Major update in Donegal-led EU action on construction materials - Donegal Daily

Significant progress has been confirmed in the EU Commission’s infringement proceedings against Ireland over its failure to implement proactive market surveilla...

Significant progress has been confirmed in the EU Commission's infringement proceedings against Ireland over its failure to implement proactive market surveillance of the construction industry.

The proceedings arose from formal complaints lodged by defective block campaigners in Donegal, representing those affected by the crisis.

The European Parliament’s Committee on Petitions (PETI) later visited Donegal and subsequently published a report which was highly critical of Ireland's market surveillance and building regulations.

The proceedings were then launched by the EU Commission, who this week told campaigner Joe Morgan of their intent to close them due to commitments given by the Irish Government.

Speaking to Donegal Daily , Mr Morgan - who delivered the formal complaint to the Commission - said his initial reaction was that the closure was 'premature'.

However, he said campaigners have been assured the Commission will still take an 'active role' in ensuring the promised measures are implemented.

Additionally, any failure to do so will lead to a further escalation in proceedings.

Joe, from Rathmullan, said that while the Commission recognised that the government's measures relating to the EU Concrete Products Directive (CPR) were 'not currently adequate', they have concluded that commitments are 'actively progressing'.

The Commission noted that a Building Standards Agency is to be formed by the end of 2026 'as an interim measure to centralise proactive market surveillance of the construction industry'.

They also outlined how a new Government Body, underpinned by primary legislation, namely the Building Standards Regulatory Authority (BSRA) 'will form the permanent response from Government to address the defective concrete crisis across Ireland'.

Joe said that it is understood that legislation in this regard has been confirmed as part of the summer legislative agenda.

Joe added that the Commission went on to confirm they would 'continue to take an active role in ensuring these measures are implemented as committed'.

"Failure in this regard will involve an escalation of future EU involvement," he said.

Joe said that while the establishment of the BRSA is positive, the key will be its implementation.

Members of delegation who travelled to Brussels in December 2021 (Dr Eileen Doherty, Eamon Jackson, Ann Owens, Joe Morgan, Loren Devers (Mayo) and Mary O’Regan.

"Any failure by the Irish Government to align comprehensively to the CPR will immediately be notified to those authorities in the EU who are now acutely aware of existing failures and future commitments."

Joe continued: "The Commission stated categorically that they are not stepping away. They are continuing to monitor the implementation of the Building Standards Agency and BRSA into the future.

Letterkenny guesthouse refused permission for emergency accommodation use

"Given that those steps are in play, I'm comfortable that's where we are today. But, like everything else in this crisis, it will all boil down to implementation.

"There needs to be a multi-disciplinary civil service body, who will be proactive and go to these block manufacturers and quarries and audit them, unannounced.

"It needs to be a regular, systematic approach where they'll go to quarries and verify that aggregate aligns to EU regulations."

Joe highlighted how it was 'nearly unbelievable' that the government's hand 'had to be forced' in beginning to implement market surveillance and responding to the defective concrete crisis.

"Why could they not be proactive without the need for their citizens to go to the EU?," he asked.

Joe said that while many people say the crisis should not happen again, "it's also about stopping it happening now".

"Because, it hasn't stopped. It's about drawing a line under the sand and saying, categorically, that the aggregate used in this country is fit for purpose and I don't think we're there yet."

Joe outlined how campaigners will continue to keep a close eye on what the government does next.

"The EU Commission is acutely aware of all of this and if there are any failures in the future they will be in it. If not, then we'll be on it ourselves," he said.

"We've made progress, but at the end of the day, as defective concrete homeowners, we are still very cynical about what comes next.

"I'm glad the Commission is still remaining involved and also, all of the 100% Redress Party will keep a close eye on the progress of these two bodies."

Joe highlighted the various campaigners who also played an active role in highlighting the crisis at EU level, namely Luke 'Ming' Flanagan MEP, Ann Owens, Paul Dunlop, Eileen Doherty, Andreas Leeman, the original EU Petitioners, the 100% Redress Party, Mica Action Group and affected homeowners.

This article is funded by the Local Democracy Reporting Scheme