Debate contribution: Defective Premises
Debate contribution by Mr Gordon Lyons on .
- MLA
- Mr Gordon Lyons
- Party at the time
- Democratic Unionist Party
- Date
- 15 April 2024
- Type
- Debate contribution (made as a minister)
- Business
- Ministerial Statement
- Heading
- Defective Premises
- Assembly identifier
- Official Report component 4482458
Read the official Assembly record
Text
We are elected to this place to serve our constituents: to represent their interests and do what we can to help to improve their lives. As we know, that is not always easy, simple or straightforward. Progress can be frustratingly slow, and we often come up against barriers or hurdles to getting things done. However, that is not what our constituents expect. They want action to tackle the most pressing issues that they face. I want to update the House on the action that I have been taking to deal with an issue that has come to the fore of the public's attention in recent weeks, and requires remedy. The outcome of the recent High Court case pertaining to the apartments at Victoria Square highlighted a range of issues that adversely impact on our people. It acutely highlighted the disparity that exists between the benefits that are enjoyed by citizens elsewhere in the United Kingdom and the lack of those same protections here. However, the situation also offers the opportunity for the Assembly and Executive to, swiftly and decisively, deliver for people in Northern Ireland. Many in the Chamber will remember the horrifying scenes in London when the Grenfell Tower tragedy claimed the lives of 72 people. Following an independent review in 2018, Parliament began the process of introducing new law to provide adequate legislation and regulations to ensure that citizens and buildings are protected and safe. People in Northern Ireland deserve those same protections. The High Court case has, however, highlighted that the Limitation (Northern Ireland) Order 1989 permits actions regarding defects in residential buildings to be taken only within a six-year period in Northern Ireland. That compares to a time frame of up to 30 years elsewhere in the United Kingdom. As Minister for Communities with responsibility for housing, I was struck by that disparity in legislation between GB and NI. It places people in Northern Ireland at a clear disadvantage compared with their counterparts in other regions of the UK. It is clear that there is an urgent need for fit-for-purpose legislation that provides improved protection to all those who live in Northern Ireland. That was clear to the public as well. The public wanted to see action on that disparity, but it was not immediately clear which Minister would take it forward. Although the powers lay with DAERA, Minister Muir had indicated that he believed that it was incorrectly allocated to his Department. Following discussions with Minister Muir, I agreed that my Department would take responsibility for these issues and, last week, gave my consent to the transfer of functions order to move them from DAERA to Communities. I know that the last thing that the public wanted was for Ministers to fight over who was responsible. I am pleased that my Department was able to step up and take it on. Minister Muir and I subsequently met the Finance Minister. The need for urgency and decisive action was apparent to us. We quickly agreed to a collaborative, constructive approach to achieve urgent resolution to the issues raised. I would like to pay tribute to the cross-party collegiate support and swift action taken by my ministerial colleagues in Agriculture and Finance.
I also want to thank officials in my Department who have been working on this issue. My Department acted swiftly and took on responsibility for residential building safety. The residential building safety division was tasked to bring about this improved building safety policy and legislation, which enhances the residential building safety system for the citizens of Northern Ireland. That team will need additional resources sooner than expected, in order not to delay or impact that significant work. The extension of the limitation period for defective residential buildings is one of the matters that was already under consideration as part of the Department’s review of policy and legislation. However, I recognise the importance of that matter and the necessity to quickly bring us into line with the rest of the UK. Therefore, I am pleased to announce that I intend to bring to the Assembly and Executive, as a matter of urgency, legislation to provide the same protection associated with defective premises for citizens in Northern Ireland to that afforded elsewhere in the UK. The proposed Bill will introduce new provisions into the Limitation (Northern Ireland) Order 1989, establishing a retrospective period of up to 30 years and a prospective period of up to 15 years in which a party can take action for defective premises. It will also introduce a new clause into the Defective Premises (Northern Ireland) Order 1975, which will allow a building that contains two or more dwellings to be treated as a single dwelling for the purpose of the order. That will be based on the provisions introduced in England and Wales by sections 134 and 135 of the Building Safety Act 2022. In order for us to continue to deliver for people here, I am seeking the ongoing and urgent support of my Executive colleagues and this Assembly to ensure the swift passage of this legislation, which will provide Northern Ireland residents with the same recourse and protections as prescribed in other jurisdictions where a building is shown to be defective. Given the urgency, I am writing to Executive colleagues today to seek their support and approval to introduce new legislation under the accelerated passage process. The primary legislation will address the period under which action can be taken with regard to defective buildings and will address the unfair disparity that currently exists and disadvantages our people. I do not seek consent for the accelerated passage process lightly. I fully respect the right of the Assembly to have the normal time and scrutiny processes. However, it is not right that this discrepancy between Northern Ireland and elsewhere in the UK is left unresolved. This is an issue of grave concern, and it has the potential to impact many people right across Northern Ireland. I wanted to bring this matter to the House to keep Members updated on my intentions. I am confident that we can make the desired progress on this issue, but getting it done quickly will depend on the support and consent of the Assembly and the Executive. I hope that I can count on that support in the coming weeks. I commend the statement to the House.
The proposed legislation came about due to the fact that there is a disparity between Great Britain and Northern Ireland. Certainly, the High Court case highlighted that disparity. The Member will understand that it is inappropriate for me to comment on ongoing civil matters, but it is a positive that today we are dealing with that disparity that exists between different parts of the UK.
I will make a number of points. First, I do not have an exact timeline of how quickly legislation can be progressed. However, I hope that the Member will look at the steps that I have taken so far and will understand that I take the matter seriously and want the legislation to be progressed as quickly as possible so that the disparity no longer exists. I will do everything that I can to progress it as quickly as possible; however, some of it is out of my hands. I will require the consent and support of the Assembly, particularly on the accelerated passage process, and of the Executive. I received a letter from the Member in recent weeks on behalf of the Committee asking whether it is possible for me to fast-track any new legislation on defective buildings. I hope that that commitment from him and the Committee still stands, because that is an important hurdle that we can get over in order to progress the legislation as quickly as possible. My Department does not have a role or responsibility for people who are affected right now. My job is to try to deal with the disparity that exists in the legislation, and that is what I intend to do.
First and foremost, I hope that everyone will recognise that well-being through the safety of our citizens in Northern Ireland should be something that everybody wants to see and be part of. I understand what the Member is asking about the impact on the industry here, and it is important to say, as the Member will know from his constituency, that many of Northern Ireland's construction companies are already working in England and Wales under the increased responsibility and duties that have been placed upon them under the legislation. I believe that our local industry is incredibly resilient and has a history of adapting well to new challenges, and I have faith and confidence that it will be able to work to the standards that we hope to achieve through the legislation.
Obviously, there are a number of different hurdles and barriers in the way to getting it through, but I believe that, very soon, I will be able to send it to the Executive to get Executive consent. I will then need to get the Bill drafted and through to the Executive again. I hope that I can count on the member's support at the Committee for the accelerated passage process. I cannot give a timeline, but, again, I hope that people recognise the action that I have taken on this to date and the need that is out there for the disparity to be resolved. I want to do it as quickly as possible, and, if I have the support of the Members of the House and the members of the Executive, I believe that we can do that very quickly.
The Member will not be surprised to hear that I agree with him on the importance of having a local Assembly and Executive in place. However, they are worth having only if they are prepared to do the things that need to be done in order to improve the lives of our citizens. I hope that the Member has seen my commitment to this matter from the start. I did not want there to be a fight over which Minister would be responsible. I took it on, we made sure that the work was done in the Department, and we worked with the Finance Minister and the AERA Minister. It shows how the Assembly can deliver and get things done. Obviously, I cannot comment on ongoing civil matters. My goal is to deal with the disparity in legislation, and that is what we will do.
I thank Mr Dickson for his comments. I know that there has been some interest in the NHBC warranty. Ultimately, it is for the NHBC to decide how the legislation would affect the warranty. Mr Dickson might want to contact the NHBC. I understand that it is an issue of concern, but we do not have direct control of or responsibility for it.
I am grateful to the Member for raising that issue. It is important that the Assembly deliver on issues that matter and that people can see that Ministers have taken a collaborative approach to this in making sure not only that we get the transfer of functions order sorted out — hopefully, I will get support for the legislation — but that our Departments have been working well together in resourcing it. I am not concerned primarily with resourcing in terms of pounds; people resource is what I need. I am grateful to colleagues in other Departments, particularly the Department for the Economy, who have provided some of the human resource that we need. That is where the big challenge is at the moment. We understand that these are complex issues. We need people with the right skills, and not all of those lie in the Department for Communities. We have worked well together on that resource, and I hope that that will continue. That is one part of an overall issue of building safety that I hope to progress during this mandate. I will need to make sure that I continue to have that resource in place, and I hope that I will.
In the meantime, yes, we are getting the resource that we need. However, it is important to highlight that this is not over yet. We are starting the process and making good progress, but there is more to be done. I will continue to need the support of Executive colleagues to not just allow the legislation to progress but, importantly, make sure that I have access to the resource that I need. Perhaps that will be financial, but it is more likely to be human resource. I hope that I can continue to depend on the support of others in that regard. I think that there is a collective will to get this done, so I hope that the funding and the people will follow that.
I assume that the Member is referring specifically to the Victoria Square residents who were highlighted in the High Court case. I have not had any direct engagement with them. I am more than happy to meet the residents and explain what I intend to bring forward, but I cannot, and no one should expect me to, get involved directly in the ongoing process. It is a live civil matter, so it would be inappropriate for me to do so. However, as Minister, my door is always open; I am happy for anyone to raise with me any concerns that they have about any issue. I am happy for that to be on the agenda; I just need to make the very clear distinction between what we are trying to do here and the separate matter that is ongoing.
As I have said a number of times here this afternoon, I am not going to comment on or get involved in ongoing matters. As he will understand, it would be inappropriate for me to get involved in the specifics. However, I hope that, when the legislation is produced, it will become apparent to the Member what exactly it will do. I look forward to being able to publish that legislation.
I do not think that I have refused to meet anybody at any stage. I am more than happy for anyone to send me an invite to talk about these issues. I think that the Member previously asked me whether I would do a call-out for people to come. I am happy to meet anybody who wants to talk to me about this issue. However, this is a good day. This is a day on which a problem has been identified. We had the potential for a fight over who was responsible, but, instead, Ministers worked together to bring about a resolution to an issue that has the potential to impact people right across Northern Ireland. I want to make sure that we have legislation in place that deals with that disparity and the reason for it so that we can provide additional protection for people in Northern Ireland. That is something that everybody should welcome, and most have.
2,516 words. Text as published by the Northern Ireland Assembly.
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