State steered engineer reports used to downgrade mica scheme claims
The state has required engineers working on the mica scheme to submit drafts and receive guidance from the Housing Agency before final reports are accepted. These reports have been crucial in affected homeowners being awarded grants they maintain are inadequate.
Under the updated state mica scheme, applicants must have existing applications reviewed by Housing Agency-appointed engineers. In many cases these state-appointed engineers are downgrading applications to cheaper repair works.
In one instance a Donegal family’s application – which was originally awarded a full demolition and rebuild before being downgraded – was subject of back and forth between the Housing Agency and the engineering company that reviewed the application. The Housing Agency now refuses to release this correspondence, deciding only to release the final report.
Refusing to release, the Housing Agency referred to "the potential adverse impact on the financial and economic interests of the state if this record was to be released".
In Paul Gallagher’s private advice to government, the then attorney general said homeowners would pressure engineers.
“There is the added complication that many of the engineers, engaged by the homeowners, preparing reports for submission to the local authorities may not have the required degree of expertise to confidently recommend anything less than full demolition and rebuild. Furthermore, these engineers are likely to be pressurised by their clients to submit claims on that basis and it would be difficult for them to resist doing so,” wrote Gallagher, as reported by The Ditch.
Correspondence partially released under freedom of information however shows that the state is giving "comments" to its engineers – and new files created for reports – before final decisions are made.
‘The Housing Agency had reviewed the report and left comments on the file’
Arindam and Jacqueline Ghosh applied to the first state mica scheme in 2021 and hired chartered engineer Charles Byrne, one of the recommended professionals, to carry out a survey on their property.
Byrne in his report said the most appropriate remediation would be a full demolition and rebuild.
When the new state mica scheme came into effect the Ghoshes’ application was moved to the Housing Agency.
As part of this scheme the state, through the Housing Agency, assigned a new engineer – Sligo’s Jennings O’Donovan – to review the Ghoshes’ application before making a final decision.
Jennings O’Donovan downgraded the Ghoshes’ application to a cheaper partial rebuild.
The final engineer’s report was submitted in March this year. A freedom of information request however shows that Jennings O’Donovan submitted a draft report to the Housing Agency months before.
On 1 February Jennings O’Donovan submitted its draft report to the Housing Agency.
By 16 February the Housing Agency had reviewed the report and left comments on the file.
On 22 February the Housing Agency created another file of the same report.
On 8 March the Housing Agency emailed Jennings O’Donovan twice with its comments on the report.
On 11 March the Housing Agency emailed Jennings O’Donovan again – the mail again concerned the agency’s comments on Jennings O’Donovan report.
The Housing Agency refuses to release these files. It’s refusing to release: the original report on the Ghoshes’ home; the Housing Agency’s comments on this report; and its correspondence with the engineer.
On 22 March, less than two weeks after the Housing Agency’s last email to Jennings O’Donovan, the engineering company submitted its final report.
The Housing Agency has released this file under freedom of information. This report recommended a partial rebuild of the Ghoshes’ home, rather than a full demolition and rebuild.
When asked if it stands over the decision to refuse access the Housing Agency said it does.
When asked to comment on requiring an engineer to submit a draft report for review and receive comments before submitting a final report, a spokesperson said, “Reports received in a draft format is common practice before final reports are issued.”