EU Commission’s move over defective blocks crisis hailed by campaigners

The European Commission has decided to open an infringement procedure against Ireland over the defective blocks crisis which has affected thousands of homeowners in Donegal.

The decision to send a letter of formal notice to Ireland concerns a failure by the State to carry out market surveillance as required by the Construction Products Regulation. The regulation requires authorities to monitor the manufacturing and placing on the market of construction products before they are used. 

The Commission found that Irish authorities limited monitoring activities to finished buildings or finalised civil engineering projects. 

“The limitation of market surveillance activities to on-site measures endangers the free circulation of safe construction products in the Union,” the Commission said.

“Due to defective construction products, several thousand houses in Ireland suffered very serious damage,” the Commission added.

The Government  has two months to respond and address the shortcomings raised by the Commission and “in the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion".

The move follows the submission of a formal complaint against the Irish State on behalf of homeowners affected by defective concrete blocks earlier this year and a visit by an EU Parliament delegation to Donegal last year. The fact-finding mission led to a European Parliament committee calling for changes to the Irish government’s defective blocks redress scheme.  Defective blocks campaigners from Donegal have visited Brussels and told EU lawmakers of their plight.

Chair of the Mica Action Group, Lisa Hone, said the move by the EU Commission is the culmination “of a massive effort on numerous fronts”.

“Work has been ongoing to make sure all the info that was possible to provide has been provided,” she said. 

“This is the culmination of years and years of work to get to this point where the Commission feels that there is compelling evidence and they are looking for a response from the Irish government with regard to the implementation of such regulation.”

The decision is “highly significant as the EU Commission would not move unless they feel the evidence is compelling and they feel there is a case to be answered”, she said.

Ms Hone paid tribute to the efforts of defective blocks campaigner Joe Morgan and MEP Luke Flanagan in helping to secure the decision to take action.

Mr Morgan said he was delighted at the “momentous development”.  “Our objective with the EU thread of the campaign has always been to convince the Commission that there was a case to be answered in Ireland and they should get involved,” he said.

Reacting to the development, Donegal Sinn Féin TD Pádraig MacLochlainn said: “It is incredible that after all of the devastation caused by defective concrete products and the multi-billions of euro cost to the Irish people, the European Commission has to take infringement proceedings against this government for their ongoing failure to oversee this industry.”