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Wednesday, 15 Feb 2023

Written Answers Nos. 73-103

EU Funding

Ceisteanna (73)

Pearse Doherty

Ceist:

73. Deputy Pearse Doherty asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if, in discussions with the EU Commission, the Government has raised the extending of the Peace IV Programme in order that projects that received funding can be completed; if he is aware that work will not begin on a project (details supplied) due to delays in An Bord Pleanála and in the Department of Housing, Local Government and Heritage jeopardising almost €12 million in EU funding; and if he will make a statement on the matter. [7587/23]

Amharc ar fhreagra

Freagraí scríofa

The Riverine Project is funded under the Shared Spaces and Services theme of the PEACE IV programme, the project is intended to create a shared community space between Lifford in County Donegal and Strabane in County Tyrone. A footbridge across the River Foyle would connect a community building and recreational parkland in Lifford with parkland in Strabane.

The project was issued with a letter of offer under the EU’s 2014-20 PEACE IV programme in July 2019. A project partnership led by Donegal County Council and Derry City and Strabane District Council then collaborated to finalise detailed designs for the project in preparation for the submission of statutory approvals, including planning permissions and relevant licences.

It now appears likely that not all such required approvals will be in place in time to deliver the Riverine project as originally envisaged, in its entirety by the end of 2023. Under EU Structural Funds regulations, PEACE IV funding must be drawn down by 31 December 2023, and no funding can be provided under the programme beyond this date.

The Riverine project partnership continues to work closely with the Special EU Programmes Body (SEUPB), the cross-border North South Implementation Body responsible for the management of the PEACE IV programme, to assess what can be delivered within 2023.

Separately and in relation to the period after 2023, the Government successfully advocated for a successor programme for the 2021-27 programming period. The new programme, PEACE PLUS, will succeed the current PEACE IV and INTERREG VA programmes, with an investment of €1.145 billion – double the size of the 2014-20 programmes. The PEACE PLUS programme has been approved by the Government, the Northern Ireland Executive, the North South Ministerial Council and the European Commission. The Financing Agreement which will underpin the programme is currently being finalised, to allow for programme opening in Q2 2023.

Housing Provision

Ceisteanna (74, 75)

Seán Sherlock

Ceist:

74. Deputy Sean Sherlock asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the estimated number of modular houses that will be built in 2023 and 2024. [5974/23]

Amharc ar fhreagra

Seán Sherlock

Ceist:

75. Deputy Sean Sherlock asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the average timeline for a site investigation report to be completed where modular housing is being constructed. [5972/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 74 and 75 together.

Since the invasion of Ukraine by Russia’s armed forces in February 2022, Ireland has welcomed almost 70,000 Ukrainian people who have fled the war in their country. The EU’s Temporary Protection Directive provides the legal framework for assisting Ukrainians entering the EU who are officially called Beneficiaries of Temporary Protection (BOTPs).

The Government’s overall humanitarian response is coordinated with our EU partners and other countries. Because of the sudden and unprecedented numbers of new arrivals in the State over such a short period of time, the Government, of necessity, has had to use a range of accommodation sources to facilitate displaced Ukrainians. These include hotels, guesthouses, former religious buildings, sports halls, youth hostels, scout dens, arenas, holiday villages and tented camps as well as space in privately owned homes pledged through the Irish Red Cross.

On 11th April 2022, the Government agreed that the Department of Housing Local Government and Heritage (DHLGH) would lead on addressing the medium and long-term need to develop capacity for Ukrainian arrivals including the possible provision of modular accommodation. A Task-force was set up, led by the DHLGH, to oversee a 3-streamed approach to rapid build, refurbishments and new builds.

On 28th June, 2022, the Government authorised the roll-out of the rapid build homes programme to provide accommodation for 2,000 Ukrainians nationals, in 500 family units at several sites across Ireland. Since then, my Office has been working collaboratively with the Department of Children, Equality, Disability, Integration and Youth as the Lead Department, and a range of other bodies such as the Department of Housing, Local Government, and Heritage, local authorities, Irish Water, ESB networks and Open Eir to deliver the rapid build home programme.

In general terms, DCEDIY require sites that are within walking distance to services such as schools, GPs, public transport, retail and childcare taking into account town population and location.

From a technical perspective, the OPW assesses criteria such as size, level ground, nearby access to all utility facilities such as waste, water, electricity and data connectivity. In addition, the availability of a separate access from a main road available to the sites, no flooding risk or historic/archaeology on or around the site are also considered a minimum criteria.

Each site is subject to a topographical survey and the ground investigations survey. It is estimated that the process takes approximately four weeks from undertaking the survey, analysing the raw data and then producing a report. Following a site investigation report, the foundation type and the attenuation to serviced water aspects of the site are ascertained. This essentially informs how the site enabling works will be carried out. Issues such as invasive species, topography of the site and dilapidation including all site boundaries are assessed.

In October and November 2022, the OPW placed two orders with the rapid build homes manufacturers, for a total of 500 homes. Subsequently, the OPW gave an additional instruction to John Sisk and Son (Holdings) Limited in December 2022, to place a third order for 200 homes in order to secure costs. The total number of homes to be delivered by the Rapid Build Programme is 700. This programme of works is due to be complete within 2023 with no current plan to extend the programme into 2024.

The manufacturing period for the production of the rapid build homes requires a minimum of 10 weeks and the timeframe for enabling works on sites is a minimum of 12 weeks. The timeline varies greatly depending on the nature and quality of site conditions, existing services and the outcome of the site investigations.

Question No. 75 answered with Question No. 74.

State Pensions

Ceisteanna (76)

James Lawless

Ceist:

76. Deputy James Lawless asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide an update and the timeframe for commencement of a pension increase (details supplied); and if he will make a statement on the matter. [7700/23]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, it was agreed under a Vhi policy introduced in 2009 that increases in pensions and preserved pensions granted would be based on the level of increases in the consumer price index (“CPI”) up to a maximum of 2%. These increases may be granted at the discretion of the company, and are subject to approval of the Minister for Health with the concurrence of the Minister for Public Expenditure and Reform.

The Code of Practice for the Governance of State Bodies and DPER Circular 16/2021 requires that any request for a Vhi pension increase must first be submitted to the Department of Health for Ministerial Approval. The standard process is that when the Minister for Health has given his approval, the Department of Health would then seek the consent of the Minister for Public Expenditure and Reform with an accompanying business case and a report prepared by NewERA on the matter. Should there be any clarifications required DPER would then engage with the Department of Health.

Any proposed increase will be given full consideration from my Department with reference to advice provided by NewERA and in accordance with the Code of Practice for the Governance of State Bodies and Circular 16/2021.

I acknowledge that cost-of-living increases are creating challenges for pensioners. My Department is currently engaging with the Department of Health in relation to pension increases to Vhi pensions and will prioritise consideration of the pension increase proposals upon the conclusion of these engagements.

Heritage Sites

Ceisteanna (77)

Brendan Griffin

Ceist:

77. Deputy Brendan Griffin asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide details of the contract for the management of a heritage site (details supplied) in County Limerick; if a contract such as this will be considered for other heritage sites in the country; and if he will make a statement on the matter. [7703/23]

Amharc ar fhreagra

Freagraí scríofa

Adare Heritage Centre is a registered charity governed by a private limited company whose purpose it is to advance the arts, culture and heritage to the benefit of the local community in the village. A number of years ago, the Office of Public Works (OPW) entered into an arrangement with the Adare Heritage Centre to provide access to Adare Castle for visitors. This was considered necessary due to the site's location. The entrance to the Castle is located off the busy N21 road, which makes vehicular access and egress difficult. There is no car parking infrastructure. Furthermore, the Castle sits on the bank of the River Maigue. For health and safety reasons, therefore, the OPW determined the site could be visited by guided tour only. The OPW provides funding for the shuttle bus and guide service which operate from Adare Heritage Centre during the summer months.

The OPW has a number of partnerships with local authorities and local community heritage groups around the country at certain National Monument sites where it would be logistically challenging for the OPW to operate a permanent or seasonal guide service. Local community and local authority partnerships can be a practical way of managing the visitor experience in such instances.

The OPW is open to considering proposals from not-for-profit local community heritage groups or local authorities in respect of sites that are suitable for managed public access.

Flood Risk Management

Ceisteanna (78)

Holly Cairns

Ceist:

78. Deputy Holly Cairns asked the Minister for Public Expenditure, National Development Plan Delivery and Reform when the Skibbereen flood defence scheme will be complete, given current delays are holding up necessary road works on the N71. [7757/23]

Amharc ar fhreagra

Freagraí scríofa

The Skibbereen Flood Relief Scheme was substantially completed on 6th June 2019.

Planning for the operation and maintenance of the scheme is ongoing in conjunction with Cork County Council, who will act as agents of the OPW in carrying out the statutory operation and maintenance of the scheme. A small number of works to address elements identified during construction and since completion of the scheme works, which were outside the main construction contract, remain to be completed and are being progressed in separate works packages.

A length of flood defence wall upstream of the footbridge in the town centre remains to be constructed, which will facilitate flood defence at a high level (for relatively rare floods) for the adjacent apartments and the town centre, as well as for a proposed future public walkway, being proposed by Cork County Council. Cork County Council is continuing to engage with the owners of a property located on Levis Quay to gain the relevant consents to construct a river walkway when completing a section of sheet piled flood protection wall on the left bank of the River Ilen. It is expected that the cost for this remaining work will be shared between Cork County Council and the OPW.

In addition, some drainage works on the N71 Cork Road, which fall outside the remit of the main scheme, have subsequently been identified as being necessary. These works are being progressed in conjunction with Transport Infrastructure Ireland (TII) and some funding is being provided by the OPW under the Minor Flood Mitigation Works & Coastal Protection Scheme.

As part of the main flood relief scheme, follow-on works are being progressed at two culverts, on Mill Road. In addition, discrete sections of rock revetments are to be installed.

All of the above works are programmed to take place in 2023.

Sports Funding

Ceisteanna (79, 80)

Catherine Murphy

Ceist:

79. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the amount of funding and the heading under which it was granted to organisations (details supplied) in 2021, 2022 and to date in 2023, in tabular form. [7541/23]

Amharc ar fhreagra

Catherine Murphy

Ceist:

80. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the amount of funding and the heading under which it was granted to organisations (details supplied) by Sport Ireland in 2021, 2022 and to date 2023, in tabular form. [7542/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 79 and 80 together.

I have referred the Deputy's question to Sport Ireland for direct reply in relation to the funding it has allocated to the organisations mentioned. I would ask the Deputy to inform my office if a reply is not received within 10 days.

In relation to capital funding provided by my Department, the Sports Capital and Equipment Programme (SCEP) is the primary vehicle for Government support for the development of sports and recreation facilities and the purchase of non-personal sports equipment throughout the country. Over 13,000 projects have now benefited from sports capital funding since 1998, bringing the total allocations in that time to over €1.15 billion. A list of all allocations under all recent rounds of the SCEP is published on my Department's website at: www.gov.ie/en/collection/471ed5-sports-capital-allocations/.

In addition, the Large Scale Sport Infrastructure Fund (LSSIF) was launched in 2018 to provide Exchequer support for larger sports facility projects where the amount sought is greater than the maximum grant available under the SCEP. The first allocations under the LSSIF were announced in January 2020 and, thus far, approximately €86.4 million has been awarded to 33 different proposals. The projects that received provisional allocations and the amounts provisionally awarded to them are published on the Department's website at www.gov.ie/en/service/4113b3-large-scale-sport-infrastructure-fund-lssif/.

A referred reply was forwarded to the Deputy under Standing Order 51
Question No. 80 answered with Question No. 79.

Tourism Funding

Ceisteanna (81)

Fergus O'Dowd

Ceist:

81. Deputy Fergus O'Dowd asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the works that have been completed to date under the €700 thousand awarded to Drogheda under Fáilte Ireland’s urban animation capital investment scheme; and if she will make a statement on the matter. [7702/23]

Amharc ar fhreagra

Freagraí scríofa

My Department's role in relation to tourism lies primarily in the area of national tourism policy and implementation of that policy is a matter for the tourism agencies, Fáilte Ireland and Tourism Ireland, as well as certain other bodies.

With specific regard to the development of tourism product offerings such as the Urban Animation Capital Investment Scheme, these are operational matters for Fáilte Ireland in line with its tourism development functions. I have referred this question to them for direct response to the Deputy. Please advise my private office if you do not receive a reply within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Departmental Funding

Ceisteanna (82)

Violet-Anne Wynne

Ceist:

82. Deputy Violet-Anne Wynne asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if grant funding is available to her Department (details supplied); and if she will make a statement on the matter. [7744/23]

Amharc ar fhreagra

Freagraí scríofa

The funding streams in my Department are not designed to specifically support the research area referred to by the Deputy.

However, the Deputy should note that the Department of Children, Equality, Disability, Integration and Youth provides an annual grant to Holocaust Education Ireland to support the national Holocaust Memorial Day.

Special Areas of Conservation

Ceisteanna (83)

Darren O'Rourke

Ceist:

83. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 416 of 8 November 2022, if a timeframe is set out for member states to comply with the requirements of Article 6.1 of the Habitats Directive; and if he will make a statement on the matter. [7449/23]

Amharc ar fhreagra

Freagraí scríofa

Article 6(1) applies to Special Areas of Conservation (SACs), of which there are currently 441 in Ireland. In accordance with Article 4(4) of the Directive, SACs come into being when Member States designate them as such. This can happen only after a site has been adopted as a Site of Community Interest (SCI) in accordance with Article 4(2). An SCI must be designated as an SAC ‘as soon as possible and within six years at the most’ after being placed on the list of SCIs. Effectively, the designation of an SCI as an SAC can be regarded as triggering the implementation of Article 6(1). Article 6(1) also applies to SCIs for which the six-year period has expired and which have not yet been designated as SAC by a member State. Article 6(1) applies to all SACs in the Natura 2000 network, and to all natural habitat types in Annex I and species in Annex II present on those sites, except for those identified as non-significant in the Natura 2000 Standard Data Form. Article 6(1) concerns SACs specifically: it does not apply to Special Protection Areas (SPAs) or other forms of designated site.

Wildlife Conservation

Ceisteanna (84)

Darren O'Rourke

Ceist:

84. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 293 of 29 November 2022, if it is the case that there are no conservation measures contained in the NPWSs published site-specific conservation objectives for the River Boyne and River Blackwater SAC site code 002299, despite indications in response to Parliamentary Question No. 326 of 11 October 2022 that a number of conservation measures apply; if he will outline plans to agree, deliver and monitor conservation measures at the River Boyne and River Blackwater SAC; and if he will make a statement on the matter. [7451/23]

Amharc ar fhreagra

Freagraí scríofa

As a rule, published Site Specific Conservation Objectives (SSCOs) for Natura 2000 sites do not contain lists of conservation measures, rather they are composed of a series of targets for the attributes of each of the qualifying interest habitats and species at the site, which, taken collectively, describe the ecological requirements for that site.

The SSCOs for the River Boyne and River Blackwater SAC, Site Code 002299 therefore do not contain a list of conservation measures. Rather, and as outlined in the reply to Question No. 293 of 29 November 2022, the conservation measures that apply to the River Boyne and River Blackwater SAC include, for example, restrictions on activities or actions that may be carried out at the site without the consent of the Minister. These activities at the site in question are known as Notifiable Actions. A list of applicable Notifiable Actions for each habitat and species is available at www.npws.ie/farmers-and-landowners/notifiable-actions/listed-habitats-and-species. These are in addition to other conservation measures operative at the site from time to time such as the National Parks & Wildlife Service (NPWS) Farm Plan Scheme, which is operating there currently.

Recent years have seen a significant change in the focus and resourcing that Ireland is giving to nature and biodiversity. The renewal and transformation of the NPWS has brought rapid progress in completing the formal designation of existing Natura sites, and the setting of detailed conservation objectives for those sites, as well as the establishment of a new conservation measures programme to support the delivery of those objectives.

Departmental Records

Ceisteanna (85)

Michael Ring

Ceist:

85. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage when documents (details supplied) will be forwarded to Mayo County Council; and if he will make a statement on the matter. [7462/23]

Amharc ar fhreagra

Freagraí scríofa

There are a number of steps that must to be completed in the process before the documents referenced in the details of the question can be issued to Mayo County Council.

My Department is currently working through this process which I expect to be completed in the coming months.

Housing Schemes

Ceisteanna (86)

Paul Murphy

Ceist:

86. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage when the review of the housing adaptation grant scheme for older people and people with disabilities will be published; and whether it will include consideration of increasing the gross income level under which households would be eligible. [7464/23]

Amharc ar fhreagra

Freagraí scríofa

Housing for All commits to reviewing the suite of Housing Adaptation Grants for Older People and People with a Disability. A report on the review of the Housing Adaptation Grants for Older People and People with a Disability has been prepared by my Department. Among the areas which the review considered are the income thresholds, the grant limits, the application and decision making processes, including supplementary documentation required.

I will be giving careful consideration to the review report and expect to make a decision on the recommendations in the report as soon as possible.

Housing Schemes

Ceisteanna (87)

Fergus O'Dowd

Ceist:

87. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if consideration is being given to expand the Croí Cónaithe scheme to include properties that could be rented to help alleviate the housing crisis; and if he will make a statement on the matter. [7536/23]

Amharc ar fhreagra

Freagraí scríofa

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. Many areas of cities, towns and villages of all sizes face the blight of vacant properties, which, if brought back into use, could add real vibrancy and provide new accommodation in those areas. The Croí Cónaithe Towns Fund is a key initiative which underpins these policy objectives set out in Pathway Four of Housing for All. In July 2022, the Vacant Property Refurbishment Grant was launched as part of the Croí Cónaithe Towns Fund. The grant benefits those who wish to turn a formerly vacant house or building into their principal private residence. The grant, which was initially launched in respect of vacant properties in towns and villages, was expanded to include eligible vacant properties in both cities and rural areas from 15 November, 2022. On 21 September 2022, the Ready to Build Scheme was launched, also funded under the Croí Cónaithe Towns Fund. Under the Ready to Build Scheme, local authorities will make serviced sites in towns and villages available to potential individual purchasers to build their homes. These sites will be available at a discount on the market value of the site for the building of a property for occupation as the principal private residence of the purchaser.When the Fund was launched, a commitment was given that the schemes funded by it would be kept under ongoing review. The schemes are focused on providing homes for applicants. There are no plans currently to extend the grant to allow for the rental of properties. However, it is intended that a comprehensive review and evaluation of the Croí Cónaithe Towns Fund will be undertaken by mid-2024.

It should be noted that there is already a scheme in place which facilitates the refurbishment of properties for rent to social housing tenants. The Repair and Leasing Scheme provides an upfront loan, to a maximum of €60,000 (including VAT) per unit, to owners of vacant properties, which require work to bring the units up to the required standard for rental. In return, the property is made available for social housing for a period of between 5 and 25 years. The cost of repairs is offset against reduced lease payments to the property owner.

Further information in respect of these schemes and the application process can be obtained from the Vacant Homes Officer in each local authority.

Vacant Properties

Ceisteanna (88)

Michael Healy-Rae

Ceist:

88. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 155 of 8 February 2023, if he will provide a breakdown of the reason 102 applications that have been rejected on the grounds on which they have been rejected; and if he will make a statement on the matter. [7576/23]

Amharc ar fhreagra

Freagraí scríofa

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. Many areas of cities, towns and villages of all sizes face the blight of vacant properties, which, if brought back into use, could add real vibrancy and provide new accommodation in those areas. The Croí Cónaithe Towns Fund is a key initiative which underpins these policy objectives set out in Pathway Four of Housing for All.

In July 2022, the Vacant Property Refurbishment Grant was launched as part of the Croí Cónaithe Towns Fund. The grant benefits those who wish to turn a formerly vacant house or building into their principal private residence. The grant, which was initially launched in respect of vacant properties in towns and villages, was expanded to include eligible vacant properties in both cities and rural areas from 15 November 2022.

Feedback on the Vacant Property Refurbishment Scheme has been very positive and my Department publishes data on applications for the Vacant Property Refurbishment Grant on its website on a quarterly basis. This data includes numbers of applications received by local authority, applications approved and rejected and application type. Data on the Vacant Property Refurbishment Grant can be accessed on my Department’s website at the following link: www.gov.ie/en/collection/4bbe4-vacant-property-refurbishment-grant-statistics/.

Of the 102 applications reported to my Department as rejected up to 31 December 2022, I understand from local authorities that over half were made to the local authorities before the expansion of the grant to cities and rural areas and therefore did not meet location requirements. All local authorities were instructed by my Department to contact applicants who had been unsuccessful due to location requirements so that they could reapply for the grant following its expansion. I understand that the remainder were rejected as they failed to meet the criteria for the scheme. The scheme is being kept under on-going review with a full review to take place by mid 2024.

Rental Sector

Ceisteanna (89)

Emer Higgins

Ceist:

89. Deputy Emer Higgins asked the Minister for Housing, Local Government and Heritage the number of RAS and HAP properties that were acquired by local authorities in 2022. [7577/23]

Amharc ar fhreagra

Freagraí scríofa

Housing for All, is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade. This includes the delivery of 90,000 social homes by 2030. Housing for All is supported by an investment package of over €4bn per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn funding through the Housing Finance Agency. Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHB) and, with this, to reduce the numbers of social homes delivered through acquisition programmes. However, acquisitions of second hand properties for social housing fall under a number of local authority and Approved Housing Body (AHB) acquisitions programmes.

In January 2022 my Department issued a circular letter to local authorities advising that social housing acquisitions by local authorities and AHB CALF acquisitions in 2022 would be focused on a number of priority areas, as follows:

- One-bedroom units to deliver on Housing First and meet the short supply in this category;

- Other properties that allow persons/families to exit homelessness; and

- Specific housing required for/suitable for individuals with a disability or other particular priority needs;

Local authorities were also advised that limited acquisitions through the Capital Assistance Scheme will also be approved, subject to the available budget for specific vulnerable cohorts, such as housing for older people, accommodation for individuals and families who are homeless and for people with a disability.In April 2022, a further circular letter issued to local authorities in relation to social housing acquisitions. The key purpose of this circular was to advise local authorities that I had reinstated the delegated sanction to local authorities in respect of social housing acquisitions which are:

(i) in one of the priority categories set out in the January circular letter;

(ii) in line with acquisition cost guidelines; and

(iii) can be completed during 2022.

The reinstatement of delegated sanction has allowed local authorities to respond more flexibility to secure acquisitions which support a household to exit or to prevent homelessness. I have requested local authorities to be proactive in acquiring properties which can prevent homelessness, including properties where a notice of termination has been issued to the tenant.

My Department publishes comprehensive programme level statistics on a quarterly basis on social housing delivery activity in all local authorities, including information on social housing acquisitions. This data is available until the end of Quarter 3 2022 and is published on the statistics page of my Department’s website, at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/. Data for Quarter 4 is currently being collated and will be published in due course.

My Department does not hold data on the occupation status of properties acquired for social housing.

Water Quality

Ceisteanna (90)

David Stanton

Ceist:

90. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 564 of 18 January 2023, if he will consider making extra funding available to compensate those affected by the ongoing boil water notice on the Whitegate Public Water Supply; and if he will make a statement on the matter. [7579/23]

Amharc ar fhreagra

Freagraí scríofa

The Uisce Éireann Water Charges Plan and Customer Charter sets out a compensation mechanism when water quality is compromised and unfit for human consumption such as when Boil Water and Drinking Water Restriction Notices apply. Business customers who pay charges are entitled to a rebate under the Customer Handbook as agreed with the Commission for Regulation of Utilities. Adjustments are made via the customers’ bills. This only applies to water used for drinking.

Implementation of the Water Charges Plan is a matter in the first instance for Uisce Éireann. Any issues, which cannot be resolved by Uisce Éireann to the satisfaction of the customer can be referred under the formal complaints process to the Commission for Regulation of Utilities (CRU).

It is worth noting that Uisce Éireann, working in partnership with Cork County Council, submitted an application for planning permission in late 2022 for a new state-of-the-art water treatment facility that will serve approximately 10,000 people in this area of East Cork.

Uisce Éireann has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.

Planning Issues

Ceisteanna (91)

Eoin Ó Broin

Ceist:

91. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if the use of the recently introduced Part 8 planning derogation is a matter for local authority managers to decide on its application or whether more specific guidance is to be issued to local authorities by his Department; and to state what this guidance will be. [7601/23]

Amharc ar fhreagra

Freagraí scríofa

Sections 3, 13 and 14 of the Planning and Development and Foreshore (Amendment) Act 2022 will, once commenced, provide a temporary exemption from the "Part 8" planning approval process for local authority own developments for social and affordable (including cost rental) housing. The commencement of these provisions, which will be supplemented by supporting regulations, will insert a new section 179A into the Planning and Development Act 2000, as amended.

This new section will require a Chief Executive to inform the elected members of a local authority of proposed housing developments which it is intended to progress under the exemption as well as to give public notice and enable public inspection of the proposals in a prescribed manner. This new provision, which is a time-limited arrangement to help expedite the provision of housing by local authorities in the context of the need to increase housing supply, will be mandatory for local authorities in strictly defined circumstances where the following criteria are satisfied:

- the land is owned by the local authority or another specified State Body;

- the land is zoned for residential development;

- the proposed development does not materially contravene the development plan or local area plan for the area;

- the proposed development is in accordance with the relevant local authority’s housing strategy;

- the land is serviced or will be serviced with the necessary supporting infrastructure or facilities within the timeframe of the development;

- the proposed development is not required to undergo environmental impact assessment under the EIA Directive or appropriate assessment under the Habitats Directive; and

- the development works are commenced by no later than 31 December 2024.

It should be noted that the role of elected members in setting the overarching framework for the development of their local area through the adoption of the development plan, associated zoning objectives and the adoption of the local housing strategy is not impacted by these temporary arrangements. The elected members will also retain their "Part 8" approval powers for all other forms of local authority own development proposals i.e. roads, bridges, waste facilities, swimming pools, fire stations, libraries, any other development works with a cost exceeding €126,000 etc. Any local authority housing proposals that are not commenced by 31 December 2024 will require "Part 8" approval by the elected members in the normal manner.It is intended to commence the new provisions, make the necessary supporting regulations and issue guidance to local authorities on the implementation of the new arrangements in the coming weeks.

Official Engagements

Ceisteanna (92)

Denis Naughten

Ceist:

92. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 341 of 31 January 2023, if the Minister of State with Responsibility for Heritage been requested to visit Lough Funshinagh, County Roscommon, by the Minister of State with Responsible for the OPW; if he has agreed to such a site visit; when he intends to visit; and if he will make a statement on the matter. [7630/23]

Amharc ar fhreagra

Freagraí scríofa

The Minister of State with responsibility for Heritage is not planning an imminent visit.

Defective Building Materials

Ceisteanna (93)

Pádraig Mac Lochlainn

Ceist:

93. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if he will task the Housing Agency and or Donegal County Council to engage with holiday homeowners in Donegal and Mayo to establish the number that would make their homes available to families with defective concrete block homes who have to find temporary accommodation while their homes are being demolished and rebuilt. [7634/23]

Amharc ar fhreagra

Freagraí scríofa

The purpose of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 is to implement and give legislative underpinning to a series of measures to improve and enhance the current grant scheme, as agreed by Government on 30 November 2021. The administrative areas of the following counties have been designated by the Act for the purposes of the enhanced grant scheme: Clare County Council; Donegal County Council; Limerick City and County Council; Mayo County Council.

The 2022 Act will be commenced once the related Regulations have been finalised. Draft Regulations have been prepared, which will be the subject of consultation with key stakeholders before the Regulation are finalised and adopted in early 2023. The consultation with key stakeholders, which is being conducted by the appointed Homeowners’ Liaison Officer, commenced this week.

The Regulations will provide for detailed matters within the 2022 Act which are to be prescribed, for example the grant rates, the damage threshold, and the form and content of various reports, certificates, forms, and declarations. Grant rates, to be included in the final Regulations, will be based upon updated regional construction costs for 2023 to be provided by the Society of Chartered Surveyors Ireland.

The enhanced (and current) Defective Concrete Block Grant Schemes are remediation grant schemes of last resort, put in place by Government in order to voluntarily assist homeowners to remediate damage caused by the use of defective concrete blocks

Under the Enhanced Grant Scheme, temporary alternative accommodation for defective concrete block homeowners is addressed, whereby vouched accommodation costs are an allowable cost within the scheme, subject to a maximum of €15,000 per household in the event that the applicant has to move out when remediation works are ongoing. Removal of contents/house components and their temporary storage and reinstatement on completion are also an allowable cost, subject to a maximum of €5,000.

The role of the Housing Agency is to act as agents for each local authority in the technical assessment, testing and categorisation of applications received as provided for in the Act, it does not have a role in identifying or securing temporary accommodation for affected homeowners.

Donegal County Council also engaged with my Department to seek approval for two facilitator posts in Donegal to support homeowners through the defective concrete block (DCB) grant scheme process. The role of the facilitators will include guiding the homeowners through the DCB application process, and facilitating the homeowner to access all other relevant support services, including options for alternative accommodation/storage. A letter of approval supporting the posts of facilitators to assist homeowners through the enhanced DCB grant scheme process has issued from my Department to the Council. Similar support will be made to available to Mayo County Council if required.

My Department has published a comprehensive “Your Questions Answered” to ensure homeowners have the most up to date information available to them. It can be accessed on my Department’s website at the following link: www.gov.ie/en/publication/775c0-defective-concrete-blocks-grant-scheme-your-questions-answered/.

Homeless Persons Supports

Ceisteanna (94)

Richard Boyd Barrett

Ceist:

94. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage to outline the measures in place to prevent homelessness outside of the current moratorium on certain notices to quit; and if he will make a statement on the matter. [7635/23]

Amharc ar fhreagra

Freagraí scríofa

The aim of the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 is to afford time for housing supply to increase and to reduce the burden on homelessness services and the pressure on tenants and the residential tenancies market. To assist in managing demands on housing services after the winter emergency period and ensure that there is no cliff edge impact on 1 April, the Act provides for deferred Notices of Termination to take effect on a phased basis over the period from 1 April to 18 June 2023.

As a further measure, I have also written to local authority Chief Executives, informing them of my decision to continue the delegated sanction to purchase homes where the tenant is at risk of homelessness, for the duration of the winter emergency period and up to the end of the transition period in June 2023.

I have introduced additional measures to increase supply, including the new voids programme with an emphasis on quick turnaround and re-letting and the pilot expansion of the Repair and Leasing scheme. I also want to make it abundantly clear that there are no impediments, from my Department’s point of view, to the acquisition of homes with HAP or RAS tenants in situ and I have strongly advised the Local Authorities to be proactive in this regard.

To enhance security of tenure for tenants, all new tenancies created on or after 11 June 2022 will become tenancies of unlimited duration once the tenancy has lasted more than six months and no valid notice of termination has been served on the tenant. A landlord may also consent to an existing tenancy being treated as of unlimited duration. The Residential Tenancies Acts 2004-2022 continues to provide that a landlord may validly terminate a tenancy on limited grounds.From 6 July 2022, Part 11 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 amends the Residential Tenancies Acts 2004-2022 to:

- Extend notice periods, by approximately two months, to be given to tenants when serving a notice of termination (where there has been no breach of tenant obligations) in tenancies of less than three years duration;

- Improve procedures where a landlord is required to make an offer of re-let;

- Require landlords to copy the RTB when serving a notice of termination; and

- Increase from 28 days to 90 days, the period from the date of receipt of a ‘no fault’ NOT for a tenant to submit a dispute as to the NOT’s validity to the RTB for resolution.

Local authorities already oversee a range of homeless prevention and tenancy sustainment measures. Many of these services, including those operated on behalf of local authorities by NGOs, are funded by my Department, including Threshold’s Tenancy Protection Service. This service has been instrumental in preventing homelessness in the first instance and supporting people to remain in their homes.

The Housing Assistance Payment (HAP) discretion rate has been increased to 35% and the couple’s rate has now been expanded to single persons for new tenancies. This will secure more tenancies and prevent new entries into homelessness. Local authorities are prioritising tenancy support services, prevention and the use of the Placefinder service for HAP tenancies.

In line with a commitment in Housing for All, the National Homeless Action Committee (NHAC) was established in December 2021 to ensure that a renewed emphasis is brought to collaborating across Government to implement actions in Housing for All, along with bringing better coherence and coordination of homeless-related services in delivering policy measures and actions to address homelessness.

In Q2 2022, a number of subgroups were established under NHAC to specifically examine particular issues relating to homelessness prevention. One of these subgroups was tasked with considering ‘Housing for All’ action 3.16 “enhance family support and prevention and early intervention services for children and their families through a multi-agency and coordinated approach”. This subgroup made their final recommendations at the Q4 NHAC meeting. These recommendations are now being reviewed by my Department. Furthermore, I published the Youth Homeless Strategy on 9 November 2022 that sets out 27 distinct actions to prevent young people entering homelessness.

Ultimately, increased supply across all tenures is key to eradicating homelessness. Housing supply is increasing under Housing for All. Record State investment of €4.5bn will be made available in 2023 to support the vastly expanded State home building programme, with 9,100 direct build social homes and 5,500 affordable homes.

Homeless Persons Supports

Ceisteanna (95)

Richard Boyd Barrett

Ceist:

95. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage the homeless supports that are available for individuals and families who become homeless but are above the social housing income limits; and if he will make a statement on the matter. [7636/23]

Amharc ar fhreagra

Freagraí scríofa

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of local authorities in addressing homelessness at a local level. Statutory responsibility in relation to the provision of homeless accommodation and related services rests with individual local authorities.

Under the Housing Act 1988 it is a matter for each local authority to determine whether a person is regarded as homeless; section 2 of the Act sets out the requirements in this regard. When a household has been assessed as homeless, section 10 of the Housing Act 1988, provides that a local authority may provide accommodation and related services to that household. Any household assessed as homeless may be placed into temporary emergency accommodation without the requirement to undergo a social housing assessment, allowing local authorities the flexibility that is essential to respond quickly and effectively to the various needs of cases that may arise.

I understand some local authorities use the social housing application form as a tool to assist them reach an opinion on the applicant’s ability to provide accommodation from their own resources. Notwithstanding this, it remains the case that households need not be eligible for social housing to access homeless supports and homeless households can be provided with temporary emergency accommodation without undergoing a social housing assessment. This ensures local authorities can respond effectively to the various needs of cases that may arise.

Homeless Persons Supports

Ceisteanna (96)

Richard Boyd Barrett

Ceist:

96. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage the full costs of providing emergency homeless accommodation broken down by local authority area and broken down by month over the past two years; and if he will make a statement on the matter. [7637/23]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 285 of 14 February 2023 which sets out the position in this matter.

Heritage Sites

Ceisteanna (97)

Holly Cairns

Ceist:

97. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if a dedicated conservation management plan has been put in place for the Lough Hyne Marine Nature Reserve. [7756/23]

Amharc ar fhreagra

Freagraí scríofa

The Lough Hyne Marine Nature Reserve the Reserve is managed by the National Parks and Wildlife service (NPWS) field staff in accordance with the Nature Reserve (Lough Hyne Regulations) 1981.

These Regulations govern the activities that have the potential to impact on the Reserve and include managing very limited traditional fishing , academic research, some recreational activities such as scuba diving and boat use for boats with large outboards. These activities are governed by a permit system which is managed and enforced by NPWS field staff.

Foreign Birth Registration

Ceisteanna (98)

Michael Healy-Rae

Ceist:

98. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Foreign Affairs the status of a foreign births registration application by a person (details supplied); and if he will make a statement on the matter. [7472/23]

Amharc ar fhreagra

Freagraí scríofa

My Department is responsible for processing Foreign Birth Registration (FBR) applications for people who are born abroad and claim Irish citizenship through a grandparent born in Ireland or through a parent who has claimed citizenship also through FBR, Naturalisation or Post Nuptial Citizenship.

Demand for this service increased significantly as a result of the Brexit vote in the UK. The service was also impacted by necessary Covid-19 restrictions in 2020 and 2021 and the unprecedented demand for passports seen in 2022.

During 2022, my Department implemented a number of measures to address the volume of FBR applications on hand, with a view to significantly reducing the processing time for these applications. These measures, which include increased staffing directed towards the processing of FBR applications, have had a positive impact on the waiting time for applicants. The current waiting time for FBR applications is 10 months from receipt of supporting documents, down from over 2 years in September 2022.

Foreign Birth Registration, by its nature, is a detailed and complex process, often involving official documentation relating to three generations and issued by several jurisdictions. Such documents take considerable time to validate.

With regard to the specific application about which the Deputy has enquired, the Passport Service approved the application on 10 February 2023.

Ukraine War

Ceisteanna (99)

Bernard Durkan

Ceist:

99. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs the extent to which he and his EU colleagues at the appropriate level continue to bring pressure on Russia to withdraw from Ukraine and restore peace to the area. [6895/23]

Amharc ar fhreagra

Freagraí scríofa

The response by the European Union to Russia's invasion of Ukraine has been unprecedented in its unity, firmness and determination. It has encompassed political, financial, humanitarian, military and diplomatic support for Ukraine.

The EU has also imposed the most extensive package of sanctions in its history, in response to Russia's aggression, adopting a 9th package on 16 December 2022. A total of 1,386 individuals and 172 entities have been listed to date, and broad sectoral measures have also been adopted. The EU's ban on the import of Russian crude oil came into effect on 5 December, along with a G7 oil price cap. A similar ban and price for refined petroleum products entered into force in February. It is expected that a 10th package will be adopted to mark the first anniversary of the war, further restricting technology exports and introducing new listings. Ireland has consistently supported imposing tough sanctions on Russia. To date, Irish financial institutions have frozen almost €1.8 billion of Russian assets.

EU Heads of State and Government have expressed their firm rejection and condemnation of the illegal annexations of territories in the regions of Donetsk, Luhansk, Kherson and Zaporizhzhia,, their resolve to continue to stand resolutely with Ukraine and its people, and to continue to provide strong economic, military, social and financial support to Ukraine for as long as necessary.

In January, it was agreed to increase funding under the European Peace Facility to €3.5 billion. In line with our approach to the initial Council Decision, Ireland will constructively abstain from the Assistance Measure concerning the supply of military equipment, and platforms, designed to deliver lethal force. We will instead contribute our full share to the non-lethal Assistance Measure (this will bring Ireland’s total contribution to Ukraine under the European Peace Facility to approximately €77 million.)

The EU-Ukraine Summit held on 3 February was a further opportunity for the EU to condemn in the strongest possible terms Russia's ongoing unprovoked and unjustified war of aggression against Ukraine and reiterate its commitment both to supporting Ukraine and the Ukrainian people, while increasing collective pressure on Russia to end its war and withdraw its troops.

On 9 February the European Council had an exchange of views in person with the President of Ukraine on Russia’s war of aggression against Ukraine and the European Union’s support to Ukraine and its people. The Council emphasised that the European Union would stand by Ukraine with steadfast support for as long as it takes. The Council also agreed that The European Union would maintain and seek to further increase, in consultation with international partners, collective pressure on Russia to end its war of aggression and to withdraw its troops and military equipment from Ukraine.

EU Member States have remained united in support of Ukraine throughout Russia's war of aggression and I expect this unity of purpose will continue in the coming months.

Freedom of Information

Ceisteanna (100)

Ged Nash

Ceist:

100. Deputy Ged Nash asked the Tánaiste and Minister for Foreign Affairs when his Department will satisfy its obligation to publish its freedom of information logs for 2021 and 2022; and if he will make a statement on the matter. [7643/23]

Amharc ar fhreagra

Freagraí scríofa

The Department of Foreign Affairs is diligent in ensuring that it fully complies with the Freedom of Information Act, including that it publishes at regular intervals, the logs of all non-personal Freedom of Information requests.

The logs for all such non-personal requests received each year from 2015 to 2022 are publicly available on DFA.ie at the following link www.dfa.ie/about-us/accountability/how-we-are-accountable/foi-requests/.

Over the course of 2021 and 2022, officials at the Department of Foreign Affairs received and responded to 581 Freedom of Information requests.

In responding to these requests, officials at my Department ensured that all official records that could be released to individuals, under the terms and provisions of the Freedom of Information Act 2014, were released in a timely and appropriate manner.

Should the Deputy require any further information on how my Department oversees its Freedom of Information scheme, the relevant officials may be contacted via email on foi@dfa.ie

Defence Forces

Ceisteanna (101)

Sorca Clarke

Ceist:

101. Deputy Sorca Clarke asked the Tánaiste and Minister for Defence if the temporary pause on post 1994 corporals and privates that have reached or are approaching mandatory retirement age for discharge remains in effect or if following any review, has been cancelled [7621/23]

Amharc ar fhreagra

Freagraí scríofa

Military life places unique demands on individuals and it is necessary that Defence Forces personnel are prepared to meet the challenges of all military operations. For this reason compulsory retirement ages for ranks in the Permanent Defence Force are considerably lower than in other employments.

The age and fitness profile of the Permanent Defence Force was an issue of serious concern during the 1990's and was the subject of severe criticism in a series of external reports such as those compiled by Price Waterhouse Consultants and the Efficiency Audit Group. One of the key areas identified for urgent action was the development of a manpower policy with an emphasis on lowering the age profile of Permanent Defence Force personnel.

A range of policies were introduced to ensure an appropriate age profile and levels of fitness in the Permanent Defence Force. This included fixed term contracts for the ranks of Private and Corporal (and equivalent Naval Service rank), recruited post 1 January 1994, who had a service limit of 21 years.

Arising from an adjudication in 2015, it was agreed that Privates and Corporals in receipt of Technical Pay Grades 3 and above would be allowed to serve until 50 years of age. It was also agreed that a review of contracts of service for Line Corporals and Privates and Corporals in receipt of Technical Pay 1 and 2 would be conducted. It was subsequently agreed with PDFORRA that while this review was being conducted, all Privates and Corporals recruited post 1994, would be allowed to continue in service to 31 December 2022 (or until they reach the age of 50), provided these personnel meet certain criteria during the interim period, including medical grades and fitness tests.

A joint civil/military review of mandatory retirement ages of all ranks in the Permanent Defence Force has been conducted. Included in the recommendations arising from the Review was a recommendation to provide for the continuance in service of Privates and Corporals, recruited post 1 January 1994, up to the age of 50, subject to them meeting certain criteria, including medical and fitness standards.

As current pension arrangements for personnel enlisted to the Permanent Defence Force on or after 1 January 1994, are based on date of entry to the Defence Forces, any proposals to amend the length of service requires Department of Public Expenditure and Reform consideration of the impact on costs and pensions.

In December 2021, the Minister for Defence secured agreement with the Minister for Public Expenditure and Reform which allowed for an extension in service limits for Privates and Corporals, who were recruited to the Permanent Defence Force since 1 January 1994, to remain in service up to 50 years of age.

Defence Force Regulation (DFR) A10 was subsequently amended to provide the regulatory position for the extended service of Privates and Corporals recruited to the Permanent Defence Force post 1 January 1994, from the previous 21 year service limit to the current arrangement of a mandatory retirement age of 50.

Adult Education Provision

Ceisteanna (102)

Ged Nash

Ceist:

102. Deputy Ged Nash asked the Minister for Education when her Department will act on a Labour Court recommendation that it formulates an offer of better working terms and conditions for adult education tutors working at education and training boards (details supplied); and if she will make a statement on the matter. [7490/23]

Amharc ar fhreagra

Freagraí scríofa

The Department of Education retains regulatory responsibility for the ETB sector, including further education services. Officials have been engaging with colleagues in the Department of Further and Higher Education, Research, Innovation and Science, which has policy responsibility for the further education sector, and the Department of Public Expenditure and Reform in relation to this matter and discussions are ongoing. There has been previous engagement with Unions regarding these staff and while agreement was reached on some issues, the claim to align tutors to a pay scale of an existing grade in Education and Training Boards remains unresolved. A proposal in response to the Labour Court recommendation is currently under discussion between the Departments with a view to finalising the offer to the Unions as the earliest opportunity.

Special Educational Needs

Ceisteanna (103)

Neasa Hourigan

Ceist:

103. Deputy Neasa Hourigan asked the Minister for Education if she will provide a list of schools in the Dublin area where the Minister has served a notice for additional provision for children with special educational needs under section 37A of the Education Act 1998; and the date such notices were served. [7440/23]

Amharc ar fhreagra

Freagraí scríofa

I would like to thank the Deputy for the question and would like to advise that my Department is committed, in conjunction with the National Council for Special Education (NCSE), to continue to work with parents, schools, patrons and all stakeholders to ensure that there are sufficient appropriate places for students with additional needs and to support all students to achieve their potential.

Over the last two to three years, my Department and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient special class and special school places.

These initiatives are bearing fruit with over 600 new special classes sanctioned at primary level, almost 300 new special classes sanctioned at post-primary level and five new special schools established over the last three years.

The NCSE have sanctioned 208 new special classes in Co. Dublin over the last 3 years. Of these, 156 special classes are at primary level and 52 are at post-primary level.

There are a total of 474 special classes in Co. Dublin. Of these, 367 special classes are at primary level and 107 are at post primary level.

My Department has engaged intensely with the NCSE in relation to the forward planning for new special classes for the next school year 2023/2024. This work involves a detailed review of statistical data in relation to forecasting demand for special class places, consideration of improved data sharing arrangements, and a particular focus on the provision of special classes at post-primary level. As demand for new special classes at post-primary level is expected to increase significantly over the next few years, due to increasing demographics and increasing prevalence rates, my Department and the NCSE are engaging with post-primary stakeholders in relation to the provision of special classes. My Department has also recently written to all post-primary schools to advise them of the need to begin planning to provide additional special classes.

If the recent growth in the need for special classes continues, it is expected that a similar level of special classes will be needed at primary level over the next three years as have been provided over the last three years. At post-primary level however, it is expected that we will need to double the number of new special classes being provided over the next three years. In addition, it is estimated that an additional 300 special school places may be needed over each of the next 3 years.

At local level, the NCSE is continuing to engage with schools regarding the establishment of additional special classes for the next school year 2023/2024. Every support will be made available to schools to progress the opening of special classes in the shortest possible timeframe.

The Minister has powers under Section 37A of the Education Act to direct a school to provide additional places but this power is only used as a last resort and where all reasonable efforts have failed.

This legal power to compel schools to open new special classes is only used where the following criteria apply:

- there is established need for additional places in an area

- it is considered that the schools involved in the Section 37 process have capacity to open the additional classes and

- all reasonable efforts have been made to support these schools in making the required provision.

The legislation has been used twice to date; initially in the Dublin 15 area in 2019 and more recently in the South Dublin area in 2020 in respect of primary school provision only.

The published documents relating to the two occasions where the Section 37A process was used are available at the following links: gov.ie - Section 37A Notices 2019 - Dublin North (www.gov.ie) and gov.ie - Section 37A Notices 2020 – Dublin South - Notices issued on 26 June 2020 (www.gov.ie).

It is important to note that where possible, children with special educational needs should be accommodated in mainstream education, but where the needs of the children are greater, special classes and indeed special schools are provided. Every effort must be made where special classes exist within a mainstream school to integrate the children and young people in this class with their peers in mainstream classes.

I want to reassure you also that my Department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an appropriate education.

Information on the list of schools with special classes, the types and locations of these classes is published on the NCSE website and is available at www.ncse.ie.

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