Catherine Byrne
Question:48 Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government his plans for septic tank upgrade works and regulation; and if he will make a statement on the matter. [42801/09]
Other Questions.
Water Pollution.
Róisín Shortall
Question:88 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the steps he is taking to respond to the judgement of the European Court of Justice that Ireland had failed in its obligations under Directive 75/442/EEC in respect of waste waters discharged through septic tanks in the countryside; and if he will make a statement on the matter. [42965/09]
I propose to take Questions Nos. 48 and 88 together.
The European Court of Justice recently ruled that Ireland had failed to fulfil its obligations under Articles 4 and 8 of the 1975 waste directive as regards domestic wastewaters disposed of in the countryside through septic tanks and other individual wastewater treatment systems. The renewed programme for Government includes a commitment to introduce a scheme for the licensing and inspection of septic tanks and other on-site wastewater treatment systems. My Department which has established a task force to consider the matter will develop proposals to give effect to this commitment and respond in full to the court judgment. The Department's initial assessment is that compliance with the ruling will require new legislation that will set standards for the performance of all individual wastewater treatment systems, provide for periodic inspection by a competent person, establish penalties for non-compliance and provide for corrective measures where a system is found to be defective. My Department is required to submit to the European Commission by the end of December formal proposals on how it proposes to achieve compliance with the judgment and to set out a timeframe for compliance.
I am supportive of anything we can do to improve the quality of groundwater which is in a very poor state in many parts of the country. I draw the Minister's attention to an excellent report by the Joint Committee on the Environment, Heritage and Local Government. It arises from a number of presentations made by interested parties. Deputy Ciarán Lynch and I participated in the process and are supportive of the outcome which is long overdue. Will the Minister indicate how long it will be before the scheme is rolled out?
The task force has approximately two months to produce a set of proposals. It will comprise officials from my Department, the local authorities and the EPA. We must then go through a legislative process. Due to the pressure on us, rightly, because of the severity of the problem, I hope the legislation will be passed within a year. It is absolutely essential. According to the CSO, there are approximately 418,000 septic tanks. I believe that is a conservative estimate because it does not take into account many of the commercial premises and so forth that rely on septic tanks. Many of the septic tanks in place should never have been approved, as the soil conditions were completely wrong. There was a degree of irresponsibility on the part of planners at local authority level. The numbers involved are incredible but we must take this problem in hand. We must have a situation where there is no threat to our groundwater from badly functioning septic tanks.
Deputy Hogan has referred to the work done by the joint committee on this issue. Both he and I were present for a visit to the committee by people involved in the septic tank industry who provided the Department with a report. One of the significant aspects of that report was the call for regulation. We had a bizarre situation where the industry was seeking regulation from the Government. How long has the report been on the Minister's desk? How long has the industry been seeking regulation? When will it be granted?
There is nothing bizarre about the industry seeking regulation as it stands to benefit from such regulation. I have met industry representatives who have shown me the latest equipment, how it functions and how it can be installed quickly in an existing septic tank. There is much innovation in the industry, members of which are delighted that at long last there is a Minister interested in this subject because it has been a problem over successive Administrations. It did not just arise in the last two years or so but has been present for some time and people have failed to tackle it.
Tell everyone that.
It is a fact. Various Administrations have failed to tackle the problem, although we have known about it for some time. However, this Government will tackle it. There is a real commitment to doing so. I have given that commitment today and gave it previously in the renewed programme for Government. The report of the joint committee on the issue was good. However, it makes a few recommendations which will not be implemented, one of them being the provision of an incentive through a grant to upgrade tanks. Given the scale of the problem and the number of septic tanks involved, that is not possible.
The Minister has said formal proposals must be submitted to the Commission by the end of the year. Will they be submitted to the Commission, following which legislation will be brought before the House and a gun put to our heads because the Minister will say it has already been agreed with the Commission? Will it be another case of the cart being put before the horse or will we have a direct input into it?
What efforts are being made to inform people how they can properly utilise and maintain a septic tank? Basic information is not being provided for the public on the ongoing usage and maintenance of a septic tank. What investment is taking place to develop the technology to install new systems such as seed bacteria or small reed beds that can solve many of these problems cost effectively?
I am glad the Deputy has referred to that innovation. I have spoken to people such as Éamon de Buitléar and others who believe we do not need hard engineering solutions but can use the reed bed technologies which work very effectively. It is something we will have to explore to a greater extent, particularly in small connurbations where they can be very effective.
To refer to the Deputy's earlier point, I am not putting a gun to anybody's head. We have been put under pressure, rightly so, by this court judgment. We must produce legislation. Deputies will have adequate time when the legislation is being debated in the House to make their feelings known and make proposals. That is the proper way to proceed. If the Deputy has ideas, I will be more than happy to discuss them with him if he believes it would be helpful.
This issue is frightening for my constituency of Cavan-Monaghan and other areas such as County Leitrim where soil types are difficult. I am glad to hear the Minister mention that developments such as reed bed technology can be extremely successful, as they have been beside my home. We must be given a commitment that nothing will be done that will make housing impossible in rural areas. Houses in my parish of Aghabog and similar places have been there for generations. The real problem is in areas such as Castleblayney where 700 houses have been built and connected with an existing sewage treatment plant that is incapable of dealing with it. It is going directly into the lake. That is also the situation in several other areas. We should not seek to concentrate on the small person and ignore the issues that we, as legislators, and the Government should deal with.
I think that was a question.
The question that should be raised is how could a scheme of 700 houses obtain permission where there was no adequate sewage treatment facility. It is beyond me.
The Minister is answering the question. The Deputy is supposed to pose questions.
The Deputy did not mention it but the judgment was very interesting with regard to the position in County Cavan. It specifically mentions the county in a good way because it points out that it is the only county that has by-laws relating to this issue. We must first put such by-laws in place. Notwithstanding this, it is clear that we must introduce specific legislation to deal with the issue. I hope there is a recognition on all sides of the House that it must be dealt with. Otherwise, regardless of who is in government, we will face very hefty fines.
Local Authority Boundaries.
Frank Feighan
Question:49 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the steps taken to resolve the Limerick city and county boundary; and if he will make a statement on the matter. [42828/09]
To support the implementation of the 2007 report by Mr. John Fitzgerald entitled, Addressing Issues of Social Exclusion in Moyross and Other Disadvantaged Areas of Limerick City, I made an order extending the boundary of Limerick City Council in February 2008 which extended the city area by approximately one third. The new boundary became effective from 1 March 2008. The extension was supported by Limerick City Council and Limerick County Council. At the time I particularly welcomed the co-operation and agreement between the two councils on the issue.
The Green Paper on local government, Stronger Local Democracy — Options for Change, which I published in April 2008, raised the question as to whether change in local government arrangements was necessary in key locations, including Limerick, to drive regional development. The Green Paper noted that part of the challenge was to ensure local government would be capable of developing and facilitating the development of the gateways as envisaged by the national spatial strategy. It suggested a number of possible solutions in this regard.
Consensus has not emerged at local level on more substantial change to the Limerick city boundary, as sought by the city council. However, there is a need for much greater coherence in the governance of Limerick and my Department has been considering the issues involved in Limerick as part of the process of finalising the White Paper on local government. The renewed programme for Government is also relevant to this question. The programme commits to the provision of democratic leadership for regional authorities and the strengthening of their strategic role across a range of functions, in addition to their realignment to reflect the gateways in the national spatial strategy. These considerations lie at the heart of my thinking on local government. The Government is giving active consideration to a range of local government issues, including how best to provide for the optimal arrangements for the governance of Limerick. I hope to make an announcement in this regard in the near future.
I note the Minister in reply to this and previous questions has moved away substantially from local government and devolution since the local elections. I wonder why. Regional authorities, gateway status and other buzzwords are coming to the fore in his language. This issue boils down to finance between Limerick city and county local authorities and how such an issue can be overcome within a county. Does the Minister agree it is better to achieve consensus on the financial package to compensate local authorities within a county? Does he also agree it is not appropriate without consensus to cross a boundary into another county, as was the case in Limerick and south Kilkenny in recent times?
And Roscommon.
Deputy Hogan is aware that I referred to that issue when I visited Kilkenny recently. These are sensitive issues, which is why it took so long to approve the boundary extension which I announced in March 2008. The Deputy's analysis is correct in that much of this comes down to the rates base. Cities are the driving force in developing local government and regions, as recognised in all the international literature. Strong cities must be developed. I agree with that point of view.
The metropolitan area of Limerick is governed by three separate local authorities. Many have acknowledged that this has led to incoherence in gateway leadership and regional planning. This has produced a weak regional planning framework, resulting in significant downstream opportunity costs, competition between local authorities to attract commercial retail development, resulting in inappropriate developments, as is clear from visiting the city, and relationships between local authorities that do not demonstrate the desired level of co-operation and mutual understanding to the detriment of the region as a whole. An interim report of the mid-west task force also stated we needed to address this issue as a matter of urgency. Limerick is a special case, which is why we need to address it.
Are other boundary requests before the Department? Has the Minister received a request for a boundary extension from Cork City Council? If so, what is its status?
I had an opportunity to visit Cork last Friday and Saturday and speak to the city manager. No such request has been received in my office. It would be a difficult issue to resolve. The short answer is no.
Does the Minister agree it is necessary to appoint an officer from his Department to meet representatives of the local authorities in the Limerick region to advance the issue of city and county boundaries to create the necessary climate to secure agreement on the financial package that would allow a boundary extension and more co-ordinated planning?
The interim report of the mid-west task force made a number of recommendations, including the setting up of a committee to examine boundary extensions. I will examine that proposal in detail and hope I can make an announcement on it in the near future.
Social and Affordable Housing.
Joan Burton
Question:50 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the number of units acquired under the leasing initiative in each local authority; the size of these units; the cost per unit; the duration of lease agreements; the number of agreements containing a break clause; and if he will make a statement on the matter. [42929/09]
To date, almost 1,600 units, across 20 housing authority areas, have been approved by my Department under the social housing leasing initiative. This comprises 1,281 properties in respect of which full funding approval has issued and a further 316 units in respect of which provisional approval has issued. A number of other proposals are also under consideration by my Department.
I will circulate in the Official Report a table showing the breakdown by housing authority of the 1,281 properties in respect of which full funding approval has issued. The average leasing cost in respect of these units is just over €390 per month. However, the majority of these units are unsold affordable dwellings, where the average cost would be less than if they were either leased by housing authorities from the private sector or provided directly by approved bodies. Therefore, the average cost is likely to increase as other projects are progressed. The lease period in respect of the unsold affordable units is five years, while in all other cases the lease is for a minimum of ten years. The 1,281 units involved comprise 193 one bed units, 613 two bed units and 475 units with three bedrooms or more.
The issue of including break clauses in lease agreements is a matter for housing authorities and approved housing bodies to deal with as part of their negotiation process. My Department has, however, issued guidance to authorities advising them to exercise caution in making provision for break clauses and that where such clauses are agreed, the authority concerned must be satisfied that it will be able to rehouse the occupant in the event of the option being exercised.
Overall, I am pleased with the progress being made in rolling out the new leasing initiative. With 1,600 units approved, the initiative which I only introduced in February this year is becoming a crucial delivery mechanism in meeting housing need, particularly in the context of the prevailing constrained fiscal environment. I have recently announced the extension of the leasing arrangements to the voluntary and co-operative sector which will further accelerate activity under the initiative. I am confident the target to source 2,000 units under the leasing arrangements in 2009 will be substantially achieved by year end.
|
Housing authority area |
No of approved with full funding approval for leasing |
|
Cork County Council |
415 |
|
Dublin City Council |
365 |
|
Fingal County Council |
97 |
|
Kildare County Council |
56 |
|
Laois County Council |
56 |
|
Mayo County Council |
20 |
|
Meath County Council |
74 |
|
Offaly County Council |
21 |
|
South Dublin County Council |
100 |
|
Templemore Town Council |
20 |
|
Wexford County Council |
14 |
|
Westmeath County Council |
43 |
|
Total |
1,281 |
With regard to the breakdown given in the table and the average cost of €390 per unit, the Minister of State has said affordable housing is included. Therefore, the figure is not drawn specifically from privately owned accommodation leased by the Department. Does the figure also include affordable homes?
The figures have been somewhat distorted by a reduction in prices because the State is in possession of the properties. They cannot be included because there is no charge on these properties in the first instance. Is that correct?
We expect the cost to increase because we will deal more with the private market. However, a cost is associated with affordable housing because there are loan costs for each local authority. I accept the figure is possibly not the market rent applicable to private properties at this time.
That is a significant change. My question referred to vacant properties leased from developers and private entities, not local authorities. I would appreciate it if the Minister of State broke down the figures in this regard. Behind my supplementary question is a belief that a serious examination needs to be carried out of the merits of this initiative. I have written to the Comptroller and Auditor General asking him to undertake this examination and hope the figures provided for that office will not be skewed by the affordable home scheme figures I received this afternoon. In recent weeks we have witnessed a significant drop in rents in the open market. Given the direction to local authorities in this matter that they should a figure of 20% below the current rent payable with regard to when leases were acquired, have further leases been taken out, given that rents are falling further? Are local authorities tied into lease agreements in excess of current rental figures? Is there a break out clause whereby rents can be reviewed downwards? What is the minimum period at which those break out clauses are set?
The rental figures run from approximately €550 per month — the maximum — to €299; therefore, there is a variation. Local authorities have an entitlement to a review, both upwards and downwards. We indicated to them that they should look for a 20% reduction in the current market because we are leasing multiple units. It is very important that I achieve the best possible value for the State. I do not make any apologies for asking local authorities to enter negotiations to achieve value for the taxpayer.
Did the Minister of State include in his memorandum to local authorities a directive to undertake a rent review every two years in order to ensure value for money for the taxpayer? As the previous Deputy noted, rents can either go up or down.
We indicated to local authorities that they should seek a rent review which could be either upwards or downwards. That is only appropriate and what we would expect. The matter of affordability is of benefit to the taxpayer at this time, as the amount we are paying covers loan repayments. We are putting national infrastructure into public use with good value, which is important. Local authorities have the outline and instructions from the Department. We have ongoing contact with them. I am very pleased with the level of activity and for the past two months the provision has been extended to the voluntary sector, which will accelerate the long-term leasing initiative.
I will take a final supplementary question from Deputy Lynch.
Will the Minister of State provide a figure for the leasing costs of these properties, excluding those included in the affordable homes scheme? He has acknowledged that the inclusion of affordable homes in the figure is skewing it and driving down the cost. Given that rents are continuously dropping, is the value of some of the leases entered into in excess of the rental agreement figures that can be acquired currently?
I will take the last question first. Anybody will accept that the maximum figure paid by any local authority is €550 per month. That compares very favourably on a national basis, including Dublin and Cork. However, the figure can be as low as €299. I will provide the figures for the administrative costs because I do not have them readily available. I will ask my officials to make the information available to the Deputy.
Written Answers follow Adjournment Debate.