Vol. 758 No. 3
6Deputy Micheál Martin asked the Minister for the Environment; Community and Local Government if he has any pans to amend and strengthen the sequential test in the draft retail planning guidelines; when the final guidelines will be published; and if he will make a statement on the matter. [13217/12]
The draft guidelines for planning authorities on retail planning will be finalised by April 2012. The guidelines are aimed at ensuring the planning system plays a key role in supporting competitiveness in the retail sector, advancing choice for the consumer while promoting and supporting the vitality and viability of city and town centres, and contributing to a high standard of urban design and encouraging a greater use of sustainable transport. We are clarifying the messages of previous guidelines in promoting a sequential approach to retail development. This will mean that the preferred location for new retail development is within city and town centres. Following the sequential approach, if no development sites are available within a city or town centre, then the next preference should be a location on the edge of the city or town centre. Only where the applicant can demonstrate, and the planning authority is satisfied, that there are no sites or potential sites within a city or town centre or on its edge should out-of-centre development be considered.
In parallel with this policy objective, the guidelines will also clarify that to ensure proper planning and sustainable development, retail development and activity must follow the settlement hierarchy of the State, including the various gateway and hub town locations identified in the national spatial strategy, the regional planning guidelines and the core strategies of development plans. My objective will be to strengthen national planning policy requirements for all planning authorities in relation to retail planning and the requirements in relation to driving city and town centres as focal points for retailing.
Forfás conducted a study in this regard last April while the EU and the IMF examined the economic impact of a retail cap, although they did not state that they wanted it abolished. What steps will the Minister take to ensure all retailers will be treated equally? For example, could large retailers use a particular model to avoid town centre or city centre development?
The Deputy is correct that we were obliged under the EU-IMF agreement to carry out an independent study of the retail sector from the point of view of competitiveness. We did so and we submitted a draft proposal to the EU-IMF, which did not take into account all the recommendations made by Forfás. I am conscious that balanced development is needed, as the Deputy said, and I am equally conscious of the potential power of the large multiples to suck business out of town centres if they are located on the edge of these towns. That has happened in the past and the Deputy will be aware from my earlier reply that I do not favour that. I am examining the sequential approach to ensure it is more robust and stronger in the context of the planning and development Acts, thus ensuring town centres are improved once again.
Commercial viability is an issue and the approach must be thoroughly tested. Will commercially sensitive material be sensibly dealt with? I would not like a scenario where this information could be exploited in order that building could take place on a greenfield site, for example. Has the Minister examined this issue?
I would be glad to hear from the Deputy if he has a methodology that would allow for the free market to operate while, at the same time, preventing the abuses to which he has referred. I am strong on ensuring that in the scheme of development contributions, we err on the side of ensuring we protect and enhance town centres. We all know that there has been a reduction in footfall and business in town and city centres. This is not the interest of the consumer or the planning and development of the centres involved.
7Deputy Sean Fleming asked the Minister for the Environment; Community and Local Government the number of households that have registered for the household charge to date; the total revenue raised; his plans to sanction those who do not register; if he will make up any shortfall to the Local Government Fund that arises from a failure to achieve the estimated €160 million in revenue; and if he will make a statement on the matter. [13212/12]
The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver. The Local Government Management Agency, LGMA, is administering the household charge system on a shared service-agency basis for all county and city councils. I understand, from data provided by the LGMA, that as of 7 March 2012, a total of 200,101 properties have been registered for payment of the household charge. This equates to income of €20 million.
It is estimated that 1.6 million residential properties are liable to the household charge. If collected in full, the charge has the potential to raise €160 million annually. As an incentive to pay the self-assessment charge, late payment fees and late payment interest apply and amounts due and unpaid remain as a charge against the property concerned. Such amounts will have to be discharged in the event of the sale or transfer of the property concerned. I will keep the income being generated from the household charge under constant review and local authorities and I will take any necessary measures, as appropriate, in regard to compliance with the legislation.
The Minister said 1.6 million households are liable for the charge but, up to the end of February, only 128,000 householders had paid. He cannot operate on the revenue estimate of €160 million. Will local authorities be given funding by the Department to address the shortfall? The household charge is not an additional income stream for local authorities. It replaces the local government fund, under which €164 million was available last year. The figures do not add up.
There is no right to a supplementary question unless a Deputy is given permission.
If the Ceann Comhairle had acknowledged me, I would have put my hand up.
I call the Minister.
The household charge will go into the local government fund and will be disbursed among local authorities. If the estimated amount is not collected, the local authorities will have to examine their service plans for the remainder of the year. The Government has no additional money. If the €160 million is not paid into this fund, there will be an impact on services and local authority staff need to realise that.
The penalties for late payment are proportionate to the level of the charge and are similar to the provisions that apply under Revenue legislation in respect of the late filing and payment of certain taxes. Late payment fees and interest will only apply if the household charge is not paid in respect of the liability date and the property that is liable. That will act as a strong incentive to pay the self-assessment charge on time.
I refer to a practical matter relating to the charge. People who are presenting at local authority offices are being refused when they offer cash to pay the charge. They are sent away to get a postal order. In particular, I have encountered elderly people who do not have cheque books or credit or debit cards but who want to have their affairs in order. Will the Minister direct all local authorities to accept cash? Cash is the primary mode of payment in this country. The same issue applies to the non-principal private residence charge.
The Minister said that the penalties will act as a disincentive and will encourage people to register but with 75% of the time elapsed before his deadline and only 12% of households registered, how does he intend to square that circle when his Department was not capable of even delivering to every household? How does he intend to pursue people with late interest payments given the State would have to take them to court and the courts system is in crisis?
I would like the Minister to clarify how he proposes to follow up cases of non-payment. It has been mentioned that a system of attachment orders would be introduced, which would result in money being take from people's wages or social welfare payments.
Has the Deputy a question?
The Minister for Justice and Equality said that he was considering bringing forward legislation to do this but the Tánaiste and Minister for Foreign Affairs and Trade and the Taoiseach both said that would not be the case.
We are running out of time. Will the Deputy put a question?
Will non-payment be pursued under the Fines Act 2010? Will this be the means by which the Minister will chase people to pay this tax?
The tax is legally liable. It is the law of the land and the case of any person who is taken to court in breach of the law and how the payments are collected are matters for the Minister for Justice and Equality under the Fines Act 2010.
Is that the method the Minister will pursue?
I will not develop any method. My methodology is to ensure people understand the law and understand they are liable for this charge and have to pay it. The late payment interest will be 1% per month and late payment fees will apply in the case of a household charge. If the Deputy is advocating that people should not pay, he is telling them that they should pay late payment fees and mount up a bill on top of the €100 charge.
With regard to Deputy Daly's question, people do not pay until they have to and they will have to pay by the end of this month.
With regard to Deputy Mulherin's question, I have advocated to the local authorities that they take legal tender. I am developing a system with An Post whereby it will supply the household charge forms. People will have access to them in the next few days, hopefully next week, and can pay through that methodology, particularly the elderly community in rural areas.
8Deputy Patrick Nulty asked the Minister for the Environment; Community and Local Government if he will urgently review the decision to disband the recruitment panel for Dublin Fire Brigade; if the panel will be re-instated and utilised to recruit further Dublin Fire Brigade staff members, in view of the pressing need for vacancies to be filled; and if he will make a statement on the matter. [12927/12]
There is an ongoing moratorium in the public service which was introduced as an emergency measure in response to the financial crisis. Under the terms of the moratorium all local authority staffing requests must be sanctioned by my Department.
In accordance with section 159 of the Local Government Act 2001, it is a matter for each local authority, in the first instance, to ensure that the reduction in staff numbers is managed in order that the appropriate service level is maintained. Section 10 of the Fire Services Acts 1981 and 2003 set out the functions of a fire authority, which include the establishment and maintenance of fire brigades, the assessment of fire cover needs, the provision of premises and, of course, its fire fighting role.
My Department works very closely with local authorities to ensure that critical posts are filled while overall numbers are reduced having due regard to the continued delivery of key services and the need for further reduction in overall staffing levels and expenditure in the local government sector. Dublin City Council's overall staff numbers have reduced from 7,326.15 whole time equivalents in June 2008 to 6,072.35 whole time equivalents in December 2011, a reduction of 17%. In the same period the number of full time firefighters employed increased from 825 whole time equivalents to 874 whole time equivalents.
I understand that the position in regard to staffing in Dublin Fire Brigade is kept under constant review by Dublin City Council. The panel referred to by the Deputy, which was in place since 2007, expired in December 2011.
As Deputy Nulty is not present, I will not delay-----
I will take it.
-----because there are Deputies waiting for their questions, including Deputy Ellis.
I understand that but I have-----
There are no rights. The Deputy's question is not grouped with Question No. 8.
It is not but I want to ask the Minister about the panel which was in place and which expired in December 2011. People were on the panel for years and have been excluded from it while Dublin City Council has sought to fill posts from within its workforce.
What is the Deputy's question?
If there are posts available the staff in Dublin City Council are not sufficiently skilled to fill them. This is a specific skill and one does not find fire brigade members within a local authority. They are specialist people. This is the wrong way to go.
Will the Deputy please put his question to the Minister?
I am putting the question. It has also been a terrible blow to those who have been on the panel for many years.
Will the Deputy please put his question?
The Minister has indicated that he can intervene in certain circumstances.
This is Question Time.
Will he intervene if the staff numbers fall to a drastically low level, which is beginning to happen?
I do not know how the Deputy can square the last statement he made that the number of staff in Dublin fire services is reducing, when in fact the number has increased by 50, from 824 whole time equivalents to 874 whole time equivalents. How can the Deputy say the number has been reduced? Those are the figures.
People are retiring.
They are whole time equivalents. I will not intervene at a time when we are reducing the number of staff in local authorities generally and where the fire service has had its number of whole time equivalents increased. This is an indication of the priority we give to the people of Dublin in respect of the fire service.
Does the Minister not think it is unfair to the people who were on the panel?
9Deputy Patrick O’Donovan asked the Minister for the Environment; Community and Local Government if he will consider reviewing the policy whereby vacant local authority houses are being prioritised for insulation while those that are occupied in some cases, are inadequately insulated. [12928/12]
In line with overall national policy which promotes a reduction in energy use, the enhancement of energy efficiency standards remains a priority within my Department's overall strategy for the improvement of local authority housing. Under the Department's Social Housing Investment Programme, local authorities are allocated capital funding each year in respect of a range of measures to improve the standard and overall quality of their social housing stock. The programme includes a retrofitting measure aimed at improving the energy efficiency of older apartments and houses by reducing heat loss through the fabric of the building and the installation of high-efficiency condensing boilers.
Given the constraints on new local authority housing supply, it is important that the existing stock of local authority housing is available and in fit condition to meet housing need. Houses requiring significant pre-letting improvement works can quickly deteriorate if left vacant for an extended period.
Under this year's improvement works programme, the focus will continue on returning vacant properties to productive use. Local authorities may also undertake works, out of the allocations provided, to improve the energy efficiency of occupied units, where the local authority considers this appropriate. In drawing up improvement works programmes which include the upgrading of tenanted properties, I envisage that local authorities would give priority to older houses which lack adequate wall and roof insulation.
In respect of occupied units my Department provides a grant of up to €15,000 per house, depending on the energy improvement achieved, for necessary works such as attic and wall insulation, the replacement of windows and external doors and the fitting of energy efficient condensing boilers.
May I ask one question? I welcome the Minister's reply. My question is on older houses. In regard to O'Moore Place, Portlaoise, the local authority was told by officials in the Department not to proceed with the retrofitting measure because they could not get it up to the B standard. They were advised to leave them as they occupied houses. What is happening is that the local authority is spending the money on houses built only ten or 12 years ago which have insulation but would not-----
I thank the Deputy.
I ask the Minister to revisit that issue. This is genuine question.
I understand that.
The houses that really need it are not getting it.
If Deputy Stanley wants to make a case in writing on the issues he has outlined I would be glad to have them considered.
I thank the Minister.
10Deputy Mick Wallace asked the Minister for the Environment; Community and Local Government his views on the fact that introducing further rules and regulations to combat the failure of self-regulation, as evidenced in the cases of the Priory Hall and Belmayne developments, Dublin, will not serve to resolve this problem if the will and resources to enforce these are lacking; and if he will make a statement on the matter. [13103/12]
29Deputy Mick Wallace asked the Minister for the Environment; Community and Local Government his views on whether rules and regulations in relation to building developments are sufficient in view of recent events at Priory Hall and Belmayne, Dublin; and if he will make a statement on the matter. [13102/12]
I propose to take Questions Nos. 10 and 29 together.
The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on clear legal standards as set out in the building regulations; detailed technical guidance documents to outline how these standards can be achieved in practice; the burden and responsibility for compliance resting first and foremost with developers-builders; a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and the responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities. Where a contract exists between the owner of a building, including a local authority in the case of certain publicly owned buildings, and the relevant builder-developer enforcement may also be a civil matter.
Local authorities already have extensive powers under the Building Control Acts which they can use to enforce compliance with the building regulations. The case at Priory Hall demonstrates that Dublin City Council is willing to use its powers for enforcing compliance with fire regulations when necessary and other local authorities have also used the courts to effect compliance with planning permissions, building regulations and fire regulations, all of which are critically relevant to the quality of the built environment. Results can also be achieved, and often are, through discussion and persuasion with the threat of legal action.
Clearly, however, there are steps that can and must be taken to improve compliance with, and oversight and enforcement of, the building regulations. That is why in July 2011, I announced a number of measures to be advanced by the Department and local authorities. They include the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the building regulations have been met; the lodgement of drawings at commencement and completion of construction, demonstrating how the building has been designed and built to comply with all parts of the building regulations; more efficient pooling of building control staff and resources across the local authority sector to ensure more effective oversight of building activity; standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions; and better support and further development of the building control function nationwide.
Mandatory certification, lodgement of drawings and improved inspection arrangements as outlined above are key reforms which, I believe, will have the capacity to improve the quality of buildings and will lead to further strengthening of the regulatory regime as early as possible in 2012. Professionals who are engaged by developers will be required to ensure that construction at least meets the legal minimum standards and there is an urgent need for the construction professions to deliver high standards and professionalism in the construction field.
One can have all the regulations one wants but there will have to be enough people to ensure the work is done correctly. Drawings can be checked before and after construction and one can sign off on work. In the case of Priory Hall, not only did the builder say the work was done correctly but so also did the architect and the engineer and Dublin City Council appeared to be satisfied with it.
The guy the bank sent out to test it thought it was okay for people to get mortgages in respect of it. However, it was not right. The reason was that there were no daily inspections on the site, which is what is required. If fire-stop is missing in a floor or around an opening in a wall, nobody will know unless there was someone on-site on a daily basis. That costs a lot of money, and many people are needed, but it is the only way to ensure things are being done right.
I agree with Deputy Wallace; there is no point in having any regulations if it is not possible to enforce them. In 2010, 82 enforcement notices were served by building control authorities, compared to 36 the year before. A clerk of works system is what the Deputy and I know best in terms of ensuring proper compliance with building control, and that is why I am trying to pool resources in local authorities to do precisely what the Deputy has advocated today. I am considering that intensely at the moment and examining whether we can obtain the necessary staff, notwithstanding the reduction in staff in local authorities generally, to ensure proper compliance with building regulations in future.
Am I to understand that the Minister is thinking of going back to the idea of requiring a clerk of works on-site - someone who represents the council and can make sure the architect, engineer, fire safety officer and builder are doing things according to plan? That would be great, and it would be money well spent. Some badly built developments are known to us, but I would say there are a lot more that we do not know about. It would be a good investment on the part of the State to bring back the clerk of works system.
I am not ruling out anything. The system has worked well in the past. We have had a lot of irresponsible building projects overseen by professions that we trusted. We asked them on behalf of the State to sign off on these developments, but we have seen some of the shoddy workmanship that has gone on. This has caused problems for the unfortunate residents who bought properties or are in social housing and who are caught up in this through no fault of their own. These are the professions that we all expected to be pillars of society, and we thought they would do the right thing by the citizens and by the State. I am not ruling out a return of the clerk of works system in order to ensure that the mandatory inspection regime I advocated earlier is properly enforced and implemented.
I hope that at some stage the Minister will agree to meet with the Priory Hall residents. I know he said he was waiting for the court case, but he should meet with them. We now know that the Minister's Department was involved in this in 2006.
Hold on a minute, Deputy. These are supplementary questions.
This is a supplementary question.
There is a time limit, and three other Deputies wish to speak, so please be short.
I will ask the supplementary question. When Department officials visited and inspected this site back in 2006, they discovered fire safety issues.
That is not a question; it is a statement.
I am going to ask the question now.
Well, ask the question.
I will ask it. These fire safety issues included the absence of fire collars. What action was taken at this time to rectify this? When spot checks were made to ensure compliance, how did the Department satisfy itself that the certificate provided by CLM Fireproofing, dated 21 November 2006, was adequate? Did the Department subsequently contact either CLM or the Royal Institute of the Architects of Ireland, whose certificates of opinion on compliance were provided by the developer?
I welcome the fact the Minister will be examining these issues, although I hope he will do more than examine them. I am glad he is inching towards that. The elephant in the room is the question of what he proposes to do to deal with the existing breaches of regulations in places such as Priory Hall. Tens of thousands of homeowners are affected by issues such as water ingress, drainage problems, unfinished estates, inadequate fire safety and pyrite. These are existing problems. I respect the fact that the Minister will be examining this in the future, which is necessary - a clerk of works system is required - but he needs to tell us how he will help the tens of thousands of families who are caught up in this situation now, with Priory Hall and Belmayne to the forefront.
I agree with Deputy Wallace that we should return to a clerk of works system as soon as possible. In addition, I support what was said by the previous speaker. We need to rectify the appalling damage that has been done. Would the Minister be prepared to appoint a high-level inspector from his own Department to examine all of the north fringe? Like everyone else in the House, the Minister was exasperated when we started hearing of problems with Belmayne.
Has the Minister investigated the certificate that was given to Kingspan Century to erect four-storey buildings with wooden frames? Is it the case that this is the only company in the UK or Ireland that has such permission? Has he requested an urgent explanation from the Dublin city manager of why the investigations in Belmayne in 2011 did not reveal the appalling problems we are facing in that part of the north fringe today?
Belmayne was launched in 2007, as Deputy Broughan knows, at the height of the property boom as a high-profile housing development in Dublin's north fringe. The company behind the development, Belmayne Ireland limited, has had its loans taken over by NAMA. On 6 July 2011 a report was prepared for the chief fire officer of the Dublin region outlining the position with regard to fire safety inspections carried out between April and July 2011 on a number of units in Belmayne. The report indicated that based on visual inspections, the means of escape layout and fire protection facilities were in compliance with the relevant fire safety certificate as issued by the building control authority. While the inspections were limited in terms of the actual construction that could be accessed, the officer reported that the exposed construction inspected was in compliance with the Irish Agrément Board certificate. As we now know, this was not satisfactory. When matters came to a head on 19 January 2012, Dublin City Council, through Dublin Fire Brigade, was notified by a developer of a construction defect. Although nobody needed to move out, it is not satisfactory that a proper investigation was not carried out earlier. I am having these matters followed up.
Deputies Daly and Ellis asked how we intended to deal with the legacy issues. I have asked each local authority to carry out inspections and have areas they suspect are non-compliant with fire regulations investigated as a matter of urgency in the interests of residents. I hope to receive reports from the local authorities shortly so we can identify and address any problems. There is sufficient legislation to allow local authorities to do their business properly, and that is what they have been doing in some cases but not in all. I hope to be able to follow up on this in the near future.
The issue raised by Deputy Ellis was the subject of a parliamentary question on 1 March, the reply to which set out the exact position. I will not read it out again as the Deputy will be familiar with it. Trusted individuals in the professions were asked to sign off on particular items and this was not done in substantial compliance with the building regulations.
11Deputy Seán Crowe asked the Minister for the Environment; Community and Local Government if he has finalised a regulatory impact analysis of domestic waste collection; and if he still aims to submit final proposals on regulation of this industry to Government by Easter this year. [13075/12]
The programme for Government contains a commitment to introduce competitive tendering for household waste collection under which service providers would bid to provide waste collection services in a given area, for a given period of time and to a guaranteed level of service. A public consultation designed to inform the policy development process concluded in September 2011. A large number of responses were received from a broad spectrum of interests. As I said earlier, many people had differing opinions on how such matters should be dealt with in terms of policy. All of the responses are on the Department's website, www.environ.ie.
I met recently with representatives of the household waste collection industry, during which an economic analysis of many of the issues was presented to me. This research, in addition to the recently published National Waste Report 2010, will help inform the completion of the regulatory impact analysis in respect of household waste collection, which is now at an advanced stage. I expect to be in a position to submit final proposals to the Government by Easter this year.
The promised regulatory impact analysis was to be published by Easter. From what the Minister is saying, it seems it is soon due. There are problems with waste collection all over the city, but particularly in certain areas where rubbish is left scattered. We clearly need a service level agreement. Refuse collection companies are leaving rubbish uncollected. Black plastic bags are left in some areas, and shops are still selling bin tags. The waiver scheme has been abandoned even though, as I understand it, it was supposed to be retained for 12 months. How will that aspect knit with the proposed national waiver scheme contained in the programme for Government?
I hope to include as part of the national policy an obligation for a waiver for low income families. That has worked well in many local authorities. It has been an expensive provision for local authorities in the past but, nevertheless, it is a valuable policy instrument to assist people, particularly those on low incomes and in receipt of social welfare benefit, to ensure they are able to comply with the waste regulations.
A good deal of work has been carried out and the Deputy will be aware of the submissions that have been made. Local authorities have found this to be a very expensive system to operate. It has been largely privatised now but it must be properly regulated and, under the new waste policy, we will seek to regulate the waste industry properly and ensure that people get a service in every part of the country - there are many parts of the country where people do not have a service - at affordable rates in a competitive environment.
Is it still the intention to move towards a system whereby there would be tendering on an area-wide basis rather the choice which consumers have at present? It would be very uncompetitive to do that and would ultimately cost the consumer more and remove choice from consumers.
It is interesting that the Competition Authority, which had strong views on this issue some years ago, appears to have changed its mind recently. It is now indicating that the existing collection system is more competitive and consumer friendly than it previously thought. It is amazing that such an august body as the Competition Authority can change its mind on these matters. Taking that into account, which it would expect me to do, the issue of franchise bidding and the household collection system is still in the programme for Government but, equally, I am looking at enforcing the existing system better through a stronger permit system as well. All these issues are on the table to ensure we have a competitive system that gives good consumer choice and deals with the obligations on citizens to ensure their waste is collected.
12Deputy Niall Collins asked the Minister for the Environment; Community and Local Government the correspondence he has had with the European Commission in relation to the newly published draft standards for septic tank inspections, the risk based inspection process; and if he will make a statement on the matter. [13203/12]
On 1 March 2012 I published a consultation document which sets out the proposed standards for the operation and maintenance of septic tanks and other domestic waste water treatment systems. The consultation process will be open until Friday, 30 March and submissions can be made to my Department on the proposed standards before they are given legal effect. It is my intention, subject to the outcome of this consultation process, to include the standards in regulations to be made under the Water Services (Amendment) Act 2012.
My Department is in regular contact with the European Commission on the steps necessary to comply with the October 2009 European Court of Justice ruling against Ireland regarding domestic waste water from septic tanks and Ireland's obligations under the EU waste directive. A copy of the draft performance standards has been provided to the European Commission.
The Water Services (Amendment) Act 2012, together with the regulations I am proposing to make, are key measures to achieve compliance with the court ruling and to avoid the imposition of financial penalties by the court. The court is due to consider an application for the imposition of fines and penalties on this matter later this year.
Is the Minister aware that Professor Tol, a former environmental economist with the ESRI, has cast doubt on whether the risk-based inspections will be upheld by the Commission? He talks about the need for inspections to be periodic.
I am surprised the Deputy would take his advice from Professor Tol who said it would cost €800 to put a water meter in a house. He has got a number of things wrong. He is no longer working for the ESRI. I am sure the Deputy will agree that not everybody who presents himself or herself as having such levels of expertise is always right.
13Deputy Robert Dowds asked the Minister for the Environment; Community and Local Government in view of the very high prices charged to grieving families for burials in Dublin and the very few powers which local authorities have to regulate graveyards, his views regarding the accountability of the Dublin Cemeteries Committee, a body set up by a private act of the Oireachtas in 1970, which has opened numerous graveyards around Dublin in recent years, which has developed a considerable monumental stone business and a flower business, which has charitable status giving it certain tax exemptions, which is under no obligation to file accounts with the Companies Registration Office and which does not publish detailed accounts to the public. [12925/12]
45Deputy Robert Dowds asked the Minister for the Environment; Community and Local Government if his attention has been drawn to the fact that the vast bulk of legislation giving powers to local authorities to regulate graveyards here consists of a Public Health Act from 1878 and that the legislation in question is completely of any form of protection for persons purchasing plots in graveyards; and his views that there is a need to improve the regulation of the operation of graveyards in view of the high price charged to grieving families for burials in Dublin, the lack of transparency of the costs involved and the fact that most of the legislation dates from the nineteenth century. [12924/12]
I propose to take Questions Nos. 13 and 45 together.
Under the Local Government (Sanitary Services) Acts 1878 to 2001, local authorities generally, acting in their capacity as burial boards, have a range of powers to provide and manage burial grounds in their functional area. It is a matter for each local authority to set an appropriate level of charges in respect of burial grounds managed by it.
There are no plans to introduce new legislation in regard to burial grounds. Perhaps Deputy Dowds in his question is getting at the cost of plots. I am not sure what is the nature of his question but he might allude to that.
I was referring more to the private side.
Okay. In Dublin, the four local authorities operate a large number of burial grounds throughout their administrative areas.
My Department has no role in regard to the Dublin Cemetery Committee or The Dublin Cemeteries Committee Act 1970, which is a private Act.
I thank the Minister for his reply. This is a difficult issue and I ask the Minister to examine the operation of The Dublin Cemeteries Committee Act 1970, which covers the operation of several cemeteries in Dublin such as Glasnevin, Palmerstown, Dardistown and Newlands, because people have to bear extreme costs when they bury loved ones in those cemeteries. One of the problems is that people do not know what the cost will be when they go about buying a grave. Given that the The Dublin Cemeteries Committee Act applies to these cemeteries, I ask the Minister to examine this matter. I have concerns about a number of serious issues. This body does not publish accounts and even though it is a charitable body, yet it is engaged in commercial activities. I respectfully ask the Minister to examine this matter to see if anything that can be done to ease the cost for people who choose to bury loved ones in those cemeteries.
I know that the Deputy would not be asking this question until he received many representations on it. It is interesting that prices differ widely-----
Hugely.
-----especially between rural and urban areas. A single plot in Mayo costs €375 while one in Fingal costs €1,900. The cost of plots in south Dublin increased significantly on 1 January last. A single plot rose from €1,200 to €1,800. It is an expensive matter and it might be a matter for the Minister for Jobs, Enterprise and Innovation in that this could involve a competition issue.
In Palmerston the cost of a plot could be €8,000, and that is before one does anything else.
The Deputy might send me details of those levels of extortionate costs, as in the case of the plot that cost €8,000 and I will have that investigated.
The worst I heard was one that cost €16,000.
I support the concerns expressed by Deputy Dowds on this issue. A few people who make gravestones and from whom I used to buy granite told me how unlevel the playing field has become in terms of their having to compete with the Dublin Cemeteries Committee. These people have set up a substantial stone business and they supply the stone that goes around a grave and the headstone. Unfair conditions are at play. One man in this business has had to lay people off because he is not able to compete with those other people in this business. The situation that prevails is unfair and it needs to be examined.
I would concur with that.
I thank Deputy Dowds for raising this matter. One can buy a plot for as little as €300 in County Laois. With regard to the transfer of responsibility to a separate body which appears to have charitable status, the service seems to work better under the local authority because it is accountable to voters and citizens. The Minister might examine that aspect.
I must admit that regulating the cost of burial plots and burial grounds was not high on my list of priorities. The Deputies have indicated that there is a significant variation in the costs charged. There are problems associated with it. I would glad if the Deputies would forward me examples to back up the assertions that have been made in the House and I will have them investigated.
Part of the problem is that the information only comes out in dribs and drabs. People do not know the real cost when they start the process of looking for a grave.
Written Answers follow Adjournment.
