Building Regulations

Dáil Éireann Debate, Thursday - 3 May 2012

Thursday, 3 May 2012

Ceisteanna (3)

Clare Daly

Ceist:

3Deputy Clare Daly asked the Minister for the Environment; Community and Local Government if he will accept that in view of the information available (details supplied), the Building Regulations Advisory Board could have prevented the pyrite problem by ensuring adequate testing standards and that he has a responsibility and duty to the thousands of home owners, who invested in their family home believing that the Building Regulations were a protection against major structural damage, to remediate the major structural damage caused by the failure of the BRAB and his Department. [22284/12]

Freagraí ó Béal (5 píosaí cainte)

Deputy Phil Hogan

The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on legally enforceable minimum requirements, as set out in the Building regulations. Detailed technical guidance documents, TGDs, accompanying each part of the building regulations outline how compliance can be achieved in practice. The regulations and relevant TGDs first came into effect in June 1992. They are subject to ongoing review by my Department, working in conjunction with the Building Regulations Advisory Body, BRAB, in light of developments in the construction industry generally.

My Department first became aware of the pyrite problem in mid-2007, and, in conjunction with the BRAB, took appropriate and decisive action to deal with the emerging problem and prevent the use of pyritic material in future. All building control authorities were advised of the problem and their co-operation sought in the enforcement of the relevant building regulations. Industry stakeholders were also contacted and advised of the problem and their assistance sought in containing it. The National Standards Authority of Ireland, NSAI, in conjunction with my Department and industry stakeholders, undertook a review of existing guidance in regard to hardcore material and, following a public consultation process, issued additional guidance, standard recommendation SR21, on reducing the risk of reactive forms of pyrite being present in material fill for use under concrete floors in dwellings and other buildings. Technical guidance document C was revised in 2008 to take account of the additional guidance given in SR21.

Acknowledging the very difficult and challenging situation faced by home owners having to cope with the consequences of pyrite problems in their homes, I set up the pyrite panel in September 2011 whose remit is to identify solutions for a resolution to the pyrite problem. I look forward to receiving its report shortly.

Deputy Clare Daly

The Minister's response is factually inaccurate in several instances. He acknowledges that the regulations were inadequate and had to be changed. The issue, however, is whether he was aware of the problem at that time. There is now disputable evidence, given most recently at a symposium in Trinity College, that there was a massive awareness of this issue in terms of the ground engineering literature that was in circulation at the time and the geology of the area. It is indisputable that the information was out there and, as such, the building regulations should have ensured adequate testing to deal with it. Had that been in place, the nightmare scenario now facing families would not have arisen. Will the Minister respond to that point? His officials attended that symposium and have had it confirmed that the industry knew that testing should have been done, not least for sulphur attacks on concrete. The Department did not do that and although this was before the Minister's time, it remains the case that the Department is responsible for overseeing the building regulations. Given that it has been acknowledged as deficient in this regard, the Minister must take responsibility to remedy the matter now.

Deputy Phil Hogan

As the Deputy is aware, there was court action in regard to this matter and the Department was exonerated of any particular responsibility. The pyrite symposium to which the Deputy referred was organised by Professor Brian Hawkins, a former member of staff at the University of Bristol. He has an engineering and geological background and has been involved in a number of isolated pyrite-related incidents in the United Kingdom over a number of years. He has also had an involvement with the pyrite problem in Ireland since 2007. Four members of my departmental staff who provide technical and administrative support to the pyrite panel attended the symposium to which the Deputy referred and reported back to the pyrite panel yesterday. In response to a question from a member of the Pyrite Action Group as to whether the knowledge of pyrite was common prior to 2007, Professor Hawkins indicated that it was, referring to several academic papers and a book of his which dealt with pyritic heave. Paul Forde, joint managing director of DBFL Consulting Engineers, gave a presentation at the symposium on his experience of dealing with pyrite problems since 2007. He indicated he was not aware of pyrite prior to 2007 and had misdiagnosed cracking resulting from pyritic heave when he was initially engaged to deal with problems. The general view among engineering professionals is that there was very little knowledge of pyrite prior to 2007. It is not covered in third level engineering courses. Hardcore was seen as a low risk material. The question takes a narrow and selective view of what was said at that symposium.

Deputy Clare Daly

If the pyrite panel comes back with a finding that makes points like those the Minister is making, the householders affected are going to be seriously disappointed. The Minister must understand the nature of the problem to come up with a solution and he has quoted two people's different opinions. Mr. Brian Hawkins is the world renowned authority on pyrite and I would give greater credibility to his opinion. He absolutely confirmed on at least ten occasions at the symposium that this was known about and society should have acknowledged this. It should have been reflected in the regulations. Unless the Department takes responsibility for that, there will be a real problem when the panel issues its findings.

Deputy Phil Hogan

As Deputy Daly should acknowledge, I have done everything possible to engage with Oireachtas Members and people through this pyrite panel to ensure solutions are on offer, not a blame game. If the Deputy wants to go down the road of a blame game, she will not find solutions for ordinary people. In recent litigation that led me to establish this pyrite panel, it was clearly stated the Department was not in any way culpable in these matters. People will have differences of opinion in all walks of life; I am interested in getting solutions.