Councillor forced to submit FOI to Donegal County Council

An elected member of Donegal County Council has submitted a Freedom of Information (FOI) request to the organisation regarding its purchase of five dwellings in Inishowen identified as having significant mica defects.

Cllr Albert Doherty, who is Vice Chairperson of the Council's Mica Redress Committee, took the highly unusual step for an elected representative.

Speaking to Donegal Live, Cllr Doherty said he had made the FOI application due to his concerns regarding Donegal County Council's purchase of the properties at An Crannla in Buncrana. The total purchase price of the properties was €600,000.

“I have many questions and I need to have answers about the process, undertaken by Donegal County Council which led to the purchase of these properties,” Cllr Doherty said.

Referring to the Donegal County Council House Acquisition Form, which he obtained as part of his FOI, Cllr Doherty said: “I am particularly concerned about the Council's plans for the remediation of the five properties, especially the significant additional costings which may arise as they were not included in the required improvements works costings.”

The cost of the required improvements works was estimated at €68,650. The works included: boiler upgrade and insulation (€24,500); external path repair and decoration (€22,650); kitchen unit maintenance (9,000); and window and door maintenance and electric checks (€12,500).

Cllr Doherty said: “There was no word, no mention of mica [on the House Acquisition Form], so, I need to know what Donegal County Council's detailed plans are for the remediation of the five houses in question and the implications financially. And then there is a broader issue.

“It has been confirmed in Donegal County Council, in our housing stock, we have close to 1,000 plus houses which are in need of remediation and attention because they are significantly affected by Mica.

“As we press towards Budget 2022, I want to know what is being proposed by Government for Donegal County Council and, more importantly, I want to know what Donegal County Council has submitted to Government, to enable significant progress to the houses that are affected by Mica.

“On February 4, 2020, the proposed purchase of the five An Crannla houses was signed off on by housing officials and on February 7, 2020, it [the Housing Acquisition Form] was stamped as received by Donegal County Council.

“In the Housing Acquisition Form, many questions were answered in the affirmative. The ones I wish to highlight are: 'On visual inspection, the property appears to be in good condition (both structurally and generally)'. The answer was, 'Yes'. 'In the case of estates, confirm that the internal roads and services within the estate are in charge of DCC [Donegal County Council]'. The answer was, 'No'. 'If not, please confirm that you are satisfied with the standard of services within the estate'. The answer was left blank.”

Cllr Doherty said the question, 'Does this acquisition represent good value for money?' was posed towards the end of the form.

He added: “The answer to this question was, 'Yes'. Next it asked, 'Is the Housing Office satisfied in relation to any relating Management Company and pertaining obligations?' and the answer was a sound, 'Yes'.

“In another part of my FOI request, I received, 'Test Suite A: Simplified Petrography of Cut Concrete Sample' for House 4 in An Crannla. It was dated November 9, 2019. I also received, 'Test Suite A: Simplified Petrography of Cut Concrete Sample' for House 5 in An Crannla. It was dated November 10, 2019.

“Both tests were carried out by professional geologist, Robbie Goodhue, of Fastnet Analytical, on behalf of Donegal County Council.

“So, we see here is that Donegal County Council was carrying the can as regards any expenses incurred in relation to mica testing in the five An Crannla houses. I would like to know what expenses were incurred there?

“My FOI shows that two houses, Number 4 and Number 5, were investigated. I don't know if all five of the houses were tested for mica but later on I will see, regarding each house, what is required to be tested in the purchase. I think there is a discrepancy here that needs attention by Donegal County Council.”

Cllr Doherty said Mr Goodhue described the 'Concrete Condition' of House 4, on 'Visual assessment' as 'apparently sound' and the 'potential risks' as 'probable free-mica in fines with associated freeze-thaw risk if saturated'.

The 'concrete condition' of House 5, on 'visual assessment' was also 'apparently sound' and the 'potential risks' were 'probable free-mica in fines with associated freeze-thaw risk if saturated'.

Cllr Doherty continued: “Later on we see that there is a 18.4% Muscovite [mica] in House 5, according to the 'Test Suite B: X-Ray Diffraction Analysis' results I received as part of the FOI.”

Cllr Doherty did not receive 'Test Suite B: X-Ray Diffraction Analysis' results for the remaining An Crannla Houses, 1, 2, 3 or 4.

He said: “The next bit of information I find very interesting is our Council then writes about the proposed purchase of the houses to the Social Housing Capital Investment Unit (SHCIU) of the Department of Housing, and on October 9, 2020, SHCIU responds: 'I refer to your council's recent submission seeking approval to proceed with the proposed acquisition of 5 units at An Crannla, Buncrana for use as social housing'

“The Department confirmed its Architectural and Quantity Surveyor Advisors had carried out an assessment of this submission from Donegal County Council, so, what went on paper, the Council's submission, was examined and, based on the recommendations it received, the SHCIU raised no objection. It did, however, put in a number of conditions and recommended a budget of €680,650.

“In the conditions the SHCIU wanted to ensure the 'homes are delivered and purchase costs recouped before the year end 2020. It mentioned, as the houses are 'currently in the Department Long Term Leasing Scheme, and the option to extend the lease is available [Council] should provide sufficient evidence from the vendor that they are unwilling to enter into a new Long Term Lease'.

“The SHCIU then asks questions, the answers to which I am unsure off. The questions do deserve answers, however.

“Was Donegal County Council satisfied these homes were available to the general public to purchase? I am sure the Council was trusting they were, otherwise it would have pulled away. Did Donegal County Council undertake 'due diligence and be satisfied as to the condition of each dwelling, and that the budget for renovation works adequately covers the cost of all necessary remedial works?'”

Cllr Doherty said he had received no reports on Houses 1, 2 or 3 or whether the budget for the renovation works adequately covered the cost of all necessary remedial works.

He continued: “The SHCIU asked Donegal County Council to confirm that acquiring the five An Crannla houses represented 'good value for money, at the all in cost; and provide a copy of the Chief Executive Order, approving the purchase'.

“We move on then. There was a lot of work done in the period between October 9, 2020 and November 11, 2020.

“On November 11, 2020, our Director of Services at Housing, Corporate and Cultural Services, Mr Peoples approved the recommendation that Donegal County Council purchase five, three-bedroom houses at 1 to 5, An Crannla, Gransha, Buncrana, from Mr McGrory, acknowledging a report from the former Area Housing Engineer, endorsed by the Area Manager, Housing and corporate Services.

“That is the tale of 2020. However, there are questions in relation to lease terms being completed. If the lease on the five An Crannla houses was up in January 2020, how was the year 2020 allowed to unfold as it did and the vendor able to have an extra year of income?

“Surely there were stipulations these were into five and ten year leases only? Were further leases available? That is another question.

“All in all, An Crannla and the purchase of five houses leaves many, many questions that should be be answered. The purchase should have been brought to the attention of all councillors.

“The members of the Councils Mica Redress Committee, in particular, should be briefed at our next meeting which will be held shortly. Did all five houses undergo Test Suite A and Test Suite B, and if so, what were the results and when will they be made available?”

Donegal County Council's Mica Redress Committee had three meetings between May and June.

Cllr Doherty said: “According to Chief Executive, John McLaughlin, the Mica Redress Committee was the 'appropriate vehicle' for dealing with the Department and the Minister. However, we have been parked.

“It is important talks have continued but the time limited Working Group on the Defective Concrete Blocks Scheme has had to extend by a month. The 100% Mica Redress group is also, thankfully, campaigning around the need for additional support.

“However, I believe in the role of the Council and the Mica Redress Committee to be actively pursuing financial support from Government to ensure that our tenants likewise are not left behind in all resources required by Government to address this mica issue in the county.

“On a number of occasions, I have requested a delegation from Clos Padraig meet with Council officials regarding mica. I am being told that, until the Council has a better picture of the testing, it is unable to brief the tenants. That simply is not good enough.

“We need to have proper communication and information for all affected tenants and for all non-affected tenants in the same estate. They need to know whether they can improve their houses? Whether they will be staying? Whether their children will be attending local schools? Tenants who are being asked to move need to know whether they can come back? Will they be back? Will they be housed in a similar home as the one they are leaving?

“There are many, many questions for the Council to address.”

Read also:

18.4% mica in house bought by Donegal County Council

Purchase of five Buncrana mica properties a matter for County Council - Housing Department

Mica-affected houses bought by Council

€600,000 paid for five Buncrana mica-affected houses this year

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