The Minister will have one minute and other Members one minute for supplementary questions, which is open to all Members.
Other Questions.
Private Rented Accommodation.
Aengus Ó Snodaigh
Question:40 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that 239 illegal evictions were carried out against tenants in the private rented sector in 2006; if he plans to bring legal protection against eviction into line with international human rights standards; and if he will make a statement on the matter. [28620/07]
I understand the figure of 239 relates to cases reported to the Threshold organisation and that it includes threatened terminations, the majority of which were forestalled. I understand also that where an illegal eviction occurred the matter was referred to the Private Residential Tenancies Board's dispute resolution services.
It is considered that the provisions of the Residential Tenancies Act 2004 are compatible with international human rights standards as, in drafting the legislation, particular account was taken of the provisions of the European Convention on Human Rights. The 2004 Act provides significant improvement to tenants' security of tenure based on a four year tenancy cycle and a significant increase in the length of notice related to the duration of the tenancy landlords are required to give to terminate a tenancy. Once a tenancy has lasted six months, it can only be terminated during the remaining three and a half years of the cycle for a limited range of specific reasons set out in the Act.
The Act sets out the rights and obligations of landlords and tenants, including the right of tenants to the enjoyment of peaceful and exclusive occupation of their dwelling. It specifies the circumstances and conditions under which a tenancy can be terminated, which must be in accordance with the provisions of Part 5 of the Act, including the form of termination of notice. The Act provides an effective means of redress through the PRTB in the event of illegal evictions. It takes a robust approach to illegal terminations, including provision for the holding of emergency tribunals and for interim or interlocutory injunctions through the courts where necessary.
The PRTB has been effective in responding to illegal terminations and implements a fast-track approach in the resolution of such disputes. The board can also award substantial damages for stress and disruption where this is warranted. I understand the security of tenure provisions in the Residential Tenancies Act 2004 are operating well, and there is no proposal currently for amendments to these provisions. It is a function of the PRTB to keep the operation of the legislation under review and to make recommendations regarding any amendments it considers necessary.
It is good to hear the PRTB believes it has a fast-track approach and that everything is going well. It is a pity nobody else in the sector appears to believe that. I do not believe, and I wonder if the Minister of State believes, that the PRTB is properly resourced to carry out its limited functions. If it is not, what steps will the Minister take to ensure it is properly resourced and that there is no waiting period for people faced with eviction or for those who, in the event of illegal eviction, must wait far too long for redress from the PRTB? In many cases they cannot even manage to contact the PRTB by telephone.
That so many illegal evictions occur means landlords are not aware of their duties. Legislation must be strengthened and more action must be taken to ensure such evictions do not occur and security of tenure is reinforced instead of being put under threat, as is seemingly suggested here.
Does the Minister of State know how many landlords are registered with the PRTB as a percentage of the overall number?
The number of private rented accommodations registered with the PRTB has increased dramatically from a few hundred in 2002 to approximately 200,000 in 2006.
This is an important opportunity to clarify the matters of the Threshold commentary and the 239 illegal convictions. Threshold agrees that, due to early intervention, most of the cases were resolved. In 2006, illegal eviction cases accounted for 1% of all cases received by the PRTB. To date in 2007, 56 of the 1,250 cases received by the PRTB related to illegal evictions. Anyone examining the new system sees that it produces decisions, is fair to the landlord and the tenant and is expeditious compared to court proceedings.
The PRTB is not under-resourced. Spending on its services will be approximately €3.8 million, in addition to which I have secured the funding necessary for the board's move to its new headquarters early next year.
Local Authority Auditing.
Phil Hogan
Question:41 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the reason local authorities are establishing new audit committees; and if he will make a statement on the matter. [28428/07]
Expenditure by local authorities is projected to reach €9.5 billion in 2007 and it is vital that the oversight of financial management and control systems in these bodies reflects best practice. Section 5 of the Local Government (Business Improvement Districts) Act 2006, which replaced the provisions in the Local Government Act 2001, provides a framework for the establishment by local authorities of audit committees with an appropriate structure and remit.
Earlier this year, all city and county councils were asked to set up audit committees and were provided with guidance on their role, functions and membership. I am pleased that progress in their establishment has been good. Some 15 city and county councils have set up audit committees while arrangements for their establishment elsewhere are being finalised.
The new audit committees will continue the ongoing modernisation of the finance function of local authorities. Improvements already in place include the change to full accrual accounting, the professionalisation of the finance function and a greater emphasis on risk management. A new costing system for local authorities will be implemented next year to ensure that services provided by the authorities are costed on a consistent basis.
The functions of an audit committee under the new provisions are to review financial and budgetary reporting practices and procedures within a local authority, foster the development of best practice in the internal audit function, review auditors' reports and special reports and assess follow-up action by management, assess and promote efficiency and value for money, review risk management systems and make such recommendations to the authority as the committee considers appropriate in respect of these matters. An audit committee will have an independent role in advising the local authority, but it will not have executive functions.
The new provisions allow for the inclusion of outside expert membership. They should generally have five members, including at least three external members and up to two serving or retired councillors. The chair of the committee will be selected by its members. In line with best practice, this will be one of the external members.
Local government is an essential element in any democratic state. It is the machinery by which important services are provided. Everyday when we get up and go outside our doors, we see the services put in place by local authorities, such as public lighting, road infrastructure, water services, sewerage systems etc.
Does the Deputy have a question?
Each local authority has a local government auditor, director of financial services, a budget committee, finance committees etc. and each committee needs a secretariat. Are the new committees necessary? As additional staff are required to man the secretariats, will the embargo on local government staffing be lifted to accommodate their staffing requirements?
The public wants a better delivery of services. As more committees have been established within the local government system, I question whether the Better Local Government programme is working. There may be too many directors of services in small local authorities. For example, an authority with a population of 35,000 may have as many directors as an authority serving a population of 250,000.
How often will the audit committees meet and will there be secretariats to support them? Are the committees necessary?
If we are to hold local government to account financially, they are necessary. The Deputy referred to the significant role played by and the considerable expenditure involved in local government. From the budgetary process on which I have embarked, I know how important it is to have a proper local government fund.
We require efficiency at local government level. When I was a councillor, I saw expenditure on items I considered to be extravagances. Each Deputy who has served on a local authority will have seen such expenditure and wondered why the authority took that particular route. We can save money through the audit committees if they do their job properly. The idea must be considered and expanded upon.
I hope the House considers the new Green Paper on local government reform. People are examining in detail the possibility of expanding the audit committees' role. I hope this aspect will be addressed when we reach our conclusions in the Green Paper, which will be published shortly after Christmas.
All council members on the finance or budget committees are accountable to their electorates. They have done a good job to a large extent and one would not accuse elected members of wasting funding. They have a hands on approach to how their counties or cities should be developed. How often does the Minister expect the new audit committees to meet?
It will depend on what they are examining. The crucial difference is that the committees will include external members. Sometimes, if councillors were involved in decisions with expenditure implications, they could not adjudicate on their performance properly. I hope the committees will meet as often as necessary. When people are only in receipt of expenses and work is not properly remunerated, one cannot expect the same extent of work.
I did not answer the Deputy's question on the embargo. It is a separate matter, but it must be addressed if we are to have functioning local government. I want greater staff numbers. I was surprised that the same number of people is employed in local authorities as in the early 1970s. Given the population increase since then, this must be addressed.
Environmental Protection Agency.
Jan O'Sullivan
Question:42 Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government if local authorities, river basin districts and the Environmental Protection Agency will be enabled to recruit additional personnel to ensure that river basin management plans are drawn up in time for their deadline of 2009 and to enable these authorities to put in place measures to ensure compliance of waters here with the water framework directive by 2015; and if he will make a statement on the matter. [28697/07]
Paul Kehoe
Question:54 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government his views on whether the Environmental Protection Agency has adequate staffing and resources to perform its function effectively; and if he will make a statement on the matter. [28430/07]
Sean Sherlock
Question:73 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the action he will take to address the need to allocate additional resources to the Environmental Protection Agency with particular emphasis on the need for these resources for monitoring and enforcement activities by the EPA in respect of IPPC and waste licensing; and if he will make a statement on the matter. [28702/07]
I propose to take Questions Nos. 42, 54 and 73 together.
The Environmental Protection Agency was established in 1993 under the Environmental Protection Agency Act 1992 and the range and complexity of the functions it discharges have increased significantly since then. The staffing, financial and other organisational resources available to the agency have expanded commensurate with its increased responsibilities. The agency's budget for 2007 is just over €52 million and this supports a staff of 295 following the sanction of an additional 40 posts in 2005. A major extension to the agency's headquarters in Wexford has also been approved. The staffing and other resources required by the EPA are kept under review by my Department, in consultation with the agency, particularly in the light of any additional functions the agency may be required to discharge.
The necessary staffing to deal with water management in river basin districts is drawn from the relevant local authorities and a co-ordination function is exercised by a designated co-ordinating local authority in each district. I am reviewing the overall employment position in the local government sector, having regard to the need to deliver frontline services and achieve value for money within the parameters of Government policy on public service employment generally. As part of this review my Department is consulting the Department of Finance on the current ceiling on local authority staff numbers, which I have just mentioned, including impacts in increased servicing requirements and other obligations in the local government sector.
If the Minister is considering doing something about the staffing embargo, that is welcome. In an article in the current council magazine, Council Review, Mr. Ray Earle, a Dublin City Council manager of the eastern river basin district project, said the Department believes local authorities have enough staff to deal with this issue. Mr. Earle said local authorities do not have enough resources and there is an embargo on recruitment. He said staff levels are inadequate in all local authorities. This is a serious problem. The water supply has been polluted in places such as Galway. Something was recently reported about that. The cryptosporidium bacterium has serious health consequences. This is a major area in which we must take action. In complying with the water framework directive we have an opportunity to do something about water quality. Ireland has a major economic reliance on agriculture and tourism. If last year’s problems in Galway are repeated it will cause problems for our tourism industry. The Minister must make a specific commitment. I would like the Minister to say he will give local authorities more staff to do their work in this area and that the EPA will have extra staff specifically related to this directive.
I intend to provide extra staff for frontline duties. One cannot artificially divide capital investment from current spending. Once one invests in, say, a state-of-the-art sewage treatment plant, which we require to comply with our EU commitments, one needs staff to run it. Ireland is ranked No. 1 in Europe for implementation of the water framework directive and I made that a priority. It means that by 2015 our water must be of good status. We can achieve that and it is vital. I am co-operating closely with my counterpart in the North, Ms Arlene Foster, because many of these river basin districts span the Border and it requires that level of co-operation. I agree with Deputy Tuffy that providing the EPA and local authorities with staff is a requirement. I must examine doing that in the context of budgetary constraints.
Is the Minister aware of the serious situation in Bantry town river basin whereby all the sewage exits on to the tidal basin, commonly known as the Slob? Will Cork Country Council be in a position to recruit additional personnel to ensure plans exist to remedy this and meet the deadline of 2009? Will the Minister invite——
That is beyond the scope of the question.
It is beyond the scope of Deputy Sheehan.
It pertains to the environmental plans for 2009.
Deputy Sheehan knows I have been a frequent visitor to west Cork and Goleen, but it is a matter for the local authority.
The Minister should look at Goleen.
I hope to visit again some time and I am sure Deputy Sheehan will welcome me. It is a matter for the local authority in the first instance. I am happy to see what can be done. Under the water investment programme over €4.5 billion has been committed and we must continue with that job because we require good quality water by 2015.
Did the Minister say he will lift the embargo on Cork County Council to enable it to get more staff to carry out that work?
I did not say I will lift any embargo, but there is a commitment to providing frontline staff where required. We are working towards this for the EPA, my Department, NPWS and some of the local authorities.
If the Minister has not the will, he has not the way.
I, too, am concerned about the quality of our drinking water and rivers throughout the country. It was inexcusable that people in Galway had to boil their water for weeks. It took a councillor from our party to drink a pint of water for the problem to be resolved. It is inexcusable that many farmers and factories get away with polluting water and we need more policing. We need more frontline staff and it is important that the Minister employs more people immediately. To have to wait until 2015 for the water framework directive to be implemented and our water supply to be brought into line with the rest of Europe is unacceptable. Can the Minister reassure people that the water they drink is of adequate quality?
Given the extent of the problems, 2015 is not far away. Our record on the implementation of the water framework directive is second to none. I have established a contingency fund under the water services investment programme so that local authorities can draw down funding if they have a problem with cryptosporidium or any other aspect of water quality. I agree with the Deputy and I have said before that it is unacceptable in a modern, European country that people have to boil water. I am committed to ensuring we have proper quality drinking water.
I would like some clarification from the Minister. He said there is an embargo in place but that he wants to have staff recruited for this area. Can the Minister explain to the Chamber if the staff will be recruited by means of redeployment, or will they be appointed because of the expertise needed externally? Will he issue a directive, a memorandum, or some other indication to city and county managers on their position regarding the recruitment of staff in this area? Their hands are currently tied on staff recruitment, due to the embargo on the local government sector.
My Department is currently in negotiations with the Department of Finance on this issue. I have highlighted the need for extra staff in the critical areas of compliance and enforcement. These are my priorities for the upcoming budget. There is a necessity for extra staff in certain areas, such as the EPA, the national parks and wildlife section of my Department, as well as compliance and enforcement areas of local authorities. Negotiations are ongoing, but at this stage I cannot give a direct answer.
So the answer is no.
The answer is that negotiations are taking place and I am confident that we will get people, but I am not yet sure of the exact numbers. I will be happy to get back to the Deputy when I have the final figures.
So there is no directive.
Up to 30,000 tonnes of waste are not accounted for each year in this country. Can the Minister reassure the general public that this waste does not escape into our water supply system? What measures has he put in place to counteract this possibility?
That is extending the question a bit.
Is he aware of the situation in south County Longford, where the water supply could be contaminated by inadequate sewerage treatment plants in several villages there?
I do not want to get into specific local authority areas. Members quite rightly have local concerns, but on a national level we are working towards achieving good quality water throughout the country by 2015. It was mentioned that such a date is a long way away, but I would be happy if we could get full compliance by that date. The water services investment programme that I outlined shows that significant investment is being made. It will continue for the foreseeable future. Through that investment, we will get better quality drinking water and better quality water for fisheries and bathing. We hope to achieve a better environmental standard overall.
I have no doubt the Minister is aware of the great work being done at the EPA headquarters in Johnstown Castle, County Wexford. Many people are employed there thanks to decentralisation, and it is a welcome addition to County Wexford and its economy. The EPA is under severe space restrictions there. Can the Minister confirm when construction of the new extension will begin? I have no doubt he is well aware of the space required, or that the EPA has regularly been in contact with his Department about the issue.
This is a very important question.
Yes it is. I recently visited the place and Ms Mary Kelly, director of the EPA, pointed out to me the section that needed an extension and the importance of it. I cannot give the Deputy a specific start date for the extension. I told Ms Kelly that I recognised the importance of the EPA and the need to extend the building, which I also emphasised to the Minister for Finance. Unfortunately, I cannot give the Deputy a specific timeframe at this stage.
Is anything holding up the process for the extension?
No. Several players are involved, including the Department of Finance, my Department and the EPA. I hope we get improvements in capital spending which would enable the EPA to continue its work, as well as in current spending which would enable us to get more front-line staff. Both of these are equally important. Once we get more staff in, we will require more space. Sometimes when facilities are provided, people are required to fill them. I hope we can make progress because the EPA is pivotal in guaranteeing better environmental standards.
Private Rented Accommodation.
Aengus Ó Snodaigh
Question:43 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that under the Residential Tenancies Act 2004, landlords are only permitted to raise rents once a year; if his attention has further been drawn to the fact that rents rose by an average 10% in 2006 with some people experiencing 20% increases; and the plans he has to rectify this situation by introducing a new system of rent caps. [28621/07]
The Residential Tenancies Act 2004 provides that rents in the private rented sector cannot be set higher than the open market rate and that rent reviews cannot normally occur more frequently than once a year. Any tenant who considers that the rent sought exceeds the market rate or who has a complaint about a rent review can refer the issue to the Private Residential Tenancies Board for resolution. These and other provisions of the 2004 Act are based on recommendations of an independent commission on the private rented residential sector. The commission carefully considered and rejected all forms of rent control, which it found to have generally been counter productive.
The Central Statistics Office rent index indicates that rents in the private rental sector have increased by 12% in the 12 months to October 2007. However, the longer-term trend is relatively moderate with an annual average increase over the five years from October 2002 to October 2007 of 2.4% per annum.
It is a function of the PRTB to review the operation of the relevant legislation, particularly the provisions relating to rent, and to make recommendations regarding any amendments considered necessary. There are no proposals currently to amend the provisions relating to rent levels.
Threshold has stated that the poor were affected most by rent increases, particularly those dependent on social welfare payments. Those people will be squeezed out of the private rental market, but there is now a smaller social housing stock, so this will create overcrowding and homelessness. Will the Minister of State ask the PRTB to look again at the system of rent caps? There is an upward trend for rent, while the price of housing has dropped substantially, sometimes by up to 30%.
What steps can be taken to ensure that those who are availing of rent allowances do not have to top up in the black economy by paying cash to landlords? These people are under pressure because there is no other accommodation available to them. What steps will the Minister of State take to ensure that tenants are aware of their full rights for rent reviews under the 2004 Act?
Rent is generally set on the open market. It has regard to the rents charged in equivalent properties in its area. If people feel that the rent is excessive, then they have the right to refer the matter to the board, which has the right to order a reduction in that rent. However, only 1% of all cases referred to the PRTB in 2006 dealt with rent, which is an interesting figure. If a cap was put on rents between 2002 and 2005, many of those in rented accommodation would not have benefitted from the serious reductions that took place. In other jurisdictions where caps were put in place, the experience has been that it has not worked in the interest of the person renting.
The Government is anxious that enough housing units are available. Up to 700,000 new housing units have been built in ten years which means there is adequate availability of rented accommodation.
The basis of the question is the issue of standards in the renting market. While landlords can increase rents, there is no measure to increase property standards because of the absence of a licensing system. Local authorities operating the rental accommodation scheme have informed me that when tenants move from rent allowance to the rental accommodation schemes, the properties available to them are not up to scratch. There is a standard in the rental market for rent allowance recipients. As Deputy Ó Snodaigh stated, the State is subsidising substandard properties and is party to these rent increases.
Does the Minister of State intend introducing a licensing system that will guarantee core requirements of whatever rent is set? Is he aware that with the roll-out of the rental accommodation scheme, properties being let out through the HSE do not have the same standards as those properties available to rent allowance recipients?
The important issue raised by the Deputy is that of standards. The Department is anxious that the standard of accommodation is raised to improve the lifestyle of those renting. Recently, I increased the amount of funding to local authorities to examine rental properties and ensure they are up to scratch. There has been a significant increase in local authority inspections in 2006 with 9,835 inspections reported, an increase of 44% from 2005. I have allocated moneys on the basis of target inspections from local authorities. Local authorities putting an emphasis on inspecting private rented accommodation, ensuring it is up to standard, will be rewarded with more funding. There was a 50% increase in the amount of funding given this year.
The system of rent supports is a matter for the Department of Social and Family Affairs. An agreement was reached——
With respect to the Minister of State, when will he introduce a licensing system? Will he answer the question?
——and an increase that will take from mid-2007 to June 2008.
Will the Minister of State put the script down for a second and answer the question?
This will be an adequate amount of money as deemed in this arrangement.
I got no answer to my question. I will keep my supplementary concise. Does the Minister of State intend to introduce a licensing system with regard to standards in the private rented sector?
There is a system already in place that anyone renting private accommodation must be registered. If they are not registered, they are breaking the law.
On a point of order, that is a registration system, not a licensing one. They are two different matters.
Accommodation that is not up to scratch should be reported to the Private Residential Tenancies Board, PRTB, which will ensure registration and that the property in question meets the required standards. If those are not met, penalties can be imposed by the board.
That is if they answer the telephone in the PRTB.
At the risk of being out of order——
I would not want to encourage that.
——and with respect to the Minister of State, he is either being evasive or he does not understand his brief. The point is that one system is registration and the other is licensing. When the PRTB was established, it deliberately avoided the licensing system. A licensing system manager may not be a role for the board but does the Minister of State intend to introduce such a system? If I leave a dog at boarding kennel over the weekend, it must be licensed for standards. However, it is not the same for rented accommodation. The State is ploughing millions of euro through the rental accommodation scheme and rent allowance but there is no set standard because of the absence of a licensing system.
Obviously, the Deputy has not listened to the answer. It specifically states that it is a function of the PRTB to review the operation of the relevant legislation, particularly provisions relating to rent and to make recommendations and amendments that are necessary.
The Minister of State should stop being a public relations man and give an answer.
Written Answers follow Adjournment Debate.