Dáil Éireann Debate, Tuesday - 18 April 2023
808. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if he is satisfied that the current regulatory oversight and testing of quarries across this State is adequately resourced and sufficiently rigorous to prevent more defective concrete blocks being manufactured and further distress caused to victims. [17399/23]
View answerThe Construction Product Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU, regardless of where the construction products are manufactured. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.
Ultimately, the manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by The National Standards Authority of Ireland (NSAI).
Standard Recommendations set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland, for example; S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland which recommends the use of Category 1 aggregate concrete blocks that requires independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).
While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011.
Each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas. In addition, Dublin City Council - National Building Control and Market Surveillance Office (NBCMSO) has been appointed as a competent authority for the carrying out of market surveillance functions on a nationwide basis.
Building control authorities and NBCMSO are independent in the exercise of their statutory powers. Under section 159 of the Local Government Act 2001, and as such each Chief Executive is responsible for the organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.
It should be noted Ireland’s National Market Surveillance Strategy outlines a market surveillance campaign led by NBCMSO, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the Construction Product Regulations.
Last year, my Department published ‘A Guide to the marketing and use of Aggregate Concrete Blocks to EN 771-3 in Ireland’. This Guide provides guidance to economic operators (manufacturers, importers and distributors) on the marketing of aggregate concrete blocks to EN 771-3 standard, the harmonised European standard under the Construction Products Regulation. It also outlines the responsibilities of specifiers, designers, builders, certifiers and end users for compliance with the Building Regulations 1997 to 2021. This Guide was disseminated to all building control authorities, NBCMSO, industry stakeholders and interested parties.
Much work has been undertaken to strengthen the regulatory framework to ensure that products from extractive industries comply with the provisions of the Construction Products Regulation over recent years. In October 2021, I requested NBCMSO, in partnership with Donegal County Council and Geological Survey Ireland, to carry out an audit of quarries in Donegal to evaluate relevant economic operators’ compliance with the Construction Products Regulation (EU) No 305/2011 when placing relevant construction products (aggregate concrete blocks and/or aggregates for use in concrete products) on the market. This report was published in December 2022 and its recommendations are currently being implemented focusing on training, raising awareness, market surveillance etc. to further strengthen the system and compliance, this is taking place in the context of broader Programme for Government commitments.
