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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Apartment fire defects and redress

Summary

Deputy Murphy raises severe fire-safety defects in apartment blocks, especially Phoenix Park Racecourse, and says homeowners face huge bills while developers escape responsibility. The Minister acknowledges the seriousness, says the Government is working on a response to the defects task force, and indicates it will bring forward a major redress package despite the scale and cost.

Today, we heard news about fire defects at one of the largest housing developments in the State, the Phoenix Park Racecourse apartment complex. Up to 550 apartments are affected by major deficiencies that could result in a fire racing through the common areas and spreading to other apartments. These are just some of the 100,000 apartments and duplexes around the State that are affected by latent defects. The vast majority of apartments built over the past three decades are affected. People are facing bills of up to €67,500 in some cases, and most are not aware of this yet. More importantly, many are living in unsafe apartments. On "Prime Time" last week, Philip, who lives in the Crescent apartment complex in Park West, spoke about his fear. He lives on the fifth floor and would not be able to make it down in time to escape a fire.

There are multiple potential Grenfell Towers in this country. How did we get here? A big majority of these apartments are unsafe because of a regime of self-certification, first introduced by Fine Gael and passed by Fianna Fáil Governments. This allowed builders just to certify that they had built according to the plan. What is unique in the case of the Phoenix Park Racecourse is that the developer, Flynn and O'Flaherty, is still onsite. The developer has reportedly told affected owners that it sees no basis to get involved and that the cost is on the owners because the apartment blocks were completed approximately 18 years ago. They have washed their hands of it. In some cases, developers are still operating under their then name and in other cases, the developers are still operating but they have just changed their name. In the case of the Crescent Park West, the developer, Harcourt Developments, recently received a major State contract for the redevelopment of the North Quays in Waterford. What will be done to hold these developers responsible for their corner-cutting profit pursuit that has put people's lives at risk? Does the Minister think they should just be allowed to walk away with no consequences for building unsafe homes? Does he agree they should be prosecuted for criminal negligence? Does he agree they should not get any more State contracts? Does he agree the law should be changed so that the Statute of Limitations for civil cases does not start to run until the faults are discovered?

I am in touch with hundreds of residents of apartments and duplexes who are affected. They were all glued to "Prime Time" last week where their story was told, but they were deeply concerned by what the Minister, Deputy Darragh O'Brien, said. He repeated, over and over, that the victims of these defects would be given help. They are not looking for help, tax credits or partial compensation. This is not their fault at all. They are looking for recognition. This is the Government's responsibility, as well as the responsibility of the builders and developers. Residents are looking for 100% redress, with the State taking full responsibility while pursuing the developers.

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I thank the Deputy for raising this particularly serious matter for homeowners who are affected by these fire safety risks. I know the homes to which the Deputy refers and I can only imagine the worry and anxiety many different homeowners are facing. They have a right to be concerned about their safety and the safety of the properties that are their homes.

The Government and the Minister, Deputy Darragh O'Brien, have recognised the scale of this issue and are already working on how the Government can respond to the issues of safety and defects that are growing in scale. There will need to be a Government response. This work is taking two different forms. First, work is under way on how we can reform our building control policy to look at what are the right measures that need to be in place to give us confidence that this will not happen again. The work that is already happening is on how our building control regulations can be amended, the establishment of a national building control office, and under the building works Act of 2022, the regulation of providers and the establishment of a new building standards regulator. This work is happening now and is looking at the issues raised by Deputy Murphy, how we can prevent them from happening in the future and, if they do happen, how we can be clear in our response.

What the Government and the Minister, Deputy Darragh O'Brien, are committed to is providing full certainty on what the responsibility is in the delivery of homes and buildings, what is the responsibility of those building them, what is the responsibility of those who regulate them and how action will be taken to prevent this happening in the future.

I am conscious that my answers are about how we can deal with this in the time ahead. As to how we respond to the issues in the Phoenix Park and beyond, the Minister brought forward the report of a working group on housing defects last July. This report demonstrated the scale of the issue and risk, and that between 62,500 and 100,000 homes, apartments, duplexes and houses could be affected by this. It was noted in the report that fire safety defects could be the most serious issue. A working group has now been established to respond to the report. I expect the conclusion of the working group will be received shortly and will put in place a national framework for the Government to respond to the huge difficulties raised by Deputy Paul Murphy.

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These developers have and will cost people between €20,000 and €70,000, off-loading responsibility from themselves onto ordinary people who simply cannot afford it. More than that, they have put people's lives at risk by their actions, yet they are still operating and, in some cases, on the same site. How can that be allowed? How are they allowed to wash their hands of it? How can Harcourt Development be receiving massive State contracts, public money, after putting people's lives in danger and facing them with massive bills? The Government needs to act to prevent this and it needs to stop giving State contracts to these developers.

Finally, if the scheme that is presented to the Cabinet before Christmas is anything less than 100% redress, it will not be accepted by residents. The Minister could have a mica-style movement on his hands. One in every 20 homes in the State is affected by this issue. On 14 December, the final Wednesday sitting of the Dáil this year, the Not Our Fault campaign will be outside protesting.

We hope to have seen the outlines by then. If there is not 100% redress, the Government will face a massive campaign on this issue.

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One of the few things of which I am certain is that regardless of what the Government brings forward, it will not be enough for the Deputy.

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If the Government gives 100% redress, it will be enough for me.

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The Deputy has already decided when the Minister for Housing, Local Government and Heritage and the Government agree proposals in respect of this matter, they will instantly be condemned by the Deputy as insufficient.

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What the Government------

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What the Government is very aware of-----

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If the Government provides 100% redress, we will accept it.

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I reiterate that the Government knows that regardless of what it brings forward, it will be condemned by the Deputy as being insufficient. The Deputy probably already has the tweet written and ready to go. This is a countrywide issue. Because it is a countrywide issue, we recognise that the number of properties affected is serious. Of course, the Deputies on this side of the House also represent the affected communities. All of us have this issue. As a result, we have to realise and recognise that the costs and complexities involved in responding are going to be significant. The Government has already done its very best to offer support to those in the communities that have been affected by mica-----

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Thank you, Minister.

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-----with a commitment of many billions of euro. The Government absolutely appreciates the trauma and anxiety caused by so many to so many as a result of factors with which the latter had nothing to do. We will shortly bring forward a response to the task force on defects in homes. We will do our very best-----

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Thank you, Minister.

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-----to make a meaningful difference to those homeowners who have been affected by such a grave difficulty.

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