Markey says ‘force majeure’ will not be included in final draft of EU report

With the European Parliament set to vote on a key report on defective blocks next week, Midlands North West MEP Colm Markey says he has sought alterations to a number of amendments on foot of concern from homeowners.

The Fine Gael representative, who was one of the members of the deputation which visited Donegal and elsewhere last year, says the controversial use of the phrase ‘force majeure’ will now be removed.

In a statement, Mr Markey acknowledges that while he intended the force majeure reference in the initial amendment to provide flexibility around regulations such as planning, some have interpreted it differently.

He says having re-engaged with some of the key representatives from the action groups who have concerns about the phrase, but do not want to lose the other very positive elements of the amendment, he has ensured the amendment will be voted on in sections.

This means the phrase “force majeure” will be removed, while the other positive elements of the amendment will remain.

Separately, Mr Markey says he is concerned about a deletion in Amendments 2 and 3 that removes important wording at a technical level. He says he has asked for these amendments to be withdrawn, that has happened.

He says ensuring market surveillance is a vital aspect of the overall report and is something we have always pushed for.

Mr Markey says he anticipates widespread support across the political groups.

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Statement in full –

Statement from Colm Markey MEP on EU Mica Report

 

“Over the past number of years, I have actively engaged with the homeowners affected by the defective concrete block crisis. I fully appreciate the extremely difficult situation they find themselves in and the enormous impact it is having on their lives. I have always sought a comprehensive scheme with reduced bureaucracy that addresses all the issues, while also holding those responsible to account and ensuring it doesn’t happen again. 

As part of this work, I attended a European Parliament fact-finding mission to Ireland in November 2023 and made many suggestions, which were included in the draft report.

Further to this, I engaged with various Mica action groups to formulate a number of amendments to further strengthen the report- and submitted them through the office of my colleague MEP Peter Jahr, who is a member of the relevant Committee (PETI). 

One of these, Amendment 10, has garnered recent attention. It includes wording, to ensure that the worst affected homeowners are prioritised. It recognises the banks need to take a more proactive role to address the impact, including offering more sympathetic lending conditions such as zero-interest loans and providing bridging finance to enhance the effectiveness of the scheme.  It also advocates for a comprehensive wraparound service, which is adequately resourced, easily accessible, and operates during regular office hours, to assist affected homeowners.

 

The amendment also refers to the possibility of invoking ‘force majeure’ in order to provide flexibility around regulations such as planning etc. to avoid further delays. The use of this phrase has raised some concerns, as some have interpreted it differently.

 

I have re-engaged with some of the key representatives from the action groups who equally have concerns about the phrase ‘force majeure’ however they do not want to lose the other very positive elements of the amendment.

To avoid ambiguity and build consensus, I have ensured that the amendment will be voted on in sections, which is allowable under the procedures. This means the phrase “force majeure” will be removed, while the other positive elements of the amendment will remain. 

Separately, I am concerned about a deletion in Amendments 2 and 3 that removes important wording. This happened at a technical level and is something we would not be in favour of removing. Having sought clarification, and to ensure the original wording remains, we have asked the relevant office to withdraw these amendments and they are happy to do it. Ensuring market surveillance is a vital aspect of the overall report and is something we have always pushed for.

I anticipate widespread support across the political groups for this position as this is what the MICA representatives have indicated is the preferred course of action.”

ENDS

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