Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Before I call Deputies, I remind Members that persons outside the House should not be brought into proceedings. This is particularly important where aspects of a matter are before the courts. Members should direct their contributions to the actions to be taken and not to apportioning blame. This matter is before the courts. I call Deputies who tabled their questions to the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, in the order in which they were submitted to my office.

Tommy Broughan (Dublin North East, Labour)
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I ask the Minister for the Environment, Community and Local Government to report immediately on what action and liaison with Dublin City Council is occurring to urgently rehouse all the residents of Priory Hall, Dublin 13, in suitable apartment accommodation. Will the Minister and Dublin City Council bring forward a tranche of apartments, perhaps elsewhere on the North Fringe, to ensure that all Priory Hall residents will be rehoused immediately in residential rather than hotel accommodation? Will the Minister report on all other outstanding issues in regard to the full repair and remediation of the Priory Hall complex and make a statement?

Seán Kenny (Dublin North East, Labour)
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Will the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, ensure that Dublin City Council provides suitable accommodation for the families who were forced yesterday by an order of the High Court to vacate their homes in Priory Hall, Dublin 13, on fire safety grounds?

Dessie Ellis (Dublin North West, Sinn Fein)
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What action will the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, take to support the residents of Priory Hall, Donaghmede, Dublin, who have had to evacuate their homes because of totally inadequate fire safety measures and bad construction? Will he carry out an urgent review and reform of building and fire regulations and inspection regimes, ending self-regulation, and will make a statement on the matter?

Niall Collins (Limerick, Fianna Fail)
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What are the views of the Minister for the Environment, Community and Local Government on the need to address the evacuation situation in the Priory Hall complex in Dublin. Will he provide help for the affected residents there? Will the Minister make a substantive statement on the matter?

Michael Kitt (Galway East, Fianna Fail)
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As Deputy Wallace is not present to pose his question, I call on the Minister of State, Deputy O'Dowd, to reply.

Fergus O'Dowd (Louth, Fine Gael)
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Following serious concerns regarding fire safety at Priory Hall, Dublin City Council acted quickly and withdrew its tenants from the development approximately two years ago. Private tenants were advised by the council at the time that serious safety concerns existed. Dublin City Council initiated legal proceedings on 17 August, 2010 in respect of compliance with fire safety regulations. The enforcement proceedings in this regard are still before the courts. Local authorities carry out statutory functions as fire authorities under the Fire Services Act 1981. A High Court order was granted on Friday, 14 October 2011 for the evacuation of the development at Priory Hall on the grounds that it is unsafe. Dublin City Council has made arrangements for the temporary accommodation of the affected residents. Pending the current court hearing, a stay has been put on the evacuation order until Thursday, 20 October 2011. The developer has committed to carrying out a schedule of necessary remedial works. Media reports state that the developer said yesterday that he has the money to carry out this work. The court has directed that the first phase of remedial works be completed by 28 November. All works on the development are to be completed by 31 January 2012.

When fire safety notices were issued on 3 September 2009, all owners-occupiers were issued a copy of the notice and advised of the seriousness of the situation. Dublin City Council is not responsible for covering any costs but due to the fact that the developer stated that he could not afford to pay for the tenants' temporary accommodation, the court ordered the council to pay the costs involved. In addition to concerns regarding fire safety, Dublin City Council has further concerns regarding compliance with planning permission and with the requirements in the building regulations. Two fire safety certificates were issued by Dublin City Council in respect of the development at Priory Hall on the basis of the plans and specifications submitted to it. Certificate A, which relates to the north block, was issued on 23 June 2004, Certificate B, which relates to the south block, was issued on 16 August 2004. Conditions were attached to the issuing of both certificates. The building was subsequently constructed not according to the plans and specifications approved by Dublin City Council. As a result, the building does not meet the requirements of the building control standards, nor is it in line with the conditions laid down in the fire safety certificates.

The Building Control Act 1990 clearly places responsibility for compliance with the building regulations on the owner of the building concerned and on the builder or developer who carries out the works. Enforcement of the building regulations is primarily the responsibility of the 37 local building control authorities, each of which has appointed a building control officer.

The Minister for the Environment, Community and Local Government, Deputy Hogan, indicated, on taking up office earlier this year, that he attached a high priority to consumer protection in the area of quality construction of new buildings. In July he announced a number of measures to be advanced by the Department and local authorities with a view to improving compliance with and oversight of the requirements of the building regulations. We expect significant progress to be made within 12 months. In broad terms the measures involve: the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the building regulations have been met; more efficient pooling of building control staff and resources across the local authority sector to ensure more effective and meaningful oversight of building activity; standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions; and better support and further development of building control functions nationwide.

All stakeholders in the industry agree that reforms are necessary. The regulations required to give effect to the introduction of mandatory certification are currently being prepared and will be the subject of industry and wider public consultation in the near future. The implementation of the other measures will be progressed by city and county managers, in consultation with the Department, in the context of the wider programme of achieving greater efficiencies in the local government system.

Tommy Broughan (Dublin North East, Labour)
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The Minister of State probably heard me engaging with the Taoiseach in respect of this matter on the Order of Business. At present, 250 residents - including 65 families - from Priory Hall are living in hotel accommodation. Through no fault of their own, these people have almost become refugees in their own country. Is the Department of the Environment, Community and Local Government prepared to take action tonight to try to source alternative apartments for the individuals to whom I refer. It appears the period for remedial works will last until early January at least. Mothers, fathers and young children have been displaced from their immediate parish. They are being obliged to travel back and forth and live, in a sense, from hand to mouth. Is the Minister of State to take immediate action to source alternative accommodation for these people? I remind him that in the North Fringe district, where Priory Hall is located, there are at least 700 to 800 empty apartments and houses. Will he afford priority to this matter in the first instance?

Is the Department confident that Mr. Thomas McFeely, Coalport Building Company Limited and Mr. Lawrence O'Mahony possess the professional ability necessary to carry out the remediation repairs - particularly those which relate to electrical installations and others which relate to fire safety issues - required at Priory Hall? No one, least of all the displaced residents, has any confidence in what those to whom I refer might do.

With regard to the financial aspect of this matter, it has been stated that Mr. McFeely's assets have effectively been frozen. However, questions appear to have arisen in the context of how the remediation works are to be funded. Will the taxpayers of this city and their counterparts throughout the country be asked to foot the bill in respect of the problems that have arisen on foot of the disgraceful and despicable behaviour in which those to whom I refer engaged?

Dublin City Council is the building control authority and fire safety authority in this instance. A crazy self-certification process has obtained since 1990 and I hope, in the context of building control, this will be abolished. Dublin City Council bought at least 16 of the units at Priory Hall and had tenants in 14 others - seven under the rental accommodation scheme and seven under the social and affordable housing scheme. Does the Minister of State intend to initiate an investigation to discover how the council, which was involved in the certification process, was able to purchase such a large number of properties but was not in a position to identify the blatant faults that existed?

Michael Kitt (Galway East, Fianna Fail)
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Thank you, Deputy. I wish to allow other Members to contribute, so I will call on the Minister of State to reply.

Tommy Broughan (Dublin North East, Labour)
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During the lifetime of the previous Dáil, I asked two former Taoisigh, Mr. Brian Cowen and Mr. Bertie Ahern, to establish a commission of inquiry to investigate what happened at Priory Hall and elsewhere in the North Fringe district as a result of the use of building materials containing high levels of pyrite. Will the Department of the Environment, Community and Local Government establish some type of major investigation so that we might get to the bottom of this incredible catastrophe.

Fergus O'Dowd (Louth, Fine Gael)
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I completely agree with Deputy Broughan in the context of his concerns regarding families and people, young and old, who have been discommoded. I am aware that there has been a particular impact on young children and senior residents. I understand that there are some 96 senior citizens involved.

The High Court has ordered that the families be accommodated at the place at which they are currently staying. I have not been briefed with regard to how the accommodation in question was selected. If people are unhappy with the accommodation in which they have been placed, they should, in the first instance, raise their concerns with Dublin City Council, which, I presume, was asked by the court to provide this facility and house the families in question.

Notwithstanding all the awful events that have occurred, the regulations are being changed. The Government and the Minister, Deputy Hogan, gave a commitment to the effect that they would be reassessed and this is happening. As a result, we will move from a position where self-certification applies to one where there will be a mandatory obligation on builders and others in respect of certification. They will have to stand over and conform to all requirements. This will not be opinion but fact. In other words, professional bonds and insurance will be on the line.

What has happened is totally unacceptable and the Minister and the Government are ensuring that, although only in office a short time, the regulations will be changed. There must be widespread consultation and there will be mandatory certification, which in future will ensure this can never happen again. I sympathise fully with all the upset families.

Seán Kenny (Dublin North East, Labour)
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Does the Minister of State agree that in view of what has happened in Priory Hall, the building control regulations and self-certification compliance procedures do not work? They are far too loose and it is now high time these regulations were put on a proper statutory basis, with inspections by building control inspectors from the local authority before new buildings or apartments can be sold to consumers.

Fergus O'Dowd (Louth, Fine Gael)
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I agree with the Deputy and he is absolutely correct. As I stated earlier, what he outlined is the intention of the Minister, Deputy Hogan, and this Government. They will ensure that from when these regulations become mandatory, another case like this will never happen again. The Deputy is right in saying the process has not worked, which is why the current appalling case has come about. The breaches of the Act, as identified by Dublin City Council, have been brought through a legal process and the Act allowed it to do so; as a result the council is bringing a resolution - albeit after two years - to this process. The defects will be fixed and the families are being accommodated.

Dessie Ellis (Dublin North West, Sinn Fein)
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Does the Minister of State agree that what happened at Priory Hall is scandalous and shameless in 2011, where people in the city had to be moved from their homes into a hotel because of an unscrupulous developer and a complete lack of effective building regulations? What action will this Government take? The Minister of State spoke about local authorities but what action will the Government take to support these people? Will the Minister of State with responsibility for housing meet with the residents' committee this week and will the Government address the emergency housing needs of the residents, as hotel accommodation is totally unsuitable for residents and their families?

Nobody believes the proposed remedial works can be completed in five weeks so what accommodation will be provided for people at the end of that time? Families cannot be expected to live in hotel rooms. What about residents with mortgages on apartments which are now virtually worthless and to which they may never return? What will be done for such people? Does the Minister of State agree that we need an immediate review and fundamental reform of our building and fire safety laws because it was so-called self-regulation by developers that led to this scandal?

Fergus O'Dowd (Louth, Fine Gael)
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I agree with Deputy Ellis and the position must change radically. I stated to the two previous Deputies that the Government is absolutely committed to this. There is no reason a meeting with the residents' association cannot be accommodated as soon as possible. Those people would have experience of how badly things can go wrong in the construction industry. They are the victims but their rights have been vindicated as Dublin City Council has brought this through the courts. The High Court has ruled that the defects should be remedied.

Niall Collins (Limerick, Fianna Fail)
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Is the Department aware of how many other cases like Priory Hall are around the country? Does the Minister of State have any figures to hand? With regard to the remedial works, will the Minister of State use the auspices of his Department, through the local council, to bring an alternative developer on board? The original developer has claimed he is financially destitute, which indicates he is not in a position to carry out remedial works to any degree of satisfaction.

I echo the comments of Deputy Thomas Broughan. I heard him make similar statements in the previous Dáil with regard to having a commission of inquiry. I also echo the call to move the residents to accommodation nearer to Priory Hall because they have effectively been moved from their community. We need to relocate them in the community they have had to vacate.

Could we consider the use of some of the vacant NAMA properties in the vicinity? We have heard of the concept of social dividend and returning to the taxpayer on a social basis some of the dividend from NAMA and this could be a very good opportunity to put that to the test or put it in practice.

Fergus O'Dowd (Louth, Fine Gael)
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As I noted earlier, the Minister's powers in this respect deal with making regulations, although it is the local authority which enforces them. The statutory obligation is on the developer to fix what has gone wrong. There have been important recommendations on the suitability of the accommodation, and I take the point that if somebody has a young family, particularly over the Christmas period, living in a hotel room would create much difficulty. I suggest that the issues raised by all the Deputies in the debate be brought to the attention of Dublin City Council at the highest level so the concerns are on the record. The Deputy asked how many more cases like Priory Hall are out there, which is important and pertinent. I will ask the Department about it and ensure that the Deputy gets the answer as quickly as possible.

Robert Dowds (Dublin Mid West, Labour)
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There is one in Clondalkin built by the same developer.

Mick Wallace (Wexford, Independent)
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As the Minister of State knows, I have raised these issues before. He has indicated that the introduction of mandatory certificates of compliance for builders and designers of buildings will confirm that statutory requirements of building regulations have been met. That will not mean anything unless there is on-site supervision 100% of the time by an independent authority. An engineer would not know what kind of steel went into a foundation unless he or she was present on the site to see it. The engineer would not know if the required amount of concrete was poured, if the damp-proof course went under the wall or if the fire stop went into the cavities or the openings. When there is an inspection once a week or once a fortnight, an inspector can only see what is visible and cannot see what has already been covered up. If we expect something worthwhile from an architect or engineer signing off, they should have an assistant on-site at all times if they cannot be there themselves. That assistant could vouch for what is being signed, as it would not count for anything otherwise.

There is no doubt that the lack of local authority control is a major issue. I know only too well that there was not enough personnel for the job and the people did not have enough time to get around. One might have had a visit from a building control person once during a two-year site contract. When a floor certificate is sought at the end of the job, the Department official checks only what he or she can see. That person will ask if certain elements have been included and the developer will always tell the person what should have gone in.

Michael Kitt (Galway East, Fianna Fail)
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This is time for a Private Notice Question.

Mick Wallace (Wexford, Independent)
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The Government must try to understand what goes on in the industry and many areas must be given thought. Will the Government consult people in the industry who know what is happening because it must do so? The people doing the paperwork will not give the required cover in the area.

Fergus O'Dowd (Louth, Fine Gael)
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I agree with Deputy Wallace's comments on supervision and accountability. Mandatory accountability means developers will be accountable in law and there will be no doubt about the responsibilities. I repeat my earlier comments. The Minister, Deputy Hogan, is particularly concerned that there should be more efficient pooling of building control staff and resources across the local authority sector to ensure more effective and meaningful oversight of building activity, which is the point made very well by the Deputy. The reason the new mandatory regulations will take about 12 months to finalise is that proper and comprehensive consultation will have to take place with all the stakeholders, professional bodies and people concerned, and that process is currently under way.

Fergus O'Dowd (Louth, Fine Gael)
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I agree with the Deputy. I will bring his comments and those of the other Members to the attention of the Minister, Deputy Hogan. I suggest this will be a matter of priority for the Joint Committee on the Environment, Transport, Culture and the Gaeltacht. I will bring all their comments to the attention of the Department.

Each local authority has its own statutory responsibility. There will be an increasing focus on the professionalism across the board of different local authorities and how they deal effectively and comprehensively with this matter. If there are issues with other estates, as has been identified so clearly, as I said to Deputy Collins, I will ask the Department this evening to get an analysis for me on this matter and we will give it to Members of the Oireachtas as soon as it is available. I will ask for that as a matter of urgency.

Tommy Broughan (Dublin North East, Labour)
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Will the Department ask Dublin City Council to produce a report on the building control investigation which is ongoing? The fire safety side of this issue was raised in court this week. Has the Minister of State's Department had sight of the Hayes Higgins report that covers the devastating list of mistakes and disastrous building practices which are before us? On the matter of rehousing these residents, will the Minister of State undertake to support Dublin City Council in whatever measures it needs to take to rehouse them properly?

Fergus O'Dowd (Louth, Fine Gael)
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A key point is that it is a matter for Dublin City Council to deal with the statutory functions and duties that it has.

Tommy Broughan (Dublin North East, Labour)
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It needs funding.

Fergus O'Dowd (Louth, Fine Gael)
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The Minister has no function in this matter except in regard to the making of the regulations. Clearly, the views of Members of the Dáil and issues that they specifically mentioned will be brought to the attention of Dublin City Council.

I am not familiar with the report the Deputy mentioned but I will ensure I get a response on that issue from the Department for the Deputy

Dessie Ellis (Dublin North West, Sinn Fein)
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I raised the matter of Balgaddy estate last week and the issues that have arisen in that estate. They are not unusual in that such issues have arisen in Ballymun where shoddy work has been done in recent years and builders built developments with practically no regulations in place. We are now experiencing such problems across this city and the country. Something needs to be done to sort this out and to tighten up regulations.

There is also the debacle of pyrite damage as a result of the lack of proper regulation and proper management in quarries and other places. It is not only the builders who are guilty in this instance. We need to tighten up the regulations. I ask the Minister of State to carefully examine this area.

Fergus O'Dowd (Louth, Fine Gael)
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I will bring all the points Deputy Ellis made to the attention of the Department and the Minister, Deputy Hogan. I fully support the thrust of what he is saying. We need to get on top of all these issues, identify the problems and have them dealt with by the appropriate local authority as quickly as possible.