Dáil Éireann Debate, Thursday - 14 June 2018
247. Deputy Clare Daly asked the Minister for Housing, Planning and Local Government the up to date legal advice regarding the interpretation of sections 15 and 18 of the pyrite remediation scheme (details supplied); and if he will make a statement on the matter. [26031/18]
Amharc ar fhreagraThe Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board, and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency. The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website, www.pyriteboard.ie.
The Act also sets out the broad parameters which the Board must have regard to when establishing the eligibility criteria for the pyrite remediation scheme.
The restriction in Section 15(3) of the Act preventing applications being made under the scheme by a person who purchases a dwelling on or after 12 December 2013 (the publication date of the Bill) applies where that person knew or ought to have known that the dwelling was constructed using hardcore containing reactive pyrite.
Following a number of requests for clarification in the matter, my Department has recently sought legal advice on the Board’s interpretation of Section 15(3) and I will be in a position to consider this matter further following the receipt of the legal advice. However, it is important to note that ultimately the interpretation of the law is a matter for the courts.
Section 18 of the Act provides for the inclusion or exclusion of an applicant in the scheme following the recommendation of the Housing Agency under section 16, as well as for the notification and appeal arrangements in this regard.
My Department is in regular contact with the Board and the Housing Agency in relation to the implementation of the scheme and is satisfied with the arrangements that are currently in place.
