Vol. 839 No. 2
1. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the total level of public subvention, the first-fix policy, the low income subsidy and the level of free allowance in its submission to water charges policy; and if he will make a statement on the matter. [19639/14]
Following the disclosure of the debacle that was the excessive costs associated with the establishment of Irish Water, particularly the €85 million spent on consultants, the Government, including Ministers of both party persuasions, committed last January to openness and transparency. It was indicated that there would be a commitment to engagement with the public in the Commission for Energy Regulation's consultation process on the pricing for the provision of water services for homes. Unfortunately, while the process has begun, the submissions of Irish Water and the Government have yet to be lodged, let alone published. Did the Minister bring to the Cabinet some weeks ago a wide range of proposals dealing with the content of my question, including proposals on the amount of public subvention, the first-fix policy, the low-income subsidy, the level of free allowance and the manner in which Irish Water will bill those who have yet to be furnished with a meter?
The Government is considering the proposals I have brought to the Cabinet on the funding model for Irish Water, including on the level of Government subvention. Proposals include measures on the affordability of water charges, in particular the provision of a free allowance in accordance with the commitment in the programme for Government. Full details will be announced following the completion of consideration by the Government.
The Water Services (No. 2) Act 2013 provides that Irish Water is required to submit its water charges plan to the Commission for Energy Regulation for approval. The free allowance and the level of funding to be provided by the Government for Irish Water will have a strong bearing on the net charges to be met by households. Consequently, decisions on these matters will provide greater visibility on the expected level of charges in advance of the final determination of all aspects of the water charges plan by the Commission for Energy Regulation. The commission will announce its decision on the approved water charges plan in August.
As part of the metering programme, my Department is working in conjunction with Irish Water on a proposal regarding customer-side leakage, the implementation arrangements for which will have to be worked out with Irish Water.
Considering the delay which has ensued, in spite of commitments given by several members of the Cabinet, an example of which was the comments made by the Tánaiste last week to the effect that this should have happened months ago, will the Commission for Energy Regulation be allowed extra time during which the public might be permitted to make submissions as part of the consultation process? Given the issues of the poor quality of water in many areas, the level of leakage and the fact that the Government and Irish Water on its instruction have yet to publish a complete audit of the system and a road map for reinstatement and rectification works and the status of progress in Dublin, the submissions of the Government and Irish Water are required to be published before people would be in a position to make a submission. They may believe the Government's proposals fail to address the deficiencies in certain parts of the country, the issue of hard water and its effect on white goods and the effect on households and their ability to pay the standing charge and the level of the free allowance. They might not meet with their approval.
Considering the Government's delay and procrastination in this area, will the Minister make a commitment to the public, and to this House, that the chief executive officer will be allowed extra time as it did not adhere to the initial commitments on the timetable put in place?
I agree with Deputy Cowen that a huge level of investment is required throughout the country. Approximately 80 water and wastewater plants are in need of urgent remediation because they are subject to potential European Commission infringement proceedings. Approximately 1 million householders are at risk because water quality is not up to scratch, and there are people on boil water notices. We are establishing a commercial semi-State body to allow us borrow money on the markets to double the amount of investment required and spend €10 billion over the next 12 years making sure that we put matters right. We are trying to make up for the under-investment in the good times.
The regulator will have adequate time for public consultation. He has already started the public consultation process regarding the tariff design and structure and when the Government makes the decision shortly on its submission on the free allowance affordability measures, and all the other issues we are required to do under the legislation, that will be put out to public consultation.
In the absence of the Minister's own submission, it is very difficult for the public to make a qualified submission, let alone ourselves and many others who have an interest in this issue. Has Irish Water made a submission and, if so, would the Minister instruct it to make that public to afford people an opportunity to ascertain the intentions of Irish Water with regard to these areas? In that way the public would have a better sense of engagement in this process in so far as their objections, concerns or willingness to engage in the process might be recognised more openly and honestly by the Government.
Irish Water is engaged with the Commission for Energy Regulation regarding its submission. Regarding its costs structure, establishment costs and investment requirements in the future, that is part of the process the regulator will have to scrutinise carefully on behalf of the customer. That is going on at the moment. The final piece of the jigsaw to allow the open and transparent system in regard to the charges will happen very shortly. Under the Act the Government will be making the necessary submission to the regulator to give the full picture but the Irish Water dimension of it is in place with the Commission for Energy Regulation, and it is fully engaged in the establishment process.
Can its submission be published?
It has made its submission. It is a matter for the regulator to publish all these matters in due course.
Would the Minister agree it should be published?
It is a commercial semi-State body. The board makes those decisions.
2. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if in view of the Government decision not to oppose the Sinn Féin Bill on the planning of wind farms, he will support the proposals it contains in relation to minimum setback distances and that wind farms only be located in areas designated by county development plans. [19637/14]
I raise this question about wind farms because it is fair to say the Government put the cart before the horse in this matter. We did not have the cost-benefit analysis on the export projects, the new guidelines on planning and the Government's Green Paper on energy policy. I put down this question because of the widespread opposition to large, industrial-scale wind farms in the midlands in counties like Laois, Offaly, Westmeath in particular, and Kildare. I hope the Minister can give me some reassurance that the Government's decision not to oppose the Bill I brought forward in the Dáil some weeks ago, which would not stop the development of wind farms but would regulate them properly, was not simply a cynical ploy to get us by until after the local elections on 23 May.
As I indicated during the discussions on the Private Members' Wind Turbine Regulation Bill 2014, the Government did not oppose the Bill on Second Stage on the basis that some of the issues raised in the Bill are already under consideration. However, the Government will need to consider the outcome of the consultation processes on the revision to the 2006 wind energy development guidelines and the renewable energy policy and development framework as this Bill progresses, and it is important that the outcome of these processes is not pre-empted.
Some 7,500 submissions have been received in response to the public consultation I commenced in December of 2013 on proposed revisions to the existing 2006 wind energy development guidelines focusing specifically on the issues of noise, setbacks and shadow flicker. These draft revisions propose the setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments; a mandatory minimum setback of 500 m between a wind turbine and the nearest dwelling for amenity considerations; and the complete elimination of shadow flicker.
In regard to section 3 of the Bill, which requires the location of proposed wind turbines to be identified in county development plans, I can confirm that this matter is already addressed in the existing wind energy development guidelines, which include a recommendation that development plan maps identify the key areas within the planning authority's functional area where there is significant wind energy potential and where, subject to certain criteria, such development would be acceptable in principle. In addition, many local authorities have produced local renewable energy strategies, which address the location of wind turbines in considerable detail.
I thank the Minister of State for her reply. The problem is that the Minister of State is bringing forward guidelines to the effect that planning applications must have regard to local county development plans. I have heard the man sitting beside the Minister of State speak here many times in the past two years about the need to give power back to local councillors. We now have an opportunity not to stop developments but to ensure they are located sensibly, having regard to the provisions and areas zoned in county development plans for the location of wind farms. Those of us who were councillors previously understand the meaning of the term "having regard to"; it means nothing. It means one can read it and then turn over the page. The guidelines must state that it has to be consistent with the locations zoned in the county development plans; in other words, if a wind farm is to be located in any county, be it Cork, Laois, Offaly or wherever, when the planning application is made, An Bord Pleanála, the developers and the county council executive must only consider areas consistent with those areas zoned in the county development plan. That is the key issue. There is no point talking about reform of local government or electing the 940 people and not giving them any powers. There will be 940 capable people elected to do this job, and we should give them the power to do it on behalf of their communities.
To answer the Deputy's point directly, as I have stated already, the matter is addressed in the existing wind energy guidelines, which include a recommendation that development plan maps would identify key areas.
And requirements.
The larger ones will be going directly to An Bord Pleanála. An Bord Pleanála does have regard to the various planning laws and guidelines in terms of making decisions.
With regard to the Deputy's point on the Green Paper, the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, will be publishing that shortly. On the guidelines, there is a large number of submissions and it will be quarter three of this year when we expect to finalise the guidelines.
Today is 1 May and we still do not have the cost-benefit analysis on the export projects, the new guidelines on planning, and the Government Green Paper. The Minister of State has just told me that the Minister, Deputy Rabbitte, will publish the Green Paper shortly. I have heard that here a number of times. We have put the cart before the horse in that regard.
On the issue of planning, and this is an important point, the Minister of State said that An Bord Pleanála "does have regard to" but that is the key point. An Bord Pleanála should be bound to only make decisions that are consistent with local county development plans. I emphasise that point to the Minister because it is important. It is not to veto projects but to make sure we get this right.
Regarding the commitment on setbacks of 500 m, some of the wind turbines planned in the midlands are so tall they might fall on a house. Five hundred metres is a short distance if there are turbines 185 m in height. That setback must be broadened, and I ask the Minister to examine that. She cannot simply set a distance of 500 m because it depends on the height of the turbine. A pro rata element must be put in the guidelines. Will the Minister confirm that for me?
I welcome the Minister's commitment on shadow flicker. We want the noise levels to be below those set out in the World Health Organization's 1999 guidelines. The Minister might confirm that.
First, we are proposing an improvement with regard to noise levels. Second, I will take note of the various submissions.
Third, with regard to setback, they are now statutory guidelines, so we are strengthening the guidelines in that regard. We will take account of the submissions-----
Pro rata.
-----and I do not wish to pre-empt what the decision will be. To clarify the matter of the Green Paper, that was approved by the Government yesterday and I presume it will be published in the near future. It is obviously a matter for the Minister, Deputy Rabbitte, and the Department of Communications, Energy and Natural Resources.
3. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will introduce more dog waste bags in public places in view of the fact that dog litter is a major problem. [19724/14]
Will the Minister provide more dog waste bags in public places, in view of the fact that dog litter is now a major problem? In recent weeks candidates have been canvassing in the local elections. Incidentally, there is an excellent candidate, Councillor Damian O'Farrell, running in the Clontarf ward.
Pooper scooper extraordinaire.
We hear about water charges and household charges, but dog litter is another issue that is under the radar. Many parents with young families are very concerned about the amount of dog litter in our parks and on our footpaths. They are afraid to let their children out to play on the greens or to walk along the paths. This is a very serious issue so will the Minister do something about it?
The Litter Pollution Acts 1997 to 2009 provide the statutory framework to combat littering and include provisions relating to dog fouling. Under the Acts, the primary management and enforcement response to littering, including the provision of dog waste bags in public places, is a matter for local authorities. It is a matter for each local authority, including the Deputy's councillor friend, to determine the most appropriate course of action to tackle litter pollution locally, within the legislative framework, including the most appropriate public awareness, enforcement and clean-up actions relating to litter and dog fouling, taking account of its local circumstances and priorities.
To support them in delivering this important statutory function, my Department provides a substantial amount of money each year under the anti-litter-anti-graffiti awareness grant scheme to each local authority to support suitable projects, schemes and initiatives tailored to create awareness, educate and combat the issue of litter within their functional areas. Projects eligible for funding under the scheme include the provision of "pooper scooper" materials to assist in the disposal of faeces, when a dog litters while in a public place. Awareness campaigns educating people about the dangers associated with dog fouling and the proper disposal of same are also supported. Sufficient resources are given by the Department to the local authorities to do what the Deputy has asked.
I thank the Minister for his response but the message I am getting in the area is that there are insufficient resources, an issue that is often brushed under the carpet. There are probably very well behaved dogs in Kilkenny and Tullaroan-----
And cats.
-----and perhaps some of them are very posh dogs, but does the Minister accept that this is a major health issue, particularly for families with young children? I accept that it is up to the dog owners to be responsible. I have seen three types of dog owners. There are the responsible ones, the irresponsible ones and the ones who pretend to be responsible. The responsible owners pick up the litter, the irresponsible owners do not care about their neighbours or young children and the ones who pretend to be responsible pretend that they care and then let their dogs out at night, when everybody is gone to bed, to run around the green and destroy the greens in housing estates. When the young children come out in the morning, the place is littered with dog dirt.
It is a very important environmental issue, and I realise the Minister and the Department take it seriously. There is also a serious related health issue. It is important that we examine this issue and act on it by implementing the rules. The Minister must also ensure that resources are provided to Dublin City Council to let people such as the excellent independent Councillor Damian O'Farrell to get on with his job and do his best for his city.
I hope the excellent councillor the Deputy mentions will do his job and prioritise the resources that are already in place in Dublin City Council to do the job the Deputy referred to in his question regarding dog fouling. It is a very important issue and it is a nuisance for people. There is a responsibility on certain individuals. There are already many enforcement measures in the Litter Pollution Acts. Penalties for littering offences, including dog fouling, range from on-the-spot fines of €150 to a maximum fine of €3,000 on summary conviction. Such measures are already in place, but the issue is enforcement and prioritisation. Obviously the councillor in the Deputy's area has not prioritised this matter to the extent he should-----
He is working very hard.
The money is available to do this. It is given to the local authorities each year. It is a question of ensuring that the councillor's voice is a little louder with his colleagues on Dublin City Council to ensure that this issue is dealt with.
Is Deputy Finian McGrath happy with that?
It is a dog's life.
4. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the arrangements in place to tender out, by the newly formed LCDCs of the local authorities, the operation of the successor to the current social inclusion programmes; and if he will make a statement on the matter. [19640/14]
There has been great concern about the tender process that will apply for the new social inclusion programme. The concern is that it would allow non-locally based both private and not-for-profit companies to apply for the programme. Perhaps the Minister would reassure us on the process that will be followed.
My Department’s local and community development programme, LCDP, is the largest social inclusion intervention of its kind in the State. The current programme officially ended at the end of 2013, having operated for four years with funding of €281 million over that period. It is being implemented by the local development companies on a transitional basis for 2014 with a budget of €47 million pending the roll-out of a new social inclusion activation programme in January 2015. All 50 local development companies are contracted by my Department to deliver the LCDP to the end of 2014. As an integral part of the alignment of community development and local government, the management and oversight of the LCDP will transfer to the local community development committees, LCDCs, within each local authority from 1 July this year.
The new programme is one of my key priorities and its budget for next year will be decided in the 2015 Estimates process. In accordance with the public spending code, best practice internationally, legal advice and to ensure the optimum delivery of the services to clients, the LCDP successor programme will be subject to a public procurement process. The new LCDCs will procure the programme locally. All proposals received will be assessed in accordance with the assessment criteria notified with the tender documentation, and the contract or contracts will be awarded on the basis of that assessment. Pobal is assisting my Department and the LCDCs in the preparation of the tender documentation and the assessment criteria. I expect that the local development companies with their experience and expertise will be well placed to tender for the delivery of the new programme in their areas.
Will it be a condition that the successful tenderer will be required to have its headquarters in the area in which it will provide the service? There is a major concern that big, professional companies from outside, with headquarters far removed from the communities, would win the tenders. Therefore, will it be one of the assessment criteria that the headquarters of the companies delivering the service must be within the area in which the service will be provided? Second, as part of the assessment criteria, will requirements be set down relating to the structure of the board of the delivery company to ensure that local community and voluntary bodies are represented on the board that will deliver the programme within each area?
As the Deputy knows, the alignment process between local authorities, my Department and the local community development groups has been ongoing for 18 months. It is not making as much progress as it should, because of the procrastination of certain people who do not want change. The local development companies decided two weeks ago to withdraw from the process. They changed their minds yesterday and now wish to engage again with regard to the type of role the community structures will play in the delivery of these programmes. There will be a partnership between the local authority and the community structures under the LCDC, the committee that will have an oversight and monitoring role in the delivery of these programmes. I expect that community structures within the community area will be delivering and implementing the programmes.
Expectations can go wrong, as the Minister knows. Will he take steps to ensure, first, that the delivery companies, not the LCDCs, will be required to have their headquarters within the area in which the programme is to be provided? Second, will the boards of the delivery companies be required to be reflective of the community and voluntary organisations within the area in question? Third, does the transfer of undertakings regulation apply in respect of the positions currently held by staff in the local development companies? In other words, if somebody new wins the tender will the staff be covered under the transfer of undertakings regulation?
The whole purpose of delivering these programmes is to reduce the level of administration as well as delivering the programmes. In 2013, the average administrative cost of delivering programmes through the LCDP has been 29%. Of €47 million allocated, some €14 million went in administration which is far too high. The structures of delivery will be assessed by the LCDC arising from the tender. It will depend on who wins the tender but I would expect that the experience of the local development companies already there will be favourites in order to win those particular programmes because of that experience. Experience will be an important criterion laid down by Pobal in the necessary criteria associated with the tender arrangements.
The transfer of undertakings does not arise. Recent legal advice given to me indicates there is no question of a transfer of undertakings obligation on behalf of the companies.
5. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the amount of extra revenue that is being spent collecting litter from those who avoid bin charges by dumping their litter at locations around Dublin city. [19725/14]
How much extra revenue has been spent collecting litter from those who avoid bin charges by dumping their litter at locations around Dublin city? There is an horrific amount of litter in some areas and it is a major issue. Irresponsible people are destroying our environment and communities, as well as damaging small businesses. Does the Minister accept that the privatisation of this bin collection service has been a disaster, leading to increased illegal dumping and littering throughout the city?
Enforcement action against illegal waste activity is a matter for the local authorities and the Office of Environmental Enforcement, OEE, of the Environmental Protection Agency, EPA. The Minister's role is to provide the legislative and policy framework under which both local authority and EPA enforcement action against illegal dumping is initiated.
My Department provides financial support to a network of local authority waste enforcement officers, as well as to the OEE, for waste enforcement activities generally. In 2014, a provision of €6.9 million has been made to support the work of the enforcement network, while €2 million has been allocated to support the work of the OEE. Each local authority is required to set out an annual programme of action, detailing the enforcement activities towards which this funding will be utilised. Typically, such programmes also include actions to tackle illegal dumping.
Penalties for littering offences are substantial, ranging from an on-the-spot fine of €150 to a maximum fine of €3,000 on summary conviction, and a maximum fine of €130,000 on conviction on indictment. The maximum fines for continuing offences are €600 per day for summary offences and €10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the court to pay the local authority’s costs and expenses in investigating the offence and bringing the prosecution.
Penalties for serious dumping offences provided for under the Waste Management Acts are also substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €3,000 on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and-or imprisonment for up to ten years. In addition, my Department is currently preparing legislative proposals to provide for the introduction of a specific on-the-spot fine for incidences of fly-tipping or small-scale illegal dumping, to which the Deputy's question referred.
Consideration is also being given to additional measures arising from the work of a group led by my Department, to examine current approaches to enforcement, including in relation to the provision in the Government’s waste policy launched in 2012, under which all householders are obliged to demonstrate that they are availing of an authorised waste collection service, or are otherwise managing their waste in an environmentally acceptable manner.
Raising awareness of the litter problem and educating people are key to effecting a long-term change in society’s attitudes towards litter disposal. Ultimately, however, it is the responsibility of each individual to ensure that they play their part in preserving the environment for others through the responsible disposal of their waste.
I accept the point that responsible waste disposal is up to everybody and it must be their own responsibility, but the reality is that a certain section of society is not accepting any responsibility. I was in a part of my constituency yesterday where black bags are being dumped on the road beside shops and other small businesses. A lot of this rubbish is coming from rented accommodation in the area.
The legislation is in place concerning the role of local authorities but those who pay taxes and commercial rates are asking why the law is not being implemented. Why are those illegally dumping waste not being targeted? The Minister said he is looking at new proposals to tackle fly-tipping and it is important to resolve such activity. The vast majority of law-abiding people are sick and tired of those who are destroying their city.
Other parts of the city are not affected and Dublin City Council's waste management services are doing an excellent job. The Minister mentioned a figure for enforcement of litter laws. Was it €9 million or €29 million?
We will come back to the Deputy later.
I agree with Deputy McGrath that many people act irresponsibly by dumping waste. All the Department can do is provide money to local authorities which must then provide additional resources if they wish to prioritise the issue in order to ensure that places are clean. I agree with the Deputy that illegal dumping is unacceptable. Small shopkeepers, in particular, are paying commercial rates yet they do not see their communities being tidied up. They can see irresponsible citizens littering places, particularly late at night.
We are seeking to strengthen proposals under the Environment (Miscellaneous Provisions) Bill to give local authorities more powers, including on-the-spot fines by litter wardens and perhaps gardaí as well. Such strengthened powers for local authorities will ensure a change in attitudes and an enforcement of the personal responsibility one would expect in any community.
In the first part of his reply, the Minister mentioned a figure for extra funding to ensure that enforcement is carried out.
I am changing the legislation.
Yes but the Minister mentioned a figure.
There are currently on-the-spot fines of €150 for various offences, but I will extend that to fly-tipping. There is a maximum fine of €3,000 on summary conviction and a maximum fine of €130,000 on conviction and indictment.
I must have picked it up wrongly. I am sorry.
