The Defective Blocks Ireland redress group is calling on Fine Gael MEP Colm Markey to explain his initial decision to propose a controversial ‘force majeure’ amendment to the defective blocks EU Petitions Committee Report.
The phrase, which could absolve liability, is now set to be removed as MEPs vote on the report amendment in sections this Tuesday.
DBI says there is inadequate explanation over why the ‘force majeure’ element of the amendment is being retracted.
Markey MEP has stated that the original suggestion of invoking ‘force majeure’ was “to provide flexibility around regulations such as planning to avoid further delays.”
However, last week he stated that it will be removed “avoid ambiguity and build consensus”.
The amendments were submitted by German MEP Peter Jahr of the European People’s Party, of which Fine Gael MEPs are members.
Defective Blocks Ireland is calling for clarity following a presentation the group made to 11 Irish MEPs in Brussels in September 2021, during which evidence of pyrite and pyrrhotite in blocks tested in properties across Donegal, Mayo, and other counties was outlined to the MEPs.
The DBI delegation consisted of Shaun Hegarty, Adrian Sheridan, Paul Harkin, Jamie Lee Donnelly, Dave Coleman (Coleman Legal) and the eminent expert Dr. Ambrose McCloskey, who highlighted the significance of the findings. The delegation briefed all Irish MEPs and their representatives, including Colm Markey, over a two day period and outlined the key evidence of pyrite and pyrrhotite.
The group has said that, as a member of the European Parliament, Colm Markey’s mandate is to ensure the rights and protections of Irish citizens are looked after.
“The failings of the Irish government to ensure proper oversight in the implementation of harmonised European standards and proper market surveillance is at the core of the defective block crisis. As an MEP, Colm Markey, has not fulfilled this mandate on behalf of the people in Donegal, Mayo and other counties affected by this crisis,” a spokesperson said.
Shaun Hegarty, spokesperson for Defective Blocks Ireland has asked for Colm Markey to publicly confirm he made aware of the evidence in 2021.
Hegarty said: “The definition of ‘force majeure’ in contract law relates to the concept of an act of God, an event for which no party can be held accountable. For Colm Markey to initially suggest the inclusion of a ‘force majeure’ clause, that could by definition absolve parties of liability for defects arising from defective building materials that should have been supplied according to European standards, is staggering considering he was presented with evidence of Pyrite and Pyrrhotite in September 2021. It is imperative that Colm Markey provides transparency and addresses why this evidence did not influence his decision-making process.”
“The government was also made aware of the evidence of pyrite and pyrrhotite in advance of the first Defective Concrete Blocks Grant Scheme being unveiled in 2020 by several sources. The results of testing carried out by Defective Blocks Ireland were passed to government representatives and MEPs. Why has the government chosen to ignore the scientific evidence presented to them? No government department has come forward to engage with Dr. Ambrose McCloskey and the DBI group in relation to the evidence of pyrite and pyrrhotite provided at the briefing in Brussels in September 2021. Why is this?
“Did Colm Markey and other MEPs communicate the test findings to the relevant government ministers and department officials?”
As the European Parliament prepares to vote on the defective blocks report tomorrow, Defective Blocks Ireland is calling on MEP Colm Markey to publicly acknowledge evidence presented to him and to confirm the evidence was passed to government officials in 2021.
“Property owners in Donegal deserve full transparency,” the group said.
