Written Answers Nos. 117 - 123
117. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government the amount of funding the Irish Local Development Network receives directly and indirectly from his Department to run its national body; the other funding the ILDN receives from his Department; and if he will make a statement on the matter. [47318/13]
Amharc ar fhreagraThe Irish Local Development Network (ILDN) is the umbrella organisation for Local Development Companies (LDCs). These LDCs deliver both the Local and Community Development Programme (LCDP) and the Rural Development Programme 2007-2013 (RDP) on behalf of my Department. My Department has an annual contract with ILDN, and this is renewed on the basis of an agreed and costed annual work plan. The funding provided by my Department to ILDN under the annual contract supports a range of consultative, networking, communication, information and promotional purposes. The amount the ILDN will receive, in total, from my Department in 2013, is €171,000.
118. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government if he will consider reviewing the impact of laws on receivership on residential tenants; if he will consider putting in place provisions to protect the rights of the one in five families living in private rented housing if they should be faced with a situation where a receiver is appointed so that the statutory and contractual obligations of the landlord apply equally to the receiver who may be in receipt of rent being paid; and if he will make a statement on the matter. [47319/13]
Amharc ar fhreagraThe Residential Tenancies Act 2004 provides the main regulatory framework for the private rented residential sector and for the operation of the Private Residential Tenancies Board. The Act provides for security of tenure and specifies minimum obligations for landlords and tenants under a tenancy. In addition, the Act contains provisions relating to the setting of rent and rent reviews and sets out the procedures and notice periods that must be complied with when terminating a tenancy. In circumstances where a receiver is appointed in respect of a rented dwelling it is important that the rights of tenants under both tenancy agreements and the Residential Tenancies Act are protected. While the circumstances of each case may vary depending on how a receiver is appointed the statutory or contractual rights of tenants should not be compromised.
Arising out of my concerns on this issue, I met with the Irish Banking Federation in relation to the provision of guidance in regard to receivers and their responsibilities towards tenants. As a result of that meeting the IBF has published a guide to receivership for residential tenants. I am also examining whether amendments to the Residential Tenancies Act, in the context of the Residential Tenancies (Amendment) (No. 2) Bill 2012, could help to bring greater clarity in this area that would be of benefit to tenants and indeed to receivers in how they fulfil their functions. The Bill was passed by the Dáil and is currently before the Seanad.
119. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government the position regarding Muslim burials in Dundalk, County Louth; and if he will make a statement on the matter. [47336/13]
Amharc ar fhreagraThe provision and management of burial facilities in the Dundalk area is entirely a matter for the Dundalk Joint Burial Board. My Department has no function in relation to the matter raised in the Question.
120. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will clarify the situation regarding high commercial rates of from €37,000 to €90,000 each year for businesses such as hotels, pubs and restaurants as it is damaging employment in this sector. [47350/13]
Amharc ar fhreagraLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority. The annual rate on valuation (ARV), which is applied to the valuation for each property determined by the Valuation Office, to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function. Rates income is a very important contribution to the cost of services provided by local authorities such as roads, public lighting, development control, parks and open spaces. Locally elected members adopt the annual rate on valuation they consider necessary in order to provide the required services.
I am acutely aware of the pressures on businesses at the present time. Local authorities have been asked by my Department to exercise restraint or, where possible, to reduce commercial rates and local charges for 2013. Local authorities have responded well to such requests in recent years and in 2013, 87 out of the 88 rating authorities have either reduced their ARV or kept it the same as in 2012.
Local authorities have a leading role in creating a pro-enterprise supportive environment to generate new jobs and sustain existing ones. They are committed to local economic development, and are best placed to meet many of the needs of businesses, in terms of infrastructure, local promotion and other key enabling measures. Under the Action Plan for Jobs, the local government sector has developed a sectoral strategy, Supporting Economic Recovery and Jobs – Locally, to promote employment and support local enterprise, including measures in the area of business charges, local enterprise and business support arrangements, procurement support, local development and community-based initiatives, the Green Economy and participation in employment support schemes. I will continue to keep the approach to rates by local authorities under active review, and am determined that every avenue will be pursued to optimise efficiency and contain costs in the local government sector.
121. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government his views on the benefits of designating parts of cities as quiet areas; if he will provide details of any quiet areas that he has already designated; if he will consider designating areas of Cork city as quiet areas; and if he will make a statement on the matter. [47376/13]
Amharc ar fhreagraThe Environmental Noise Directive (END) 2002/49/EC sets out certain requirements for the assessment and management of environmental noise, in particular from road and rail infrastructure as well as major airports. The END aims to define a common approach intended to avoid, prevent or reduce on a prioritised basis the harmful effects, including annoyance, due to exposure to environmental noise.
The END was transposed into national law by the Environmental Noise Regulations 2006, which set out a two-stage process for addressing environmental noise. Firstly, noise must be assessed through the preparation of strategic noise maps for areas and infrastructure falling within defined criteria. Secondly, based on the results of the mapping process, the Regulations require the preparation of noise action plans for each area concerned. The fundamental objective of noise action plans is the prevention and reduction of environmental noise. Responsibility for noise action planning is assigned to local authorities. The latest round of noise mapping was undertaken during 2012. Local authorities subsequently prepared related noise action plans for the period July 2013 to November 2018. These plans were made available for public consultation before being finalised.
The measures proposed by noise action plans may include the designation of ‘quiet areas’. The Regulations require that a local authority undertakes consultation with the Environmental Protection Agency (EPA) before submitting a proposal for quiet area designation to me for approval. Proposed quiet areas should have existing low levels of exposure to environmental noise with naturally occurring sounds being the dominant sound source. The purpose of a quiet area designation is to preserve a location as a public amenity space by protecting it from increased exposure to environmental noise. The designation could affect future development in the vicinity of a quiet area if it has the potential adversely to impact on existing low noise levels.
As part of the noise action plan for the Dublin agglomeration, Dublin City Council proposed 8 locations around the city as being suitable for quiet area designation under the Regulations. These are as follows: Blessington Basin, Blessington Street, Dublin 1; Edenmore Park, Raheny, Dublin 5; Mount Bernard Park, Shandon Park, Phibsborough, Dublin 7; Dollymount SAA, Clontarf, Dublin 3 (terrestrial area only, excluding sloblands); St. Anne’s Park Raheny, Dublin 5; Palmerston Park, Dartry, Dublin 6; Ranelagh Gardens, Ranelagh, Dublin 6; and The Cabbage Gardens, Cathedral Lane, Dublin 2.
Following consideration of the Dublin City Council proposal, I announced on 7 August 2013 that I had approved these locations as being suitable for quiet area designation. To date no other local authorities have submitted proposals for quiet areas. If considered appropriate as part of its own noise action planning and management, Cork City Council may identify suitable locations for quiet area designation within Cork City and, following consultation with the EPA, submit a proposal to me for consideration.
123. Deputy John Lyons asked the Minister for the Environment, Community and Local Government the position regarding the introduction of the housing assistance payment; and if he will make a statement on the matter. [47389/13]
Amharc ar fhreagraIn March 2012, the Government approved in principle the transfer of responsibility for recipients of rent supplement with an established housing need from the Department of Social Protection (DSP) to local authorities using a new Housing Assistance Payment (HAP). On 18 July 2013, the Government approved the introduction of HAP including the provision of funding to the local authorities to cover the costs of accommodating HAP claimants. My Department and the DSP continue to work closely on the legal, policy and operational issues involved in developing and introducing HAP. My Department is also working closely with the County and City Managers Association (CCMA) in overseeing plans for the implementation of HAP, but more specifically at this stage in relation to the test phase, which is planned for 2014 (subject to the enactment of the relevant legislation).
