Vol. 371 No. 9
asked the Minister for Energy the composition, terms of reference and statutory powers of the Government task force, arising out of the Raglan House report, which will deal with existing multi-storey buildings susceptible to progressive collapse.
15.
asked the Minister for Energy if he accepts the reports of the Cremer and Warner consultants for the Raglan house and Dolphin House gas explosions; if he is satisfied that all possible measures are being taken to ensure that the Dublin gas system is made safe; and if he will make a statement on the matter.
20.
asked the Minister for Energy if he intends to implement fully at the recommendations contained in the Cremer and Warner report referring to the gas explosions at Raglan House and Dolphin House; and, if so, when.
25.
asked the Minister for Energy if he has satisfied himself that the public are not in danger from the distribution of natural gas in Dublin; and if he will make a statement on the matter.
37.
asked the Minister for Energy if, in light of the Raglan House report he accepts the need for a new legislative framework governing the handling, installation and maintenance practices of gas distribution, which would designate an independent agency to oversee safety aspects on behalf of the public; and if he will make a statement on the matter.
80.
asked the Minister for Energy if gas leakages are systematically recorded and reported to any public agency by gas distribution companies which would enable safety performance to be monitored; and if he will make a statement on the matter.
I propose to take Questions Nos. 12, 15, 20, 25, 37 and 80 together.
The Government have considered the Cremer and Warner report and I can assure the Deputies that the most urgent and comprehensive measures are being taken in response to the recommendations contained in it. The Government have accepted the recommendations and have taken the following measures.
The Government have appointed a task force under the aegis of the Minister for the Environment. Its report is to be completed within three months. The members of the task force are: Mr. T. McMahon, McCarthy & Partners, Consulting Engineers, who will act as chairman; Dr. T. McManus, Chief Technical Adviser, Department of Energy; Mr. E. O'Connor, Assistant Chief Engineering Adviser, Department of the Environment; Mr. B. Tuohy, Fire Adviser, Department of the Environment; Mr. S. Dunleavy, Head of Construction Services, IIRS; Mr. J.F. Guth, Chief Engineer, Sofregaz, France; Mr. J. Lang, President of the Institution of Engineers of Ireland; Mr. M. Collins, President of the Royal Institute of the Architects of Ireland.
Cremer and Warner have agreed to act as advisers to the task force.
The terms of reference given to the task force are as recommended in the Cremer and Warner report:
(a)Identifying potentially vulnerable buildings and situations.
(b)Preparing guidance on priorities, having regard, to the vulnerability of the structure to an explosion, the condition of the gas services, the type and frequency of occupancy, etc.
(c)Providing technical guidance on the implementation of practical remedial measures — in minimising the opportunities for an explosion and, therefore, reducing the chances of progressive collapse.
(d)Identifying all relevant codes and standards that need to be reviewed and updated to incorporate the lessons learnt.
(e)Informing all relevant parties of the findings and advice.
Action is being taken to involve the local authorities and the gas utilities in identifying buildings which may be susceptible to progressive collapse. The owners of these buildings will receive advice from the local authority on suitable remedial measures. Local gas companies are being instructed to undertake comprehensive leak surveys and to report their findings to the task force. The Minister for the Environment will reintroduce the Building Control Bill as a matter of urgency in order to give statutory effect to the building regulations.
I am also examining as a matter of urgency the nature and composition of an agency, and the means by which it might be established, which would be responsible for the investigation of major accidents and public safety matters generally.
There are 29 recommendations addressed to Dublin Gas. These matters have been discussed with Dublin Gas company management and I have been assured that they will be implemented. This will be carefully monitored.
The report also contains recommendations in regard to the future of Dublin Gas, recommendations specific to the developer of Ballsbridge court and recommendations specific to Dublin Corporation.
The obligations of the privately owned gas utilities for the safety of their installations are provided for in the Gasworks Clauses Act, 1847. Under section 24 of the Act, gas undertakings are responsible at law for the proper maintenance of their pipework. The Minister for Energy has no statutory responsibility in this respect.
As recommended in the Cremer and Warner report, and as agreed by the Government, all local gas companies are to undertake comprehensive leak surveys and are to report the results to the task force within two months.
There are no public agencies to which gas utilities report incidents of gas leakages. I will also be considering whether further legislative action may be required in this area.
I would like to point out, however, that substantial work has been done by the Gas Technical Standards Committee on the drafting of Irish standards and codes of practice for products and processes used in the gas industry. A wide portfolio of standards and codes have been produced by the committee in the areas of gas transmission, distribution and installation. Outstanding draft standards and codes of practice dealing with the natural gas industry will be completed during 1987 and 1988. The standards and codes of practice are being produced having particular regard to safety. BGE have assured me that town gas utilities for which they are responsible will adhere to the relevant standards and codes of practice in their operations.
The Cremer and Warner report points out that Dublin Gas management had accepted inferior practices over many years. The receiver had recognised this and progress was being made on these matters prior to the Raglan House incident. Progress continues to be made but there is still room for improvement.
The receiver has introduced new equipment and new work methods into the Dublin Gas company and substantial re-equipping of the repair crews has taken place. A survey of apartment blocks and offices is substantially complete and a programme for the renewal of small bore cast iron pipes is under way. An interim report of a study of the network is expected shortly which will lay out a programme for the systematic renewal where necessary of the mains system.
Receivership in Dublin Gas is an interim position. In order to set a firm course for the future, and to put stability and continuity into Dublin Gas it is my intention to bring this situation to a conclusion as soon as possible with BGE taking control. It is my requirement that BGE give the highest priority to the safe, secure and effective operation of the company.
Does the Minister agree that the establishment of a permanent central agency which he says will be responsible for investigating major accidents is wrongly focused? Prevention is needed rather than investigating the debris after accidents. How can the Minister be satisfied with the situation where there are no public records of leaks occurring? It points to the need for an agency within a new legislative framework which would independently supervise the operation of these gas companies. What system does the Minister envisage for the implementation and policing of the recommendations of the task force in regard to remedies in multi-storey buildings?
Cremer and Warner recommended that there should be a central agency responsible for the investigation of major accidents and public safety matters generally and the Government accepted that proposal. Experience over the years has shown that there is a need for such an agency to examine the causes of disasters. This was the case in relation to the Betelgeuse, the Stardust and the explosions at Raglan House and Dolphin House. There have been various incidents where different ad hoc arrangements were made for their investigation and Cremer and Warner suggested to the Government that a central agency should be in place to carry out an investigation immediately.
Obviously, the emphasis should be on prevention and that is why the Government accepted the recommendations of Cremer and Warner in relation to matters affecting the Government, set up the task force and gave them terms of reference. In regard to public records, as distinct from Gas Company records, the legal position is that, under the 1847 Act, gas companies are responsible for keeping them. I assure the Deputy that all steps will be taken to ensure that the recommendations of the task force in relation to the suitability of buildings for the use of gas will be implemented. The owners may have to take remedial measures in the case of some buildings which are unsafe. All these matters will be followed up in detail by the relevent Government Ministers.
When will the task force report? Will no action be taken until their report is received? I am concerned about the safety of the Dublin Gas system. Is the Minister aware that only 26 miles out of 2,400 miles of gas piping have been replaced? Is he also aware that there are over 1,000 holes in the streets of Dublin which have been dug by Dublin Gas? Are these only ad hoc responses to leaks or have they a definite plan for replacement of the decrepit, corroded, outdated pipe system of Dublin Gas in order to make it safe?
The task force were appointed last Friday and they will begin work immediately as their first meeting will take place next week. They will report within three months. The gas utilities are to report to them within two months so that the report of the task force can be fully effective. There were 29 recommendations in relation to the Gas Company and they are being implemented at present. Some of them were taken on board in advance of the report, including improvements in Gas Company activities.
With regard to the safety of Dublin Gas, Cremer and Warner examined the question of whether conversion to natural gas was the cause of the explosions in Raglan House and Dolphin House but it was made quite clear that it had no involvement in the incidents. There have been problems in relation to safety in Dublin Gas. They are at present in receivership and the Government at their first Cabinet meeting made the decision that it was not in the public interest for the receivership to continue. They gave instructions to Bord Gáis Éireann to complete their bid for the take over of Dublin Gas because we gave it the highest priority in view of the dangers to citizens. There is great potential for natural gas in Dublin for residential and industrial purposes. We want to see it on a safe, sound footing and properly managed.
The Minister has answered most of the questions I would have raised. Do the Government intend to legalise the draft building regulations of 1976 which would have a bearing on all new buildings? He has explained that certain measures have been taken to ensure that progressive collapse will not happen as far as existing buildings are concerned but will the design aspects of new buildings have the force of law?
As I said in my original reply, the Minister for the Environment is, as a matter of priority, reintroducing the building regulations Bill which fell when the last Dáil was dissolved. We have accepted the Cremer and Warner report in relation to this matter and it will be reintroduced as quickly as possible by the Minister for the Environment.
Deputy R. Bruton rose.
We are now moving into the time nominated for priority questions and, as the first question was tabled by Deputy Bruton, I will allow him to speak. I wish to advise other Deputies that they will not be entitled to ask any supplementary questions on priority questions.
Would the Minister not agree that experience has shown that in practice the pressures of day to day management in gas companies has resulted in safety standards falling and does this not indicate a need for an agency such as the Institute for Industrial Research and Standards to take over the task of overseeing the safety conduct of the gas companies generally in regard to leaks and so on?
The standards committee I referred to and who are drafting Irish standards and codes of practice are under the chairmanship of the IIRS. It will be the responsibility of gas utilities generally to operate those standards as laid down by this committee. My Department also have an involvement with the committee. For this reason I do not see the need for a further plethora of agencies. Proper management of the Dublin Gas Company and of the other gas utilities would be far more desirable.
The difficulty with Dublin Gas is that it was a political football for the last number of years while ideological rows took place within a previous administration as to whether it should be left within the private sector or nationalised. While these rows went on within the previous administration the management and control within the company deteriorated to such a stage that a receiver had to be appointed eventually. This Government have come to grips with the situation and Bord Gáis have completed their bid, in accordance with our direction. We want to see the Dublin Gas Company put on a sound footing with particular emphasis on the highest priority of the safe, secure and effective operation of this company. I am sure that this will happen when the company are put on a proper management structure as opposed to being in receivership.
Did the Minister not admit in the course of his reply that there are no records of gas leaks which occur under the various gas companies serving the public? Surely the standards committee cannot adequately monitor the activities of gas companies if such records are not furnished to them.
With regard to the question of safety installations, under section 24 of the Gaswork Clauses Act, 1847, gas undertakings are responsible at law for the safety of their installations. The Minister for Energy has no statutory responsibility: the law simply provides for penalties for damages caused by defects in installations. Case law indicates that gas companies are bound to keep up such reasonable inspections of their mains and pipes as would enable them to detect when there is such an escape of gas by fracture or imperfection of pipes as may lead to an explosion.
This law did not prevent the accident in question happening. Does the Minister not recognise the need for a body such as the IIRS to have the power to independently record progress being made by the gas companies in putting safety standards into practice?
The unfortunate tragedy at Raglan House and the incident of Dolphin House occurred for reasons which have been spelt out in the Cremer and Warner report. I would like to take this opportunity to pay tribute to the Cremer and Warner organisation for the detailed and unbiased way in which they investigated and reported on these incidents. They made specific recommendations to the Government, to the developers, to the corporation and to the gas company as to the measures which should be put in place to ensure that so far as was humanly possible such incidents would never occur in future. The Government responded to that report more speedily than has been the case of any other report I know of to have come before Government. We have acted on their recommendations and we will have to wait to see what happens as a result of these actions.
We have taken also the initiative with regard to putting Dublin Gas on a proper management footing. The Government acted speedily in relation to this compared with the foot dragging which was carried on by the previous administration.
We have to move on to Question No 38.
