Ireland

Donegal councillor and homeowners to take judicial review over defective concrete

Testing protocol ‘created and designed to circumvent existing EU concrete manufacturing regulations’, claims Frank McBrearty

Up to 5,700 houses across Donegal and Mayo are crumbling because of the presence of Mica Picture: The Bigger Picture Project
Donegal councillor and homeowners taking defective concrete judicial review
By Catherine McGinty

A Co Donegal councillor and 15 homeowners impacted by the defective concrete crisis are taking a judicial review against the Irish Government’s “flawed” testing standard.

Independent Raphoe representative Frank McBrearty Jr said the group wanted to test the legality of “flawed testing protocol I.S. 465:2018+A1:2020, designed and created by the National Standards Authority of Ireland (NSAI) on behalf of the Government”.

According to Mr McBrearty, who represents the Lifford and Stranorlar Municipal District, IS 465 was “created and designed to circumvent existing EU concrete manufacturing regulations”.

Problems with Mica blocks were first noticed in the early part of this century.
Homes crumbling in Donegal as a result of defective concrete blocks and foundations.

He said a judicial review was “imperative” given the “demonstrable failure” of both redress schemes brought forward by the government.

Mr McBrearty, who is one of those affected, said: “Increasing numbers of Donegal homeowners are discovering the Defective Concrete Blocks Grant Scheme (2020) and its replacement, the Enhanced Grants for the remediation of Dwellings Damaged by the Use of Defective Concrete Blocks in Their Construction (June 2023), cannot and will not remediate their crumbling properties.

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“This was never, ever their intended purpose. This is obvious because both schemes are underpinned by a statutory instrument (SI 25) based on an Irish Standard (IS 465) which, in the case of Donegal homeowners, tests only for mica.

“We in Donegal are entitled to challenge the legality of IS 465 by way of a judicial review based on that fact.

“We feel the Irish Standard should include all deleterious materials. We should test for everything if we are going to so things properly,” said Mr McBrearty.

He added that Donegal homeowners are currently restricted to testing for mica based on the “now scientifically discredited theory of freeze/thaw - created by the NASI”.

“Petrolab in Cornwell is telling its Donegal clients, based on a visual estimate, their core samples contain reactive iron sulphate minerals, which under EU regulation should not be present in the concrete aggregate used to manufacture the blocks,” said Mr McBrearty.

Protesters during a demonstration outside the Government Buildings in Dublin on June 15 2021 to demand a 100% redress scheme for homes and properties affected by bricks contaminated with mica. Picture by Niall Carson/PA Wire
Protesters during a demonstration outside the Government Buildings in Dublin on June 15 2021 to demand a 100% redress scheme for homes and properties affected by bricks contaminated with mica. Picture Niall Carson/PA Wire

Mr McBrearty and the homeowners are hosting a public information meeting on their judicial review.

It is taking place on Friday, May 31, in Volt House, Raphoe, at 7pm.

He added: “Everyone is very welcome to attend. Over the coming week, we will be announcing the lineup for this important meeting and outlining the work we have been carrying out concerning the much needed judicial review.”