. I recognise that the measures proposed in the Bill complement that policy; I am supportive of it and its principles and, accordingly, will agree to it on Second Stage.

Senator David Norris

Bravo.

Deputy Phil Hogan

I regularly do this, but the Senator obviously does not notice. Notwithstanding the merits of the Bill-----

Senator David Norris

We notice everything.

Deputy Phil Hogan

Not everything.

Senator David Norris

We give praise where it is due and chide when necessary.

Deputy Phil Hogan

I do not need praise every day. Notwithstanding the merits of the Bill and acknowledging that the provisions represent additional safeguards in any house in which heat-producing appliances are installed, I propose to bring forward several amendments on Committee Stage which, I believe, are necessary to improve the practical implementation of the provisions to achieve a more effective and balanced outcome. The building regulations set out the legally enforceable minimum requirements that a building must achieve and these requirements are set out in 12 parts, classified as parts A to M, respectively. Each part of the building regulations is accompanied by a technical guidance document, TGD, which sets out how the requirements of that part can be achieved in practice.

Part J of the building regulations 1997 and the associated technical guidance document J, 1997 edition, set out the current legal requirements for the use and installation of heat-producing appliances in buildings and for the disposal of the products of combustion in a manner that protects the health and safety of the occupants and reduces to a reasonable level the risk of buildings catching fire in consequence of their use.

In recent years my Department has signalled its commitment to considering whether and in what circumstances mandatory provision for carbon monoxide detectors might be appropriately included in part J and TGD J. Against this background and having regard to the latest developments in the standards since the current 1997 regulations were introduced, a broadly representative working group was established under my direction in mid-2011 to undertake a comprehensive review of part J and TGD J. Over the course of the review, data provided by the Health Service Executive indicated that over the 11 year period from 2000 to 2010, inclusive, 73 fatalities arose due to accidental poisoning following exposure to carbon monoxide. This represents an average of over six carbon monoxide deaths per annum in Ireland that could potentially have been preventable, that is, assuming no carbon monoxide detector was installed and that the presence of a functioning carbon monoxide detector could have provided an alarm which would have resulted in appropriate action being taken to prevent exposure to the toxic effects of carbon monoxide.

Furthermore, from the evidence of carbon monoxide incidents in the United Kingdom and elsewhere, the indications are that the majority of such incidents appear to occur with solid fuel appliances, while gas and oil are deemed to be the safest. Open flue or flueless appliances, because they take the combustion air from a room, have a potentially greater risk than a balanced flue scenario. An analysis of all the available information led the review group to the conclusion that the use of carbon monoxide detectors to the proper standard and with adequate in-built visual and audible warning systems would give added protection to homeowners. During the review the Department, in conjunction with other relevant public bodies, was satisfied that previous concerns over sensor reliability and the lack of any end-of-life indicators in carbon monoxide detectors had been addressed by developments within the industry.

The new part J and TGD J documents will come into force on 1 September 2014 and will require carbon monoxide detectors to be provided in all new dwellings and in existing dwellings where new or replacement open flue or flueless combustion appliances are to be installed. As the Senator can see, we are moving a little ahead. Carbon monoxide detectors will also be required where a system chimney attached to any heat producing appliance passes within or over a habitable room. In such cases carbon monoxide detectors should be in or near bedrooms and where open-flue or flueless appliances, including fireplaces, are used also. Accordingly, the provisions which relate to the installation of carbon monoxide detectors in new and existing dwellings where new or replacement open-flue or flueless combustion appliances are to be installed are already in place. In the interests of coherent regulation I imagine the Senator has no wish for me to duplicate this provision on the Statute Book.

It should also be noted that Part L, conservation of fuel and energy, of my Department's building regulations of 1997 requires all new and replacement boilers in dwellings to have an efficiency of 86% since 31 March 2008 and 90% since 1 December 2011. This requirement promotes the installation of room sealed boilers which have a lower risk of the escape of carbon monoxide due to balanced flues.

While in no way seeking to detract from the commendable tenets of the Bill, I have a number of concerns about some of its provisions and believe it will be necessary to introduce amendments on Committee Stage to deal with some practical implementation issues. For example, the use of the term "Building Control" in the Short Title may cause confusion with the Building Control Acts, whose primary purpose is to provide for the making of building regulations and building control regulations applicable to the construction of new buildings, material alterations and changes of use. The application and scope of the proposed Bill relates to dwellings only and is in the sole context of carbon monoxide. Accordingly, the Bill would benefit from a change in Title to more accurately reflect the subject matter therein.

Section 5(2) requires compliance with the provisions of the Bill to be demonstrated by certification. Although no details are provided on what would constitute an inspection for this purpose, I do not consider that the list of persons who may provide certification on foot of an inspection is entirely appropriate to this task. In addition, it could lead to unnecessary additional costs for home owners and landlords.

The requirements in sections 6 to 10, inclusive, to secure certification should a dwelling be newly constructed, offered for sale or lease or undergo a boiler replacement or service appear, on the surface, to be onerous and may need further consideration and refinement given the potential costs to householders. I also caution that the requirement for a householder to secure certification when repairing or servicing an existing heat producing appliance may have the unintended consequence of householders postponing servicing of an appliance because of the additional cost of certification. While I note the commencement of this section may be deferred until economic conditions improve, it needs further consideration.

Section 11 provides that enforcement be carried out by local authorities. Again, I have concerns about the resource implications, both human and financial, of this provision. In any case, I do not believe local authorities are best placed to enforce the Bill's provisions. Given that approximately 1.5 million dwellings could potentially require certification, an annual inspection rate of 20% would potentially require 300,000 certificates to be produced to local authorities. This amounts to more than 7,000 certificates per building control officer. This provision is not workable in practice and householders may not react positively to visits from local authority personnel in such circumstances. For this reason, the provision should be amended.

The offence provisions outlined in section 13 appear disproportionate and excessive for application to a householder in the context of the Bill. A Class E fine may be more appropriate, with graduated fines applying to the owners of multiple properties.

The requirements in section 15 have already been met in technical guidance document J, Heat Producing Appliances 2014, which provides guidance on the location of carbon monoxide detectors.

It is worth noting that my Department, with the support of the National Consumer Agency and National Standards Authority of Ireland, has proposed to the European Commission the development of a harmonised European standard in respect of carbon monoxide detectors under the umbrella of the construction products regulation. This measure will facilitate third party oversight by a notified body during the manufacturing process. The Commission supported Ireland's proposal and early this year mandated the Comité Européen de Normalisation or European Committee for Standardization to commence work on the matter.

Senator Feargal Quinn should be commended for introducing the Bill. While I welcome and support many of the provisions contained therein, the import of some of the proposals would inevitably be to impose costs on individual householders. We need to be cognisant of this and work towards achieving a reasonable balance, without compromising the safety we all seek, when we table amendments on Committee Stage. Although the cost of a single carbon monoxide detector complying with the relevant standard and having an end of life indicator would be between €30 and €40, this cost would rise in line with the number of appliances or rooms in a dwelling. Moreover, the costs of inspection and certification could be in the region of between €150 and €200. It should be noted that these are not once-off costs because replacement costs would arise every five to six years.

While the new Part J regulations, which will become operable from 1 September 2014, will give added protection to new dwelling owners and the owners of existing dwellings when heat producing appliances are being replaced, it is nevertheless important that we get the message across to householders that they should take a number of key actions to prevent carbon monoxide arising in the first instance. It is important that they engage only competent persons to ensure the proper installation and commissioning of appliances, flues and chimneys; proper air supply is maintained to combustion devices; and combustion appliances are properly maintained and inspected on a regular basis. While the new Part J of the technical guidance document and the provisions of Senator Feargal Quinn's Bill will provide enhanced consumer protection in respect of carbon monoxide in dwellings, the primary focus must remain on ensuring these three requirements are realised in the first instance.

The relevant authorities with responsibility in this area will be obliged to ensure information to raise awareness of the potential dangers of carbon monoxide in homes will continue to be provided on a regular basis. Against this background, a number of bodies - the Commission for Energy Regulation, the Registered Gas Installers of Ireland, RGII, Bord Gáis, the National Standards Authority of Ireland and the Irish Liquid Petroleum Gas Association - all contribute in different ways to raising public awareness of the risks of carbon monoxide poisoning. I take the opportunity to compliment them on the work they do.

I again thank Senator Feargal Quinn for bringing forward the Bill. As indicated, I am not opposed to its passing on Second Stage.

Senator Brian Ó Domhnaill

Ba mhaith liom tréaslú leis an Seanadóir Feargal Quinn as an mBille tábhachtach seo a chur chun tosaigh inniu. Aithním go bhfuil an tAire ag gabháil buíochais as an obair sin agus ag glacadh leis an mBille. Cuirim fáilte roimh sin.

This Bill represents an important step in the context of protecting citizens in their homes. As previous speakers indicated, carbon monoxide is a highly dangerous, colourless and odourless gas. Most Irish households have at least one heating appliance which, when in good working order and properly maintained, allows carbon monoxide to be safely vented via a chimney or whatever else. When such appliances are defective, carbon monoxide can enter a room without there being any indication that it is present. It is for this reason that it is dubbed "the silent killer". As Senator Feargal Quinn said, carbon monoxide is responsible for causing the deaths of approximately 40 people each year. The Bill is designed to ensure such deaths will be avoided by means of the affordable solution of having carbon monoxide alarms installed in people's homes. We are all aware of high profile cases relating to this matter. In Derry, for example, two teenagers unfortunately died because a heating appliance had not been properly fitted. The family of a man from Listowel who died as a result of carbon monoxide poisoning last February have appealed to people to have the proper alarms fitted in their homes.

Fianna Fáil is delighted to support Senator Feargal Quinn's Bill, particularly as it is a very practical and common-sense measure. It is welcome that the Senator has included a provision whereby the owners of existing dwellings can be afforded an additional period in which to have their homes retrofitted with alarms. It is also welcome that the Minister has stated he will not oppose Second Stage. Given that he has accepted the thrust of the legislation, I call on him to ensure Committee and Remaining Stages are taken at the earliest opportunity in order that the Bill might be sent to Dáil Éireann for consideration and approval as quickly as possible.

This legislation has the potential to save lives. If it related to road traffic accidents, we would not even be discussing it. The reason for this is that if the matter were that simple to deal with, the requisite legislation would already be in place. The Bill is quite straightforward. Senator Feargal Quinn carried out an enormous amount of research in order that he might bring it before us. While the Minister has signalled his agreement to the Bill passing Second Stage, I hope he and his Department will work speedily to ensure the remaining Stages will be disposed of at the earliest opportunity in order that the legislation might be enacted as quickly as possible. This would allow us to meet the 1 January 2015 deadline relating to new builds envisaged by the Bill's author, Senator Feargal Quinn.

Senator Cáit Keane

I welcome the Minister, Deputy Phil Hogan, and thank him for accepting the Bill. I compliment Senator Feargal Quinn on bringing forward this very important legislation. I do not know why those opposite are so amazed that the Minister has accepted the Bill. He has obviously taken this measure which is positive for society on its merits.

He is noted for putting an emphasis on competencies and consumer protection and I was not surprised when I heard that the Minister was accepting his Bill. Carbon monoxide is very dangerous and known as "the silent killer". The statistics are available to prove this. The Minister mentioned an average of six deaths per year. I note that was up to mid-2011. I do not know if the average number of deaths is decreasing. The HSE's health protection statistics for 2011 indicated it was one or two. Even one or two is one or two too many. I thank the Minister for bringing this measure forward.

The purpose of the Bill has been well outlined. Many speakers have referred to installation, monitoring, qualifications of the installers and where monitors are to be sited. The Minister referred to where a flue passes within or over a bedroom. One does not want too many monitors upstairs. One wants a maximum of two if it is within the 5 m radius. It is something to look at. The Bill provides that the statutory requirement to install a carbon monoxide detector would only be triggered by certain events, of which there are six. One of the events is the servicing of a boiler. Most people get their boilers serviced annually. The onus will be on every household when the boiler is serviced to ensure that Part 10 of the Bill is complied with. Many people already have carbon monoxide monitors. One of the first things my son did was install one notwithstanding that it was not mandatory. The Minister mentioned certification and the figure of 300,000. I did not realise it was that many. He mentioned 1.5 million houses. Certification is key. As the Minister said, we need competences and to ensure the people who install the monitors are qualified. One person has been left out of the Bill. Engineers, architects and registered gas installers are referred to, but there is no mention of oil installers. Currently, oil installers install oil boilers and are not qualified to install gas boilers. The Minister will have to look at this issue as I am not an expert.

When one sells a house, one must obtain a BER certificate. If the competencies and qualifications of BER certifiers were linked with the competencies and qualifications of boiler certifiers, it would halve the cost of certification. Provision could also be made to ensure the person who installs the boiler is also qualified to certify the boiler. It should come within the cost of installation rather than to have a separate cost for certification. While it is important that certification is carried out, it is also important to keep costs down. I note that section 10 makes provision for people who cannot afford it and for delay. People must service a boiler or it becomes dangerous. One does not want to stop them servicing boilers on foot of excessive cost.

There is an onus on landlords to ensure this is done. Every landlord must be alerted to his or her duties when the Bill becomes law. There is also a duty on local authorities. I was always a great one for saying that when an extra duty is placed on a local authority, an extra €1 must come with it. Deputy Phil Hogan is the right Minister to tell this to. As local authorities are landlords, I presume they are in the same bracket as private landlords and that monitors will be installed in local authority housing immediately following the enactment of the legislation.

I want to refer to technical specifications. The legislation is silent on the level of carbon monoxide that will trigger the monitor. Each monitor in each EU country has a different level. The Minister said something about the levels. Will there be EU harmonisation of levels? It would be good. If a monitor is effective in one country, it should be deemed to be effective across the European Union. If it is not certified with a certain level, it may be the wrong one.

However, there are many pollutants in our homes. In the meantime before everybody has installed a carbon monoxide monitor, we should ensure people put plants in their homes that absorb carbon monoxide from the air. The plants that do this are well known but NASA has conducted research that found plants are efficient at absorbing carbon monoxide and other air pollutants and they have been launched into space as part of the biological life support system orbiting the earth. Spider and fern plants take dioxins and so on out of the air while the aloe plant has been proved by NASA to work in the context of carbon monoxide. Nine aloe plants absorb the equivalent of one carbon monoxide monitor. The NASA research should be used in this regard because the penalties are onerous when they kick in. Board members of public buildings should be alerted to the fact that the responsibility falls on their heads.

I compliment Senator Feargal Quinn on introducing the Bill and I am pleased the Minister will accept it. This demonstrates how we in the Seanad can work positively together for the good of society.

Senator David Cullinane

I welcome the Minister. I commend Senator Feargal Quinn for again introducing important, practical legislation which can add value and save lives. It is one of a number of Bills he has succeeded in getting through the House and he deserves credit for doing so. It is refreshing and welcome that the Government will accept the legislation because we have been critical in the past of the lack of support for Bills tabled by Opposition Members, including Senator Feargal Quinn's upward only rent reviews Bill. If a Bill is brought forward in good faith and it will improve circumstances, it can be amended on Committee Stage if the Government feels there are problems with it. The Minister indicated he may well have to table amendments but that is also welcome because it will improve the legislation and perfect it. This is a good exercise in democracy and another good day for the Seanad as the Government accepts a Bill from one of its Members.

It is important that we address the dangers of carbon monoxide poisoning. If we can put in place legislation that compels developers, home owners and so on to install carbon monoxide alarms and only one life is saved, it will be worth it. Last month, a gas fitter in Derry was sentenced to prison for negligence in a tragic case in which, unfortunately, two men died from carbon monoxide poisoning in 2010. These cases are rare but they happen and, therefore, we have a responsibility to do what we can as legislators to make sure we can prevent as best we can such tragic deaths. Like Senator Feargal Quinn, I welcome Honor Heffernan to the Visitors Gallery.

Deaths from carbon monoxide poisoning in the home are, thankfully, rare in the State, averaging one or two each year, but people who are poisoned and survive experience long-term impacts on their health. While it is tragic when people die, it is also tragic when people end up with illnesses as a result of such poisoning. Smoke alarms are statutorily required in all buildings, including homes, and everybody accepts that they have saved lives not only in Ireland but in all states. They make perfect sense and many people are alive today in the State and others because of them. Unfortunately, we do not always make sure they work. Very often batteries are not replaced and this has caused problems. Such alarms need to be serviced and maintained to make sure they are working.

There have been many instances in which smoke alarms have saved lives. Carbon monoxide alarms, if present, would also save lives. Legislation needs to be introduced to require the installation of carbon monoxide alarms when building, selling or leasing a dwelling. The alarms are available to buy in the State and cost in the region of €30. The price, therefore, is by no means excessive. The alarms are very affordable. Thirty euro for a carbon monoxide alarm is very small money in the context of all the costs associated with buying and moving into a home. Installation should be made mandatory.

It could be and has been argued that recent energy efficiency schemes should make mandatory the installation of carbon monoxide alarms. This would provide a modest economic boost in addition to addressing the health and safety concerns that have been articulated by Senator Feargal Quinn. Carbon monoxide alarms are made in the State, are easy to install and do not require a connection to an electricity circuit. Therefore, there is no real impediment; it is just a matter of our passing this legislation and making installation mandatory. It should happen as a matter of course, as with fire alarms. There should be a carbon monoxide alarm in every home. There are no significant practical or technical issues that could be cited as an excuse for not making carbon monoxide alarms mandatory, as proposed in the legislation. If the alarms were in place, they would save lives.

In Baltimore County in the United States, legislation was passed in 2010 that required all rental properties to have carbon monoxide alarms installed. At the time, there was a series of deaths in that county from carbon monoxide poisoning. Since the legislation was passed, there have been no deaths from it. This is proof that what is proposed works. Other regions in the United States, including New York, Alaska, Colorado and California, have passed similar legislation, and there have been similar reductions in carbon monoxide-related deaths and illnesses.

There is not much more to be said. This is very straightforward. I commend Senator Feargal Quinn for introducing the legislation, being very practical and doing something that will be very worthwhile for all of us. I thank the Minister for his generosity in accepting the legislation. I hope it will eventually be passed and that we will not see it shelved for months or a year. I hope we can make progress on it as quickly as possible. I believe it has the support of all Members in both Houses and I will certainly be supporting it.

Senator Aideen Hayden

I welcome the Minister. I also congratulate Senator Feargal Quinn on introducing the Bill. As the Senator and a number of other speakers have said, carbon monoxide poisoning is a major issue. Carbon monoxide kills an average of six people per year in the State. I understand that of the 40 deaths related to fumes, six were related to carbon monoxide poisoning. Statistics in the United Kingdom indicate there were 50 deaths from carbon monoxide poisoning.

No one can argue against the bona fides of the Bill. I am very happy we are supporting it on Second Stage and that the Minister will be making a number of amendments to it. Loss of life when it can be prevented is a travesty. I agree with other speakers that any measure that can be taken to protect life should be taken.

I have a number of caveats that I would like to raise concerning the Bill. I was very pleased that the Minister, in his statement, confirmed my opinion that this matter can and should be covered by building regulations, particularly in regard to building standards associated with new builds and renovations. This was the case in Scotland in 2013.

Another issue I have with the Bill, as set out, relates to the rental sector. Some 20% of all Irish families live in private rented accommodation. Senator Feargal Quinn referred to a home that is subject to a new lease or the renewal of an existing lease. A very significant number of tenancies in the State are not governed by lease at all but by the Residential Tenancies Act 2004. This should be taken into account in the drafting of the Bill.

Minimum standards for the private rental sector are covered by minimum standards regulations from 2008 and 2009.

Adding the supply of carbon monoxide alarms to those regulations is the way to proceed because they stipulate minimum requirements such as the provision of smoke alarms. For example, two smoke alarms must be provided in a rented property, and a multi-occupancy house, such as a traditional Victorian property divided into a number of units, must have a fixed alarm system that is linked with the electrical system. I ask the Minister to consider including the minimum standards for the private rented sector properties in this legislation and Senator Feargal Quinn could include a provision to amend leases to take into account the new regulatory environment.

Senator David Cullinane mentioned that there was a legal obligation under existing legislation to provide smoke alarms in domestic homes, but that is not the case. It is the case with a new construction, but it is not the case with existing constructions. I suggest to both Senator Feargal Quinn and the Minister that we must incorporate legislation that covers fire safety because a very significant number of people live in properties that are not covered by fire safety regulations. Perhaps the Minister will consider, if it is possible, amending the certification process to include carbon monoxide and smoke alarms.

I am concerned about some of the proposals in the legislation. The Senator proposed to have a certificate made available when a boiler appliance, stove or whatever is serviced. However, there is no legal obligation on a home owner to service a boiler but, ironically, such exists under the minimum standards for rented properties legislation. As things stand, there is no legal obligation in the case of a domestic property where the person is a home owner to provide same. We need to consider imposing a requirement on people where there is no legal obligation. There is no legal obligation to sweep one's chimney or service a gas or oil fuelled boiler and so forth. We must consider including such a provision in the context of grounding legislation.

I am interested in introducing a certification system for rented properties, like the national car test, where the person renting the property must show it is fit for purpose. I have studied such certification very closely for a number of years. I do not think the Senator's legislative proposal is workable. For starters, the numbers of people he listed who are capable of providing a certificate effectively means it costs €130 to certify that a €30 appliance is in place. That provision needs to be reconsidered.

I wish to discuss the proposal to ask local authorities to police the scheme. I can assure the Senator that the enforcement by local authorities of the private rented minimum standards legislation has been incredibly varied and in some local authority areas it has been downright appalling. In terms of enforcement, the Senator needs to look beyond local authorities. I think the homeowner, landlord or whoever else should be obliged to provide certification and the inspection system needs to be carefully thought out.

With regard to public awareness, people know that carbon monoxide poses a danger. Surveys have shown that three quarters of people know there is a significant danger posed by carbon monoxide. However, a very significant number of people say they cannot afford to service their appliance. We need to be very conscious when seeking to impose legal obligations on people that there are supports. I suggest we provide supports for people who have very low incomes, particularly when it comes to servicing appliances that are and can be life threatening. This may be a matter for the Minister for Social Protection. There are people who cannot afford to service their boilers or have their chimney swept which is a core factor we need to consider.

With regard to the Bill before us and all of these caveats, it is important for us to deal with the issue of carbon monoxide, in the first instance, and fire safety because one cannot be separated from the other.

We need to find a way in which we can attach a fire safety obligation not only on new builds but in situations where existing dwellings are old and are probably more in need of fire safety precautions than some of our more modern constructions. Will the Minister support an amendment extending the minimum standards regulations for rented properties, which, as I said, is 20% of the entire housing market, to include carbon monoxide detectors? As I suggested to Senator Feargal Quinn, perhaps we might look again at the definition of leases and rented property under the Residential Tenancies Act 2004.

Senator David Norris

I welcome the Minister and compliment my colleague, Senator Feargal Quinn, on his initiative in bringing forward this Bill. I also refer to the presence in the Visitors Gallery of a very old friend of mine and a very distinguished artist, the singer, Honor Heffernan, whom I heard on radio the other day describe with great dignity and sadness the tragedy that occurred in her family when her mother and sister were killed as a result of carbon monoxide poisoning.

Senator Feargal Quinn has addressed a very important point if a life can be saved. My Jewish friends say that he who saves one life has saved an entire universe. Bringing attention to this problematic situation could certainly save lives, although perhaps not an enormous number of lives, but every life is very important. I understand reference was made to a situation in Northern Ireland which was very tragic. I also recall a situation in, I think, Cork where two young men, two friends, off on a jaunt from school died as a result of a faulty appliance. I would like to think hotels would be included in this legislation if they are not already.

This shows the value of Seanad Éireann. I remember saying during the debate on it that what we would have to do would be to kill the Government with kindness. As there are so many Bills on the Order Paper, we should move them and send them to the Dáil because no legislation is coming to this House from the Dáil. I have introduced a small amount of legislation, but Senator Feargal Quinn has become an absolute mill for legislation and it is quite wonderful. He has addressed very important subjects. I am sure he would approve of me saying that, like me with Miriam, he has had great assistance from his personal assistant, Anne, and has been lucky enough to use another person who is in the Visitors Gallery, his solicitor, Dr. Brian Hunt, who has helped him in the preparation of this Bill, although the initiative has come from the Senator whom we must compliment.

I very much appreciate the fact the Government, through the Minister, has indicated that it will allow the Bill to go to Committee Stage. However, the Government has yet to address a previous Bill on medical insurance, which was also very important. It was introduced from the Government benches by Senator Colm Burke. There were small elements of it which were not quite right and the Government could easily have amended it and let it go through. I do not know why it did not at that Stage. I hope Senator Colm Burke will reintroduce this Bill. However, on this occasion, Senator Feargal Quinn's Bill which the Government considers has certain technical defects will be appropriately amended by the Government on Committee Stage. That gives me hope it will go through to the end.

Returning to the substance of the Bill, what we are dealing with here is something quite insidious which is actually worse than gas because, since the beginning of the provision of urban gas, gas companies have taken care to add distinctive odours to gas, precisely to alert people to the existence of a gas leak. We all know what the smell of gas is like and that we have to telephone a certain number which is posted on the gas appliances, whether central heating boilers or gas cookers, in our homes.

The problem with carbon monoxide is that it is a particularly insidious gas because it has no detectable odour. For this reason, it is very difficult to detect. It can creep around the house without making any great inroads onto the consciousness of the people. I agree with Senator Aideen Hayden that we need to include rented premises in this provision also.

The Minister indicated that the question of expense also needs to be considered in this context. I am not sure what the possible cost of this might be. Perhaps Senator Feargal Quinn might give us that information in his riposte or response. I should not say "riposte" because I do not think he is capable of a riposte. He is far too gentlemanly for that. The Senator might have given us these details already, although I do not think so. I have smoke detectors in my house. They are actually very cheap. The batteries need to be replaced every so often. As I assume the cost of carbon monoxide alarms is quite similar, it is not prohibitive for them to be installed after the event. One will not need to dig up the whole heating system or take out the gas cooker. I presume they can be planted or stuck onto the ceiling. I am sure they are commercially available. Perhaps the Senator might be kind enough to let the House know about this.

The legislation before the House sets out a wide range of circumstances in which carbon monoxide monitors will be necessary. For example, it will not be possible for a house to be sold without a certification of this kind. The provision regarding newly-built homes is the easiest of the lot because it simply means that the installation of a monitor will become part of the builder's check list. The Bill also provides that there should a carbon monoxide alarm in each room which contains an open fire, stove or boiler. That will apply to just one room in most modern houses. I am a little unlucky in the sense that I have open fires in every room in my house. I like them. I was surprised to hear on the same programme on which Ms Heffernan spoke that people have had their health seriously affected by the burning of a candle. That is extraordinary. It shows the sensitivity of the human animal to this particularly noxious gas.

Once again, I welcome in the presence in the Visitors Gallery of our friends. I would like to make a particular reference to the dignity and grace displayed by Ms Heffernan who has been instrumental in highlighting this issue. I compliment my colleague, Senator Feargal Quinn, on pursuing this important matter. I understand his proposal has been seconded by Senator Sean D. Barrett. I hope the Government will allow the Bill to go through speedily.

Senator Feargal Quinn

I appreciate the fact that the Minister has grabbed hold of this issue and agreed to accept the Bill. He is right when he says it can be improved. That is exactly what Committee Stage is for. I thank everybody else who got involved in the debate, particularly Senator Barrett who seconded the Bill. Senators Brian Ó Domhnaill, Cáit Keane and David Cullinane made some very valid points. I was impressed by Senator Aideen Hayden's knowledge and her suggestions. As usual, Senator David Norris spoke with enthusiasm and goodwill. I would like to request that the Committee Stage debate take place as quickly as possible because there are lives at stake.

Senator David Norris raised the question of cost. It costs approximately €25 to buy one of these units in a shop.

Senator David Norris

Surely a life is worth €25.

Senator Feargal Quinn

Not only is a life worth €25, but, as Senator Sean D. Barrett has pointed out to me, a value of more than €1 million is attached to each person's life in transport project evaluations. We do not know how many deaths of this nature take place. It is hard to tell because carbon monoxide is a silent killer. The figure of 73 fatalities mentioned by the Minister suggests the investment needed in this respect would be worth €73 million on the basis that one life is worth €1 million. I know it is very hard to place a value on a life. I emphasise the need to get this done as speedily as possible.

As Senator David Norris mentioned, I have introduced many Bills during the years. A number of them have been put on the long finger.

I was told more research was needed on the Organ Donation Bill; the Food Provenance Bill; the Employment Permits (Amendment) Bill which has been delayed for quite some time and the Public Health (Availability of Defibrillators) Bill. These are just some Bills that have been delayed. There is a need to get them through. The Construction Contracts Bill became law, but it took a lot longer than I expected.

Senator David Cullinane mentioned a number of other jurisdictions that have introduced legislation such as this. Scotland recently introduced legislation and 24 states in the United States have introduced similar legislation. In recent years, there have been a succession of needless and avoidable deaths due to carbon monoxide poisoning. Earlier this year Mr. Kevin Lucey died from carbon monoxide poisoning. Ms Miriam Reidy died from carbon monoxide poisoning in January 2011. Mr. Trevor Wallwork, his daughter Kimberley and son Harry were found dead in the sitting room of their home in County Sligo in December 2011. Two young men in Northern Ireland also died as a result of carbon monoxide poisoning and a family was very fortunately saved in another incident in county Cork a few months ago.

I appreciate all those involved in this Bill. In particular, I appreciate what the Minister has done in saying that he wishes to accept this Bill and improve it. A friend of mine called Jack Kavanagh brought the issue of carbon monoxide to my attention. Dr. Brian Hunt wrote the Bill for me. We negotiated on a number of aspects. Ms Ann Crotty from the National Standards Authority of Ireland and Mr. Patrick Fleming, chief fire officer of Dublin Fire Brigade, read the Bill and gave me excellent advice which I appreciate. I believe this is an example of how this Seanad can work.

This legislation will save lives but the one thing I ask the Minister to do is to make sure we do not delay. I know he does not intend that to happen and I know it is not easy to get things to move as quickly as we would like but with his enthusiasm and commitment and the effort he puts into almost everything he does, I am sure he is going to make it work. I look forward to seeing the Bill back in the House at a very early date for Committee Stage and I look forward to the improvements that have been mentioned by various Senators and it becoming law later this year.

Question put and agreed to.

Seanad Éireann debate -
Tuesday, 8 Apr 2014