Dáil Éireann díospóireacht -
Wednesday, 31 Jan 1990

Vol. 395 No. 1

Ceisteanna—Questions. Oral Answers. - Waterford Community College.

Brian O'Shea

Ceist:

9 Mr. O'Shea asked the Minister for Education when the contract was signed between her and the contractor for the construction of St. Paul's community college, Brown's Road, Waterford; when construction was completed; the amount of the retention money held by her following the completion of the college; the date on which she was first advised by the City of Waterford Vocational Education Committee that the roof was defective; the dates of all subsequent complaints and queries, including those recorded in committee minutes, from the City of Waterford Vocational Education Committee regarding the problems with the roof of the college; the date on which she received the IIRS report on the condition of the roof; the action which was taken by her regarding the roof of the college in response to the various representations from the City of Waterford Vocational Education Committee; the reason she instructed the City of Waterford Vocational Education Committee to make final payment to the contractor when her Department were aware of the many serious faults in the roof; the reason she agreed to a final account with the contractor in the knowledge that the roof was seriously defective; the immediate action she proposes to take to rectify the serious problems with the roof of the college; and if she will make a statement on the matter.

Mrs. O'Rourke

This is a very long and complicated answer. On 31 August 1977, the then Minister for Education entered into a contract for the building of St. Paul's at Lisduggan, Waterford. The school authorities attained partial possession of the school in April 1979 and total possession in September 1979. In accordance with my Department's procedures, 5 per cent of the contract sum was held as retention money.

My Department were firstly advised by the VEC that the roof required remedial work on 20 September 1982. The dates of all subsequent notifications about the roof are not readily available in my Department's records. As it would take an inordinate amount of staff time to compile that information, the deployment of staff from more urgent duties would not be warranted. The IIRS report referred to in the question was received in my Department on 14 November 1986. This was before my time.

In the period from September 1979 to September 1980, schedules of remedial work to be done on the building project were furnished to the contractor. A substantial sum of money, in addition to the normal retention money, was retained as security that the listed works would be executed by the contractor. The architect certified the release of the sum retained in October 1980. I think this is the point the Deputy is interested in.

Subsequent to the expiration of the defects liability period, a further list of remedial work to be done was given to the contractor on 18 August 1981. Apart from the translucent roof sheeting, this list, however, did not include any work in respect of the roof sheeting generally. The contractor accepted liability for two items only on the list. In July 1982, a rectification contract was entered into by the VEC with another contractor to do the required remedial work. Action pertaining to the maintenance of the roof is initially a matter for the City of Waterford VEC.

With regard to the final payment made to the contractor, this was authorised by my Department when they had established to their satisfaction that the account was properly due and payable. The payment was appropriately adjusted to take account of the cost of the remedial work for which the contractor was liable.

My Department have recently requested the VEC to provide an up-to-date report on the present condition of the roof. As soon as this is received, such action as is necessary will be taken by my Department.

Mr. O'Shea

Would the Minister agreed that the IIRS report described a highly defective roof and workmanship; that the Department and not the VEC, were the partners to the contract; that a teacher in the school has suffered a serious injury and children in the school suffered minor injuries as a result of leaks in the roof? The Minister said that this was first reported to her Department in September 1982. I have the minutes of a meeting with senior officials of her Department——

An Ceann Comhairle

I am anxious to facilitate the Deputy by way of eliciting information but our time is now very limited in respect of questions nominated for priority. Indeed the time is exhausted.

Mr. O'Shea

Is the Minister and her Department accepting responsibility for setting this matter right?

Mrs. O'Rourke

First, the maintenance of the roof is a matter for the City of Waterford VEC. My Department recently requested the VEC to provide an up-to-date report on the condition of the roof and, as soon as this is received, such action as is necessary will be taken by my Department.

Mr. O'Shea

The money was withheld from the original contract.

Mrs. O'Rourke

I can tell the Deputy that it is a fiercely tangled tale. If the Deputy wishes — because this is a matter about which people should sit down and talk — I might arrange for him to meet the relevant official in my Department in order to go through the matter with him.

Mr. O'Shea

Will we have the Minister's goodwill in resolving the matter?

Mrs. O'Rourke

Yes.

An Ceann Comhairle

Let us now proceed to deal with ordinary questions addressed to the Minister, the first being No. 10.