Vol. 685 No. 4
31 Deputy Bernard Allen asked the Minister for the Environment, Heritage and Local Government if he will introduce new planning guidelines for the urban and village centres; and if he will make a statement on the matter. [25116/09]
The proper planning and sustainable development of urban and village centres is underpinned by the legislative and regulatory frameworks set out in planning legislation and existing statutory planning guidance.
Building on the 2007 Guidelines for Planning Authorities on Development Plans which comprehensively deal with the function, content, process and implementation of development plans as a blueprint for the economic and social development of cities and towns, including their central areas, my Department issued Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas in December 2008. These promote high quality, sustainable residential development at all levels of the urban hierarchy, including towns and villages. The Guidelines provide more specific advice on coordinated planning and development of such areas. Best practice examples and processes to implement the Guidelines were provided in an accompanying Urban Design Manual.
The Retail Planning Guidelines for Planning Authorities support the vibrancy and vitality of city, town and village centres. My Department will carry out a limited review of these Guidelines later this year. In addition, my Department will prepare draft guidelines on local area plans which are statutorily required for all towns with a population in excess of 2,000 people and which are increasingly used in the planning of strategic developments.
32 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government the position in relation to the establishment of an independent electoral commission; and if he will make a statement on the matter. [24925/09]
The Programme for Government contains a commitment to the establishment of an independent Electoral Commission which will take responsibility for electoral administration and oversight, implement modern and efficient electoral practices, revise constituency boundaries, take charge of compiling a new national rolling Electoral Register, assume the functions of the Standards in Public Office Commission relating to election spending and examine the issue of financing the political system.
To assist in consideration of the issues involved, I commissioned a report by an expert group from University College Dublin. I published the report, entitled A Preliminary Study on the Establishment of an Electoral Commission in Ireland, for consultation on 10 February 2009, with a closing date for submissions of 26 June 2009. The report is available on my Department's website, www.environ.ie. In addition to a public call for submissions to the consultation process, input has been sought from a number of bodies and organisations with a specific interest in the electoral system. These include the Joint Committee on the Environment, Heritage and Local Government, the Standards in Public Office Commission, all registered political parties in the State, as well as bodies representing Returning Officers and Local Authorities.
In developing and bringing forward proposals for the establishment of an Electoral Commission, I will take into account the report prepared by the UCD group and views put forward as part of the consultation process.
33 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if the national building energy rating examinations have commenced as expected from June 2009; and if he will make a statement on the matter. [25063/09]
45 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the number of building energy rating certificates issued to date; and if he will make a statement on the matter. [25072/09]
52 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he will confirm that failure to obtain a building energy rating certificate and failure to produce a BER certificate to prospective purchasers or renters are each breaches of BER regulations; the number of prosecutions which have been initiated by building control authorities in respect of property owners who were in contravention of BER regulations; and if he will make a statement on the matter. [25062/09]
75 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government if building energy rating regulations apply in the social housing sector; if so, if a minimum BER standard has been set for social housing; and if he will make a statement on the matter. [25067/09]
I propose to take Questions Nos. 33, 45, 52 and 75 together.
The European Communities (Energy Performance of Buildings) Regulations 2006-2008 requires that any person offering a building for sale or letting, or any agent acting on behalf of a person in relation to such an offering, must produce a copy of the relevant Building Energy Rating (BER) certificate to any person who expresses an interest in availing of the sale or letting. Failure to comply with this statutory requirement constitutes an offence, which may, on successful prosecution, result in a fine not exceeding €5,000.
Responsibility for enforcement of the Regulations rests with the 37 local Building Control Authorities. I am not aware of any prosecutions having been initiated to date in respect of non-compliance with BER requirements
Arrangements for the National BER Assessors examination are now fully in place. I understand from SEI that the first examinations will take place in the first week of July 2009.
BER requirements apply within the social housing sector. The Regulations do not however set any minimum energy rating requirement that must be achieved for social housing or for any category of buildings.
Some 50,000 BER certificates have been issued to date in respect of dwellings; the corresponding number of BER certificates in respect of buildings other than dwellings is almost 1,000.
34 Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government the amount of money to be spent by him on climate change awareness in 2009; the estimate in tabular form of the way that money is to be spent; the persons to whom payments are to be made; the amount of same which is for advertising and consultancy; if the moneys to be spent in 2009 on this area are committed in order that they cannot be diverted to other areas; and if he will make a statement on the matter. [25075/09]
A number of initiatives supported by my Department such as the Green Schools programme, TidyTowns, Agenda 21 Local Partnership and initiatives implemented through Environmental Non-Governmental Organisations contribute to varying degrees in raising awareness of climate change. In particular, the Change campaign, led by a consultancy consortium was launched in November 2007 with the specific objective of raising public awareness of climate change, its causes, impacts and implications for Ireland and to promote behavioural change to reduce greenhouse gas emissions.
A budget of €4.13m (including VAT) has been allocated to the campaign for 2009. Among the initiatives supported are the following:
The development of the carbon management tool, which I launched at the end of April. This online tool is being provided free of charge to all organisations to enable them calculate and reduce their organisations' emissions and reduce their costs as a result;
The ongoing development of the website as a key source of information on climate change, its impacts and implications. It provides information on policies and measures taken by Government to address climate change as well as actions being taken by communities by way of example to others. The website also features a calculator for individuals to measure their carbon number and provides information on actions to take to reduce it;
Consumer and business multi-media advertising campaigns designed to increase awareness and drive consumer and organisational behavioural change to reduce emissions;
The development of case studies, hosting of competitions and associated prizes, training seminars and provision of support to organizations to promote usage of the carbon management tool;
Sponsorship of third party initiatives to promote the climate change messages in a cost-effective manner as well as linkage with other Government and non-Government bodies to promote initiatives, for example, in the areas of cycling, energy efficiency, hosting of conferences and workshops at community level;
The development, in partnership with St. Patrick's Teacher training college, of resources on climate change for teachers, which will be integrated into the school curriculum, as well as awareness campaigns and resources for transition year students and third level.
My Department takes a rigorous approach in scrutinising proposed expenditure and activities with a view to ensuring best value for money is achieved. Monies spent and committed to date totalling some €2.586 million, are set out in the following table.
|
Category* |
Invoiced to date (incl VAT) |
Committed (incl. VAT) |
Total (incl. VAT) |
|
€ |
€ |
€ |
|
|
Consultancy Fees (incl. PR and education) |
277,713 |
538,672 |
816,385 |
|
Website Development (incl. web-based tools) |
150,373 |
20,589 |
170,962 |
|
Media (purchase of space radio, TV, online, press) |
15,771 |
712,721 |
728,492 |
|
3rd Party Costs (incl. prizes, print/publication of materials, stands, travel) |
13,782 |
48,547 |
62,329 |
|
Advertising production and editing for all media |
69,270 |
350,368 |
419,638 |
|
Sponsorship |
0 |
388,800 |
388,800 |
|
Total |
526,909 |
2,059,697 |
2,586,606 |
*Cawlea NEA/TBWA, RPS/Mary Murphy and OMD.
35 Deputy Charles Flanagan asked the Minister for the Environment, Heritage and Local Government his views on whether progress in addressing poor water quality is adequate in view of the fact that the number of public water supplies on the remedial action list remains almost stagnant as a result of new water supplies continually being added to the list for remedial action; and if he will make a statement on the matter. [25159/09]
53 Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government the number and location of water sources at risk from lead poisoning; and if he will make a statement on the matter. [25129/09]
156 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the number of people in danger of drinking polluted water supplies; and if he will make a statement on the matter. [25401/09]
I propose to take Questions Nos. 35, 53 and 156 together.
The EPA's report, The Provision and Quality of Drinking Water in Ireland — A Report for the Years 2007-2008 published in April 2009, found that the quality of drinking water in Ireland is generally good and highlighted the progress which has been made in improving quality in recent years.
While I am unaware of any water sources at risk from lead poisoning, the EPA report has indicated that a relatively small number of lead distribution mains are present in the water distribution network. The EPA report also acknowledges that there are a relatively large number of lead service connections which are the responsibility of the property owners. The EPA has issued guidance to local authorities earlier this year in relation to conducting surveys to determine the extent of lead piping in the distribution network and the population served and to provide advice to property owners as to the risk involved. These surveys will be carried out in consultation with the HSE. A public water supply is put on the EPA's remedial action list where a risk has been identified which could potentially affect the provision of clean and wholesome drinking water from that supply.
As the agency notes in its report, the remedial action list is not exhaustive and additional supplies will be added arising from the audits carried out the EPA and arising from information provided by water services authorities, from the HSE and from my Department. Supplies are removed from the list when sufficient corrective action is taken by the relevant water services authority. My Department will continue to work closely with the EPA and the relevant water services authorities to address schemes on the list, to ensure that the necessary works are carried out and that each supply provides clean and wholesome drinking water. The remedial action list will be evaluated on a continuous basis.
My Department and the EPA developed an action programme in response to a similar remedial action list identified in 2008. In the case of some 60% of the supplies, the safety and security of supply could be addressed through abandonment of existing sources, better operational procedures or relatively small-scale improvements to the treatment processes. I made available a fund of €16 million in 2008 to deal with these small scale improvements. The balance of the supplies will require new or updated infrastructure and these are included in the Water Services Investment Programme. My Department will be reviewing the additions to the list in 2009 with the EPA and relevant water services authorities to identify the appropriate solutions in these cases.
Under the European Communities (Drinking Water) Regulations (No 2) 2007, extensive monitoring of drinking water supplies is carried out by local authorities to ensure compliance with microbiological and chemical parameters and in order to protect and safeguard public health. The EPA report shows that almost 240,000 monitoring tests were carried out on water supplies by local authorities during 2007. A water services authority is required to notify the HSE and the EPA where it considers there may be a potential risk to human health arising from a water supply. Subject to agreement with the HSE, the local authority must then ensure that any supply of contaminated water is restricted or prohibited and that consumers are informed promptly and given appropriate advice.
36 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government if he expects his 2010 target for a directly elected mayor to be feasible; the powers this position will have; the way he will reform the local government manager powers as a result of this policy; the way he will reform local government structures in Dublin to introduce a new directly elected mayor; and if he will make a statement on the matter. [25141/09]
42 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government his plans to continue to remove more responsibilities from directly elected councillors in local authorities; and if he will make a statement on the matter. [25157/09]
66 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the progress made regarding directly elected mayors; the timeframe for elections; the legislative provisions which will be required; when he will bring such legislation before the House of the Oireachtas; and if he will make a statement on the matter. [25059/09]
69 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the progress made towards bringing forward the White Paper on Local Government; when he expects same to be published; and if he will make a statement on the matter. [25060/09]
73 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government if the role of a directly elected mayor for Dublin is being created; the powers such a mayor will be delegated; and if he will make a statement on the matter. [25115/09]
I propose to take Questions Nos. 36, 42, 66, 69 and 73 together.
On 12 May 2009 I announced that the Government had decided to introduce a directly elected Mayor for the Dublin Region in 2010. Work is now under way in my Department towards preparation of the necessary legislation to provide for the election and the powers and functions of the Mayor. I hope to bring the legislation before the House during the autumn session.
This legislation will ensure that the Mayor will have the authority and powers to deliver real leadership for the City and region and will provide him or her with a suite of substantial powers across the functions of local government. The approach puts less emphasis on the unelected Manager and positions the Mayor firmly in the central leadership role for local government in Dublin. This will be demonstrated through the role and powers of the Mayor.
The Mayor will have responsibility for defining strategic policy in relation to land-use planning, waste management, water services, and housing across the four major Dublin local authorities. In addition, the Mayor will also be chair of the Dublin Transport Authority leading the authority in delivering reliable, integrated and cost effective transport for the Greater Dublin Area.
The Mayor will oversee implementation by the Dublin local authorities of the agreed regional strategies. These authorities will be required to ensure that their actions are in compliance with the Mayor's regional plans and strategies, while each authority will retain its own role in adopting individual plans, strategies and budgets, and in the detail of implementation. The Mayor will also bring key public and private sector partners together to promote a dynamic and enterprising city region. The integration of the activities of local government and the wider public service will be an important role for the Mayor, which will result in a better public service and improved services across the board.
The approach does not remove powers from councillors but rather the creation of the office of directly elected Mayor brings a new dimension of representative local democracy to our system of local government. This is in line with a principle which has been central to my approach to local government reform — that local democratic leaders have appropriate responsibility for making decisions at local level and clear accountability for those decisions. The White Paper will further elaborate on this principle.
My announcement of the Government decision on the Dublin Mayor marks the first phase of the transformation of local government in accordance with the Programme for Government. It is my intention that the White Paper, which will address a broader suite of local government development and financing matters, will be informed by, and published following, Government consideration of the Report of the Commission on Taxation.
37 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the latest litter report by An Taisce on behalf of Irish Business Against Litter and its findings and the concerns expressed by IBAL regarding the impact of cutbacks by local authorities in weekend cleaning particularly at beaches; if his attention has further been drawn to reports of piles up of uncollected litter at beaches here over the June bank holiday weekend; the steps he will take to ensure that litter is collected by local authorities countrywide at the weekend; and if he will make a statement on the matter. [25055/09]
My Department co-funds the Irish Business Against Litter National Litter League. €84,000 has been allocated in support of the initiative in 2009. A welcome and positive outcome has been achieved in the first round of results for 2009, with 68% of the 60 towns and cities surveyed across the country achieving the highest grade possible, "Clean to European Norms". This represents the best results achieved since the foundation of the League in 2002, when the percentage achieving the highest grade was just 14%. The improvement is due, in no small part, to the excellent work being carried out by local authorities, in conjunction with local business and community groups, right across the country.
Under statute, the primary response to litter is a matter for local authorities. My Department's role is to provide the legislative framework for combating litter pollution, and to motivate and energise anti-litter responses as necessary. It is the responsibility of each local authority to enforce the litter laws and to determine the most appropriate course of action to tackle litter pollution within the relevant legislation.
People must also accept responsibility for their own behaviour which impacts on the environment, and it is regrettable that large volumes of litter were left on certain beaches over the June Bank Holiday weekend. It is a matter for each local authority, within the framework of its own litter management plan, to determine the appropriate response to littering within its functional area. While resources must be prioritised and effectively targeted within the overall economic constraints that apply to all public expenditure, I am satisfied that local authorities have adequate resources to address priority servicing needs and maintain key amenities for public and tourism use.
38 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government his plans following the recent European elections, local elections and by-elections, to review the operation and effectiveness of the recent legislation to control election expenditure by candidates; and if he will make a statement on the matter. [25071/09]
Following enactment of the Electoral (Amendment) (No. 2) Act 2009 in March 2009, a new system of spending limits for all candidates and political parties contesting local elections became effective for the local elections held on 5 June 2009.
For candidates contesting an election to the 34 county and city councils, there was a sliding scale with four separate spending limits, based on the population within each individual electoral area. A top limit of €15,000 applied in the most populated areas, with limits of €13,000, €11,500 and €9,750 applying in less populated areas. A spending limit of €7,500 applied in relation to elections to a borough or town council.
The 2009 Act provides that the spending period is set by a separate ministerial order for a period between 50 and 60 days before polling day. The spending period for the local elections held on 5 June 2009 commenced on 7 April, 2009 (a period of 60 days).
Spending for electoral purposes incurred from 7 April to 5 June 2009 (inclusive) must be included on the statement of election expenses submitted to the relevant local authority by candidates, national agents, designated persons of political parties and third parties. This form, which includes a signed statutory declaration, must be submitted within 90 days of polling day. The deadline for submission of these statements in respect of the recent local elections accordingly, is 3 September 2009.
This is the first time that spending limits have been in place for local elections. If practical issues emerge with implementation of the new system, then I will, of course, consider them to determine any action that may be required.
39 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government when statistics will be available regarding the number of inspections on private rented dwellings carried out in 2008; and if he will make a statement on the matter. [25065/09]
Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. This funding increased significantly between 2005 and 2008, rising from €1.5 million to €4 million. I am pleased that I will be in a position to maintain funding for this purpose in 2009 at the 2008 level of €4 million, bringing total funding allocations since 2004 to €15 million.
In general, local authorities have significantly expanded their inspection activity in recent years with the number of inspections more than doubling — from 6,815 to 14,008 — in the period 2005 to 2007. More detailed information on the number of inspections carried out each year up to and including 2007 is included in my Department's Annual Housing Statistics Bulletins, copies of which are available in the Oireachtas Library and on my Department's website at www.environ.ie. Work is under way on finalising the 2008 data which will be published later this summer; however, preliminary figures indicate a further year on year increase in activity of approximately 23%, with over 17,200 inspections completed in 2008. This further significant increase reflects the positive impact of the overall Action Programme on Standards, including increased funding, introduced on foot of a commitment in the Towards 2016 social partnership agreement, and progress with the implementation of the rental accommodation scheme.
40 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to review the designation and purchase of bogs in view of the financial restrictions; and if he will make a statement on the matter. [24923/09]
Bogs are important natural habitats and are home to unique ecosystems containing rare flora and fauna. Both blanket bogs and raised bogs are protected habitats under European and Irish Law and representative samples have been designated as Special Areas of Conservation (SACs) under the Habitats Directive or Natural Heritage Areas (NHAs) under the Wildlife Acts. Ireland has some of the most ecologically important bogs in the European Union.
In 1999, when the first of these sites was designated for nature protection, all commercial turf cutting on these bogs was stopped and the then Minister granted a ten year grace period for those who were cutting turf for their personal domestic use to find alternative sources of fuel.
Cutting on Blanket Bog SACs and NHAs can continue, except in very sensitive areas, under the current restrictions, which prohibit commercial extraction and the use of "sausage" machines. However, the continued cutting of turf, by hand or machine, and associated drainage on designated raised bogs is incompatible with their preservation.
Raised bogs occur predominantly in the midlands. There are over 1,500 raised bogs in the State but only 139 of these are designated for nature protection as SACs or NHAs. Even with the restrictions in cutting that were introduced in 1999, over one third of the active raised bog habitat on these sites has been lost in ten years. It is clear that more needs to be done if Ireland is to meet it's obligation to protect this important habitat.
Rather than a review of their designation, these sites now require more effective protection. This involves a transition to end turf cutting on the small number of designated raised bogs. I have established an interdepartmental working group to consider how best to achieve this transition and to assess the resources that will be required. This group has invited submissions from interested parties and will consider these in arriving at its recommendations.
The voluntary bog purchase scheme, which is operated by my Department, purchases plots on designated raised bogs. The future operation of this scheme will be considered as part of the recommendations to be made by the working group. In the meantime, the scheme will continue to operate as usual.
41 Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government if he will introduce or support legislation to provide for carbon emissions reduction targets; and if he will make a statement on the matter. [25080/09]
Ireland is required to meet challenging greenhouse gas emission reductions under the Kyoto Protocol for the period to 2012. The EU climate/energy package agreed in December 2008 places a requirement on Ireland for a 20% reduction on 2005 levels of greenhouse gas emissions in the non-traded sector by 2020. These targets are legally binding and the package of legislative measures adopted at EU level will be transposed into Irish law.
I will be addressing the question of further legislation on climate change in the context of the review of the Programme for Government.
43 Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government his views on the possible planning problems as a result of the habitats directive; his further views on reforms of planning legislation or process to facilitate new large renewable energy projects; and if he will make a statement on the matter. [25149/09]
The Government has set an ambitious target of 40% of Ireland's energy to be supplied from renewable sources by 2020. The planning system will support the achievement of this target through, for example:
the introduction of a streamlined, single stage consent process under the 2006 Planning and Development (Strategic Infrastructure) Act for certain classes of strategic infrastructure development including renewable energy installations such as large scale wind farms and hydroelectric energy production;
the provision of policy guidance to planning authorities on wind energy development published in 2006;
the introduction of exempted development regulations in 2007 and 2008 for certain renewable energy technologies in the residential, commercial, industrial and agricultural sectors.
A number of changes to the definition of infrastructure covered by the strategic infrastructure process will be brought forward on Committee Stage of the Planning and Development (Amendment) Bill, which was published on 3 June. It is also my intention to modernise the consent process for strategic infrastructure development on the State Foreshore.
In assessing an application for development, each planning authority and An Bord Pleanála is required to implement national law and EU directives concerning the protection of habitats and species.
44 Deputy Shane McEntee asked the Minister for the Environment, Heritage and Local Government when a referendum Commission will be established on the Lisbon treaty; and if he will make a statement on the matter. [25174/09]
Section 2 of the Referendum Act 1998 provides that the Minister for the Environment, Heritage and Local Government may establish a Referendum Commission not earlier than the date on which a Bill proposing to amend the Constitution is initiated in the Dáil. I intend to establish a Referendum Commission in respect of the proposal for the amendment of the Constitution relating to the Lisbon Treaty as soon as possible.
46 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government the number of private dwelling units which have been offered for sale or rental in 2009; and if he will make a statement on the matter. [25068/09]
My Department collates and publishes a wide range of housing statistics that inform the preparation and evaluation of housing policy. Among the areas of activity covered are statistics on:
the delivery of various social and affordable housing supports,
housing construction activity,
inspections in the private rented sector, and
house prices and lending activity.
My Department also collates data, on the basis of returns from the financial institutions, on mortgage approvals but it does not collate data on the number of housing units sold. The full range of data compiled can be viewed on my Department's website, www.environ.ie.
The Private Residential Tenancies Board (PRTB) registers tenancies in accordance with the provisions of the Residential Tenancies Act 2004. While the Act requires landlords to register tenancies in respect of private rented dwellings there are certain classes of dwellings that do not fall within the provisions of the Act such as, for instance, dwellings let by local authorities, dwellings let as holiday homes and dwellings in which the landlord also resides. The number of tenancies registered each year cannot, therefore, be taken as a proxy indicator of annualised lettings due to the exemptions referred to above and also due to the fact that a proportion of tenancy registrations are re-registrations of existing tenancies.
While I have no function in these matters as the operation of tenancy registration is solely the responsibility of the PRTB, an independent statutory body, I understand that in excess of 217,000 active tenancies are currently registered with the PRTB. Further information in this regard may be obtained directly from the board which may be contacted at its offices at O'Connell Bridge House, Dublin 2 or by telephone or email. Contact details and details of tenancy registrations are also available on the board's website at www.prtb.ie.
47 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the level of funding which has been administered by the Health Service Executive through his Department for the capital assistance scheme for each of the past five years; and the reason for reductions in funding. [25110/09]
Under my Department's Capital Assistance scheme, funding of up to 100% of the approved cost is provided, through the local authorities, to approved housing bodies for the provision of accommodation for groups with special housing needs including the elderly, the homeless and persons with an intellectual or physical disability. Details of the capital funding provided under the scheme for the past five years are set out in the following table:
|
Year |
Funding Provision |
|
€ |
|
|
2004 |
86,554,713 |
|
2005 |
80,661,308 |
|
2006 |
99,361,424 |
|
2007 |
113,765,517 |
|
2008 |
156,290,000 |
Approved housing bodies that provide sheltered housing under the scheme normally provide on-site support for tenants where necessary. However, where a higher level of support is needed, this may be done with assistance from the Health Service Executive (HSE). The HSE introduced a scheme of dedicated funding for sheltered housing in 2006, with funding of €0.5 million provided. A further €0.5 million was provided in 2007, increasing to €1.1 million in 2008. It is a matter for the HSE to agree the level of funding for 2009.
48 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the number of private rented dwellings registered in each local authority area and the number of private rented dwellings in each area registered for the first time in 2009; and if he will make a statement on the matter. [25066/09]
The Private Residential Tenancies Board (PRTB) registers tenancies in accordance with the provisions of the Residential Tenancies Act 2004. While the Act requires landlords to register tenancies in respect of private rented dwellings there are certain classes of dwellings that do not fall within the provisions of the Act such as, for instance, dwellings let by local authorities, dwellings let as holiday homes and dwellings in which the landlord also resides. The number of tenancies registered each year cannot be taken as a proxy indicator of annualised lettings due to the exemptions referred to above and also due to the fact that a proportion of tenancy registrations are re-registrations of existing tenancies.
While I have no function in these matters as the operation of tenancy registration is solely the responsibility of the PRTB, an independent statutory body, I understand that in excess of 217,000 active tenancies are currently registered with the PRTB. Further information is available on the board's website at www.prtb.ie or may be obtained directly from the board which may be contacted at its offices at O'Connell Bridge House, Dublin 2 or by telephone or email; contact details are available on the board's website.
49 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government when he will introduce the Designated Land (Housing Development) Bill; and if he will make a statement on the matter. [25064/09]
The General Scheme of the Planning and Development (Amendment) Bill 2009 envisaged the imposition of an annual development incentive levy on designated land if not brought into housing development in accordance with requirements agreed with or imposed by the relevant planning authority. These provisions had previously been included in the General Scheme of the Designated Land (Housing Development) Bill.
I will be considering the need for these provisions over the coming months in light, inter alia , of ongoing developments in the housing market, the establishment of the National Asset Management Agency and the report of the Commission on Taxation. Any necessary legislative provisions will be brought forward on Committee Stage of the Planning and Development (Amendment) Bill 2009, which was published on 3 June.
50 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the position regarding funding announced by him for conservation of heritage; if any of the funding will be used in respect of work schemes for unemployed people, for example, in restoring buildings or historic walls; and if he will make a statement on the matter. [25079/09]
I recently announced €12.5 million in funding for the 2009 built heritage capital programme which covers a broad range of conservation schemes, including the local authority conservation grants scheme, the civic structure conservation grants scheme, the walled towns initiative, the significant places of public worship grants scheme, and funding for heritage properties both in State and private ownership.
Grants are provided to a number of bodies and individuals including local authorities, local community groups, and private owners-occupiers. Funding is provided for a variety of conservation projects including works to thatched houses, shop and public house fronts, timber sash windows, and to buildings of architectural significance generally, including town walls. The recruitment of contractors to carry out the work is a matter in the first instance for the grant recipient. My Department encourages each grant recipient to seek value for money while ensuring that the work is carried out under the supervision of a qualified expert, but has no direct role in the employment of contractors to carry out the conservation works.
However, my Department provides funding to the Office of Public Works to undertake an apprenticeship programme for training in traditional building skills. The apprenticeship positions are filled through a number of sources including through FÁS and in response to advertisements placed in the national media.
51 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the levels of funding he has provided to each local authority for grants in respect of adaptations or extensions to private housing under the housing adaptation grant schemes for older people and people with a disability, and the mobility aids grant scheme for each of the past five years; and if this funding has matched the level of need. [25107/09]
My Department's involvement with the Housing Adaptation Grant schemes for Older People and People with a Disability relates primarily to the recoupment of a proportion of local authority expenditure on the payment of individual grants. These schemes, introduced in November 2007, are funded by 80% recoupment available from my Department, together with 20% contribution from the resources of the local authority. In the case of the old Disabled Persons and Essential Repairs grant schemes these are funded by 67% recoupment, together with a 33% contribution from the resources of the local authority. The detailed administration of these schemes, including the assessment and approval of individual applications, is the responsibility of the relevant local authority.
The annual allocations to local authorities under the schemes are calculated on foot of detailed discussion between my Department and the local authorities and on the basis of a number of criteria, including the level of applications on hand that have been assessed as eligible, applications yet to be assessed and projections for new applications to be received during the year. It is a matter for each local authority to decide on the specific level of funding to be directed towards each of the individual schemes, from within the combined allocation notified to them by my Department, and to manage the operation of the schemes in their areas from within their allocation.
Details of Exchequer funding provided to local authorities for these schemes for each of the years 2005 to 2008 and total allocations for 2009 from Exchequer and local authority sources are set out in the following table. Data for 2005 and 2006 relate to the Disabled Persons and Essential Repairs Grants. Data for 2007 onwards also include the Housing Adaptation Grants for Older People and People with a Disability, as well as the Mobility Aids Grant scheme.
|
2005 |
2006 |
2007 |
2008 |
2009 |
|
|
€ |
€ |
€ |
€ |
€ |
|
|
County Councils |
|||||
|
Carlow |
259,347 |
416,636 |
782,807 |
1,534,923 |
1,375,500 |
|
Cavan |
1,120,251 |
1,177,272 |
753,977 |
1,568,060 |
1,312,500 |
|
Clare |
1,018,770 |
846,596 |
857,560 |
2,100,790 |
1,490,000 |
|
Cork |
3,238,158 |
3,042,028 |
3,622,522 |
5,784,957 |
6,285,000 |
|
Donegal |
2,009,543 |
2,417,513 |
2,790,698 |
3,112,498 |
4,820,000 |
|
Dún Laoghaire-Rathdown |
948,118 |
951,832 |
1,245,293 |
1,692,890 |
2,160,000 |
|
Fingal |
725,633 |
802,175 |
1,036,073 |
1,331,236 |
1,795,000 |
|
Galway |
2,174,201 |
1,107,895 |
1,196,745 |
1,671,884 |
2,074,000 |
|
Kerry |
1,181,519 |
1,396,611 |
1,701,174 |
2,320,709 |
2,950,000 |
|
Kildare |
625,442 |
906,894 |
1,079,483 |
1,822,582 |
1,870,000 |
|
Kilkenny |
431,474 |
248,345 |
534,311 |
596,350 |
930,000 |
|
Laois |
1,205,639 |
1,587,042 |
1,734,170 |
1,829,228 |
1,910,000 |
|
Leitrim |
957,376 |
620,972 |
1,030,084 |
1,310,551 |
1,790,000 |
|
Limerick |
679,966 |
667,860 |
1,019,313 |
1,082,995 |
1,665,000 |
|
Longford |
421,362 |
442,074 |
418,699 |
966,847 |
727,500 |
|
Louth |
989,160 |
1,564,331 |
1,193,251 |
2,030,581 |
2,067,500 |
|
Mayo |
866,590 |
1,081,314 |
1,630,838 |
2,011,125 |
2,775,834 |
|
Meath |
727,732 |
845,826 |
1,586,679 |
3,283,476 |
1,000,000 |
|
Monaghan |
1,014,103 |
1,004,318 |
1,253,446 |
1,470,218 |
2,177,500 |
|
North Tipperary |
879,074 |
1,191,598 |
1,031,729 |
1,432,124 |
1,790,000 |
|
Offaly |
893,401 |
743,017 |
861,935 |
993,344 |
1,465,000 |
|
Roscommon |
936,032 |
1,154,351 |
1,101,955 |
1,579,457 |
1,910,000 |
|
Sligo |
193,945 |
192,404 |
322,914 |
493,490 |
560,000 |
|
South Dublin |
1,874,655 |
2,115,519 |
2,630,134 |
2,975,713 |
4,545,000 |
|
South Tipperary |
1,167,614 |
1,059,095 |
882,395 |
1,358,885 |
1,530,000 |
|
Waterford |
566,524 |
1,208,693 |
998,389 |
1,690,822 |
1,707,500 |
|
Westmeath |
666,309 |
1,044,279 |
958,321 |
1,361,958 |
1,660,000 |
|
Wexford |
524,167 |
721,055 |
1,340,572 |
1,656,321 |
2,325,000 |
|
Wicklow |
679,234 |
1,263,969 |
709,099 |
1,416,332 |
1,230,000 |
|
City Councils |
|||||
|
Cork City |
135,476 |
533,684 |
1,218,359 |
1,546,070 |
2,112,500 |
|
Dublin City |
8,502,357 |
6,392,756 |
8,309,518 |
9,227,259 |
14,400,000 |
|
Galway City |
440,577 |
587,112 |
687,851 |
922,136 |
1,270,000 |
|
Limerick City |
187,382 |
607,702 |
468,401 |
791,513 |
915,000 |
|
Waterford City |
254,221 |
304,866 |
293,958 |
481,126 |
512,500 |
|
Borough Councils |
|||||
|
Sligo Borough |
113,096 |
113,520 |
272,296 |
300,894 |
472,750 |
|
Total |
38,608,449 |
40,361,155 |
47,554,949 |
65,749,344 |
79,562,584 |
54 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the action he proposes to take to address the inadequacy of the public housing programme to meet requirements, with particular reference to the need to make sufficient provision to meet the housing needs of all applicants on local authority housing lists here; if he will indicate a programme with specific objectives over the next three years in this regard; his strategic plans to address this issue; and if he will make a statement on the matter. [25113/09]
161 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of houses that will be provided by the various local authorities directly excluding the voluntary sector on foot of the funding currently available from his Department in 2009; the degree to which he will address the local authority housing lists in 2009 or subsequent years; and if he will make a statement on the matter. [25326/09]
I propose to take Questions Nos. 54 and 161 together.
The number of households on a local authority's waiting list continuously fluctuates as households on the list are allocated housing and new households apply for housing support. It is up to individual housing authorities to plan their social housing investment programmes having regard to the specific social housing priorities in their areas and to the Exchequer funding allocations available to them. €1.3 billion is being provided for the broad range of social housing programmes this year, with €760 million of this earmarked for the main local authority housing programme, including €20 million for long-term leasing arrangements.
To ensure that the Social Housing Investment Programme is delivered in a coherent and co-ordinated manner housing authorities are required to prepare multi-annual Housing Action Plans, which encompass delivery of social and affordable housing in their areas. Earlier in 2009 my Department held Housing Action Plan meetings with all housing authorities. The purpose of these meetings was to discuss the direction and content of authorities' proposed housing investment programmes and particularly to consider the prioritisation of projects and the reconfiguration of the Social Housing Investment Programme as a whole, so that it can be sustained and consolidated in the changing economic and budgetary circumstances. In this regard, particular emphasis continues to be placed on achieving best value for money while maintaining the programme flexibility necessary to respond to changing needs or circumstances, and utilising the full range of programme options in order to avail of supply opportunities that may arise in a housing market.
Taking all the social housing programmes together, excluding those of the voluntary and co-operative housing sector, and having regard to the capacity to access suitable housing available in the current housing market through the long-term leasing initiative, it is expected that in the region of 5,000 dwellings will be provided this year.
The scale and composition of the public housing programme in the years ahead will be dependent on a number of factors, including the level of available funding and the evolution of the housing market generally. Subject to these factors, I am determined to ensure that the programme is framed in a manner which measures the capacity to meet housing needs, particularly in respect of the most vulnerable sections of society.
55 Deputy Noel J. Coonan asked the Minister for the Environment, Heritage and Local Government his plans to merge the National Property Services Regulatory Authority and the Private Residential Tenancies Board into a single property regulatory body under his Department; and if he will make a statement on the matter. [25137/09]
The Private Residential Tenancies Board (PRTB) was established as an independent statutory body in September 2004 and has its principal functions in the areas of:
The registration of private rental tenancies;
The resolution of disputes between tenants and landlords;
The provision of information, assistance and advice to the Minister on the private rental sector.
These functions relate to matters which are quite distinct from those that will come within the remit of the proposed National Property Services Regulatory Authority (NPSRA), responsibility for which rests with my colleague, the Minister for Justice, Equality and Law Reform. Accordingly, there are no plans to merge the NPSRA and the PRTB. However, under the Government's agency rationalisation programme, the work of the Rent Tribunal is to be merged with that of the PRTB, and I will be giving formal effect to this at the earliest feasible legislative opportunity.
57 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the steps being taken by him to ensure Ireland reaches its EU targets for diversion of waste from landfill by 2010; the date on which the targets must be reached; if Ireland will reach these targets; the consequences if Ireland does not reach these targets; and if he will make a statement on the matter. [25077/09]
I am committed to implementing the necessary measures to ensure that Ireland meets the EU landfill diversion targets by 16 July 2010.
The National Strategy on Biodegradable Waste was published in April 2006 and sets out measures progressively to divert biodegradable municipal waste from landfill in accordance with the agreed targets in EU Directive 1999/31/EC on the landfill of waste. These targets require progressive reductions in the amount of biodegradable municipal waste which was landfilled in the reference year of 1995. They are designed to achieve a reduction to 75% by 2010, 50% by 2013 and 35% by 2016. Action, on foot of any failure to meet these targets, would be a matter for the European Commission.
Last year, my Department issued a circular to all local authorities to drive forward the roll out of brown bins for domestic householders and to promote the use of home composting. My Department is also working with industry towards the development of a statutory instrument for the source segregation and appropriate treatment of catering waste and former foodstuffs from commercial premises. It is envisaged that these regulations, when made, will have the potential to divert significant amounts of commercial food waste from landfill. I have also signalled my intention to introduce primary legislation to allow for significant increases in the landfill levy to act as a further deterrent to landfill.
In the light of the above, I am confident that all of the measures outlined will contribute significantly to the achievement of the targets for the diversion of biodegradable municipal waste from, and an overall reduction in our use of, landfill.
58 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the money which is to be paid under the Kyoto Protocol for exceeding Ireland’s carbon emissions targets for 2008; if Ireland will be required to purchase carbon credits for 2008; when these carbon credits will have to be purchased; and if he will make a statement on the matter. [25076/09]
165 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will report on the expectation to meet EU requirements in respect of climate change in the foreseeable future; and if he will make a statement on the matter. [25330/09]
I propose to take Questions Nos. 58 and 165 together.
I refer to the reply to Questions Nos. 161 and 163 of 18 June 2009; the position is unchanged.
59 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the policy initiatives he has in place or is planning to deal with fly-tipping; and if he will make a statement on the matter. [24927/09]
Actions against illegal waste activity are a matter for the local authorities and the Office of Environmental Enforcement. I am satisfied that appropriate powers and resources are available to these enforcement authorities.
The 2005 report of the Office of Environmental Enforcement, The Nature and Extent of Unauthorised Waste Activity in Ireland, identified the unauthorised collection and fly-tipping of waste as one of the problem areas in regard to waste management which needed to be further tackled. The report drew attention to the measures already being taken, including the appointment of over one hundred additional enforcement officers across the local authorities funded by my Department, and the stepped up enforcement activity generally being led by the Office and the local authorities. The report also identified additional actions which would further bolster the effort to stamp out this socially and environmentally unacceptable practice.
My Department continues to liaise with the Office of Environmental Enforcement and other enforcement authorities in ensuring that the momentum to tackle such activities is maintained. Following the issuing, in July of 2008, of a Ministerial policy direction under section 60 of the Waste Management Act all local authorities now have enforcement policies in place and actions to deal with this type of illegal activity are included in these plans for 2009.
61 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he will provide details of the recent meetings of the board of the Housing Finance Agency; if it will pass on the European Central Bank Interest rate cut of 25% to local authority mortgage holders; and the responses it has to ECB rate changes. [25105/09]
In general, following consideration by the Board of the Housing Finance Agency (HFA), the rates charged to local authority borrowers are normally adjusted in line with movements in European Central Bank (ECB) rates. However, given that the correlation between ECB rates and interbank rates (i.e. the rates at which the Agency itself borrows) is atypical and volatile at present, the Agency, in responding to movements in ECB rates, must give careful consideration, on each occasion, to the fluctuating relationship between its lending rates and the cost of funds.
While with other recent rate changes, interbank rates have eventually mirrored ECB movements allowing the Agency to pass on rate cuts while continuing to operate on a break-even basis, in the case of the most recent ECB rate cut of 0.25%, the required fall in the interbank rate has not materialised. This means that the Agency's cost of funds has not fallen sufficiently to allow the most recent ECB cut to be passed on to borrowers.
However, it should be noted in the meantime that local authority borrowers have benefited from a cumulative rate decrease since October 2008 of 3% and that rates charged to local authority borrowers offer exceptional value by comparison to rates charged by commercial lenders, with the local authority rate currently running at over 0.85% lower than the market average variable rate. Historically, this differential has been narrower, with the rate charged to local authority borrowers more typically running at around 0.5% lower than the market average.
62 Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government the capacity of mechanical and biological waste treatment; the amount of waste produced here; if his landfill targets will be met without resorting to incineration; and if he will make a statement on the matter. [25122/09]
Council Directive 1999/31/EC on the landfill of waste sets challenging targets for the diversion of biodegradable municipal waste from landfill. These are set out in the reply to a question on today's Order Paper, and are projected to equate to 59% for 2010, 73% by 2013 and 80% by 2016 for this particular waste stream.
According to the recent National Waste Report 2007 published earlier in 2009 by the Environmental Protection Agency, over 2.3 million tonnes of biodegradable municipal waste was generated in 2007 of which approximately 840,000 tonnes (36%) were recovered.
The Programme for Government includes a commitment to the implementation of the National Strategy on Biodegradable Waste and the achievement of Ireland's obligations under the EU Landfill Directive. In this regard, I believe there should be less reliance on landfill and incineration and greater use of alternative technologies, including those for the mechanical and biological treatment of waste.
The Programme for Government also provides for a major international review of waste plans, practices and procedures. This review is now well advanced and examines the potential contribution that mechanical-biological treatment (MBT) and other technologies can deliver towards our landfill diversion targets, particularly in the context of recovering the biodegradable fraction in residual waste arising from domestic households. I have already placed on the record my position that an over reliance on incineration is not the answer for residual waste treatment and my commitment towards the achievement of our landfill diversion targets.
63 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the high number of children who are taken into the care system as a result of housing difficulties; and his plans to hold discussions with the Department of Health and Children to provide a solution to this problem and provide accommodation for children and prevent them from being taken into care when it is not in their best interests. [25106/09]
The provision of accommodation specifically for children, where necessary, is a matter for the Health Service Executive. Accommodation of children in family contexts is provided for through a range of housing supports operated by local authorities. I am not aware of significant issues arising for local authorities in connection with children taken into care. However, in the event of issues in this regard being raised with my Department by the Department of Health and Children, I will ensure that such matters are fully considered.
64 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government his position with regard to the status of social housing applicants remaining on the social housing list having taken an offer of accommodation in the voluntary housing sector; the circumstances in which a social housing applicant may forfeit a place on a local authority housing list in the event of being allocated a property in the voluntary housing sector; if he will make changes to existing arrangements; and if he will make a statement on the matter. [25058/09]
Accepting an offer of accommodation in the voluntary sector is the same as accepting an offer of local authority accommodation, it is seen as having met the housing need of that household. It is unreasonable to expect that where a household has agreed that its housing needs can be met adequately in the voluntary sector the household would remain on a local authority waiting list on the basis of some possible future requirement for alternative accommodation.
When a household is assessed for local authority housing it is general practice for the housing authority to ask whether the household would be willing to accept an offer of accommodation in the voluntary sector should it become available. It is the choice of the household as to whether the offer of voluntary accommodation is accepted.
Notwithstanding this, should the housing needs of the household change in the future such that their existing accommodation (voluntary or otherwise) is no longer suitable for them, the household can at that stage apply to the local authority for housing more appropriate to their new needs.
I have, in the Housing (Miscellaneous Provisions) Bill 2008 currently before the Dáil, provided for a broadening of the definition of social housing support to encompass not only local authority accommodation, but also voluntary/co-operative accommodation and accommodation in the Rental Accommodation Scheme (RAS). In tandem with this, new procedures for the allocation of social housing support will make it easier for social housing tenants (including tenants of the voluntary sector) to transfer between the different social housing support options where required.
65 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government the number of unsold affordable housing units held by each of the local authorities; and if he will make a statement on the matter. [25070/09]
Estimates obtained from a number of local authorities and the Affordable Homes Partnership during the first quarter of 2009 indicated that the number of affordable units on hand nationally was in the region of 3,700 units at that stage. As indicated in the reply to Question No. 577 on 22 April 2009, local authorities were requested to provide data in relation to their affordable housing stock for input to an online information system managed by the Affordable Homes Partnership, which will facilitate the collection of more detailed information on affordable housing stock. The compilation of this information, which will provide a breakdown of the number of unsold affordable units in each area, is well advanced and should be completed shortly.
67 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his preferred options in regard to policy affecting waste management treatment and disposal, having particular regard to the location of such facilities including landfill, incineration and recycling; the number and locations of facilities in respect of which planning permission has been granted in the past two years, those pending or anticipated; the extent to which the locations approved are expected to impact on those pending; and if he will make a statement on the matter. [25114/09]
The Programme for Government contains a range of commitments in respect of waste management policy centred on the Government's continued support for the internationally recognised waste hierarchy which places major emphasis on the prevention, reuse and recycling of waste while minimising reliance on landfill and incineration. This commitment to the waste hierarchy has added significance in the context of the requirements of the EU Landfill Directive to divert waste from landfill. Meeting this obligation will entail doubling the existing level of diversion from landfill by 2010 and further increases in diversion in subsequent years. The Programme also signalled a move away from mass burn incineration towards alternative technologies.
This is a process which will be assisted by the major international review of waste plans, practices and procedures, also provided for in the Programme, which will address how better to implement waste prevention and minimisation in the context of the emergence of new technologies for waste management, particularly those for the mechanical and biological treatment of waste which can reduce the need for both incineration and landfill.
Undue emphasis on incineration as the cornerstone of waste management policy is detrimental to the development of alternative solutions. The review may well indicate a continuing role for incineration in our future waste management strategy but I do not envisage it being on anything like the scale that was previously envisaged. On completion of this major review I will bring forward any necessary legislative and policy initiatives needed to give effect to its conclusions.
At present there are no municipal waste incinerators in Ireland and my Department has no function in determining the number, type, location or capacity of any such facilities that may be constructed.
Waste management infrastructural projects are advanced by private sector service providers or by local authorities, generally by way of a public private partnership. It is a matter for the promoters of such projects to seek and obtain the necessary regulatory approvals i.e. planning permission and a waste licence. In carrying out their functions planning authorities, including An Bord Pleanála, and the EPA in regard to waste licensing, act independently of the Minister. The approved capacity of individual facilities is a matter for determination through these processes, as provided for in the Planning and Development and Waste Management Acts.
68 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the action he will take to monitor market value in each local authority area to ensure that leasing costs of at least 20% below market value are achieved under the new leasing arrangements; the further action he will take to exclude break clauses from lease agreements to prevent owners from simply terminating the agreement in the event of a substantial increase in property values; if he plans that persons placed in social housing under the leasing arrangement will be excluded from local authority tenant purchase schemes and that they will forfeit a place on the social housing list; and if he will make a statement on the matter. [25057/09]
Local authorities are required under the new leasing arrangements to submit their proposals to my Department for approval. As part of this process local authorities are required to submit a valuation confirming the current market rent for the proposed lease properties and a statement confirming the discount below market value that is being achieved.
In relation to the issue of break clauses, in most cases there will be no such provisions allowable within the lease. However, in particular circumstances, where authorities propose to include such clauses within a lease agreement, my Department will assess these on a case by case basis having regard, for example, to the likely on-going housing demand within the area concerned.
Households accommodated under the leasing arrangements will be deemed to have had their housing need met and therefore households will not remain on the local authority housing waiting lists. Notwithstanding this, households will be able to apply to transfer to alternative local authority property or to housing provided under the Incremental Purchase Scheme. I have, in the Housing (Miscellaneous Provisions) Bill 2008 currently before the Dáil, provided for a broadening of the definition of social housing support to encompass not only local authority owned or leased accommodation, but also voluntary/co-operative accommodation, and accommodation in the Rental Accommodation Scheme (RAS).
In tandem with this, new procedures for the allocation of social housing support will make it easier for social housing tenants, including tenants of leased accommodation, to transfer between the different social housing support options. Tenants of leased properties who subsequently transfer to local authority housing and who wish to avail of current tenant purchase arrangements will have their period in leased accommodation taken into account towards the tenant purchase discount.
70 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the position regarding the agreement with Northern Ireland on repatriation of waste; the money to be spent by him on this agreement; the steps which will be taken by him to implement the agreement; the timescale for the implementation of the agreement; and if he will make a statement on the matter. [25078/09]
A framework agreement has been reached between Northern Ireland and the State, drawing on the provisions for competent authority co-operation when a waste shipment is illegal under the EU Waste Shipments Regulation, which provides a template for dealing with this historical legacy. Initially, two sites will be dealt with involving some 14,000 tons of waste and estimated costs of some €3 million. It is not possible to estimate the costs for remaining sites until they have been examined and it will take several years to complete the repatriation.
Under the agreement the costs of disposing of the waste will be met by the Irish Government together with 80% of the costs of removing the waste from Northern Ireland. The framework itself derives from a road map agreed by both jurisdictions in relation to co-operation in dealing with illegal waste movements, both current and historical, which was endorsed by Ministers from both jurisdictions in October 2007 and by the European Commission.
My Department and the Department of the Environment in Northern Ireland are maintaining close contacts to ensure that the relevant competent authorities in both jurisdictions are fully supported in the discharge of their statutory functions.
71 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government the steps he has taken to improve the accuracy of the electoral register; and if he will make a statement on the matter. [24924/09]
In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register.
In working to compile the Register for 2007/08, local authorities undertook and completed, with assistance from my Department, the most extensive registration campaign in decades. On the basis of the work undertaken, I am satisfied that local authorities achieved a significant improvement in the accuracy and comprehensiveness of the Register compared to previous years. The task for local authorities, in relation to the Register for 2009/10, was to maintain and build on the progress made to date.
Authorities were required to publish the Final Register for 2009/10 by 1 February 2009. Individuals not on the Register can avail of the supplement to the Register up until 15 days before the next polling day. Returns received from registration authorities by my Department indicate that over 72,000 persons were included on the supplement to the Register before the recent elections.
Looking to the future, the Programme for Government contains a commitment to establish an independent Electoral Commission. The Commission's responsibilities will include taking charge of the compilation of a new national rolling electoral register. My Department appointed consultants to carry out preliminary research on issues arising in relation to establishment of the Electoral Commission. I published the relevant report for consultation on 10 February 2009, with a closing date of 26 June 2009.
72 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the local authorities which have received approval in principle to date in regard to the new leasing initiative; the number of units in relation to same; the local authorities which have entered into lease agreements; the number of properties, the leasing period and the cost involved; if these properties have been leased on a fixed price basis; and if he will make a statement on the matter. [25056/09]
To date 9 housing authorities and 1 approved housing body have received approval in principle to enter into advanced negotiations in respect of some 478 units under the new leasing arrangements. These authorities are Dublin City Council; South Dublin, Laois, Wexford, Limerick, Sligo, Meath and Leitrim County Councils; and Sligo Borough Council.
In relation to the projects approved, no lease agreements have yet been entered into and given the ongoing nature of the contract negotiations, it would be inappropriate to give further details on the cost or any other terms of the proposed lease agreements.
74 Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government the reason he will not collect data on the proportion of housing allocated by local authorities to people with disabilities; and if he will collect this information in future. [25111/09]
The data my Department currently collects in relation to allocations are limited to the total number of lettings made by an authority in an individual year. The Central Statistics Office, however, collects data on the number of people with a disability and the types of accommodation in which people with disabilities live, including local authority housing. The 2006 census shows that 12% of people with disabilities are renting accommodation from a local authority.
In addition to this, the tri-annual housing needs assessment, which is undertaken by local authorities, seeks to identify the number of people with a disability who require housing within a local authority area and the household's specific accommodation requirements. This information is used to assist the authority in its plan for addressing housing need within their functional area.
The national housing strategy for people with a disability is being progressed by my Department, with assistance from a National Advisory Group under the aegis of the Housing Forum, which involves a range of relevant stakeholders including the National Disability Authority. It is intended that this strategy will be finalised by the end of 2009, and as part of this process my Department will consider further the collection of data in relation to the housing of persons with disabilities.
76 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the average length of time it takes the Private Residential Tenancies Board to process a dispute resolution; the optimal time for which they are aiming; and the backlog of work that the PRTB is facing. [25108/09]
My Department has no function in the operational matters of the Private Residential Tenancies Board (PRTB), which is an independent statutory body established under the Residential Tenancies Act 2004. The PRTB may be contacted at its offices at O'Connell Bridge House, D'Olier Street, Dublin 2 or by telephone or email. Contact details are available on the Board's website at www.prtb.ie.
77 Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government the funding available to the green schools scheme for the year 2009 from his Department and from various other sponsors of the scheme; the funding which was available in the years 2006, 2007 and 2008; and if he will make a statement on the matter. [25074/09]
The Green Schools programme is an international education initiative that introduces participants (students, teachers, parents) to the concept of an environmental management system and promotes whole school action for the environment. Some 3,185 Irish schools are registered for the programme and over 1,757 schools have earned the right to fly the Green Flag.
In Ireland, the scheme is administered by An Taisce and the environment elements are sponsored by a number of contributors including Repak, ESB Independent Energy and the Wrigley company as well as my own Department. The table below sets out the funding available from my Department for the Green Schools Programme over the period in question. Funding otherwise made available is a matter for the individual sponsors involved.
An Taisce has indicated very positive achievements in the current school year:
12 tonnes per day of waste is directly diverted from landfill;
3.7 million units of electricity has been saved;
21 million litres of clean drinking water has been saved;
600,000 litres of fuel has been saved on school travel.
|
Year |
€ |
|
2006 |
150,000 |
|
2007 |
200,000 |
|
2008 |
200,000 |
|
2009 |
200,000 |
78 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government his views on setting guidelines for local authorities on maintenance policies to ensure that people who are suffering from financial hardship are not forced to live in poor conditions as a result of new guidelines introduced by the local authority. [25109/09]
The management and maintenance of their housing stock is a matter for individual local authorities under section 58 of the Housing Act 1966. Tenancy agreement provisions set out in the Housing Regulations 1980 confer responsibility for maintenance of parts of dwellings, particularly the interior, to tenants. Good Practice Guidelines for local authorities on the Repair and Maintenance of Dwellings were completed in October 2000 and these are available on the Centre for Housing Research website at www.chr.ie.
79 Deputy Joanna Tuffy asked the Taoiseach the position regarding the decision in February 2009 to include the environmental pillar in social partnership; the way this decision has been implemented; and if he will make a statement on the matter. [25381/09]
On 8th April the Government announced its decision to establish a new Environmental Pillar in Social Partnership.
This decision, which was in line with a commitment in the Programme for Government, will ensure that environmental considerations are fully reflected in Social Partnership discussions and will add an important new voice to the process at this time of great national challenge.
The Government's decision on this issue took account of the long-standing criteria against which applications to join the Social Partnership process have been considered, i.e. that organisations requesting Social Partner status be national and representative in nature; that they have the capacity to meet the demands and obligations that arise as part of this participation; and that they will add to the capacity of the social partnership process to address issues effectively.
As such it has been agreed that the Irish Environmental Network will be the key conduit for membership of this new pillar. The IEN is an umbrella organisation which represents some 28 organisations whose primary objectives and activities are environmental protection and/or environmental sustainability.
As is the case with any organisation in Social Partnership, the IEN has formally endorsed Towards 2016 and all the measures it contains.
The process of incorporating the Environmental Pillar in the appropriate and relevant social partnership structures is ongoing in consultation with the Pillar and Departments.
80 Deputy James Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Companies Registration Office is adequately staffed and resourced for the registration of new business names; and if she will make a statement on the matter. [25288/09]
The Companies Registration Office in Dublin has been experiencing staffing constraints which have impacted on the rate at which applications for business names are being registered.
The CRO is doing and will continue to do all it can, within the operative constraints, to meet the demands of business name applicants.
81 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will liaise with the Competition Authority to investigate uncompetitive practices in the liquid fuel market that may be leading to artificially high petrol and diesel prices for motorists; and if she will make a statement on the matter. [25297/09]
The Competition Authority is the statutory body responsible for the enforcement of competition law in the State. Section 29(3) of the Competition Act 2002 provides that the Competition Authority is independent in the performance of its functions. Under section 30 (1)(b) of that Act, the Competition Authority is responsible for investigating any breach of the Act. As investigations are part of the day-to-day operational work of the Authority I have no direct function in the matter.
If the Deputy has evidence of anti-competitive practices in this or in any sector I urge him to bring this evidence to the attention of the Competition Authority.
82 Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will respond to a query (details supplied). [25314/09]
In general, procedures governing the recruitment of persons into the civil or public service are a matter for the Minister for Finance. Subject to this, the following is the position in so far as my Department is concerned.
In accordance with the terms of the moratorium introduced earlier this year, no public sector post may be filled by recruitment except with the approval of the Minister for Finance. Where such recruitment has been approved, it is undertaken by the Public Appointments Service (formerly the Civil Service Commission) through competitions advertised in the public press. People who apply expressing an interest in working in my Department are advised to register on the Public Appointments Service website at www.publicjobs.ie.
Staff at Service Officer and Service Attendant level in my Department are recruited by way of competitive interview from our current complement of Cleaning staff. With regard to the recruitment of Cleaners, my Department engages FÁS to recruit on its behalf.
Ministerial private office appointments are made to a number of positions, i.e. Personal Assistant, Personal Secretary, Special Adviser and Civilian Driver. These appointments require the sanction of both the Minister for Finance and the Taoiseach. In this regard, instructions relating to the appointment of Ministerial private office staff issued by the Department of Finance are adhered to by my Department in addition to the requirements laid down in the Ethics in Public Office legislation.
The recruitment of staff by the State bodies under the aegis of my Department is an operational matter for the bodies concerned. While I retain responsibility for policy issues, I am not responsible and have no involvement in the day-to-day operational activities of these bodies, which are statutorily independent.
I can offer no comment or offer any response in respect of the example quoted by the Deputy, as I would have no function in the matter.
83 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of applications received for grants from the Enterprise Stabilisation Fund to date; the number which have been successful; the names of each applicant company; the names and amount received of all successful applicant companies; and if she will make a statement on the matter. [25354/09]
The Government approved a total of €100m for the Enterprise Stabilisation Fund to be disbursed over 2009 and 2010. A total of €50m has been included in the estimate of my Department for this purpose in 2009. Under the scheme, Enterprise Ireland can give up to €500,000 to viable companies with robust business models that are facing difficulties as a result of the current economic environment. The fund will supply direct financial support to internationally trading enterprises that are investing in cost reduction or other measures to gain sales in overseas markets. This fund will also be a key factor in sustaining client company employment.
The provision of grant assistance to individual companies is a matter for the development agency or body concerned, and not one in which I have a direct function. Enterprise Ireland has not released the individual company names and amounts approved as this is commercially sensitive information.
However, I have been informed by Enterprise Ireland that to date approximately €6m has been approved for 16 projects, €20m is under active negotiation with another 30 companies and over 100 further enquiries have been received. In summary, Enterprise Ireland has committed €6m and is negotiating the commitment of a further €20m leaving a balance of €24m in the Fund in 2009.
84 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment whether, if the full amount allocated to the Enterprise Stabilisation Fund is not distributed by the end of 2009, the remaining amount will be carried forward into 2010. [25375/09]
The Government approved an amount of €100m in total for the Enterprise Stabilisation Fund for the years 2009 and 2010. A total of €50m has been included in the estimate of my Department for this purpose in 2009. Under the scheme, Enterprise Ireland can give up to €500,000 to viable companies with robust business models that are facing difficulties as a result of the current economic environment. The fund will supply direct financial support to internationally trading enterprises that are investing in cost reduction or other measures to gain sales in overseas markets. This fund will also be a key factor in sustaining client company employment.
The question of carry-over of any unexpended funds from 2009 to 2010 will be decided in the context of the finalisation of my Department's estimate for 2010.
85 Deputy Jan O’Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment if it is planned to proceed with a proposed 25% reduction in the training budget for Skillnets Limited; if, in view of the importance of upskilling workers in the current economic climate, she will ensure that the funding is maintained; and if she will make a statement on the matter. [25380/09]
86 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 113 of 27 May 2009, if she will issue confirmation of the final drawdown from her Department to ensure that Skillnets Limited can then issue a letter of confirmation to Skillnets networks on the final drawdown in 2010 to allow them raise bank overdrafts; and if she will make a statement on the matter. [25402/09]
I propose to take Questions Nos. 85 and 86 together.
I refer to the reply to Question Numbers 119 to 122 of 19 May 2009 wherein I stated that a revised total 2009 allocation of €16.595m was notified by my Department to Skillnets Ltd on 13 May 2009. While I understand that Skillnets Ltd subsequently informed individual networks of their final grant allocations for the remainder of 2009, the notification and payment of grants to individual networks are operational matters for Skillnets Ltd in which I have no function.
Moreover, the allocation of the final retention grant payments to individual networks in 2010 is also a matter for Skillnets Ltd. and is subject to a number of variables, including the amount of total grant expenditure by networks and the amount of matching private funding provided by them in 2009. These will not be known until early 2010.
The budgetary allocation for the Skillnets Training Networks Programme next year is a matter for consideration within the forthcoming 2010 Estimates process.
87 Deputy Róisín Shortall asked the Minister for Finance if his attention has been drawn to the media reports that an insurance company (details supplied) is refusing to provide cover to certain people based on their addresses; if this practice is legal; the recourse available to members of the public who have been refused; and if he will make a statement on the matter. [25275/09]
88 Deputy Thomas P. Broughan asked the Minister for Finance the action he will take regarding reports that an insurance company (details supplied) will not provide insurance cover or policies to citizens in certain districts of Dublin, Cork, Limerick and Galway solely based on their postal addresses; the steps he is taking to address this discriminatory policy; and if he will make a statement on the matter. [25295/09]
92 Deputy Thomas P. Broughan asked the Minister for Finance if he will direct the Financial Regulator to review the licence of an insurance company that will not offer insurance cover or policies to citizens in certain districts of Dublin, Cork, Limerick and Galway solely based on their postal addresses; and if he will make a statement on the matter. [25296/09]
I propose to take Questions Nos. 87, 88 and 92 together.
These questions deal with reports that an insurance company is refusing to provide cover to certain people based on their addresses. At the outset, the Deputies should note that in my role as the Minister for Finance I have responsibility for the development of the legal framework governing financial regulation. The day to day responsibility for the supervision of financial institutions is a matter for the Financial Regulator which is statutorily independent in the exercise of its regulatory functions.
I am aware of the reports referred to by the Deputies. The Financial Regulator has informed me that it cannot compel insurers to quote for business. The decision to provide any specific form of insurance cover and the price at which it is offered is a commercial matter based on the assessment an insurer will make of the risks involved. Therefore the Regulator has informed me that there is no basis for a review of a company's licence for a failure to quote.
The Financial Regulator has also indicated that it has no role in relation to issues of pricing or the scope of cover provided by insurance companies. In addition, the Consumer Protection Code does not address the issue of the non-provision of insurance services based on an insurer's commercial assessment.
There are, however, some options open to persons who find themselves in this position. Firstly, they can contact the Irish Insurance Federation (IIF) which administers a Declined Cases Agreement. This is adhered to by all motor insurers in Ireland. Under the agreement, the insurance market will not refuse to provide insurance to an individual seeking insurance, if he/she has approached at least three insurers and has not been able to obtain cover from them. Details of this scheme can be found on the IIF website. The second option open to consumers in such circumstances is to refer any unresolved complaint to the Financial Services Ombudsman for investigation and adjudication.
89 Deputy Margaret Conlon asked the Minister for Finance the action he is taking to prevent the sale of cigarettes to minors by street traders selling illegally smuggled tobacco products. [25417/09]
I am informed by the Revenue Commissioners who have primary responsibility for tackling cigarette smuggling that such illicit trade is tackled using a combination of seizure and prosecution where appropriate. Seizure ordinarily takes place wherever illicit cigarettes are detected, which can be at the point of importation, for example ports, airports and postal depots, or inland where the product is stored, distributed or sold. This includes illegal selling at both markets and retail outlets.
In the case of street or market traders engaged in selling counterfeit or contraband cigarettes, enforcement action is carried out both by Revenue Officers and the Garda under tobacco tax stamp legislation.
To date in 2009, over 40m cigarettes with a retail value of approximately €16.7m have been seized. In addition, 72 convictions for smuggling and illegal selling have been obtained; those convictions include custodial sentences being imposed in 11 cases of which 7 were suspended. Proceedings have been instituted in a further 120 cases.
As regards the ban on the sale of cigarettes to minors as such, this is the responsibility of the Department of Health and Children and is enforced at retail outlets by Environmental Health Officers.
90 Deputy Christy O’Sullivan asked the Minister for Finance the person who is responsible when the custom and excise seize a sea vessel, such as in the case of a fishing trawler which was secured in such a way as to prevent the owner from boarding or undertaking any task, and which subsequently sank while in its charge; the code of practice in such cases; and the way a decision to make the owner responsible can be justified. [25274/09]
I have been informed by the Revenue Commissioners that the person responsible for the arrest of a vessel in the circumstances envisaged is the Admiralty Marshal of the High Court. Generally the arrest will be effected by an officer of the Revenue Customs Service acting as agent and on the direction of the Admiralty Marshal of the High Court. Once an order is made for such arrest the vessel will remain under arrest until such time as it is released by Court Order.
The arrest of vessels and cargo, and responsibility therefore while under arrest, is covered under separate pieces of legislation:
(i) Merchant Shipping Act 1854;
(ii) The Court of Admiralty (Ireland) Act 1867 (the 1867 Act);
(iii) The Court of Admiralty (Amendment) Act 1876;
(iv) The 1952 Arrest Convention ("1952 convention") which was given the force of law in Ireland by the passing of the Jurisdictions of the Courts (Maritime Conventions) Act 1989;
(v) S.I. 143 of 1990. The responsibilities of the ship's owner are determined by the foregoing legislation and the Court and are not a matter for the Revenue Commissioners.
91 Deputy Emmet Stagg asked the Minister for Finance when the issue of a tax rebate in respect of a person (details supplied) in County Kildare will be resolved. [25282/09]
I have been advised by the Revenue Commissioners that they are in correspondence with the person concerned to establish whether or not PAYE tax was deducted from the payments made to the person concerned during 2007.
93 Deputy Thomas P. Broughan asked the Minister for Finance if he will review the operation of the €10 air travel tax in view of the ongoing aviation and travel job losses and the reduction in aviation services which have been announced for winter 2009; and if he will make a statement on the matter. [25298/09]
As the Deputy is aware, I announced in Budget 2009 that an air travel tax would come into force in respect of passengers departing from Irish airports on and from 30 March 2009. A general rate of €10 per passenger would apply, with a lower rate of €2 for shorter journeys.
The Finance (No. 2) Act 2008 confirms the introduction of an air travel tax from 30 March 2009. However, I took account of concerns raised by the regional airports particularly those on the western seaboard. The lower rate of €2 will apply to departures from any Irish airport where the destination is 300 km or less from Dublin airport. This means that all Irish departures to locations such as Manchester, Liverpool and Glasgow will be subject to the €2 rate.
Ireland is not unique in regard to applying a tax on air travel. Other countries within the EU apply similar taxes such as the UK and France, as do Australia and New Zealand. The proposed rates for the Irish air travel tax are not unreasonable both for shorter and longer journeys, when compared to rates in other countries.
It should be recognised that tourists will only be subject to the tax on their return journey. The additional €10 or €2 in the context of a much larger purchasing decision involving travel, hotel expenditures etc. should not have much effect on tourist numbers. I appreciate the airline industry continues to go through a difficult period. However, this difficult trading period arises primarily from weak world economic activity and the spike in oil prices in 2008. Oil prices, despite increasing recently, have halved from the all-time high prices experienced last year.
It should be noted that at present the decline in air travel is an international phenomenon and as a result aviation services are contracting on a global basis. Indeed the decline in the number of people travelling is also evident in those countries where there is no air travel tax in place.
We currently face significant financial challenges and the air travel tax is an important revenue raising measure. I tried to be as fair as possible in looking at areas for additional tax revenues. It is also worth noting that fuel used by commercial airlines is completely exempt from tax, so it is a sector that already has considerable preferential treatment. I have no plans to review the air travel tax.
94 Deputy Jan O’Sullivan asked the Minister for Finance the progress he has made in persuading the main Irish banks and other lending institutions to permit persons who have fixed rate mortgages to transfer to variable rates without incurring significant costs; and if he will make a statement on the matter. [25319/09]
As the Deputy will be aware, fixed rate mortgages can be regarded as a form of insurance against interest rate changes as fixed rate mortgages provide certainty and security to borrowers regarding the level of their repayments.
When a borrower signs a fixed-rate mortgage contract with a mortgage provider, the lender in turn enters into an agreement where they borrow the money at an agreed rate. The mortgage lender must repay the money at this agreed rate, so there is a cost to the institution if the fixed rate agreement is terminated before the agreed term which gives rise to the redemption fee charged in these cases.
On 26 March 2009, I undertook, in this House, to raise concerns regarding the level of redemption fees with the Consumer Director of the Financial Regulator who has a statutory mandate to safeguard the interests of consumers. At the beginning of April my Department wrote to the Consumer Director to request confirmation that redemption fees charged for switching from a fixed rate mortgage cover funding costs only and that there are no other costs included.
To date, the Financial Regulator has been able to confirm to my Department that all mortgage lenders have responded and provided the formula they use when they calculate the early redemption fee that applies to fixed rate mortgages. The Financial Regulator is awaiting independent verification by an actuary that the fee charged by a number of lenders recoups only the costs incurred by the lenders when they finance the fixed rate mortgage. However, the verifications received show that the formulae applied by the relevant lenders seek to recoup the loss to them arising from the early redemption of the fixed rate mortgage and do not seek to apply a penalty charge to the borrower.
The Financial Regulator is also examining whether any other costs are being charged such as administrative fees. Any such charges may be subject to approval by the Financial Regulator under section 149 of the Consumer Credit Act 1995 and will be examined further in that light. To date, the responses indicate that most lenders do not levy additional charges in the case of early redemption of fixed rate mortgages.
The Financial Regulator has advised that further analysis may be necessary once all of the information is received and reviewed. Should the remaining analysis by the Financial Regulator indicate that further consideration of this issue is required, it will be carried out.
95 Deputy Michael Noonan asked the Minister for Finance if his attention has been drawn to the fact that the public procurement system operates unfairly against small contractors in so far as the pre-qualification regime and marking system used ensures that the order of pre-qualification generally reflects the size of the companies seeking to pre-qualify; if his attention has further been drawn to the fact that since the recession in the construction industry, larger companies are tendering for relatively small contracts and that as smaller contractors cannot pre-qualify they are being put out of business; if he will examine the marking system used to pre-qualify companies for tender purposes and revise it in order that smaller contractors are not discriminated against on the basis of size; and if he will make a statement on the matter. [25320/09]
Pre-qualification of contractors to be invited to submit tenders for public contracts is a necessary practice in public procurement. It is facilitated by the use of the standard suitability assessment questionnaire developed by the public sector and accepted by the Construction Industry Federation. Getting on a tender list requires a contractor to demonstrate the capacity to reach the minimum thresholds set at particular levels for a number of criteria in the suitability questionnaire. There is no simple pass-or-fail criterion.
The procuring authority is responsible for setting minimum thresholds as it is best placed to decide what is appropriate in a particular situation. As minimum thresholds can vary from project to project depending on its size, nature and complexity, they are not susceptible to standardisation. However, the overriding principles that all contracting authorities must observe when setting minimum thresholds are those set out in the EC Treaty of non-discrimination, proportionality, fairness and transparency. Contracting authorities are aware of these obligations and required to observe them when preparing tender lists.
I recognise the importance of public contracts as a source of business for SMEs and I am anxious to promote their participation to the greatest extent possible under EU law. It is inevitable, given the present conditions in the construction sector, that there will be greater competition for places on tender lists and in tender contests. However, the Government Contracts Committee for Construction is currently undertaking a review of guidelines Government Departments have published in relation to setting minimum standards. I will place this information on my Department’s website in due course.
96 Deputy Leo Varadkar asked the Minister for Finance the status of the nationwide revaluation of commercial properties being conducted by the Valuation Office; the timeframe for the completion of a nationwide revaluation; the benefits to a small or medium sized business that is successful in having its commercial property value lowered; and if he will make a statement on the matter. [25343/09]
I have been advised by the Commissioner of the Valuation Office that the current status of the Revaluation Programme is as follows:
The Valuation list for South Dublin County Council area was published on 31st December 2007.
Certificates with details of the proposed valuations (Proposed Valuation Certificates), have issued in respect of 5070 properties in the Fingal County Council area. The balance (approx. 650) of the Proposed Valuation Certificates will issue in September 2009 and the new Valuation List for Fingal County Council area will be published on 31st December 2009.
The process of Revaluation for Dun Laoghaire Rathdown County Council area is underway and the Proposed Valuation Certificates will issue in June 2010 with the final list being published on 31st December 2010.
The consultative process for the commencement of the Revaluation of Dublin City Council is in train. The estimated timeframe for completion of a nationwide revaluation is 10 years.
In terms of Revaluation, any business which has its valuation for rating purposes lowered relative to that of other rateable properties may experience a reduction in rates liability. However any such reduction will depend on the ARV (Annual Rate on Valuation — formerly Rate in the Pound) which falls to be determined by the relevant Local Authority.
97 Deputy Noel Ahern asked the Minister for Finance the position in relation to the action which can be taken by mortgage holders on fixed rates who want to transfer to variable rates, if there is an agreed code or criteria on the issue; the cost or penalty per month or year for the balance of the period of the fixed rate; and if he will make a statement on the matter. [25364/09]
As the Deputy will be aware, fixed rate mortgages can be regarded as a form of insurance against interest rate changes as fixed rate mortgages provide certainty and security to borrowers regarding the level of their repayments.
When a borrower signs a fixed-rate mortgage contract with a mortgage provider, the lender in turn enters into an agreement where they borrow the money at an agreed rate. The mortgage lender must repay the money at this agreed rate, so there is a cost to the institution if the fixed rate agreement is terminated before the agreed term which gives rise to the redemption fee charged in these cases.
On 26 March 2009, I undertook, in this House, to raise concerns regarding the level of redemption fees with the Consumer Director of the Financial Regulator who has a statutory mandate to safeguard the interests of consumers. At the beginning of April my Department wrote to the Consumer Director to request confirmation that redemption fees charged for switching from a fixed rate mortgage cover funding costs only and that there are no other costs included.
To date, the Financial Regulator has been able to confirm to my Department, that all mortgage lenders have responded and that all have provided the formula used by that lender when calculating the early redemption fee applying to fixed rate mortgages.
The Financial Regulator is awaiting independent verification, by an actuary, from a number of lenders that the fee being charged recoups only those costs incurred by the lender when financing the fixed rate mortgage. However, the verifications received indicate that the formulae applied by lenders seek to recoup the loss to the lender arising from the early redemption of the fixed rate mortgage and do not seek to apply a penalty charge on the borrower.
The Financial Regulator is also examining whether any other costs are being charged such as administrative fees, etc. Any such charges may be subject to approval by the Regulator under Section 149 of the Consumer Credit Act 1995 and will be examined further in that light. To date the responses indicate that most lenders do not levy additional charges in the case of early redemption of fixed rate mortgages.
The Financial Regulator has advised that further analysis may be necessary once all of the information is received and reviewed. Should the remaining analysis by the Financial Regulator indicate that further consideration of this issue is required, it will be carried out.
98 Deputy Noel Ahern asked the Minister for Finance if he will clarify the position in relation to the charging of the income levy on persons in receipt of pensions from Irish companies registered and based here, but where the persons are living abroad and making their tax arrangements where they live; if this practice is correct; and the way an exemption from same should be processed. [25365/09]
The position, in general, is that persons who are in receipt of pensions from Irish companies, registered and based here, are subject to the income levy in respect of that pension where the payment is in excess of the relevant thresholds set out in the legislation.
Where the recipient is resident abroad in a country with which Ireland has negotiated a Double Taxation Agreement, that individual will not be subject to the income levy if the Revenue Commissioners, in affording relief from double taxation under section 826(1)(a)(i) of the Taxes Consolidation Act 1997, have issued an Exclusion Order in respect of that income. However, persons who are in receipt of a pension as a consequence of having been office holders (e.g. civil servants) will be liable to income levy on that pension, even if resident in a country with which Ireland has negotiated a Double Taxation Agreement as that pension income continues to be taxable in Ireland under such agreements.
If the person is resident in a country with which Ireland has not negotiated a Double Taxation Agreement, the person will be liable to income levy and indeed income tax on the pension.
99 Deputy Leo Varadkar asked the Minister for Finance the compulsory acquisition processes initiated by the Office of Public Works in each year since 2005 to date in 2009; the purpose of each case; the outcome or current status of each case; and if he will make a statement on the matter. [25376/09]
The Office of Public Works has initiated no Compulsory Purchase Orders in the period in question.
100 Deputy Pat Breen asked the Minister for Health and Children if on-line back to school allowance application forms are being processed; the reason the Health Service Executive does not have the application forms to hand at a location (details supplied) in County Clare; if there is confusion with regard to same; and if she will make a statement on the matter. [25254/09]
As this is a service matter it has been referred to the HSE for direct reply.
101 Deputy Mattie McGrath asked the Minister for Health and Children the reason a person (details supplied) in County Tipperary who is a civil servant was not allowed join a pension scheme for civil servants but is still required to pay the pension levy; and if she will make a statement on the matter. [25278/09]
The employee concerned is an employee of the Health Service Executive. All public sector employees, including full time and part time employees on the payroll, who are, or are entitled to be members of a public service occupational pension scheme or pension arrangement are subject to the deduction provided for under the Financial Emergency Measures in the Public Interest Act, 2009.
Individual employees who opted out of the occupational pension scheme, as this employee did, may be entitled to a non-pensionable gratuity on reaching retirement age as provided for under the scheme rules.
102 Deputy John O’Mahony asked the Minister for Health and Children when all the funding granted under the Dormant Accounts Fund to a centre (details supplied) in County Roscommon will be released; and if she will make a statement on the matter. [25315/09]
The Dormant Accounts Fund for projects in the health sector is administered on a joint basis by POBAL and the Health Service Executive. In the circumstances, the matter raised has been referred to the Executive for direct reply to the Deputy.
103 Deputy Ciarán Lynch asked the Minister for Health and Children when a person (details supplied) in County Cork who applied for a medical card in April 2009 can expect a decision; and if she will make a statement on the matter. [25255/09]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
104 Deputy James Reilly asked the Minister for Health and Children his views on including Crohn’s disease under the long-term illness scheme; and if she will make a statement on the matter. [25267/09]
There are currently no plans to extend the list of eligible conditions covered by the Long Term Illness Scheme, which was introduced on a statutory basis in 1971. Under the Drugs Payment Scheme, which was introduced in 1999, no individual or family unit pays more than €100 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.
In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.
105 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if a person (details supplied) will be moved from St. Ita’s Hospital, Portrane to St. Vincent’s Hospital in Fairview, Dublin. [25271/09]
As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
106 Deputy James Reilly asked the Minister for Health and Children if she will look favourably on the request to have a person (details supplied) in County Offaly assessed as recommended; and if she will make a statement on the matter. [25289/09]
As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply
107 Deputy Jan O’Sullivan asked the Minister for Health and Children if she will review the position whereby people who suffer from Crohn’s disease cannot get a medical card or qualify for the long term illness scheme in view of the fact that this condition is lifelong; and if she will make a statement on the matter. [25290/09]
At present, medical cards are granted primarily on the basis of means and individual circumstances. Under the Health Act, 2004, determination of eligibility for medical cards is the responsibility of the Health Service Executive. The HSE has discretion, in cases of exceptional need, to provide assistance to individuals where undue hardship would otherwise be caused.
Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of general practitioner services. In 2005, the GP visit card was introduced as a graduated benefit so that people on lower incomes who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP. In June 2006, I agreed with the HSE to raise the assessment guidelines for GP visit cards and these are now 50% higher than those in respect of medical cards. For medical card and GP visit card applications, the HSE now considers an applicant's income after tax and PRSI are deducted, rather than total income. Allowances are also made for expenses on childcare, rent and mortgage costs and the cost of travel to work.
I have no plans to provide for the granting of medical cards to any particular group as a whole. However, my Department is currently reviewing the eligibility criteria for medical cards with a view to making the system as fair and transparent as possible, taking into account financial and medical need.
In relation to the Long Term Illness (LTI) Scheme there are also currently no plans to extend the list of eligible conditions covered by the scheme, which was introduced on a statutory basis in 1971. Under the Drugs Payment Scheme, which was introduced in 1999, no individual or family unit pays more than €100 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.
The conditions that qualify under the LTI scheme are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism, conditions arising from thalidomide and acute leukaemia. The LTI does not cover GP fees or hospital co-payments.
108 Deputy Jan O’Sullivan asked the Minister for Health and Children if she has received a letter dated 11 June 2009 regarding breast screening and mammography in County Kerry; the action she will take with regard to the transfer of the mammography service from Kerry General Hospital to BreastCheck in relation to the equipment used, the collection of data and transparency on the location and by whom the X-rays are read; and if she will make a statement on the matter. [25293/09]
A number of questions regarding cancer services were raised in the letter of 11 June to which the Deputy refers. Since writing, the person concerned has had a meeting with the Chief Executive Officer of the National Cancer Screening Service (NCSS) and the Clinical Director of BreastCheck's Southern Region. The person wrote to me again on 17 June to confirm that she has been reassured with regard to the reading of X-rays by BreastCheck radiologists at the Southern Screening Unit, located in Cork.
Symptomatic breast services at Kerry General Hospital are not transferring to BreastCheck and the person concerned confirmed her understanding of this situation at her meeting with the NCSS. Symptomatic breast services at the hospital have been transferred, under the National Cancer Control Programme, to Cork University Hospital. Follow-up mammography for symptomatic women will take place at Kerry General Hospital.
BreastCheck began screening women aged 50-64 years in County Kerry in April this year from a mobile unit using digital mammography. The person concerned has raised questions regarding the effectiveness of digital mammography. There is significant evidence that digital mammography is at least as effective as the modality which it replaces. Experience in BreastCheck to date indicates that the numbers of breast cancers being detected has increased as a result of the availability of digital mammography. All replacement mammography equipment in screening programmes worldwide is now in the digital modality.
109 Deputy Tom Kitt asked the Minister for Health and Children if she will supply information (details supplied) in respect of each Health Service Executive local office area in 2008 and the first quarter of 2009. [25300/09]
As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.
110 Deputy Mary Upton asked the Minister for Health and Children if funding will be maintained in respect of a project (details supplied) which has provided services for the children and communities in an area; and if she will make a statement on the matter. [25301/09]
Since it was established in 1998, the Government has allocated approximately €168m under the Young Peoples Facilities & Services Fund (YPFSF) to assist in the development of youth facilities (including sport and recreational facilities) and services in disadvantaged areas where a significant drug problem exists or has the potential to develop. Approximately €66m has been provided for capital developments, which include the building, upgrading, fit-out and refurbishment of some 220 youth and community facilities in the different target areas. In 2009 just under €20m in capital and current funding has been provided to support the valuable work being done through the Fund.
The Base Youth Centre has received YPFSF funding and has to date been allocated capital funding of €963,000 (€60,000 of which was in respect of fit-out) towards the youth element of the facility. The Centre is also in receipt of current annual funding which in 2009 will amount to €497,300 and is towards the staffing and running costs of the Youth element of the centre. This current funding has not been subjected to any reduction on the 2008 allocation.
As the Deputy is aware the economic landscape has changed dramatically and in the light of fiscal restraints now faced by Government all funding streams will have to be examined later this year to ensure compliance with the Governments desire to adjust spending commitments. All Development Groups, including Ballyfermot Development Group, will be kept informed in relation to funding.
111 Deputy Emmet Stagg asked the Minister for Health and Children the reason for the delay in issuing a medical card to a person (details supplied) in County Kildare. [25307/09]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
112 Deputy Finian McGrath asked the Minister for Health and Children if she will respond to a query (details supplied). [25313/09]
As this is a service matter it has been referred to the Health Service Executive for direct reply.
113 Deputy Denis Naughten asked the Minister for Health and Children if capital funding will be provided to a community childcare facility (details supplied) in County Roscommon; if her attention has been drawn to the shortage of such places in the area; and if she will make a statement on the matter. [25352/09]
As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme (NCIP) 2000 — 2006 under which capital grant funding is made available to community and commercial childcare providers for the development of childcare facilities.
With the economic downturn Government expenditure, particularly in the area of new capital commitments, was reviewed earlier this year. As a result, with the exception of a limited number of projects, it was necessary to inform all NCIP capital grant applicants, including the applicant referred to by the Deputy, that the programme was closed to additional applications. Existing capital commitments will continue to be processed during 2009 and 2010.
The City and County Childcare Committees will be advised by my Office if and when additional capital funding becomes available to my Office in 2011 and 2012.
114 Deputy Noel Ahern asked the Minister for Health and Children if she will clarify the position with respect to the Medical Hardship Fund; if it applies to persons not qualifying for a medical card seeking assistance with daily hospital in-patient charges and prescriptions charges; the criteria and so on which apply; and if she will make a statement on the matter. [25367/09]
While there is no scheme known as the Medical Hardship Fund, the granting of a medical card is based on the avoidance of undue hardship on the part of cardholders in meeting their medical needs. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations. Medical card holders are exempted from payment of in patient charges and their prescribed drugs and medicines are provided free of charge.
In addition, people in the following categories are exempt from payment of in-patient charges:
women receiving services in respect of motherhood;
children up to the age of six weeks;
children referred for treatment from child health clinics and school health examinations;
children suffering from diseases or disabilities prescribed under section 52 (2) of the Health Act 1970;
persons receiving services for the diagnosis or treatment of infectious diseases prescribed under the Health Act, 1947;
long-stay patients who are already subject to a charge; and
holders of a Health (Amendment) Act Card
Furthermore, under the Drugs Payment Scheme (DPS), which was introduced in 1999, no individual or family unit pays more than €100 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.
115 Deputy Noel Ahern asked the Minister for Health and Children if she has data in relation to the average time for the processing of a medical card application in each of the Health Service Executive areas; if her attention has been drawn to the fact that five to six months appears to be standard; if this is incorrect; and the reason the application of a person (details supplied) in Dublin 11 submitted in January 2009 has still not been decided on. [25366/09]
The information requested by the Deputy is not routinely collected by my Department. I would point out however, that the number of persons applying for a medical card has increased greatly in recent months due to the downturn in the economy and the associated rise in the live register. In the first five months of 2009 there was a net increase of 46,566 medical card holders and 4,491 GP visit card holders. There are now over 1.39 million persons with a medical card and over 90,000 persons with a GP visit card.
Up to the start of this year, medical card and GP visit card applications were processed in the 32 local health areas. However, under the Health Service Executive's 2009 Service Plan, the processing of medical card and GP visit card applications will be centralised in the Primary Care Reimbursement Service (PCRS) in Dublin. The change is being implemented on a phased basis and has commenced with the PCRS processing all applications for persons aged 70 and over.
Under the new arrangements, the HSE will be aiming for a turnaround time of 15 days or less for all applications. Emergency applications will be dealt with immediately with a card issuing within 24 hours.
The HSE has the operational responsibility for the General Medical Services (GMS) Scheme. Accordingly, my Department has asked the Parliamentary Affairs Unit of the Executive to address the issues raised, and to have a reply issued directly to the Deputy.
116 Deputy James Reilly asked the Minister for Health and Children the contracted capital building and equipping projects which will proceed in 2009; the non-contracted capital building and equipping projects which have been put on hold due to reduced capital funding from the Exchequer; and if she will make a statement on the matter. [25371/09]
117 Deputy James Reilly asked the Minister for Health and Children when the review of new Health Service Executive capital proposals being carried out by her will be completed; and if she will make a statement on the matter. [25372/09]
118 Deputy James Reilly asked the Minister for Health and Children the amount of money originally made available for Health Service Executive building and capital projects in 2009; the revised building and capital budget for 2009; and if she will make a statement on the matter. [25373/09]
I propose to take Questions Nos. 116 to 118, inclusive, together.
The Public Capital Programme in October's Budget 2009 included €425.45m for the building, equipping and furnishing of health facilities. Following the Supplementary Budget in April, the capital allocation available for 2009 now stands at €370.724m.
The Health Service Executive is currently revising its Capital Plan to take account of the revised capital allocation following the Supplementary Budget. Information on the extent and timing of commitments already entered into is being updated as part of this review process. It is clear at this stage that expenditure in 2009 will need to be managed carefully within the available limits and further commitments will require prioritisation within the likely funding envelope in future years. In determining its capital programme, the Health Service Executive is required to prioritise the capital infrastructure projects to be progressed within its overall capital funding allocation, taking account of the targets for apportionment of capital investment between the Acute and Primary, Community & Continuing Care programmes and the contractual commitments in place from earlier years.
When completed, the Executive's revised Capital Plan 2009 — 2013 must be submitted for my approval with the agreement of the Minister for Finance. Details of the individual projects being included in the Capital Plan will be made available when the plan is approved.
119 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive a date for a hip replacement; and if she will make a statement on the matter. [25379/09]
As this is a service issue, it has been referred to the HSE for direct reply.
120 Deputy Liz McManus asked the Minister for Health and Children if she plans to close or cut facilities for respite care at St. Colman’s Hospital, Rathdrum, County Wicklow; if her attention has been drawn to the hardship that this will cause patients and their families; and if she will make a statement on the matter. [25382/09]
As this is a service matter it has been referred to the Health Service Executive for direct reply.
121 Deputy Mary Upton asked the Minister for Health and Children if she will ensure that the back payment due in respect of a domiciliary care allowance claim for a person (details supplied) in Dublin 12 will be processed; and if she will make a statement on the matter. [25383/09]
As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
122 Deputy Thomas P. Broughan asked the Minister for Health and Children if she will report on the availability of ambulances for the north side of Dublin in view of recent reports that ambulances were not available for call-outs in the region as a result of a lack of capacity at Beaumont Hospital; and if she will make a statement on the matter. [25386/09]
As this is a service matter, it has been referred to the HSE for direct reply.
123 Deputy Thomas P. Broughan asked the Minister for Health and Children if she will provide a department of ophthalmology at Beaumont Hospital, Dublin 9; and if she will make a statement on the matter. [25388/09]
As this is a service matter it has been referred to the Health Service Executive for direct reply.
124 Deputy Tom Hayes asked the Minister for Health and Children if she will release funding for new residential placements in disability services in south Tipperary in view of the fact that the funding released to date has only covered persons who were on 2007 waiting lists; if people on 2008 and 2009 waiting lists who have a high priority level will be dealt with; and if she will make a statement on the matter. [25391/09]
As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
125 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 9. [25394/09]
As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
126 Deputy Ruairí Quinn asked the Minister for Health and Children when she will issue the application forms and information packs for the recently announced early childhood care and education scheme for both parents and the owners of child care facilities; if she will forward a copy to this Deputy when they become available; and if she will make a statement on the matter. [25395/09]
As the Deputy will be aware, I have responsibility for the implementation of the new scheme to provide a free Pre-School in Early Childhood Care and Education (ECCE), which will be implemented from January 2010.
As part of the preparations for introducing the new scheme, the Childcare Directorate of my Office recently wrote to almost 5,000 private and voluntary pre-school service providers in the State, inviting them to participate. These included pre-school service providers who are notified to the Health Service Executive (HSE) or registered with the Irish Montessori Education Board (IMEB) and a number of other persons who have expressed an interest in establishing a pre-school service and participating in the scheme. Application forms and other relevant information regarding the scheme were included in this correspondence and applicants are now returning forms to their local City or County Childcare Committees. The closing date for response is 10 July 2009. I have asked officials in the Childcare Directorate in my Office to forward a copy of the correspondence in question to the Deputy.
I understand that a list of participating services in each area will be made available to each City and County Childcare Committee by the end of September 2009 and parents of qualifying children will be able to contact their local Committee from that point to obtain details of local services entering the scheme. Parents will then be in a position to enrol children in local services. In many cases, parents will already have plans in place to enrol their children in services which are in the process of applying for the scheme or may already have children attending a service which proposes to participate.
127 Deputy Ciarán Cuffe asked the Minister for Transport the details of the draft bus licence issued to a company (details supplied); the stops which have been excluded and included in the draft licence; the reason for same; and if he will make a statement on the matter. [25318/09]
The Deputy is referring to an offer of a bus route licence made by my Department on 26 May 2009, following an appeal of an earlier decision in that regard.
The applicant to whom the offer was made was informed by my Department on 12 June that if the licence offer was not accepted by 19 June, no further consideration would be given to his application and the Department would then proceed to consider an application on hand from another operator to provide a similar service.
The applicant replied on 19 June rejecting the offer. The application has, therefore, been finalised and I am now in a position to inform you of the details of the application.
The applicant originally sought approval for an hourly service between Dalkey and Dublin Airport with stops at Dalkey, Glasthule, Dun Laoghaire, Monkstown, Blackrock and Ailesbury Road.
The applicant later amended the application to include an additional stop at the Killiney Castle Hotel. Approval was given for all requested stops bar Glasthule, Blackrock and Ailesbury Road.
The Blackrock and Ailesbury Road stops were refused as these stops and the timings would give rise to competition with an existing licensed operator providing an express Dublin Airport service. It is the Department's policy to avoid creating head-to-head competition between operators particularly where there are similar departure times.
Consideration of the request for the Glasthule stop was deferred until consideration of a prior application for a service on this route was completed. The next step is to consider an application from another operator.
128 Deputy Noel Ahern asked the Minister for Transport if he will clarify the position in relation to companies providing car insurance; the rules and criteria under which they operate; if they can discriminate against persons on grounds of geographic location (details supplied); and if he will make a statement on the matter. [25359/09]
It is compulsory under the Road Traffic Acts to have motor insurance to use a motor vehicle in a public place. A motor insurance policy is a private contract between the motor insurer and the driver. Insurers assess risk and charge premiums based on that risk assessment. Motor insurance companies in Ireland insure vehicle drivers rather than vehicles. This enables them to calculate the risks associated with a specific driver and thereby price the insurance premium accordingly. The factors taken into account when calculating the risk include the age, gender and driving experience of the driver, the engine size of the vehicle and its usage together with the address at which the vehicle is based. On occasions insurers may decide that they do not wish to cover the risk.
Because motor insurance is compulsory, The Government has an agreement with the motor insurance industry called the Declined Cases Agreement. By virtue of this agreement, where a qualified driver cannot secure motor insurance or in instances where the premium is so high as to be tantamount to a refusal to quote, the Declined Cases Committee operated by the Irish Insurance Federation will seek to find a motor insurer.
129 Deputy Olivia Mitchell asked the Minister for Transport when pre-clearance facilities will be introduced at Shannon and Dublin Airports; if facilities, infrastructure, staff or other logistical measures necessary for the commencement of the facilities have been put in place; the potential he foresees both facilities have in terms of generating additional business or revenue for Ireland; and if he will make a statement on the matter. [25370/09]
I am informed by the Shannon Airport Authority that the construction of the preclearance facility at the airport is due to be completed shortly and that they hope to have the facility operational by end-July.
Preclearance is due to be introduced at Dublin Airport when Terminal 2 opens there next year. In relation to the necessary legislation, the Deputy may be aware that the Aviation (Preclearance) Bill 2009 was passed by Seanad Eireann on the 16th of this month and I hope to introduce it in Dáil Éireann next week to enable it to be enacted before the Summer recess.
My officials are working closely with the US authorities on the final aspects of the operating procedures between the two administrations to ensure that preclearance will work to the benefit of both countries. My objective is that these collaborative efforts with the U.S. will allow preclearance to be inaugurated in Shannon before the end of July.
Preclearance is a significant development for Irish Aviation. As well as improving the passenger experience for those travelling to the U.S., preclearance should, over time, contribute significantly to the growth of new business for Irish Airports as airlines take advantage of unique opportunities arising from access to a wider range of airports in the U.S.
130 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the status of the naturalisation application in respect of a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [25284/09]
I refer the Deputy to my reply to Parliamentary Question 375 on 22 April 2009. The position remains as stated.
131 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the cost of transferring prisoners from jail to attend court hearings in 2007 and 2008 in tabular form; and if he will make a statement on the matter. [25285/09]
I am informed that precise details of the cost of escorts arranged to transfer prisoners specifically for the purposes of court appearances are not readily available within the Irish Prison Service. Due to the volume of court escorts which took place over the periods in question, it would not be possible to calculate the costs requested without an inordinate amount of manual checking of records by the Irish Prison Service. The costs attributed to all escorts undertaken by the Prison Service Escort Corps for 2007 and 2008 are €14.6 million and €14.4 million, respectively. These costs include the costs associated with the transfer of prisoners specifically for the purposes of court appearances. Certain other non-pay escort-related costs are charged to individual prisons and these costs are not included in the above.
132 Deputy Seán Fleming asked the Minister for Justice, Equality and Law Reform if he will request the Land Register to reply to a solicitor regarding the establishment of title to a property for a person (details supplied) in County Kerry. [25338/09]
I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November, 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.
I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
133 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the procedure to be followed for a person (details supplied) in County Kildare who wishes to remain in the State; and if he will make a statement on the matter. [25340/09]
I am informed by the Immigration Division of my Department that the person in question should make an application to the EU Treaty Rights Section of my Department to renew their residence in the State.
The person in question should apply on Form EU3, which can be requested via e-mail from eutreatyrights@justice.ie or downloaded from our website, www.inis.gov.ie.
134 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if funding will be maintained for a group (details supplied); and if he will make a statement on the matter. [25341/09]
The group to which the Deputy refers were funded by the Remembrance Commission from 2003 to 2008. The Remembrance Commission, which was established on foot of the report of the Victims' Commission, A Place and a Name, disbursed funding in accordance with the Scheme of Acknowledgement, Remembrance and Assistance for Victims in this Jurisdiction of the Conflict in Northern Ireland. Under the Scheme, an amount of money was made available to victim support groups for the purpose of meeting the counselling needs of victims or members of the surviving families of victims in this jurisdiction as a result of the conflict. The group in question was the only recipient of money under this heading, receiving a total of almost €1.2m from the Commission.
The term of appointment of the Remembrance Commission, which was originally three years, was extended by a further year on two occasions. The term of appointment came to an end on 31 October 2008. Subsequently, I took a decision to grant an amount of further funding to the group in respect of the second half of its financial year, which ends on 31 July 2009. I have since made an additional amount of money available to the group out of the monies available to my Department for 2009. The funding awarded to the group following the end of the Remembrance Commission's term of appointment totals €190,300. I understand that this funding will be sufficient to allow the group to continue to operate well into next year.
Officials of my Department met recently with representatives of the group in question to inform them that, as the financial allocation to my Department in respect of the Remembrance Commission no longer exists, no further funding of this kind could be made available to the group. The group has been advised to explore other avenues of funding which may be open to it. My first priority, as I have previously stated to the House, is to ensure that the long-term medical expenses of survivors of incidents in this jurisdiction arising from the conflict in Northern Ireland will continue to be provided for and I can confirm that this will be the case.
135 Deputy Beverley Flynn asked the Minister for Justice, Equality and Law Reform if he proposes to reform lease law to ban upward only rent reviews in respect of commercial property in view of the inability of many businesses to meet the cost of high rents in the current difficult business environment. [25356/09]
As indicated in my response to Parliamentary Question No. 150 on 7 April last,I have written to a number of relevant bodies highlighting my concerns about current practice in relation to upward only rent reviews, and urging that a more flexible and innovative approach be taken in relation to this issue. I am keeping the matter of legislative intervention under active consideration.
136 Deputy Noel Ahern asked the Minister for Justice, Equality and Law Reform if he will clarify the position in relation to the system of house deeds, possession, recording, control and validity of same; and if he will make a statement on the matter in relation to persons (details supplied) in Dublin 9. [25360/09]
I am informed by the Property Registration Authority that the application referred to by the Deputy was completed on 15 February, 2008 and that related information requested in his Question has been forwarded directly to the Deputy by the Authority.
137 Deputy Noel Ahern asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to complaints from an association (details supplied) regarding the damaging effects of their members by the after 10 p.m. ban on off licence sales, and the damage it has done to employment, and the unfair advantage given to multiples; his plans or intentions to extend the 10 pm deadline and bring balance and fairness to the system; and if he will make a statement on the matter. [25361/09]
The Government Alcohol Advisory Group submitted its Report containing recommendations for reforms in statutory provisions on the public order aspects of the sale and consumption of alcohol in March 2008. Its key recommendations, including the recommendation that off-sales of alcohol be permitted only between the hours of 10.30 a.m. and 10.00 p.m., were subsequently accepted by the Government and were given statutory effect in the Intoxicating Liquor Act 2008.
Section 4 of the 2008 Act contains the new provisions restricting the off-sales of alcohol and it has received broad public support as part of the Government's overall strategy to address the significant public disorder and hugely damaging public health aspects of excessive alcohol consumption and binge drinking. I have no plans therefore to extend the periods during which of-sales of alcohol are permitted.
138 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the penalties under public order legislation for alcohol related disorder; his plans to review or increase these penalties; and if he will make a statement on the matter. [25387/09]
Most public order offences involving alcohol related disorder are prosecuted under the Criminal Justice (Public Order) Act 1994. Sections 4 and 5 of that Act are of particular relevance to alcohol related offences. They relate to offences of intoxication in a public place and disorderly conduct in a public place, respectively.
The Deputy will be aware that, as part of a general review of the fines for public order offences, the fines for offences under sections 4 and 5 were increased last year by an amendment to the 1994 Act in the Intoxicating Liquor Act 2008. The maximum fine for persons convicted of an offence under section 4 is now €500 and the maximum fine for a conviction under section 5 is now €1000.
I would also draw the Deputy's attention to Section 8 of the 1994 Act. That section provides for a Garda to direct a person to desist from behaving in a manner contrary to the provisions of section 4 and 5. The Garda may instruct the person to leave the vicinity of the area in question. Failure to comply with the direction is an offence punishable by a fine or up to six months imprisonment, or both. The maximum fine was increased to €1000 by the 2008 Act. The 2008 Act presented an opportunity to further enhance Garda powers to combat alcohol related disorder with the insertion of a new section 8A into the 1994 Act. Section 8A provides that a Garda may confiscate intoxicating liquor from a person and may direct that person and any accompanying persons to leave the area in a peaceable manner. A person convicted of an offence under this section is liable to a fine of up to €1000.
The Deputy will be aware that section 3 of the Criminal Justice (Public Order) Act 2003 provides for exclusion orders, which may be imposed on persons convicted of specified offences under the 1994 Act, including offences under Sections 4 and 5. Certain restrictions can be imposed by these orders regarding access to certain catering premises.
I would also inform the Deputy that in September 2008, I introduced Regulations that provide for the issue of fixed charge notices for offences under sections 4 and 5 of the 1994 Act. These Regulations permit a Garda to serve a fixed charge notice on a person who, in the opinion of the Garda, has committed one of these offences. The notice provides for the option of paying a fixed charge of €140 in respect of disorderly conduct and €100 in respect of public intoxication, instead of being prosecuted for the relevant offence. These Regulations gave effect to sections 23A and 23B of the 1994 Act which were inserted by Section 184 of the Criminal Justice Act 2006.
Having introduced the measures mentioned above so recently, I have no plans at present for further changes in the level of penalties but I will be keeping the situation under review.
139 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of training places and courses available to gardaí in Templemore College, County Tipperary and at Garda headquarters, Dublin; the number who have attended courses; the capacity for each year from 2002 to date in 2009; the garda budget allocated to fund ongoing training courses for gardaí for each year since 2002 to date in 2009; and if he will make a statement on the matter. [25389/09]
I have requested the information sought by the Deputy from the Garda Commissioner. I will write to the Deputy directly when this information is to hand.
140 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25393/09]
I wish to inform the Deputy that the permission granted to remain in the State to the person concerned under the IBC/05 Scheme, was revoked in July of 2008 on foot of information received in my Department from the Garda National Immigration Bureau. The person in question was written to and informed of this decision and was also invited to submit updated representations under section 3 of the Immigration Act,1999 as to why a Deportation Order should not be made in respect of him. This letter, which was sent by registered post to the most recent address which my Department had for the person concerned, was subsequently returned to my Department marked "not called for".
I have arranged for officials within my Department to update the address of the person in question to that provided by the Deputy and re-issue the letter referred to. Any response to that letter, when received, will be assessed by the relevant officials and the person concerned will be notified of any decision made subsequently.
141 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he has received an application for leave to remain in the State from a person (details supplied) in County Longford; when such an application will be considered; and if he will make a statement on the matter. [25407/09]
The person concerned applied for asylum on 10 October 2008. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 9 March 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).
The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file is passed to me for decision.
142 Deputy Joe Costello asked the Minister for Foreign Affairs the amount of Overseas Development Aid which is provided annually to the Democratic Republic of Congo; the mechanism of distribution; the projects funded; and if he will make a statement on the matter. [25392/09]
The Government remains seriously concerned about the humanitarian situation in the Democratic Republic of Congo (DRC), where there are more than 1.7 million internally displaced persons as a result of conflict.
The Government's aid programme, operated by Irish Aid, does not have an annual budget for the Democratic Republic of Congo. However, because of the level of humanitarian need, our support in recent years for the people of the country has been substantial. All funding has been channelled through our established UN and Non-Governmental Organisation (NGO) partners. It is allocated on the basis of need to the agencies which are best placed to be effective.
In 2008, Ireland provided a total of almost €12.5 million in assistance to the Democratic Republic of Congo. Of this, some €8.5 million was allocated as emergency humanitarian aid through a range of established partners on the basis of need. These partners included the UN's Common Humanitarian Fund for the DRC, Concern, Trócaire, Oxfam, Christian Blind Mission and the International Committee of the Red Cross. The balance of €4 million was allocated to NGO partners for development and human rights activities. This funding was provided through a range of established mechanisms including Irish Aid's Multi Annual Programme Scheme, the Civil Society Fund, the Block Grants Scheme and through Misean Cara. The organisations funded through these schemes included Concern, Goal, Trócaire, a number of Missionary organisations, the International Rescue Committee and the Carter Centre.
The precise level of humanitarian funding in 2009 will depend to a great extent on developments in the humanitarian situation in the Democratic Republic of Congo. To date, €3,775,000 has been allocated, €3.5 million of which is being channelled through the UN's Common Humanitarian Fund, and €275,000 through the NGO, Médecins Sans Frontières. In addition, funding for development and human rights activities in 2009 is being channelled through the existing mechanisms for cooperation with our NGO partners. It is anticipated that it will be broadly in line with the pattern of funding in 2008.
143 Deputy Michael McGrath asked the Minister for Arts, Sport and Tourism if he will arrange for the payment of a grant to a club (details supplied) in County Cork under the sports capital programme. [25317/09]
A grant of €100,000 was provisionally allocated to the project in question under the Sports Capital Programme in 2006. The grant allocation is subject to the terms and conditions of the Programme, which include compliance with requirements relating to a deed of covenant and charge.
A deed of covenant and charge provides, inter alia, for a refund of the grant in the event of the facility not continuing to be used for the purpose for which the grant was allocated. The Department’s legal adviser, the Chief State Solicitor’s Office — CSSO — deals with the grantee’s solicitor in relation to the deed. Formal approval of an allocation under the Sports Capital Programme is not possible until the CSSO notifies my Department that all legal issues are completed. This notification was received yesterday in the case of the allocation in question.
The guidelines, terms and conditions for the programme specify that the Department will pay grants in stages as an approved project proceeds by reimbursing the applicant's costs when they submit original, paid, valid invoices or certificates of payment and upon receipt of appropriate tax clearance certification. The Department typically pays 70% of the value of the valid paid invoices submitted. In addition, the Department reserves 5% of the grant pending confirmation from a consultant or architect that the facility has been satisfactorily completed in all respects. A letter issued to the club in question yesterday from the Department outlining the outstanding items required to be submitted in support of the payment of the grant, subject to the retention arrangements outlined above.
144 Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the number of formal applications which have been made and approved by Fáilte Ireland under the mid-Shannon tourism investment scheme; the amount of funding which has been drawn down to date under the scheme; and if he will make a statement on the matter. [25368/09]
The Mid-Shannon Tourism Infrastructure Investment Scheme, which was introduced in section 29 of the Finance Act 2007 and launched in June 2008, provides tax incentives for investment in tourism attractions and facilities in the designated Mid-Shannon Corridor. The approval and certification of projects under the Scheme is a matter for the Mid-Shannon Tourism Infrastructure Board in accordance with the guidelines issued by the Minister for Arts, Sport and Tourism in consultation with the Minister for Finance.
The Mid-Shannon Board and the executive teams within Fáilte Ireland and Shannon Development have extensively promoted the Scheme since its commencement date. Information seminars have been held with industry groups throughout the targeted region and local authorities have also been engaged to ensure their support for the Scheme and projects that might result from it.
I am advised that, to date, a total of nine applications have been submitted to Fáilte Ireland and Shannon Development for consideration under the Scheme. These applications are currently being prepared for submission to the Mid-Shannon Board for evaluation. The Board has not yet approved any project under the Scheme.
The Finance Act 2009 made provision to extend the period during which such applications can be made from one year to two years so that the latest date for the submission of applications is now 31 May, 2010. The eligible period within which expenditure must be incurred for capital allowances purposes has also been extended to 31 May, 2013. These extensions of time are subject to the approval of the European Commission.
145 Deputy Seymour Crawford asked the Minister for Community, Rural and Gaeltacht Affairs the progress made towards the re-opening of the Ulster Canal from Clones, County Monaghan to Lough Erne; and if he will make a statement on the matter. [25310/09]
I am advised that Waterways Ireland has recently awarded contracts for a survey and an Environmental Impact Assessment (EIA) on this section of the Canal. The work on the EIA will run for 12 months. On completion of the survey and as the EIA is progressed, the options for the route of the restored section of canal will be reviewed.
When a preferred option is identified, I am advised that it will be developed and submitted for planning approval. Following receipt of planning permission, the land acquisition process will be finalised. Subject to the foregoing processes and available resources, it is anticipated that the design and construct contract could be let with a view to construction commencing in 2011.
146 Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs his proposals to recommence the summer jobs scheme for students and temporary staff, in view of the fact that due to budgetary constraints, local authorities are unable to hire students and temporary staff who would normally be employed during the summer months to help with the maintenance of cemeteries and so on; and if he will make a statement on the matter. [25374/09]
I refer the Deputy to my reply to Question 350 on 31 Márta 2009. The position is unchanged.
147 Deputy Thomas P. Broughan asked the Minister for Community, Rural and Gaeltacht Affairs if he will reverse his decision to end funding in respect of evening transport services in seven rural areas including east and west Cork, Cavan, Sligo, Roscommon, Donegal and Laois from 7 July 2009 in view of the role that transport services play for senior citizens and other vulnerable citizens in rural areas and the existing rural public transport gap; and if he will make a statement on the matter. [25390/09]
The Evening Rural Transport Scheme was funded by this Department as a Pilot initiative, with 7 groups selected. It was always intended that funding would be on this pilot basis and would, therefore, be temporary.
In the context of the pilot scheme coming to an end, I recently met with representatives of 6 of the 7 groups to discuss with them their experiences of operating the pilot Evening Scheme, the costs involved in administering it and how elements of it might be incorporated into the Rural Transport Programme going forward.
Pobal, who administer the pilot Scheme on my behalf, will be meeting with the 7 groups this week to discuss with them how certain priority evening services that they operate might be incorporated into the Rural Transport Programme which is operated by the Department of Transport.
148 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when a farm assist payment will be awarded to persons (details supplied) in County Kildare who applied for same in February 2009; and if she will make a statement on the matter. [25322/09]
The couple concerned applied for Farm Assist on 18 February 2009. The application is currently with a Social Welfare Inspector for investigation and it is expected that this will be completed within the next week or so. A decision on their claim will be made immediately thereafter for investigation and they will be notified of the outcome as soon as possible.
149 Deputy James Reilly asked the Minister for Social and Family Affairs if she will investigate the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [25268/09]
The person concerned applied for jobseeker's allowance on 4 February 2008. He was requested to furnish certain documentation within 7 days of this date in support of his application. He was advised that failure to do so within the specified time would result in the closure of his claim. He failed to furnish the required documentation within the specified time and his claim was subsequently closed.
The person concerned made a further application for jobseeker's allowance on 13 February 2009. He was awarded payment at the rate of €98.30 per week with means assessed at €106.00 per week.
With regard to the persons participation on a Community Employment scheme, the age at which persons are accepted on CE schemes is a matter for FÁS. The Department has arranged for the person concerned to be referred to FÁS on 8 July 2009 for interview under the Employment Action Plan (EAP).
150 Deputy Paul Kehoe asked the Minister for Social and Family Affairs the medical criteria for the domiciliary care allowance scheme that must be met for an application to be successful; and if she will make a statement on the matter. [25283/09]
In order to qualify for Domiciliary Care Allowance a child must have a disability so severe that the child needs care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively all of the time, so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months.
Eligibility for Domiciliary Care Allowance is not based primarily on the impairment or disease, but on the resulting lack of function of body or mind necessitating a degree of extra care and attention required. Each application is assessed on an individual basis taking account of the evidence submitted.
As there were no agreed national medical guidelines for the scheme while it was administered in the Health Service Executive, an Expert Medical Group was established in advance of the transfer of functions to this Department. This Group was chaired by this Department's Chief Medical Advisor and comprised of medical personnel from the HSE as well as some eminent professionals in the areas of physical disabilities which affect children and child psychology. The primary purpose of this Group was to arrive at a consensus regarding the medical eligibility in order to qualify for Domiciliary Care Allowance from the Department with a view to ensuring a consistency in the application of the scheme rules. Every application is assessed by the Department Medical Assessors and an individual medical opinion, based on the information submitted by the applicant in support of their claim, is offered in each case.
In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task.
Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office.
151 Deputy Paul Connaughton asked the Minister for Social and Family Affairs if there are plans to allow Irish citizens who have returned home after working for many years outside the country, and consequently have a pension from another country, to apply for the living alone allowance and free fuel allowance to her Department; and if she will make a statement on the matter. [25348/09]
The living alone increase is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments and who are living alone. It is also available to people under 66 years of age who are living alone and who receive payments under one of a number of invalidity type schemes. The increase is intended as a contribution towards the additional costs people face when they live alone.
The increase is not a payment in its own right but a supplement to an Irish social welfare payment. As such, it cannot be paid to people without a social welfare entitlement or to those whose pension payments are made exclusively under the social security regimes of other countries. There are no plans to change these criteria.
In relation to those receiving payments exclusively from other countries, the needs of older people are often provided for in different ways by these countries. While the Irish system provides a basic pension, supplemented by allowances and other benefits, the approach adopted by other countries can be very different, with each country providing for the needs of older people in the way it sees fit. The fact that a living alone increase is not paid by another administration merely reflects a different approach to providing for the needs of older people.
It is, of course, open to recipients of pensions from other countries to apply for pensions under the Irish system and they can do this in a number of ways. Those with a mixture of social insurance contributions from this country, other EU countries, or from countries with which Ireland has reciprocal agreements, may qualify for a pro-rata contributory pension. Alternatively, they may qualify for a non-contributory pension if they can satisfy a means test. Improvements made to the income disregard in recent years have made it easier for people to qualify for a pension and receive the additional support provided under our pension system for those who live alone.
The national fuel scheme is a means-tested payment for householders on long-term social welfare or health service executive payments to assist with meeting the cost of their additional heating needs during the winter season. Fuel allowances are paid for 32 weeks from end-September to end-April. The allowance represents a contribution towards a person's normal heating expenses. A pension/benefit or equivalent payment from any country governed by EU Regulations or a country with which Ireland has a bilateral social security agreement is considered a qualifying payment for the purpose of the national fuel scheme. The main conditions that apply to the fuel allowance scheme are that a person must be in receipt of a qualifying payment, satisfy a means test and must either be living alone or only with a qualifying dependant.
152 Deputy P. J. Sheehan asked the Minister for Social and Family Affairs if she will review the anomaly which requires adopted persons to apply to Roscommon for a birth certificate while others obtain a birth certificate at Joyce House, Dublin as in the case of person (details supplied) in County Dublin; and if she will make a statement on the matter. [25415/09]
I have made enquiries of an tArd-Chlaráitheoir regarding the matter raised by the Deputy and the position is as set out below.
The provisions governing the registration of domestic adoptions and the issue of birth certificates drawn from the register of adoptions are set out in section 22 of the Adoption Act, 1952. Under these provisions, the Registrar General is charged with maintaining an Adopted Children Register and also to keep an index to make traceable the connexion between each entry and the corresponding entry in the register of births. The index is not open to public inspection and no information from it may be given to any person except by order of a Court or of the Adoption Board. A certified copy of an entry in the Adopted Children Register, if purporting to be issued under the seal of Oifig an Ard-Chlaraitheora, shall, without further proof, be received as evidence of the facts stated therein and any requirement of law for the production of a certificate of birth shall be satisfied by the production of such certified copy.
Under the above provisions, birth certificates for adopted persons are available only from the Office of the Registrar General. While it is appreciated that this may cause a degree of inconvenience in certain instances, the security and confidentiality of the Adopted Children Register is of paramount importance and it is for this reason only that the restriction on availability exists. For this reason also, there are no plans to amend the legislation to change the current arrangements in relation to this matter.
153 Deputy Jimmy Deenihan asked the Minister for Defence if he will acquire the former ISPAT site on Haulbowline, County Cork, for the Naval Service; and if he will make a statement on the matter. [25345/09]
The Department of the Environment, Heritage and Local Government has primary responsibility for the remediation of the former ISPAT site at Haulbowline Island, while the Department of Enterprise, Trade and Employment is responsible for the future development of the site. A working group, which will include representation from my Department, is being established to consider the future development of the site. Both Departments have been advised of Naval Service requirements and of the Naval Service's wish to use the development of the site to address some infrastructure issues, including the provision of additional berthage facilities. These issues will be addressed by my Department through the Working Group.
154 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will respond to a query (details supplied). [25304/09]
The issue of potential health effects of mobile phone masts was comprehensively covered by the Expert Group Report published by Government in March 2007 entitled "Health Effects of Electromagnetic Fields", which is available for download on the Department's website, www.environ.ie/en/publications.
The Expert Group Report examined a wide range of issues in relation to the potential health effects of electromagnetic fields, including those produced by mobile phone base stations. It answers many of the health risk questions raised by the public in relation to the potential effects of electromagnetic fields. The report and its recommendations were accepted by the Government and form the basis for current policy in this area.
The majority scientific opinion is that to date no adverse short or long term effects have been demonstrated from exposure to electromagnetic fields at levels below the limits recommended by the International Commission on Non-Ionising Radiation Protection (ICNIRP). However, a minority group of scientists believe otherwise and extensive international research continues to be coordinated through bodies such as the World Health Organisation. This research is co-funded by the Irish Government.
Over the last number of years the Commission for Communications Regulation (ComReg) has conducted measurement surveys to verify compliance with ICNIRP limits by their licensees. The detailed measurement results from over 600 mobile phone base station sites have been published on their website. All measurements have so far shown total compliance with the ICNIRP limits with values that were typically hundreds of times below these limits.
The Expert Group concluded that there is limited scientific evidence of adverse health effects from electromagnetic fields below ICNIRP limits. The Report has, however, recommended that precautionary measures be used, where appropriate, and that Ireland continue to adopt and enforce the international guidelines developed by the International Commission on Non-Ionising Radiation Protection and endorsed by the World Health Organisation and the European Commission. This recommendation has also been accepted by Government.
I have asked my Department to keep me updated as to the findings of newly published research from peer reviewed scientific journals and to monitor developments in other EU Member States.
My Department's current advice to those living in close proximity to mobile phone base stations, based on the conclusions of the Expert Group Report, is that there is no scientific basis or evidence of adverse health effects in children or adults as a result of exposure to electromagnetic fields. This applies irrespective of the location of the phone mast.
155 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the amount of financial adjustments he expects for each of the local authorities in the coming months; the impacts that he expects that this will have on service provision from the local authorities; and if he will make a statement on the matter. [25400/09]
I assume the question refers to current revenue and expenditure.
General purpose grants from the Local Government Fund are provided to supplement the income available to local authorities from local sources and from specific grants to enable them to provide an acceptable level of day to day services.
In October 2008 I announced provisional General-Purpose Grant allocations of €935.2m. As a result of lower than anticipated motor tax receipts it has been necessary to reduce the General-Purpose Grant allocation to local authorities by some €30m.
I have arranged today for publication of the Local Government (Charges) Bill 2009 and for its presentation to the Houses of the Oireachtas. The Bill gives effect to the Budgetary Decision in October 2008 to introduce a €200 charge on non principal residences. I anticipate that it will be enacted as soon as possible so that local authorities can benefit from the estimated €40 million revenue stream to which it will give rise in the current year. This will more than compensate the local government sector for the reduction in the General-Purpose Grant allocations.
The Government decision to introduce public sector pension-related measures applies to all public sector employees, including those employed by local authorities. The pension related deductions are being retained by local authorities and there will be a corresponding reduction in the Exchequer contribution to the Local Government Fund resulting in a neutral impact on local authority finances.
It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to locally identified needs. I am satisfied that the level of funding provided through both general purpose grants and the new revenue stream arising from the charge on non principal private residences makes a significant contribution towards enabling all local authorities to provide a reasonable level of services to the public.
157 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 348 of 3 February 2009, if he will honour the commitment given in that reply to bring an amendment to the Housing (Miscellaneous Provisions) Bill 2008 to enable the Revenue Commissioners to have full access to landlord records held by the Private Tenancies Board as recommended by the Committee of Public Accounts; and if he will make a statement on the matter. [25276/09]
The Public Accounts Committee, in its report Taxation of Rental Income Receipts published on 4 September 2008, recommended that the Residential Tenancies Act 2004 should be amended to enable the Revenue Commissioners to have full access to landlord records held by the PRTB for the purposes of enabling tax compliance checks.
My Department has accepted this recommendation and, in conjunction with the Attorney General's Office, is working on preparing the necessary amendment to the Residential Tenancies Act 2004. In the reply to Parliamentary Question No. 348 of 3 February 2009 I indicated that I hoped to be in a position to table an appropriate amendment at Dáil Committee stage of the Housing (Miscellaneous Provisions) Bill 2008. While this was not possible in the time available, I now expect to introduce the amendment at Report Stage of the Bill.
158 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government if he will make any changes to the rules regarding the addition of extra persons to the register of electors in the period leading up to any election in view of the fact that 72,000 additional names were included on the supplement to the register before the most recent elections; his views that proof of permanent residency in the area should be a requirement as a minimum to obtain the right to vote; the changes he will make; if he will consider the use of personal public service number as a means to minimise the risk of abuse; and if he will make a statement on the matter. [25309/09]
In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register.
Authorities were required to publish the Final Register for 2009/10 by 1 February 2009. Individuals not on the Register can avail of the supplement to the Register up until 15 days before the next polling day. Returns received from registration authorities by my Department indicate that over 72,000 names were included on the supplement to the Register before the recent elections. I consider that the current arrangements relating to the inclusion of persons on the supplement to the Register strike a reasonable balance between having a flexible supplement facility and, at the same time, ensuring that there are adequate measures in place to counteract any possible abuse.
Sections 7, 8, 9 and 10 of the Electoral Act 1992 provide that a person shall be entitled to be registered where he/she is ordinarily resident on the qualifying date. Rule 5(3)(a) of the Second Schedule to the 1992 Act provides that the registration authority may for the purposes of their duties in relation to the preparation of a register require a person to give any information in their possession which the registration authority may require.
Looking to the future, the Programme for Government contains a commitment to establish an independent Electoral Commission. The Commission's responsibilities will include taking charge of the compilation of a new national rolling electoral register. My Department appointed consultants to carry out preliminary research on issues arising in relation to establishment of the Electoral Commission. I published the relevant report for consultation on 10 February 2009, with a closing date of 26 June 2009.
159 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the degree to which radon gas continues to be detected at various private or public buildings on a county basis here; the extent to which remedial action is proposed or in place; and if he will make a statement on the matter. [25323/09]
The Government, largely through the Radiological Protection Institute of Ireland (RPII), has, for many years now, worked towards assessing the extent of the radon problem throughout the country. Between 1992 and 1999 the RPII carried out a comprehensive National Radon Survey to measure radon concentrations in Irish homes. The principal objective was to identify the scale of the radon problem in Ireland and to identify areas at higher risk of radon contamination above the National Reference Level of 200 becquerels per metre cubed (Bq/m3).
The Government's approach to radon, which is similar to that of the majority of EU member states, is to concentrate efforts on increasing public awareness of the risks posed by radon in the home. Householders, particularly those in known high radon areas, have been strongly encouraged by the RPII to have their homes tested for radon and to undertake remediation works where necessary. The RPII have carried out targeted information campaigns in high radon areas and in some instances where areas of particularly high radon levels have been found they have written directly to householders in these areas. This will continue to be the focus so as to enable and encourage householders to address monitoring and remedial requirements effectively and economically.
Over 35,000 homes have now been measured for radon by the RPII. The results of these tests have been compiled into a central database, which has greatly aided our knowledge and understanding as to the extent of Ireland's radon problem. These results, broken down on a county basis, are included in the table below. In addition to the measurements undertaken by the RPII a number of private companies also offer radon measurement services.
Since 1998 the Building Regulations require all new buildings to incorporate radon protection measures at the time of construction. In October 2004 an updated edition of Technical Guidance Document C on Part C of the Building Regulations (Site Preparation and Resistance to Moisture) was published incorporating enhanced radon prevention measures for new buildings commencing on or after 1 April 2005. This new guidance document is aimed at ensuring that radon protection measures are carried out more effectively.
If a household is found to have high radon levels remediation work may be recommended. Technical guidance on radon remediation techniques is available in a booklet issued by my Department called Radon in Buildings — Corrective Option. The RPII have also issued guidance entitled Understanding Radon Remediation — A Householders Guide. In addition, the RPII have a list of companies who can provide a radon remediation service and can offer specific advice and recommendations. These are available on the RPII website, www.rpii.ie.
The Scheme of Housing Aid for Older People is available to assist older people, generally over 60 years, to have necessary repairs or improvements carried out to their homes. Where a suite of works is being grant aided under this scheme, local authorities may also, as part of the package of works, assist with the provision of radon remediation works, where applicable.
My Department has already given approval to a number of local authorities to undertake, on a sample basis, radon surveys of their housing stock in high incidence areas. In addition the RPII have directly contacted local authorities with known areas of high radon concentration to encourage them to test local authority housing stock for radon, and where necessary, take remedial action.
In May 2009 I announced a €20 million scheme for improving energy efficiency in local authority housing stock. The focus of this investment will be the retrofitting of insulation and improvement in energy efficiency measures of vacant social housing. The package of works covered by this scheme includes provision for installation of radon protection measures.
|
Number of houses in categories of radon concentration |
||||||
|
County |
Number of houses measured |
% homes >200 Bq/m3 |
0-199 Bq/m3 |
200-800Bq/m3 |
>800Bq/m3 |
Highest measured concentration (Bq/m3) |
|
% |
||||||
|
Carlow |
677 |
18 |
556 |
115 |
6 |
1,725 |
|
Cavan |
356 |
3 |
344 |
12 |
0 |
780 |
|
Clare |
3,072 |
11 |
2,725 |
291 |
56 |
2,980 |
|
Cork |
4,216 |
11 |
3762 |
422 |
32 |
4,516 |
|
Donegal |
1,039 |
5 |
991 |
48 |
0 |
512 |
|
Dublin |
2311 |
6 |
2,163 |
147 |
1 |
1,410 |
|
Galway |
4,530 |
20 |
3,622 |
817 |
91 |
3,434 |
|
Kerry |
2,981 |
14 |
2,563 |
329 |
89 |
49,000 |
|
Kildare |
955 |
5 |
907 |
45 |
3 |
1,114 |
|
Kilkenny |
907 |
13 |
793 |
108 |
6 |
2,444 |
|
Laois |
483 |
4 |
465 |
18 |
0 |
565 |
|
Leitrim |
287 |
6 |
269 |
17 |
1 |
1,630 |
|
Limerick |
1,018 |
8 |
941 |
74 |
3 |
1,857 |
|
Longford |
262 |
7 |
243 |
18 |
1 |
876 |
|
Louth |
531 |
13 |
460 |
71 |
0 |
751 |
|
Mayo |
2,981 |
16 |
2,498 |
452 |
31 |
6,203 |
|
Meath |
692 |
9 |
631 |
59 |
2 |
932 |
|
Monaghan |
243 |
7 |
227 |
16 |
0 |
794 |
|
Offaly |
407 |
3 |
395 |
12 |
0 |
495 |
|
Roscommon |
521 |
10 |
467 |
52 |
2 |
1387 |
|
Sligo |
1,360 |
24 |
1,038 |
275 |
47 |
5,508 |
|
Tipperary |
1,538 |
11 |
1,372 |
152 |
14 |
2,394 |
|
Waterford |
995 |
22 |
778 |
186 |
31 |
9,714 |
|
Westmeath |
490 |
9 |
445 |
45 |
0 |
699 |
|
Wexford |
1,257 |
14 |
1,075 |
168 |
14 |
2926 |
|
Wicklow |
1,551 |
17 |
1,287 |
244 |
20 |
16,438 |
|
Total |
35,660 |
13 |
31,017 |
4,193 |
450 |
160 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to meet the requirements of the various local authorities in respect of waste water management in 2009; the degree to which sewerage schemes proposed by the various local authorities on foot of the need to eliminate the threat of pollution will be funded in this context; and if he will make a statement on the matter. [25324/09]
166 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his Department has studied the need for drainage on a local regional basis arising from the need to upgrade facilities on a 50 year basis; and if he will make a statement on the matter. [25331/09]
I propose to take Questions Nos. 160 and 166 together.
I also refer to the reply to Question No. 167 on today's Order Paper. Details of all major water and sewerage schemes included for funding by my Department are set out in the Water Services Investment Programme 2007-2009 which is available in the Oireachtas Library. Additional information in relation to progress on individual contracts under this Programme, or in relation to activity generally under the small public schemes measure of the devolved Rural Water Programme, may be obtained from the relevant local authority.
A provision of €500 million is available for the Programme for 2009, which is a 1% increase on the record outturn on the Programme for last year. I expect that the available resources will allow up to 50 major new water and wastewater schemes to commence this year, some of which have already started. My Department will prioritise the remaining schemes yet to start, having regard to both environmental and economic objectives i.e. schemes required to meet National and EU environmental standards in relation to drinking water and wastewater disposal, European Court of Justice cases and works that will support economic development.
My Department is also initiating a comprehensive review of the Water Services Investment Programme and will be working with local authorities over the coming months to identify the priority projects to form the basis of the next phase of the Programme. The completion of the River Basin Management Planning process will also provide a key input into this process.
162 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which air pollution in being monitored throughout County Kildare; the most serious pollutants recorded arising from such monitoring; the action proposed or expected arising therefrom; and if he will make a statement on the matter. [25327/09]
163 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of locations at which air pollution monitoring takes place on a local authority basis; the degree to which trends have been established with particular reference to the most serious pollutants recorded; and if he will make a statement on the matter. [25328/09]
I propose to take Questions Nos. 162 and 163 together.
Monitoring at permanent and mobile monitoring stations by the Environmental Protection Agency (EPA) and local authorities confirms that air quality in Ireland is good. Air quality assessment is the responsibility of the EPA and air quality management a matter for local authorities informed by air quality measurement data.
Air quality standards in Ireland are prescribed in an EU context and the principles agreed under the EU Air Quality Framework Directive in relation to monitoring, assessment and management of ambient air quality. This became Irish law through the Environmental Protection Agency Act 1992 (Ambient Air Quality Assessment and Management) Regulations 1999. Under further regulations made in 2002, 2004 and 2009 specific ambient air quality standards have been prescribed for Sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead (2002); Carbon monoxide and benzene (2002); Ozone (2004); and Polyaromatic hydrocarbons, arsenic, nickel, cadmium and mercury in ambient air (2009)
Where the indicative level for any pollutant is exceeded, the Air Quality Standards Regulations 2002 require the local authority concerned, following notification by the EPA, to develop a long-term air quality management plan to ensure compliance with the thresholds for the relevant pollutant or pollutants.
The EPA reports the results of the air quality monitoring of the above pollutants through its website on a real time basis in the case of a number of monitoring stations and on a monthly basis in the case of ozone, particulate matter and nitrogen dioxide. The EPA also publishes a comprehensive annual report on air quality, the most recent being the report on Air Quality in Ireland 2007 which was published in September 2008. It contains details of the monitoring and assessment of national air quality, and incorporates data from all air quality monitoring stations.
The report confirmed that air quality in Ireland is good and complied with the air quality standards in force for all pollutants including particulate matter, sulphur dioxide, nitrogen oxides, black smoke, lead, ozone, carbon monoxide and benzene. The EPA reports are available to the public at: http://www.epa.ie/whatwedo/monitoring/air/data/. My Department keeps this data under ongoing review to identify any significant trends which might emerge and also meets regularly with the EPA on air quality issues.
With regards to the monitoring of air pollution in County Kildare, the EPA carried out an air quality assessment in Naas in 2003 / 2004, the results of which are available on the EPA website.
The role of local authorities in air quality monitoring has evolved in recent years from a time when they were responsible for black smoke and sulphur dioxide monitoring in compliance with earlier air quality standards. Monitoring requirements changed as the number of pollutants in respect of which national standards were prescribed increased and the monitoring equipment became more sophisticated and automatic which allowed monitoring networks to be more targeted and efficient.
Where local authorities choose to operate monitors they are facilitated by the EPA to become part of the national monitoring network. Local authorities were encouraged to continue with black smoke monitoring to maintain the valuable historical dataset. The EPA stores this data and reports it in the annual report. Nine local authorities continue to report black smoke in this way. Some local authorities also monitor sulphur dioxide for local reasons using the manual method.
As part of the Programme for Government commitment on monitoring air quality, my Department requested the EPA to undertake an overall review of the adequacy of the air quality monitoring network in light of population change in urban areas. The EPA is expected to deliver this report shortly.
164 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will indicate the degree to which he will influence local planning decisions in consort with his policy on waste management with particular reference to recycling, land fill and incineration; and if he will make a statement on the matter. [25329/09]
As Minister for the Environment, Heritage and Local Government, I am precluded, under section 30 of the Planning and Development Act, 2000, from exercising any power or control in relation to any individual planning application, or appeal, with which a planning authority or An Bord Pleanála is or may be concerned.
167 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if existing drainage is being protected in the course of new building or motorway proposals; if particular effort will be made to replace the facilities being disrupted in the course of major excavations; and if he will make a statement on the matter. [25332/09]
Section 34 of the Planning and Development Act 2000 empowers a planning authority to grant planning permission for development, subject to or without conditions, or to refuse it, having regard to the proper planning and sustainable development of the relevant area. Conditions may include a requirement for the completion and maintenance of watermains and drains. Where a planning application is made in respect of a prescribed development or class of development, the application must be accompanied by an environmental impact statement. An EIS must contain, among other things, a description of the likely significant effects, direct and indirect, on the environment of the proposed development. Where an EIS identifies significant adverse effects on the environment, it must also contain a description of the measures envisaged in order to avoid, reduce and, if possible, remedy those effects.
Section 215 of the Planning and Development Act 2000 provides for the transfer to An Bord Pleanála of the functions of the Minister for the Environment, Heritage and Local Government specified in sections 49 to 51 of the Roads Act 1993 with regard to the approval or otherwise of motorway and other specified roads schemes and developments. The Board is empowered, under Section 217C(2) of the 2000 Act, to approve a relevant scheme or development or any part thereof, with or without conditions or modifications, or to refuse to approve the scheme or development or any part thereof. In the case of a proposed motorway or a prescribed type of public road development, an EIS must be prepared and submitted to the Board. Before approving a road scheme within the meaning of section 47 of the 1993 Act, the Board must hold an oral hearing of all matters relating to the scheme.
As well as complying with the requirements of the planning code, applicants for planning permissions may be required to comply with a range of other legislation including the Water Pollution Acts 1977 and 1990. My Department issued Development Management Guidelines in 2007, which state that the existence of a planning condition, or its omission, will not free a developer from his or her responsibilities under other legislative codes. It advises that, where they consider it necessary to do so, planning authorities could, when notifying the grant of a planning permission, issue a clear notification about the requirements of other legislative codes.
Specific guidance regarding drainage systems for housing developments is set out in my Department's publication Recommendations for Site Development Works for Housing Areas.
168 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of reported instances of methane gas emissions from sewerage treatment installations; the extent to which funding will be provided for remedial works in response thereto in 2009; and if he will make a statement on the matter. [25333/09]
The operation and management of public wastewater infrastructure, including control of emissions, is a matter for the relevant water services authority. Appropriate capital works relating to the control of emissions are funded by my Department in the provision of new or upgraded infrastructure.
Methane is an odourless gas, which in the case of wastewater infrastructure, is most usually associated with the routine production of methane as a by-product for treating wastewater sludge.
169 Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government when payment will issue to a person (details supplied) in County Galway for the sale of a bog to his Department; and if he will make a statement on the matter. [25347/09]
Having regard to available budgetary resources, priority will be given under the scheme this year to those wishing to sell their interest in the 32 raised bog sites which were nominated for designation as Special Areas of Conservation in 1999. For these sites, the derogation given by the Government, which allowed the continuation of turf cutting for personal domestic use, expires in 2009.
The person in question in this case owns land within Eskerboy Bog, a Natural Heritage Area designated in 2004 and the 10 year derogation period will not expire until 2014. Land transactions within this area, accordingly, will not qualify for priority attention this year.
170 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government the outcome of his investigation into allegations that members of the National Parks and Wildlife Service have breached the Civil Service code of standards and behaviour by organising commercial shooting holidays for tourists; and the action being taken against the rangers involved. [25353/09]
These allegations are under examination in my Department.
171 Deputy Noel Ahern asked the Minister for the Environment, Heritage and Local Government if advice or instructions were given to returning officers for the employment of staff on 5 and 6 June 2009 in polling centres and count centres; if preference or regard was given to persons on jobseeker’s benefit or allowance, including qualified graduates; if a breakdown of the categories of staff used is available generally or for a spot area; and if the usual list of names available to returning officers was used with no regard to the many applications from unemployed persons for a days work. [25362/09]
The primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. Within this framework, Returning Officers are responsible for all matters in connection with the conduct of elections and referenda, including the selection, appointment and training of polling station staff to take the poll on polling day in accordance with the relevant provisions of electoral law.
172 Deputy Noel Ahern asked the Minister for the Environment, Heritage and Local Government if he will clarify the position of the metro levy as introduced by Fingal County Council and other Dublin local authorities under section 49 of the Planning and Development Act 2000; if it is appropriate to include this in approvals already granted local authority planning approval; if a subsequent An Bord Pleanála decision can be used as a back door method of introducing a levy that was not in force at date of planning approval; if the size or amount of the levy should relate to the capital cost of the proposed development; if same was considered at time of passing of the Act; his views on whether it is in accordance with the spirit of the Act that a €2 million development should bear a levy of almost €900,000; his further views on whether it is appropriate to levy recycling facilities which will not benefit from the facility of Metro north and to penalise the provision of recycling facilities in this way; if the levy should apply to residential, retail and commercial developments which benefit directly from the metro provision, in that their development improves from a marketability point of view; if this recycling facility will be grant aided by him to the level of the proposed levy to allow the recycling facility to proceed; if he will set up consultations with all parties concerned to bring about an agreed solution, allow provision of development and remove this bureaucratic log jam; and if he will make a statement on the matter. [25363/09]
As Minister, my role is to provide the necessary statutory and policy framework within which individual development contribution schemes are adopted by each local authority. Section 48 of the Planning and Development Act 2000 provides that planning authorities may levy development contributions in respect of public infrastructure and facilities provided by, or on behalf of, the local authority that benefit development in the area, including recreational facilities, public transport facilities and water facilities, including water and waste water treatment facilities, drains and watermains and any matters ancillary to these.
Section 49 of the Act provides for the drawing up of a supplementary development contribution scheme in order to facilitate a particular public infrastructure service or project which is provided by a local authority. The adoption of development contribution schemes is a reserved function of the locally elected members of each planning authority and it is a matter for the members to determine the level of contribution and types of development to which they will apply. An Bord Pleanála is required to consider the planning application, the subject of the appeal, de novo. In view of this fact, the Board is permitted to attach conditions, including development levy conditions, to permissions, in line with relevant legislation, that may or may not have been originally attached by the Planning Authority.
Section 48(3)(b) of the Planning and Development Act 2000 ensures that, in stating the basis for determining the contributions, the planning authority must have regard to the actual estimated cost of providing the classes of public infrastructure and facilities. Policy guidance on the issue was provided to planning authorities in the form of circular letters (PD 4/2003 and PD 5/2007) from my Department. It is open to an applicant for planning permission to appeal a planning decision to An Bord Pleanála if the applicant considers that the terms of a development contribution scheme or supplementary development contribution scheme have not been properly applied in respect of any planning condition laid down by the planning authority.
My Department does not operate a system or scheme of grant assistance to fund private sector recycling centres. At present, grant assistance is only available to local authorities under the Waste Recycling Capital Grants Scheme (2007-2013). Under section 30 of the Planning and Development Act 2000, I may not exercise any power or control in a particular case with which a planning authority or An Bord Pleanála may be concerned.
173 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when a REP scheme four payment will be made to a person (details supplied); and if he will make a statement on the matter. [25344/09]
Payment issued to the person named on 22 June 2009.
174 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a decision will be made on an appeal in respect of the young farmers installation aid scheme by a person (details supplied) in County Galway; and if he will make a statement on the matter. [25350/09]
The decision by my Department to consider the person concerned ineligible for grant-aid under the Young Farmers' Installation Scheme is currently the subject of an appeal to the Agriculture Appeals Office. The review by that Office of my Department's decision will be completed as soon as possible.
175 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food his plans for the downgrading of district agriculture offices and their relocation to a regional structure; the implications of this policy for counties Roscommon and Leitrim; and if he will make a statement on the matter. [25351/09]
My Department is currently reviewing its local office structure. No decisions have been taken regarding the future of any local office, other than the Dublin local office, already announced.
176 Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food if he will make a statement on the case of a person (details supplied) in County Limerick. [25413/09]
My objective in relation to milk quota is to ensure that as much quota as possible is made available to active milk producers. The person concerned last produced milk in excess of 20% of his quota in the 2005/2006 milk quota year. He produced only a nominal amount of milk in 2007/2008 and had no production in 2008/2009. When no deliveries have been recorded against a milk quota for two consecutive years the quota is deemed dormant and it is generally added to the National Reserve.
On this basis the quota in question will become dormant on 1st April 2010. However, where quota is added to the National Reserve it remains available to the former quota holder, or his successor, if they resume production within two years. The person in this case can at any time transfer his quota with land to his son. Other options available to him if he wishes to avoid his quota becoming dormant are: resume milk production; transfer the milk quota without land to a family member who is currently in milk production; sell it with land on the open market; retain it and sell into the next Milk Quota Trading Scheme.
177 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food his views on the membership of the national implementation group formed as a result of the document A Strategy for Improved Pest Control on Irish Salmon Farms; if his attention has been drawn to the fact that one of the main tasks of this group is to ensure lice levels on salmon farms are kept below treatment trigger levels, as per the sea lice monitoring protocol, in order to minimise the effects of sea lice infestation on migrating salmonids; the reason members of the wild fish interests such as the central or regional fisheries boards and a company (details supplied) were specifically excluded from the national implementation group in view of their inclusion in all previous implementation groups and committees over the past 20 years; and if he will make a statement on the matter. [25416/09]
Following the transfer of the aquaculture function from the Department of Communications, Marine and Natural Resources, a strategy document was drafted by the Department of Agriculture, Fisheries and Food entitled "A Strategy for Improved Pest Control on Irish Salmon Farms". The strategy was approved by the then Minister for Agriculture, Fisheries and Food in May 2008.
One of the measures recommended in the strategy was the setting up of a national implementation group and the membership of that group was also outlined. The membership of the group was established in accordance with the recommendations in the strategy document. The focus of the group is to engage the Department and its agencies in co-operation with the salmon farming industry to enhance pest control and management in the context of good husbandry practice.
178 Deputy Beverley Flynn asked the Minister for Education and Science if, in connection with the public service pension levy, he will confirm that part-time casual employees of vocational educational committees who are not part of a public service pension scheme should be exempt from the levy and that when the levy has been imposed inadvertently, such sums should be refunded. [25357/09]
Under section 2 of the Financial Emergency Measures in the Public Interest Act 2009 a person is liable to pay the pensions-related deduction if he or she is a public servant on or after 1 March 2009 and is a member of a public service pension scheme, is entitled to a benefit under such a scheme or receives a payment in lieu of membership of such a scheme. Therefore, even if a person is not a member of a public service pension scheme, he or she is subject to the deduction if he or she is a member of another public service pension scheme, is entitled to a benefit under such a scheme (eg has a preserved benefit, is in receipt of a pension from another public service pension scheme or if he or she is entitled to a non-pensionable gratuity) or receives a payment in lieu of membership.
The person to whom you refer may be entitled to a non-pensionable gratuity. This is a gratuity payable to certain staff of VECs and institutes of technology who have given service with a VEC or institute of technology and whose service is not reckonable for superannuation purposes under the pension schemes of those bodies. The non-pensionable gratuity is paid in the form of a lump sum and is calculated at the rate of one week's pay for each year of service up to 15 years plus two weeks' pay for each year of service over 15 weeks, subject to a maximum 78 weeks. Payment of the gratuity is made under the terms of the Local Government (Superannuation) (Gratuities) Regulations 1984 and 1995 which were made under the Local Government (Superannuation) Act 1980.
The Financial Emergency Measures in the Public Interest Act 2009 defines a "public service pension scheme" as an occupational pension scheme or pension arrangement, by whatever name called, for any part of the public service provided for under any enactment or administrative measure for the like purpose and effect as the Superannuation Acts. The non-pensionable gratuity regulations provide a form of pension arrangement, apply to certain parts of the public service (including VECs and institutes of technology) and have their basis in the Local Government (Superannuation) Act 1980. A person with the required level of service is entitled to a non-pensionable gratuity under such an arrangement and therefore falls within section 2(1)(b)(ii) of the Act. They are, therefore, subject to the deduction.
It should be noted, however, that under section 6 of the Act, if a person does not accrue a superannuation benefit in respect of this service at the time of his or her ceasing to be a public servant, the deduction is refundable to him or her.
179 Deputy Brian Hayes asked the Minister for Education and Science the number of prefabricated buildings sanctioned by him but for which no bills for either rental or purchase have been received to date exist within the system; and if he will make a statement on the matter. [25258/09]
In relation to the rental of temporary accommodation, my Department grant-aids rental costs to schools on a bi-annual basis — January to June and July to December. Payment is made on receipt of original provider invoices submitted by the school authorities to my Department.
I assume that the Deputy is referring to schools where prefabs have been sanctioned by my Department but where the school authorities have yet to submit invoices for the January — June 2009 rental period. Of the 918 schools renting prefabs in 2009, 899 schools have received payment and 19 have yet to submit invoices for payment for the January — June 2009 rental period. Officials in the Planning and Building Unit of my Department have recently made contact with the schools where rental grant-aid is outstanding, requesting invoices to be submitted for payment.
In July of 2008, I introduced a new scheme which allows those schools with an urgent and pressing need for additional accommodation which is likely to last for more than 3 years, and who are being given approval for grant aid, to avail of the option of using their grants either to purchase prefabs or to construct permanent classrooms for the same amount. My Department has approved the purchase of 120 prefabricated rooms for 87 schools this year with schools having the option of constructing permanent rooms instead. One school has drawn down funding under this scheme to date.
180 Deputy Fergus O’Dowd asked the Minister for Education and Science his policy in relation to conductive education; and if he will make a statement on the matter. [25273/09]
As the Deputy will be aware, the Education for Persons with Special Educational Needs (EPSEN) Act 2004 provides that a child (defined as a person who is not more than 18 years) with special educational needs shall be educated in an inclusive environment unless such an arrangement is inconsistent with the best interests of the child as determined by an assessment carried out under the EPSEN Act or with the effective provision of education for those children with whom the child is to be educated. The policy of my Department is to secure the maximum possible level of inclusion of students with special educational needs in mainstream primary and post-primary schools in their locality.
In supporting and promoting an inclusive education policy, supports are provided to schools through the National Council for Special Education so that children with special educational needs may attend their local mainstream school where possible. These supports may be in the form of resource teaching, special needs assistants and technological support.
In addition, my Department funds over 100 special schools, including a number which cater for children with a physical disability. It is the policy of my Department that these special schools draw on a range of teaching and other interventions. In this context, I am aware that some schools have employed elements of conductive education which have been beneficial to some students with a motor disorder. My Department has however no plans at present to develop initiatives based exclusively on the principles of conductive education.
181 Deputy Ciarán Cuffe asked the Minister for Education and Science the progress he has made in implementing the cycle to work scheme for employees of his Department; if he will inform teachers of this decision before the end of the 2008-2009 school year; and if he will make a statement on the matter. [25277/09]
My Department's officials are in the process of introducing the cycle to work scheme for staff of the Department. In relation to teachers, my Department is making arrangements to introduce the cycle to work scheme for teachers during the 2009/2010 school year. It is proposed to discuss the terms of the scheme with union and management representatives in the near future.
182 Deputy Jan O’Sullivan asked the Minister for Education and Science if he will ensure the speeding up of the issuing of FETAC certificates to persons who have qualified as assessors, having completed successfully an approved building energy rating course, in order that they can register with Sustainable Energy Ireland and commence work; if it is the case that persons who finished such courses in May 2009 will not be certified until the end of August 2009; if he will intervene so that these people can register without delay; and if he will make a statement on the matter. [25291/09]
I understand that, following discussions with FETAC, Sustainable Energy Ireland (SEI) have agreed to accept data on FETAC certification in an electronic file, rather than requiring applicants to produce a printed certificate. FETAC's latest assessment period closed on 31 May and a file containing results data for those on building energy rating (BER) assessor courses was sent to SEI on 3 June. Providers of BER assessor courses were informed of this arrangement in advance were asked to inform their learners. Any learner who successfully completed a course up to May 2009 should now be able to have their application for registration processed by SEI.
183 Deputy Jan O’Sullivan asked the Minister for Education and Science his views on proposals in relation to new premises in respect of a school (details supplied) in County Limerick; when he expects to make a decision in this regard; and if he will make a statement on the matter. [25292/09]
I am pleased to inform the Deputy that my Department has approved the relocation of the school to the premises referred to by the Deputy. The school authority has been informed of my Department's decision.
184 Deputy Emmet Stagg asked the Minister for Education and Science further to Parliamentary Question No. 252 of 16 June 2009 if the additional accommodation is a permanent building or prefabricated. [25308/09]
The school to which the Deputy refers has been offered an all-in grant for the provision of four additional mainstream classrooms of 49 sq m each. The school has been given the option of purchasing temporary accommodation with this grant aid or to build a permanent structure.
185 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [25339/09]
My Department has requested Bus Éireann, which operates the School Transport Scheme, to submit a report on the pupil referred to by the Deputy, in the details supplied. A decision on the pupil's eligibility for school transport will be made on receipt of this report.
186 Deputy Leo Varadkar asked the Minister for Education and Science if he is aware that vocational education committees are using their powers as derived from the various Public Health (Ireland) Acts and Local Government Acts to acquire land compulsorily; the details of such instances; and if he will make a statement on the matter. [25355/09]
My Department is not aware of instances where VECs have acquired land in the manner referred to by the Deputy.
187 Deputy Brian Hayes asked the Minister for Education and Science if he is aware that some fee paying post-primary schools require that before a child enters the school, they attend the fee paying primary school; if such a practice is legal in terms of the relevant admission policy; if his further attention has been drawn to the pressure this practice puts on existing primary schools which see a reduction in the number of pupils who leave to enter fee paying primary schools as a means of gaining admission to the relevant post-primary schools; and if he will make a statement on the matter. [25377/09]
Enrolment in individual schools is the responsibility of the managerial authority of those schools and my Department does not seek to intervene in decisions made by schools in such matters. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.
It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act. In this regard, a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. It is not unusual for some second-level schools to prioritise named feeder schools in their admissions policies. This often reflects long standing connections between certain schools.
However, in formulating an admissions policy a school must ensure it is lawful. In particular, it must act in accordance with Section 7 of the Equal Status Act 2000 which, subject to very limited exceptions, prohibits schools from discriminating against people in relation to a number of matters including the admission of a pupil to the school.
Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to either the relevant Vocational Educational Committee or to the Secretary General of my Department. In the case of the latter, only where an appeal under Section 29 is upheld can the Secretary General of my Department direct a school to enrol a pupil.
The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB advises parents to apply to more than one school in order to assist in securing a school placement. The Board can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.
188 Deputy David Stanton asked the Minister for Education and Science further to Parliamentary Questions Nos. 269 and 270 of 15 June 2004, the band rating of a school (details supplied); if the band rating of the school which had been assigned a band one rating by his Department is still rated band one; and if not, the reason for the change; when the school can expect him to sanction the building of a new school; and if he will make a statement on the matter. [25409/09]
The project to which the Deputy refers is at an advanced stage of architectural planning. The Department's prioritisation criteria were amended in 2004 and the Band rating for this project was amended from a Band 1 rating under the old criteria to a Band 2.2 rating under the amended criteria. The amended band rating is in accordance with the situation in the school where there is a deficit of mainstream accommodation and the deficit constitutes a substantial and significant proportion of the school's overall accommodation.
The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.
189 Deputy David Stanton asked the Minister for Education and Science further to an Adjournment debate of 31 March 2009, if he has received an update from the developer mentioned in his response on the status of an offer made by that developer to him regarding the transfer of a site to his Department; when he expects to sanction the construction of a new school (details supplied); and if he will make a statement on the matter. [25410/09]
I wish to advise the Deputy that the developer in this matter has advised my Department that the site originally offered for the construction of a new school for the school referred to by the Deputy is held as security with a lending institution. My Department understands that the developer will not be in a position to transfer the site until he has worked through 75% of the overall development. The further progression of this project will be considered in the context of my Department's multi-annual school building and modernisation programme.
190 Deputy David Stanton asked the Minister for Education and Science the progress made further to an application from a school (details supplied) in County Cork for assistance in securing a new building for the school; and if he will make a statement on the matter. [25411/09]
The school to which the Deputy refers has applied to my Department for capital funding for a large scale building project. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and has been assigned a Band 2 rating.
The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.
