Vol. 257 Tuesday, No. 7 24 April 2018 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 24/04/2018A00100Business of Seanad 438 24/04/2018B00200Visit of Australian Delegation ������������������������������������������������������������������������������������������������������������������������������439 24/04/2018B00350Commencement Matters 439 24/04/2018B00400Building Regulations ��������������������������������������������������������������������������������������������������������������������������������������������439 24/04/2018D00500Architectural Heritage 441 24/04/2018F01025Social Welfare Overpayments ������������������������������������������������������������������������������������������������������������������������������444 24/04/2018J00200Electronic Cigarettes 446 24/04/2018N00100Order of Business 449 24/04/2018EE00500Health and Social Care Professionals Regulations 2018: Referral to Joint Committee 467 24/04/2018EE00800Address by Commissioner Phil Hogan: Motion 468 24/04/201Councillors’ Conditions: Statements (Resumed) ��������������������������������������������������������������������������������������������������468 SEANAD ÉIREANN Dé Máirt, 24 Aibreán 2018 Tuesday, 24 April 2018 Chuaigh an Leas-Chathaoirleach i gceannas ar 230 pm Machnamh agus Paidir. Reflection and Prayer. 24/04/2018A00100Business of Seanad 24/04/2018A00200An Leas-Chathaoirleach: I have received notice from Senator Martin Conway that, on the motion for the Commencement of the House today, he proposes to raise the following matter: The need for the Minister for Housing, Environment and Local Government to consider putting in place a redress scheme to provide financial support to home purchasers who now find that their property was not properly constructed and is non-compliant with building and fire regulations. I have also received notice from Senator Victor Boyhan of the following matter: The need for the Minister for Culture, Heritage and the Gaeltacht to provide a progress update on the work of the national inventory of architectural heritage for the Dún Laoghaire- Rathdown County Council area I have also received notice from Senator Rose Conway-Walsh of the following matter: The need for the Minister for Employment Affairs and Social Protection to outline the methods used to recover overpayments of social welfare from people who are deceased; and the amount of revenue collected I have also received notice from Senator Catherine Noone of the following matter: The need for the Minister for Health to outline the research being conducted to test the effectiveness of e-cigarettes in helping Irish smokers to quit the habit. I have also received notice from Senator Colm Burke of the following matter: The need for the Minister for Employment Affairs and Social Protection to undertake a review of the community employment scheme to allow people who have reached 66 years of age to continue to work under the scheme 438 24 April 2018 I have also received notice from Senator Maria Byrne of the following matter: The need for the Minister for Justice and Equality to examine the feasibility of providing a Garda station for Castletroy, Limerick I have also received notice from Senator Michelle Mulherin of the following matter: The need for the Minister for Health to provide assurance to residents of Áras Attracta, Swinford, County Mayo, and their families, that those who do not wish to be moved out of the facility will not be forced, with particular reference to the case of a resident, details sup- plied; and that the issues raised in relation to residents’ safety, care and well-being, set out in the McCoy report, will be addressed The matters raised by the Senators are suitable for discussion I have selected the matters raised by Senators Conway, Boyhan, Conway-Walsh and Noone and they will be taken now The other Senators may give notice on another day of the matters that they wish to raise 24/04/2018B00200Visit of Australian Delegation 24/04/2018B00300An Leas-Chathaoirleach: Before I call on Senator Conway, I am sure Members of the House will wish to join with me in welcoming Mr. Geoff Howard, Member of the State Parlia- ment of Victoria, Australia, and currently deputy chair of its rural and regional committee He is accompanied by HE Mr Richard Andrews, the ambassador of Australia to Ireland On my own behalf and on behalf of all my colleagues in Seanad Éireann I extend a very warm welcome to them and good wishes for a very successful visit to Ireland 24/04/2018B00350Commencement Matters 24/04/2018B00400Building Regulations 24/04/2018B00500Senator Martin Conway: I echo the warm welcome you have issued, a Leas-Chathao- irligh, to our visitors, including the Australian ambassador to Ireland It is good to see him here I thank the Minister of State for coming into the House to take this important Commence- ment matter I have no doubt that many colleagues will be aware of people who, in good faith, either bought a house or had a house built by a contractor and who were properly bonded and insured People who either purchased or built such a house would have had professionals checking out the bonds to ensure there was proper insurance and so forth but, some years later, would have discovered defects However, when they sought redress, in some cases the builders had gone out of business There is no form of come back for them Companies have gone bust, so to speak. In some cases, people retained professional expertise who did not do their job in terms of ensuring there were proper bonds, insurance and redress in place if something were to go wrong There are such people, and thankfully they are a minority, in every county, including in my county, and we need to do something to help them because they are living in homes that are defective and, in some cases, not habitable Some of them have to move out because the 439 Seanad Éireann home has to be demolished They are in turmoil because they do not know how they will fund the retrofitting or, in some cases, the demolition and rebuilding of their homes. Much has been done to help people, particularly by this Government, but this is a group in our society that deserves some help from the Government The economy has turned a corner Building has commenced again. We are in a better position financially than we were previously. In these minority of cases, something should be done to give some comfort to people who find themselves in such a terrible position 24/04/2018C00200Minister of State at the Department of Housing, Planning and Local Government (Deputy John Paul Phelan): I thank Senator Conway for raising this issue, which I am taking on behalf of the Minister, Deputy Eoghan Murphy At the outset, I wish to acknowledge the distressing and stressful circumstances the own- ers and residents of buildings must face where building defects emerge However, in general, building defects are matters for resolution between the contracting parties involved, the hom- eowner, the builder, the developer and-or their respective insurers, structural guarantee or war- ranty scheme It is important to note that while the Department has overall responsibility for establishing and maintaining an effective regulatory framework for building standards and building control, it has no general statutory role in resolving defects in privately owned buildings, including dwellings, nor does it have a budget for such matters In this regard, it is incumbent on the parties responsible for poor workmanship and-or the supply of defective materials to face up to their responsibilities and take appropriate action to provide remedies for the affected homeown- ers The issue of legal redress for homeowners in respect of property transactions is a complex matter, with potential implications for the entire legal system as well as for the insurance indus- try. In this context, in February 2018, the Department wrote to the Law Reform Commission and also corresponded with those involved in the review of the administration of civil justice in Ireland requesting that they consider the issue of effective and accessible legal remedies for homeowners who discover defects in their homes Under the Building Control Acts 1990 to 2014, primary responsibility for compliance of works with the requirements of the building regulations, including Part B on fire safety, rests with the owners, designers and builders of buildings Enforcement of the building regulations is a matter for the 31 local building control authorities, which have extensive powers of inspec- tion and enforcement under the Acts and which are independent in the use of their statutory powers In August 2017, the Department published a framework for enhancing fire safety in dwell- ings where concerns arise The framework is intended to be used as a guide by the owners and occupants of dwellings where fire safety deficiencies have been identified or are a cause for concern The framework will also be of assistance to professional advisers, both in developing strategies to improve fire safety and in developing strategies to enable continued occupation in advance of undertaking