Debate contribution: Defective Premises Bill: Second Stage

Debate contribution by Mr Daniel McCrossan on 3 June 2024.

MLA

Mr Daniel McCrossan

Party at the time

Social Democratic and Labour Party

Date

3 June 2024

Type

Debate contribution

Business

Executive Committee Business

Heading

Defective Premises Bill: Second Stage

Assembly identifier

Official Report component 4493662

Read the official Assembly record

Text

As was stated earlier, while the SDLP has expressed concerns in Committee and in the House, we are satisfied to support the Minister today but with caution and subject to clarifications that, I hope, the Minister will provide. It is not natural territory for me as a legislator and should not be for the House to have the scrutiny process subverted in this way. Allowing 30 days for scrutiny would not in any way have added to the pain of those already affected. If anything, it would have ensured robust scrutiny, and we could have heard from stakeholders who could have added to the quality of the legislation to ensure that it does what the Minister tells us that it does, which is protecting those affected. We have concerns, and they have been touched on by various Members and raised in Committee in private session, which was agreed to with reluctance but which, due to the legal advice that we received, we had to do, and in open session. The Minister will be aware that, in the South of this island, a number of properties are affected significantly as a result of defective materials — mica, pyrite, reinforced aerated autoclaved concrete (RAAC) and other substances — in blocks. It has led to huge numbers of homeowners being affected and not being able to live in their homes; in fact, their homes are crumbling around them. It has caused huge stress to those affected. If anyone thinks that those materials stopped at the border, they need to wake up. Every day, everything goes across the border organically, both ways. If anyone thinks that the only homes affected are in Donegal, they are in for a big shock further down the line. I have no doubt whatever that quite a number of homes in my constituency contain those chemicals. I have no doubt that that is the case in Derry, Fermanagh and across Omagh and that it will be only a matter of time before that starts to come to light. In fact, if you walk around a number of estates, as I do often, because we have so many elections in this place, you will see it. It is obvious to the naked eye that there are issues. The problem is that people are not forthcoming because there is no way of dealing with it and their homes and properties would be devalued almost instantly. They would be stuck in a serious situation. I visited one such home: a poor man and woman who have worked all their lives, rearing their family, built a beautiful home on the outskirts of my constituency, and clearly the house has serious issues because of materials that were used. The question that I have for the Minister is whether the Bill will provide any protections for homeowners whose properties may have been constructed using defective building materials such as mica, pyrite or RAAC, where problems are emerging or will emerge in the future. This is a train that is undoubtedly on the tracks.

Yes.

I thank the Member for his important intervention. That is a question that is very important, particularly in the context of the Bill, if indeed the reality comes home to roost. The situation in Donegal is one of the biggest hurdles that face the Government of the day in the South of this island. We need to be prepared.

I will.

I thank Mr McGlone for his intervention, and I will give way to my colleague to answer, if he wants to intervene.

Again, it comes back to the key issue that exists in relation to our infrastructure and the processes that lead to the development of various houses. Mr McGrath gave one example of where it is a potential issue. The core question for the Minister is whether the Bill, in its current form, will provide protections for the homeowners who, I have no doubt, are and will be affected by the defective materials that their homes are built with. That is an important question because it will, ultimately, determine whether I and others in the House will put forward amendments to the Bill. I will not and cannot support a Bill that will add to their pain. The reason that a number of those homeowners are not coming forward is that they have nowhere to go and there is no advice available. I have written to the Minister and other Departments to ask whether they are aware of any examples of defective materials in homes in Northern Ireland. In every response, I have been told no, yet Derry City and Strabane District Council and other councils across Northern Ireland are aware of homes that are indeed affected. That brings me to the point raised by Mr Allister. If there is no means of accountability for those who manufacture the materials being used in defective homes, who will be held responsible further down the chain? Will it be for the House or the Executive to come to the rescue of what could be one of the biggest challenges that we could face? There has not been enough exploratory work done by the Minister's Department or other Departments on whether there are significant traces of those materials in homes across Northern Ireland. Maybe, the reason for that was the absence of functioning Institutions and an Executive over recent years, COVID etc. We have seen, in the South of this island, how quickly the pile got bigger and growing numbers of people coming forward, having been affected. Ministers in the South have told me on countless occasions that it is one of the biggest challenges to face the Government. I would like the Minister to give some clarification to the House around that, because I would like us, at least, to be prepared if indeed we are to face a similar battle. I will be shocked if we are not, because I have every belief that those materials came across the border. A further question to the Minister is about the European Convention on Human Rights (ECHR). Is he satisfied that the Bill is compliant with it? If he is — I assume that he is — can he explain to the House how he has arrived at that conclusion and how confident he is that the statement is robust and that those interests are protected? Overall, it is safe to say that this is not the right way to do business in the House. We have waited for the last few years to get this place up and running again so that we could scrutinise legislation that operates to ensure that it protects our citizens. I have concerns about elements of the Bill, and I have raised questions. I hope that the Minister answers them. However, I believe, from the information that I have received, that, overall, given its alignment with legislation in England and Wales, the Bill will improve various elements, particularly, as was rightly pointed out by Members, given the tragic incident of Grenfell Tower, where, sadly, huge numbers of people lost their lives in what should have been the safest place they could be — their own home. That is a message for the House. The most important place for any of our citizens is their own home. They need to feel safe in that environment. If the materials that their home was built with are defective, the consequences are significant not just in the potential loss of human life but in the financial implications that it poses to the individual and the stress and distress that it causes to families. We have seen that play out in a real way across Donegal. Indeed, it is important to point out that a number of Northern Irish residents who have holiday homes across Donegal are affected, and, unfortunately, they have no form of redress and have been left out as a result.

I look forward to those clarifications, and I thank the Speaker for allowing me to ask those questions.

1,341 words. Text as published by the Northern Ireland Assembly.

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