Defective blocks campaigners to lodge complaint against Irish State with EU

A formal complaint against the Irish State on behalf of homeowners affected by defective concrete blocks is to be submitted to the EU Commission in the coming days.

The move is part of an effort by defective blocks campaigners to add pressure on the EU Commission to take action against the Irish State over its handling of the defective concrete blocks crisis and follows a visit by an EU Parliament delegation to Donegal in November last year. The report from that visit is expected soon.

Donegal campaigner Joe Morgan said a formal complaint will be lodged this week on behalf of affected homeowners, which will partner a complaint submitted to the EU Commission by Dublin law firm Coleman Legal last year.

“We can confirm today the complaint is now ready and will be submitted to the EU Commission this week,” Mr Morgan said.  

He was part of a delegation of campaigners to The EU Commission in May last year which was advised that an account of efforts within the member state to remedy the crisis was required before the Commission “would consider an escalation to EU institutions”. 

Mr Morgan said the primary objective of lodging the complaint “is to avoid subsequent generations finding themselves in the same scenario as we find ourselves today”. 

“Market surveillance of the construction industry in Ireland is reactive, at best,” he said. 

“EU Regulation requires regular testing of aggregate to establish its composition and ensure it is fit for purpose. Our complaint includes evidence from state bodies confirming Market Surveillance is in chaos in Ireland.”

Campaigners from Donegal visiting the EU Commission in May 2023. From left: Prof Paul Dunlop, Dr Eileen Doherty (Ulster University), Manfred Fuchs (EU Commission), Katharina Knapton-Vierlich (EU Commission), Joe Morgan, Dr Andreas Leeham (Empa), Lisa Hone (Mica Action Group)

The EU Commission has been supplied with a twenty-year timeline of administrative engagement with both regional and national Irish authorities provided by Debbie McCoy, a concrete lobbyist in the US as well as an academic paper published by Donegal concrete blocks campaigner Dr Eileen Doherty citing missed opportunities to learn from the pyrite crisis in Leinster.

“We have also furnished the EU Commission with evidence of two legal cases taken within the Irish legislative system,” Mr Morgan said.

“The first of these was taken by a number of families in Inishowen which ultimately failed due to claims that Insurance coverage at the quarry was not sufficient to provide compensation to families. The second of these cases being the two lead cases being taken against the State by Coleman Legal.”

Mr Morgan said the complaint also highlights the flaws with the IS465:2018, the State’s protocol to assess and categorise the damage in properties where concrete blocks are suspected to contain the minerals mica or pyrite.

Research has found that iron sulphate attack is the predominant cause of defective concrete in Donegal.

“IS465:2018 focuses solely on the presence of mica and pyrite in the blocks used for construction,” Mr Morgan said. 

“The erroneous nature of the source of the problem cited within this Irish standard calls into question remediation options cited in the same standard. Science-led analysis at the outset of the crisis could have avoided the misappropriation of funds to remedy homes which may well need to be reassessed and  need additional works up to and including full demolition.”

The action by the campaigners has been supported by Irish MEP Luke “Ming” Flanagan and The Left group in the European Parliament.