Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

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Government order to increase or decrease remediation option and ancillary grant

11. (1) Where it considers it necessary to do so, the Government may by order increase or decrease—

(a) the amount referred to in section 10 (3), or

(b) the amount referred to in paragraph (a), (b) or (c) of section 10 (4).

(2) The Government shall not make an order under paragraph (a) or (b) of subsection (1) earlier than—

(a) in the case of the first order under that paragraph, 12 months after the date of the coming into operation of this section, and

(b) in the case of subsequent orders, 12 months after the date of the coming into operation of the previous order under that paragraph.

(3) Subject to subsections (4) and (5), 3 orders may be made under subsection (1)(a) and 3 orders may be made in respect of each paragraph referred to in subsection (1)(b) from the date of the coming into operation of this section.

(4) The number of orders referred to in subsection (3) may be increased where each House of the Oireachtas passes a resolution to that effect, by such further number of orders (not exceeding 3 orders under subsection (1)(a) and 3 orders in respect of each paragraph referred to in subsection (1)(b)) as may be specified in the resolution.

(5) The Government shall not by order under subsection (1)—

(a) increase the amount referred to in section 10 (3) by more than 10 per cent of that amount, or where that amount has been increased or decreased, to an amount specified by a previous order made under subsection (1)(a), by more than 10 per cent of the amount specified by the last such order, or

(b) increase the amount referred to in paragraph (a), (b) or (c) of section 10 (4) by more than 10 per cent of the amount referred to in that paragraph, or where the amount in that paragraph has been increased or decreased, to an amount specified by a previous order made under subsection (1)(b), by more than 10 per cent of the amount specified by the last such order.

(6) In making an order under subsection (1)(a), the Government shall have regard to—

(a) the cost of construction prevailing in the designated local authority areas at the time of the making of the order, including the cost of—

(i) materials necessary to carry out remediation options, and

(ii) services and labour necessary to carry out remediation options,

and

(b) the economic circumstances of the State prevailing at the time of the making of the order, and the demands on the State’s financial resources which may occur during the period the order shall remain in effect.

(7) In making an order under subsection (1)(b), the Government shall have regard to the matter referred to in subsection (6)(b) and—

(a) in respect of an order in relation to the amount referred to in section 10 (4)(a), to the Rent Index,

(b) in respect of an order in relation to the amount referred to in section 10 (4)(b), to the Consumer Price Index, and

(c) in respect of an order in relation to the amount referred to in section 10 (4)(c), to the matters referred to in subsection (6)(a), subject to the modification that the references in that subsection to remediation options shall be considered to be references to immediate repairs.

(8) The Minister may consult such persons or commission such research as he or she considers appropriate for the purposes of preparing a draft order for consideration by the Government under this section.

(9) Where an order is proposed to be made under subsection (1) a draft of the order shall be laid before each House of the Oireachtas and it shall not be made until a resolution approving the draft has been passed by each such House.

(10) In this section—

“Consumer Price Index” means the Consumer Price Index (All Items) published by the Central Statistics Office or any equivalent index published from time to time by that Office;

“Rent Index” has the same meaning as it has in the Act of 2004.