The law of the land is clear. Section 39(10)(b) of the defective concrete blocks Act 2022 sets out the powers of the appeals board. It may direct the Housing Agency or a local authority to reconsider a decision in line with the board's directions or it may replace the decision entirely with a new determination. That is what the Oireachtas intended. That is the safeguard homeowners were told they had but in place is a safeguard that is an absolute fiction. Of the appeals heard so far, the panel has found serious and significant errors of law in the Housing Agency's decisions. These are not minor matters but fundamental failures. When this has happened, every one of these cases has been sent straight back and the homeowners have been left under absolute pressure with no decisions made. Not once have these been overturned. The only power the appeals board never uses is the one that would work, which is delivering justice. Instead of independent appeals we have a closed loop where the State appeals to itself, reviews itself and then reaffirms its own decisions, sometimes doing nothing more than tidying up the paperwork. This is not independence; this is institutional self-protection. It leaves homeowners trapped in the same system that failed them, with their homes still crumbling down around them. No other appeals body in the State operates this way, not in planning appeals, not in social welfare appeals and not in procurement appeals. In every other system, when the original decision-maker gets it seriously wrong, they do not get the chance to make that decision again so why is this the standard for people and families with defective concrete homes? This week amendments are being brought forward to legislation the Government says is intended to improve the scheme for applicants. This is now essential because the Housing Agency has made failed decisions and it should not be given a second opportunity to do this. It is an error of law that has been identified. The appeals board must be required to use the power given to it by statute to issue a replacement decision and the Housing Agency must be removed from the appeals process. This will cost the State nothing. It will restore fairness and transparency. Homeowners deserve a real appeal not a circular motion dressed up as due process. They deserve a system that protects them. The Government amendment Bill this week will make it explicit that where the appeals board finds a significant error of law or fact, the board must issue a replacement decision and a case cannot be sent back to the Housing Agency that made the flawed decision in the first place. It is a really simple; it is a "Yes" or a "No".
Sentiment score: -0.05
My constituents are coming into the office all the time and are contacting us. Their lives are being determined by the decisions of the Housing Agency as to whether they can rebuild their house and move on with their lives. When they request evidence behind the life-changing decisions, they receive black pages with ink all over them. It is heavily redacted. FOI was sought and refused and then overturned by the Information Commissioner. This is not transparency. Even more alarming is the Housing Agency record retention policy. Section 7, page 8, allows draft versions of files replaced by the final versions to be disposed of. Destroying records in these circumstances is indefensible. It undermines accountability and violates best record keeping standards. It fuels fears among the homeowners that there is stuff going on. Will the Minister immediately order the Housing Agency to preserve all records and release unredacted evidence underpinning these decisions? This is a simple "Yes" or "No" question. Just give me a "Yes" or "No" answer to that question.
Sentiment score: -0.09