Tá áthas orm a bheith anseo ar an ócáid seo chun an Bille a chur ós comhair an Tí. Tá súil agam go mbeidh fáilte ag gach uile daoine roimh na rudaí atá beartaithe ins an mBille.
The primary purpose of this Bill is to provide a legislative framework within which housing authorities will meet the accommodation needs of travellers. The Bill will ensure implementation of the Government's commitment, set out in An Action Programme for the Millennium to create a new deal for travellers. This Bill is a key element of the Government's efforts, on foot of the commitments in that programme and Partnership 2000 to promote social inclusion and equality and to counter discrimination. It is also central to the full implementation of the National Strategy for Traveller Accommodation, which was adopted by the previous Government in 1996. Indeed, at the outset I acknowledge the significant contribution of my predecessor, Deputy McManus, who chaired the Task Force on the Travelling Community up to her appointment as Minister of State.
The need for legislation to ensure more concerted efforts on the part of housing authorities to meeting the accommodation needs of travellers was recognised by the Task Force on the Travelling Community which reported to Government in July 1995. The task force examined a wide range of issues affecting travellers and made a large number of recommendations. On foot of that report, the then Government adopted a national strategy for traveller accommodation in March 1996. The strategy provided for the establishment of a traveller accommodation unit within the housing division of my Department, the establishment of a National Traveller Accommodation Consultative Group and the introduction of amendments to the housing, planning and development, and local government legislative codes to clarify the responsibilities and powers of housing authorities.
The need for this Bill is highlighted by the current accommodation position of travellers and an examination of developments in recent years. Local authorities carry out an annual count of traveller families to ascertain the accommodation position in their functional area. The most recent count, carried out at the end of November 1997, reveals a worrying increase in the number of traveller families on the roadside or in unofficial encampments, from 1,040 at end November 1996 to 1,127 a year later. This increase has occurred despite the efforts of housing authorities to provide more accommodation. Over the past few years, capital funding for the provision of group housing and halting sites for travellers has been increased and housing authorities have been given every encouragement by my Department to bring forward suitable traveller accommodation proposals. The general local authority housing construction programme has also been expanded and maintained at a high level in recent years. Indeed, over the last five years, an additional 849 traveller families have been provided with accommodation with the assistance of housing authorities. Yet, over the same period, the number of traveller families on the roadside or without official accommodation has fallen by only 53, from 1,180 to 1,127 families.
Moreover, the response of housing authorities to the accommodation needs of travellers has been somewhat uneven. While some authorities have made significant progress in reducing the backlog of families awaiting accommodation, the number of traveller families on the roadside continues to increase in other areas. Several factors influence the number of families seeking accommodation in a particular area, including the provision of traveller accommodation, the rate of household formation and changes in migration patterns of travellers, both within Ireland and between Ireland and the United Kingdom.
Many housing authorities have encountered strenuous opposition to proposals for traveller accommodation and it appears that this opposition is increasing in some areas. This Bill will ensure a comprehensive and planned response by housing authorities which will be underpinned by a consultative process.
This Bill will form part of the housing code and it reflects the approach set out in the main provisions of the Housing Acts from the Principal Act of 1996 onwards. The Bill takes account, where appropriate, of the recommendations of the Task Force on the Travelling Community. In drawing up the Bill, my Department availed of the advice of the Attorney General, other Departments, local authorities and traveller organisations. The National Traveller Accommodation Consultative Group, established by my predecessor in December 1996, has also been consulted about the principal provisions of the Bill.
The main provisions of the Bill will require local authorities, in consultation with travellers, to prepare and adopt by a date to be specified five year programmes to meet the existing and projected accommodation needs of travellers in their areas; allow for public input to the preparation and amendment of such programmes; oblige local authorities to take the appropriate steps to secure implementation of the programmes, establish on a statutory basis a national traveller accommodation consultative committee, require local authorities to set up local accommodation consultative committees on which local authority members, officials and travellers will be represented, amend planning legislation to require planning authorities to include objectives concerning traveller accommodation in their county or city development plans; improve powers for local authorities to deal with unauthorised temporary dwellings where alternative serviced accommodation is available or within one mile of existing accommodation regardless of whether alternative accommodation is available; and apply relevant provisions of the Housing (Miscellaneous Provisions) Act, 1997, in respect of the control of antisocial behaviour, to halting sites provided by local authorities or voluntary bodies with the assistance of local authorities.
Part I of the Bill sets out a number of preliminary and general matters, including, in particular, definitions of terms used throughout the Bill. As the Bill, other than sections 25 and 26, is being construed with the Housing Acts, 1966 to 1997, definitions in those Acts also apply, as appropriate.
Part II of the Bill gives an assessment of needs. It sets out the provisions concerning the preparation, adoption and implementation of local traveller accommodation programmes. Section 5 is the interpretation section for Part II. It provides that the 29 county councils, five county boroughs, five borough corporations and Bray and Dundalk Urban District Councils are defined as relevant housing authorities for the purposes of this part of the Bill.
In order to ensure that the five year accommodation programmes are adequate to meet the needs of travellers, it will be necessary to have accurate and reliable information on the needs of each family. Section 6 amends and extends the existing provisions in relation to the assessment of housing needs under section 9 of the Housing Act, 1988, to require that the periodic statutory assessment of needs carried out by relevant housing authorities, that is, those authorities obliged to adopt and implement five year accommodation programmes, take account of the specific needs of travellers and in consultation with travellers.
The existing provisions under the 1988 Act relate to an assessment of housing needs only and do not require assessment of the need for halting sites. There is provision for directions to be issued by the Minister in relation to the conduct of an assessment and the practice has been to issue directions to extend the assessment of needs to include accommodation on halting sites. The proposed amendments, therefore, put current practice on a proper statutory footing.
The amendments also require that regard be had to the need for transient halting sites to facilitate the nomadic lifestyle of travellers on a basis which takes account of the rights and concerns of the whole community. Another important change in this area is the new requirement to assess the needs to accommodate the future growth in traveller families in respect of a period to be defined by the Minister. It is likely that this period will be five years, that is, the period of the first programme. The legislation, therefore, is designed not only to eliminate the current backlog in accommodation but also to prevent a reoccurrence of this situation in a few years' time. Information on the housing needs of travellers held by urban district councils other than Bray and Dundalk Urban District Councils must be supplied to the authority preparing the accommodation programme for that area. Participation and consultation with travellers on the assessment of their accommodation needs is assured as a result of the requirement to notify the local traveller accommodation consultative committee and to have regard to their views.
The information and needs upon which the first five year programme is to be based is provided for at section 10 of this Bill. Because of the time lapse between the periodic statutory assessments, the section enables the Minister to give directions on how the information from a previous assessment is to be used or updated before a draft of the five year programme is prepared. The last assessment of needs was carried out in March 1996 and the next assessment is due in March 1999. As much of the preliminary work in preparing programmes will be carried out in advance of the next triannual assessment, housing authorities will have to update the 1996 assessment, for example, by using information obtained in connection with the returns submitted to my Department in relation to the accommodation situation generally of travellers.
The next significant step in the process is the preparation of a draft of a local five year programme by each relevant housing authority. The requirement to adopt and implement five year programmes represents a significant change from the existing discretionary powers. This change reflects the gravity with which the Government views the current situation. With 1,127 families on the roadside and an estimated further 300 families in temporary accommodation seeking permanent accommodation, it is clear that reliance on discretionary powers, given the difficulties in providing accommodation, cannot be expected to deliver sufficient progress. Moreover, these figures do not take account of the number of years that many families have been in these situations seeking to have living conditions improved to an acceptable standard or the likely increase in the number of households in the years ahead. The need for local programmes was identified by the Task Force on the Travelling Community and supported by successive Governments.
Sections 7 to 14 of the Bill set out in detail the various procedures to be followed before a programme is adopted. The procedures provided for are designed to ensure that the process is comprehensive, co-ordinated, integrated and transparent and is carried out by each relevant housing authority at the same time and in respect of the same period.
Section 7 requires that a five year programme be adopted by resolution of the members by a date to be specified by the Minister. The date to be specified will have to allow sufficient time for the statutory procedures and requirements to be complied with. Should members of an authority fail to exercise their duty within the specified period, allowing for the adjournment of any meeting up to a maximum of 21 days as provided for in section 13, the manager will be required to step in and ensure adoption within a further month. At this stage I estimate that in order to allow significant time for each step a minimum period of 12 months would be required to complete the process. Housing authorities are being given the flexibility to combine with one or more authorities to adopt joint programmes. I envisage that this option may facilitate improved co-ordination between neighbouring authorities. The same statutory procedures will apply to preparation and adoption of joint programmes.
It is critical to the success of the proposed legislation that every housing authority concerned address the same issues at the same time and in respect of the same period. Power to ensure that this happens is provided for in section 10. Section 7 already provides for the completion of the drafting process by a date to be specified. I also intend under the power which will be available to me to specify the dates in respect of the period for which the first five year programme is to be drawn up. Section l0 also sets out the matters which must be included in a programme — for example, information on the accommodation needs of travellers, a statement of the policy of the relevant housing authority in relation to how it proposes to meet these needs and a strategy for implementing the programme. These provisions are necessary in the interests of ensuring an adequate response to the statutory requirements under the Bill and of consistency and clarity of approach. There is provision for further directions to be issued by the Minister on matters of detail relating to the form and content of five year programmes.
There is a strong commitment throughout the Bill to consultation with the various interests concerned. The format of programmes set out in section 10 is intended to facilitate meaningful consultation with travellers and the general public and subsequent evaluation of the adequacy and implementation of programmes.
Prior notice of the preparation of an accommodation programme must be given under section 8 to a range of public authorities and the local traveller consultative committee to enable them to have an input to the preparation process. There is also a flexibility for other bodies, as the housing authority consider appropriate, to be given prior notice. These provisions take account of the long established working arrangements developed between the various bodies concerned. Inclusion of a body at this stage in the process is significant as other consultative procedures, to which I will refer later, automatically apply to such bodies.
Another important phase in the consultative process is the making available of a draft of the accommodation programme for inspection by the public. A period of two months from the date of the publication of a newspaper notice of such availability is allowed for the making of written submissions and for having those submissions taken into account. Bodies which received prior notice of the preparation of a draft programme under the previous section must also be given a copy of the newspaper notice and a copy of the draft programme. Under section 10(4) it is clear that the housing authority has power to amend the draft of an accommodation programme having considered any valid submissions received. The manager is obliged to report to the elected members on the results of this consultation including the revisions, if any, made to the draft or other proposed actions.
It is the intention under the Bill that all housing authorities concerned will have adopted their programmes by the specified date. Adoption is a reserved function of the authority — it requires a resolution of the members. Sections 11 to 14 contain further important details relating to the adoption of programmes. The manager must submit the draft programme and the report on submissions received under the consultative process in sufficient time — not later than two months from the specified date — to enable the members to give due consideration to its contents. It is recognised that there may be practical reasons why it would not be possible to complete consideration of the draft within two months. In such circumstances the meeting at which the motion for adoption is being considered may be adjourned for a further period of up to 21 days. Members are being afforded every opportunity to exercise their statutory responsibilities.
Should the members fail to adopt a programme by the specified date, the county or city manager is then obliged to adopt a programme within a further period of one month. In doing so the manager may make such amendments to the draft he considers appropriate. For instance, this would allow a manger to take account of the debate in the council chamber over an issue which members were unable to resolve. These are strong measures but the House will agree that the situation on the ground, as shown in the recently published returns from housing authorities, merits such action. There is no room in the strategy being pursued for housing authorities which shirk their responsibilities under the proposed Bill. Section 15 seeks to ensure that, once adopted, copies of the programme are circulated to specified bodies and are widely available for inspection or purchase by the public.
Once adopted, an accommodation programme must be implemented. Section 16 places an obligation on the adopting authority to take any reasonable steps necessary to secure the implementation of a programme. It also requires other housing authorities to take such steps as are necessary for the implementation of proposals set out in an accommodation programme in respect of their functional area. The obligations under this section extend to housing authorities within the area covered by the programme to have regard to the provisions of the programme when exercising any of their functions in relation to traveller accommodation. A programme, or parts of a programme, may involve partnership arrangements and fall to be implemented by many other bodies and individuals — for example, other public authorities, approved voluntary housing bodies and travellers themselves. The adopting authority has overall responsibility to secure implementation of an adopted programme in accordance with the strategies and policies set out in the programme. Such strategies may involve the provision of financial or other assistance to voluntary housing bodies to directly provide accommodation or grants to individual traveller families to assist with the acquisition of accommodation.
Local accommodation programmes must be reviewed at least once in every three years. Of course a local authority may carry out a review at any time they consider it necessary. There is also provision under section 17 for the Minister to require more frequent reviews. The housing authority has the power to amend a programme or replace the programme following such a review. The making of an amendment to a programme or the replacement of a programme is subject to the same consultative and other procedures as applied to the adoption of the original programme. The requirements in relation to the review of programmes are most important in terms of ensuring that a programme is dynamic and takes account of the demographic changes in the traveller population. The formal review provisions are also an essential tool in monitoring progress in implementing the five year programmes and adjusting accommodation proposals accordingly.
It is proposed under section 18 that a power be reserved for the Minister to require that programmes be prepared or co-ordinated jointly by two or more housing authorities and that programmes be amended in such manner and by such date. I see this latter power as a safeguard to be used only in exceptional circumstances. To do otherwise would be contrary to the general thrust of local government reform in recent years and the principle of subsidiarity which is based on the making of decisions at the lowest practicable level.
Sections 19 to 22 are further evidence of the commitment to consultation between the persons most directly concerned and the relevant public authorities. New mechanisms are proposed at national and local level to ensure ongoing consultation with travellers in relation to accommodation issues. The proposed National Traveller Accommodation Committee is the statutory replacement for the existing consultative group established by my predecessor, but with an expanded membership. The Minister may seek the advice of the committee on any general matter relating to the accommodation of travellers. The committee will also have the discretion to advise the Minister on any such issue on its own initiative. I consider it essential that the remit of the proposed committee is confined to issues of a general nature. Detailed issues — those relating to specific proposals for accommodation or the needs of individual families — are more appropriate for consideration by the proposed local traveller consultative committees. This qualification on the matters which can be considered at national level has worked well and I have no reason to change this.
To date the National Traveller Accommodation Consultative Group has been very active and has had a valuable input to revised Guidelines on Residential Parks for Travellers which were issued in October 1997. Further guidelines, in a series designed to raise the standards of accommodation provided, are being prepared in consultation with the group. I recently received a copy of the group's annual report for 1997 which also sets out its comprehensive work programme for 1998. I value greatly the work which the group is doing and I have already taken steps to expand the membership in advance of the enactment of the Bill.
Section 21 requires each county council and county borough corporation to establish a local traveller accommodation consultative committee to advise on traveller accommodation. The remit of these committees extends to any housing authority which is within the administrative county, or to an adjoining authority at that authority's request. Advice may be provided in relation to any aspect of the accommodation issue, including details of individual needs and specific proposals for accommodation. The local committees must be consulted or notified in respect of certain specified matters such as the making of an assessment of needs, the preparation of a draft accommodation programme, and be supplied with a copy of the newspaper notice and draft accommodation programme.
I expect that local committees will play an important consultative role in identifying the accommodation needs of individual families, the design of accommodation to meet these needs and the development of partnership arrangements to manage and maintain accommodation once it has been provided. The committees' role in relation to monitoring the implementation of programmes will be another valuable tool in ensuring that implementation is kept high on the local political agenda. The composition and balance of representation of the local committees is strictly defined.
Section 22 provides that the local traveller accommodation consultative committees shall comprise representatives of the members and officials for the appointing authority and representatives of local travellers and traveller bodies. The section also provides that elected representatives will not exceed one half of the membership, while traveller representatives must make up at least one quarter of the membership. The proposed parameters for the representation of each group are intended to ensure a balance of representation and reflect experience of a number of different approaches followed by some local authorities in recent years.
In preparing this section I also gave careful consideration to the inclusion of representatives of other groups and authorities on the consultative committee. I am satisfied that the composition proposed is appropriate, having regard to the role of the committees in improving the participation of travellers in the planning, design and management of their accommodation and in order to foster improved understanding between local authorities and the local travelling community.
In so deciding I took into account the other channels which are available to local communities to express their views on local developments, including the opportunity to have an input to the draft of an accommodation programme and the recently announced decision to end the exemption of halting sites from the public notice procedures of Part X of the Local Government (Planning and Development) Regulations, 1994, which apply to local authority developments in their functional areas. I was also conscious of the proposals under the local government reform programme for the establishment by local authorities of strategic policy committees covering the major functions, including housing. These will provide a further opportunity to consult community groups about housing issues, including traveller accommodation.
A wide range of services are provided to travellers at local level and it is a matter for the authorities concerned as to what arrangements may be appropriate to ensure co-ordination of those services. Some local authorities are participating in local co-ordinating arrangements but it is not necessary to provide for this specifically in the Bill. Section 23 is a saver provision which is needed to ensure that existing proposals for the development of accommodation are not held up pending the completion of the statutory procedures involved in the adoption of five year accommodation programmes.
Part III of the Bill sets out some miscellaneous but important provisions, including provision to strengthen the powers of housing authorities to control unauthorised temporary dwellings and to deal with serious anti-social behaviour on halting sites. Certain amendments to the Local Government (Planning and Development) Acts and the Local Government Acts are also included in this Part. Section 24 is a saver provision in respect of a county or city manager's existing powers under the City and County Management (Amendment) Acts to take action in emergency situations, including works which are reasonable and necessary to provide a reasonable standard of accommodation for any person.
Sections 25 and 26 provide for the inclusion in county and city development plans of appropriate objectives for the provision of accommodation for travellers and the use of particular areas for that purpose. The need for inclusion of appropriate objectives emerged as a result of a number of court proceedings which stopped particular developments for traveller accommodation on the grounds that the development was contrary to the development plan. The need for any change to existing development plans and the particular wording to be included will be a matter for each planning authority. While appropriate guidelines and advice will issue to authorities on the matter, it is essential that such objectives, as a minimum, allow for implementation of the adopted five year accommodation programme.
Any variation to an existing plan will be subject to the same statutory requirements which apply to normal variations. A planning authority is allowed the flexibility under section 26 to delay the making of the necessary changes until the next variation in order to avoid unnecessary duplication of effort by scarce resources. Section 26 also contains a transitional provision to ensure that any development under an adopted five year programme is not held up pending the processing of the necessary variation to the development plan.
I wish to see the voluntary sector playing a greater role in the provision of purpose built accommodation for travellers. That sector already has a track record in the provision of standard housing and the allocation of such units to travellers. There is scope for becoming involved in other types of accommodation as the assistance to approved voluntary bodies under the capital assistance scheme is also available at the maximum rates in respect of halting sites. To date, however, no proposal for such a site has been developed. I will continue to encourage voluntary bodies to become involved in this area. The technical amendment to the Housing (Miscellaneous Provisions) Act, 1979, proposed under section 27 is intended to ensure that there is adequate statutory backing for such assistance.
The powers of local authorities to provide, improve, manage and control sites for caravans are contained in section 13 of the Housing Act, 1988. Various aspects of these powers have been raised in the courts in recent years and, as a result, further clarification of the provisions in that section is required. Section 28 therefore provides for a revised provision under which it will be clear that a housing authority has power to provide sites with different levels of services related to the intended use, including transient halting sites, and both permanent sites and temporary sites pending the provision of permanent accommodation.
A definition of the term "site with limited facilities" has been inserted in the section to make a clear distinction between temporary or short stay sites and permanent sites. A new provision is also being inserted which will enable the Minister to issue guidelines on the level of services and facilities to be provided. The intention of the new provision is to ensure that accommodation of a standard appropriate to a given situation is provided. While housing authorities will be obliged to have regard to any such guidelines issued in developing their proposals, it is not the intention that they will be applied rigidly or be seen as the only solution. Situations will vary locally and account will be taken of this by the Department when considering applications for funding of specific proposals.
Revised guidelines on permanent residential caravan parks were prepared in consultation with the National Traveller Accommodation Consultative Group and were issued last October. Further guidelines in the series are being prepared in consultation with the group. Due to the number of proposals for accornmodation to be developed in the coming years under local programmes, it is my intention to have the further guidelines issued as soon as possible pending the enactment of the legislation. When the Bill is enacted I envisage that the guidelines will be reissued with the formal backing of the legislation. The extent of compliance with any guidelines issued is already a criterion applied by my Department when considering applications from housing authorities for capital funding for developments.
The objective of the proposed Bill is the acceleration of the rate at which accommodation is provided. It is important, therefore, that progress is made and is seen to be made in the implementation of local five year programmes. Section 30 provides for a mechanism which will facilitate regular reporting on the progress made as well as the activities of the local traveller accommodation consultative committee. The Department will also continue to seek returns from the housing authorities on the general accommodation situation of traveller families, perhaps with some adjustments to reflect the new structures and framework.
Increased powers are proposed for housing authorities under sections 31 to 34 of the Bill. The proposed powers are in relation to two problem areas identified by the task force as requiring attention, that is, unauthorised encampments, particularly in close proximity to existing traveller specific accommodation, and anti-social behaviour on sites. Unauthorised encampments continue to be a source of concern and complaints from the public. I recognise and accept that the problem of unauthorised encampments is largely related to the lack of availability of suitable permanent accommodation. The efforts of local authorities and others concerned must be concentrated on meeting the need for permanent accommodation.
However, there are and will continue to be situations where local authorities cannot tolerate such encampments on health, safety and environmental grounds. Effective powers to deal with such situations must be available to the authorities. The advice of the Attorney General was sought on the scope for amending the law in this regard and the proposals contained in section 31 of the Bill reflect the advice received. The improvements proposed in section 31 introduce a greater degree of flexibility in operating the existing controls which are set out in section 1 0 of the Housing (Miscellaneous Provisions) Act, 1992.
As a result of the amendments to the l992 Act, housing authorities will be able to take action in the following three situations: where an unauthorised temporary dwelling is within five miles of a serviced site provided by any housing authority or voluntary body and if the site has been provided by a voluntary body or is outside the functional area of the authority seeking to move the dwelling, the agreement of the body or authority must be obtained; where an unauthorised temporary dwelling is in poor condition or interferes with amenities or is or is likely to be a risk to personal or public health or safety, the alternative accommodation may be on any serviced site within or without the functional area of the housing authority and where an unauthorised temporary dwelling is within one mile of any traveller accommodation provided by the housing authority or approved voluntary body.
No change is proposed in respect of the action to be taken, that is, a notice is served to remove the temporary dwelling followed by the towing away of the dwelling if no response to the notice is received within a specified period. Powers of local authorities under the Planning Acts regarding unauthorised development and under the Roads Acts in connection with safety aspects and other controls under environmental and public health legislation will remain.
Proper management of residential caravan parks and halting sites is necessary in the interests of the quality of life of the residents on site and in the immediate vicinity. A number of important initiatives have already been taken to promote the use of best practice in estate management in local authority housing schemes, including the recent establishment of housing under the auspices of the Institute of Public Administration to encourage further training and research in this area. A scheme of financial assistance to housing authorities in respect of the management and maintenance costs for traveller specific accommodation has been introduced. Under this scheme, the development of partnership arrangements between local authorities and travellers for the arrangement of their accommodation is encouraged.
These proactive initiatives need to be underpinned by adequate statutory support in respect of problems which may arise on sites. Therefore, I propose to extend relevant powers to housing authorities or approved voluntary bodies, under the Housing (Miscellaneous Provisions) Act, 1997, in respect of anti-social behaviour on housing estates or halting sites.
I have set out in detail the provisions of the Bill and the background to it. The Bill represents a comprehensive and balanced response by the Government to the difficulties we have experienced over a long period in seeking to meet the accommodation needs of travellers. It provides housing authorities with a clear legal framework for addressing those needs, clarifies their obligations, strengthens their power as housing authorities and provides for consultations with travellers and the general public. In addition to changes in the local government planning and development regulations, the Bill ensures that planning, design and management of traveller accommodation proposals will be the subject of extensive consultation. This is essential if we are to address concerns on the part of travellers and the settled community and if we are to overcome the long delays experienced by housing authorities in seeking to provide accommodation.
I commend the Bill to the House. I look forward to strong support for the Bill and the objectives it seeks to achieve.
