Dáil Éireann Debate, Tuesday - 2 November 2021
357. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if he is satisfied that current regulations are sufficient to ensure manufactured concrete blocks safe to use in relation to MICA and pyrite; and if he will make a statement on the matter. [52322/21]
Amharc ar fhreagra358. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if the Construction Products Regulations which came into effect across the EU on 1 July 2013 are sufficient to ensure manufactured concrete blocks are safe for building homes in relation to MICA and pyrite; and if he will make a statement on the matter. [52323/21]
Amharc ar fhreagra359. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if all agencies involved in the regulating of concrete blocks, building control standards and the CE marking of blocks in place since 2013 are sufficient to ensure that all manufactured cement blocks are safe to use even if they contain some levels of MICA and pyrite; and if he will make a statement on the matter. [52324/21]
Amharc ar fhreagra360. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if the regulatory authorities involved in the production of new concrete blocks are satisfied that the issues highlighted by the MICA and pyrite scandal have been addressed by the CE declaration and homeowners can be assured that the concrete blocks they purchase are safe for building homes going forward; and if he will make a statement on the matter. [52325/21]
Amharc ar fhreagraI propose to take Questions Nos. 357 to 360, inclusive, together.
The legal framework and rules for construction products, including concrete blocks, are established in the first place at European level and national provisions can be set at Member State level.
The Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.
The National Standards Authority of Ireland (NSAI), is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI has produced additional guidance to some harmonised standards, under the CPR, in the form of Standard Recommendations (SRs) which set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland.
In relation to the specification of concrete blocks, the relevant suite of harmonised standards facilitating specification of masonry units is the EN 771 (series). ‘I.S. EN 771-3:2011+A1:2015’ deals with aggregate concrete masonry units. NSAI has published additional guidance in the form of ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ which provides, inter alia, guidance on the choice of masonry units and mortar classes most appropriate for particular situations as regards durability for finished work in Ireland. S.R. 325:2013+A2:2018/AC: 2019 recommends the use of Category 1 aggregate concrete blocks, which requires independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks). A full list of designated Notified Bodies for construction products may be found on the New Approach Notified and Designated Organisations (NANDO) Information System hosted by the European Commission.
Category 1 aggregate concrete blocks, should meet the prescribed density, compressive strength and be made with dense aggregate conforming to ‘I.S. EN 12620+A1:2008 - Aggregates for concrete’ and ‘S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for concrete’. Importantly, as aggregate is a key constituent of aggregate concrete blocks, ‘S.R. 16:2016’ outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production. This includes the requirement for a geological and petrographic assessment of the raw material (i.e. the quarry deposit) and of the finished aggregate product for use in concrete and concrete products to be carried out at regular intervals. The key objective of the geological and petrological examination is to determine if aggregates for the manufacture of concrete are fit for purpose and if deleterious materials are present in such form or quantity that may affect end use and performance.
Ultimately, the manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.
While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011. Regulation (EU) 2019/1020 establishes an EU wide framework for market surveillance, and came into full effect in July 2021. This strengthens the existing provisions in the CPR (and other Union harmonisation legislation), relating to the compliance of products, the framework for co-operation with organisations representing economic operators or end users, the market surveillance of products and controls on products entering the EU market.
Under the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 2013), each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.
In addition, Dublin City Council has been appointed as a competent authority for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis. Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit has been established for this purpose. Building control authorities will liaise with DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.
Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR. Geological Survey Ireland are providing technical assistance and expertise to this campaign.
In addition, I have asked the NBCO, in collaboration with GSI to conduct a focussed campaign in Co Donegal in relation to concrete blocks to ensure compliance with standards.
Whilst the CPR focuses on the conditions which apply when placing a product on the market, clients, specifiers, designers and builders etc., should:
- when drawing up specifications, refer to the harmonised technical specifications and specifically to the requirements of individual characteristics when necessary,
- when choosing the products most suitable for their intended use in construction works, review the manufacturer’s Declaration of Performance,
- check the Standard Recommendations published by NSAI, which give guidance on appropriate minimum performance levels for specific intended uses of the product in Ireland, and
- ensure compliance with the Building Regulations 1997 to 2021, in this regard all works should be carried out in a workmanlike manner, using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.
