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Thursday, 28 Jun 2012

Priority Questions

Planning Issues

Questions (1)

Niall Collins

Question:

1Deputy Niall Collins asked the Minister for the Environment; Community and Local Government the steps he will take in view of this month’s report on planning irregularities in seven local authorities; if he will re-open independent inquiries; and if he will make a statement on the matter. [31297/12]

View answer

Oral answers (44 contributions)

On 12 June 2012 , I published the planning review report assessing the application of planning legislation, policy and guidance within the development plan and development management systems at local level and to inform further policy development in this area. Seven planning authorities, representing a broad geographical spread of both urban and rural areas as well as both large and small authorities, had been selected to assist in the review of policies and practices by reference to a number of cases raised with the Department.

The report found that the allegations made, which served as the basis for the review, do not relate to systemic corruption in the planning system and noprima facie evidence of malfeasance was found in any of the seven local authorities. It has, nonetheless, raised serious matters ranging from maladministration to inconsistency in application of planning policy or non-adherence to forward plans such as development plans.

The report contains 12 actions and I am committed to implementing all of these through legislative change and consolidation, revised non-statutory guidelines and improved management systems in planning authorities.

I have decided that all actions and recommendations and the full review on which they are based are to be considered by an independent planning expert. This intended appointment is separate from the ongoing examination of the recommendations contained in the final report of the Mahon tribunal. I expect the Government will consider a comprehensive analysis of these in the coming weeks, including the recommendation for the appointment of an independent planning regulator.

The position being maintained by the Minister of State on our call for an independent inquiry into the seven named local authorities and County Waterford is completely untenable. What we have heard from her and others has no credibility and this is a very serious issue. Yesterday Judge Gerard Griffin sentenced former Fine Gael councillor, Fred Forsey, to six years following a guilty conviction on six counts of receiving corrupt payments. It is entirely in the public interest that people know exactly what happened in Waterford. How could members of Waterford County Council zone land while a Garda criminal investigation was in progress? The Minister of State is not serving the public interest with the course of action she is pursuing, particularly with regard to Waterford.

I remind the Minister and the Minister of State of Judge Griffin's comments. Yesterday, he stated Mr. Forsey gravely breached the trust of the electorate, the crime was in the upper to mid range of the scale and political corruption undermines the specific nature of society. He also stated it is very important that corruption should not be allowed into the fabric of society and that it causes inequality.

I ask the Deputy to frame a question please.

I am getting to it. This morning we learned of a further call from two Fine Gael councillors seeking an independent inquiry. Why are the Minister and Minister of State engaged in a cover-up? For whom are they covering up? The public has a right to know. It is an issue of serious public interest. The Minister is laughing.

How does one keep a straight face when-----

He is sitting over there laughing. I remind him it is a watershed moment for the Government.

People are interested in this and it goes to the heart of ethics and credibility in the planning process. The Minister is sitting there laughing. Will he open an independent inquiry into Waterford because it is an issue of serious public interest?

The courts are dealing with it.

To just sit there and laugh is unbelievable.

It is hard to keep a straight face listening to this from a Fianna Fáil politician.

The Minister can talk about straight faces all he likes. The Minister is the person who said there is noprima facie evidence. There is a criminal conviction.

There is a court case.

I completely reject Deputy Collins's allegations. He knows perfectly well that what we were doing in this particular case was completing a review, and the word was "review", that the previous Minister intended to initiate.

What about Waterford?

Waterford has nothing to do with it. It is not one of the seven local authorities selected by the former Minister, Mr. Gormley.

Deputy Collins should get his facts right.

We are completing the job Mr. Gormley intended to start but did not. This is all the review is, and Deputy Collins should not make it out to be something it is not.

There were no allegations of corruption in the seven issues raised with Mr. Gormley. The review is completely separate from the type of corruption pointed to in the Mahon report. We will have a whole of Government response to the Mahon report in due course very shortly. The issue in Waterford is entirely separate and shows the court system works. Somebody was taken to court and found guilty and will now serve his sentence which is as it should be. However, it is on a completely different scale to the issues that were selected by the former Minister John Gormley when the Deputy's party was in the last Government with him. He selected those issues and they related to preplanning meetings, the height of buildings, local area plans and so on. He intended to instigate reviews on these issues, which have nothing to do with the kind of corruption mentioned by the Deputy, so he should not try to misinform the public on such issues.

I am not trying to misinform the public. Waterford is a local authority like the other seven local authorities. Is the Minister of State saying that there is no issue in Waterford?

A man was sent down for six years who had nothing to do with the zoning and who did not have a vote, yet councillors went ahead and voted through a zoning when a Garda criminal investigation was taking place. Does that mean anything to the Members opposite?

Of course it does.

What does it mean to them? They sit there and they laugh. What does it mean for their credibility as Ministers, the credibility of their parties, or the credibility of the planning process? It is a complete disgrace.

The Deputy is a complete disgrace.

I am not a complete disgrace. This is a matter in the public interest-----

It is in the public interest.

-----and the Minister of State is doing the bidding for the other-----

Can we please have an honest debate on this?

We are having an honest debate.

What I have completed is related to seven issues in seven local authorities selected by the former Minister of the last Government, of which the Deputy was a member.

Why was Waterford not chosen?

Waterford was not one of them. I could not complete a review of Waterford if it had not been started.

So there was a finding of corruption in Waterford, yet the Minister of State wants to know nothing about it.

She does not want to know what happened in Waterford.

That is not true. The Deputy is deliberately distorting what the reviews were about.

I am not distorting anything. Why does the Minister of State not come in here and demand to know, in the public interest, what happened in Waterford?

We are moving on to the next question.

Why do we have a courts system? The courts have found out what happened in Waterford.

The court convicted one person. What about the people who zoned the land while a Garda investigation was going on?

(Interruptions).

We just had a court case on this.

The Government has no credibility.

Unfinished Housing Developments

Questions (2)

Brian Stanley

Question:

2Deputy Brian Stanley asked the Minister for the Environment; Community and Local Government if he will provide an update on the completion of ghost estates, including the number of estates with site resolution plans and the number of estates that have completed their site resolution plans. [31372/12]

View answer

Oral answers (5 contributions)

I am chairing the national co-ordination committee on unfinished housing developments to oversee implementation of the report of the advisory group on unfinished housing developments, together with the Government's response to the recommendations. The committee includes representatives from the Irish Banking Federation, local authorities, the Housing and Sustainable Communities Agency, NAMA and the construction sector and real progress is being made with the public safety works required to improve the living conditions of existing residents on some unfinished estates. The committee is meeting on a regular basis.

Site resolution plans are a key tool in resolving issues associated with unfinished housing developments. Such plans enable developers to work with local authorities, financial institutions, NAMA and residents in determining how best to pursue resolution of problematic sites. The process also entails working with stakeholders in identifying the best long-term solution for developments in terms of their configuration, use of vacant buildings and ownership in a way that is in the best interests of residents. As part of the work of the national co-ordination committee, my Department initiated a pilot project for the resolution of sites using the site resolution plan process, and issued a working template in order to establish best practice in this area. I intend that the process, which is pivotal to the resolution of problem sites, will be used more extensively in the coming year. Ultimately, the initiation of the SRP process in respect of a particular development is a matter for the local authority concerned. However, progress by local authorities in ensuring that developers complete and resolve unfinished housing developments is continuing, as evidenced by regular reports to the national co-ordination committee. The committee intends to publish a report on overall progress, including the numbers of sites resolved, by the end of July.

Under the public safety initiative, my Department has made allocations totalling €3.21 million to 21 local authorities from the funding allocation made available to address immediate safety issues in 2011. The types of works that have been approved to date include the fencing off of unsecured and hazardous areas, capping of pipes, installation of street lighting and other works to secure sites. A provision of €2 million has been made for 2012 and my Department will be making further allocations as applications are received from local authorities and assessed. A total amount of €1.726 million has been drawn down by local authorities to date.

I would like to acknowledge that many of the ghost estates were a major problem and the Minister of State has secured their boundaries and the areas around them. This was very important as a result of the tragedy that we had. There were also other incidents. Having the site resolution plans is a very important step, but it is not enough at the moment. These plans need to be completed as a matter of urgency and brought to a positive conclusion. The list of ghost estates compiled by the Department must be updated when necessary. Having to wait for assessment and being put on the list just adds to the frustration of residents. Many of them are stuck in these unfinished estates, often left in terrible condition, with kids and others getting into the properties. It is just a disaster for residents, particularly those who took out mortgages and spent huge amounts of money. The residents deserve better. We need to compile an accurate list and try to complete the unfinished estates.

I have no disagreement with the Deputy on this issue. We have to continue to drive the process forward Thus far, 782 developers have given us site resolution plans and 136 of those have been completed, while others are in process. There are different kinds of works. Some are in NAMA, which will then have responsibility for the issue, while receivers are in charge of others and some estates have multiple developers. It is quite complex. The committee meets fairly regularly. We will publish a progress report very soon which will provide much detail on what has been achieved and what still has to be done. We have to keep a focus on this to ensure we resolve it for local residents.

I agree that the report of the advisory group is very important and we need to see that. Up to 2,000 NAMA properties were supposed to come on stream before Christmas, but we ended up with around 800 that were suitable for housing, for different reasons. I hope the other properties can be made available at some stage. That commitment was given before Christmas and there is a huge social housing waiting list. We need to find out why those houses did not become available.

Apart from our meetings with NAMA officials on the issue of unfinished estates, we are also meeting them about the 2,000 properties. They have also identified a further 1,000 properties, so we will pursue that issue to ensure that we get the promised amount of properties.

Local Government Reform

Questions (3, 4)

Seamus Healy

Question:

3Deputy Seamus Healy asked the Minister for the Environment; Community and Local Government when he intends to announce his reform package for local authorities; if he will outline his proposals; and if he will make a statement on the matter. [31384/12]

View answer

Brian Stanley

Question:

5Deputy Brian Stanley asked the Minister for the Environment; Community and Local Government the consultation with stakeholders that will take place in preparing his proposals for local government reform; and when will these proposals be ready. [31373/12]

View answer

Oral answers (10 contributions)

I propose to take Questions Nos. 3 and 5 together.

The Government's broad policy approach in this area was set out in the programme for Government. In line with this, I intend to bring proposals to the Government before the Dáil summer recess for an extensive programme of local government reform. Subject to the Government's decisions, I propose to publish a comprehensive policy statement setting out a clear vision for the future of local government and proposals to achieve it, with particular focus on strengthening structures generally at regional, county and sub-county levels, expanding the role of local government, maximising operational and organisational efficiency and improving governance, oversight, local political and executive leadership and citizen engagement. The reform programme will also reflect other work on various aspects of local government, including local authority mergers, efficiency implementation, local government funding and alignment of local and community development with local government. The statement will also outline implementation arrangements for the reform programme and certain issues which will be the subject of further policy development work.

Work on the development of policy proposals for the Government's consideration in this area is informed by the extensive analysis, consultation, deliberation and debate that has already taken place on local government reform over many years. I have received submissions from, and held discussions with the local government representative associations, with individual local authorities and with other interested groups and individuals. I also recently invited each individual councillor in the country to submit views to me on a number of issues relating to local government reform.

Publication of the policy statement on local government will provide a further opportunity for public comment and input ahead of the development of legislation required to provide for reform measures. The content of the local government reform legislation will be a matter for a decision by the Government in the first instance and will, of course, be the subject of Oireachtas scrutiny and debate in the normal way.

I thank the Minister for his reply. The Minister mentioned there would be an implementation plan after the policy statement is introduced. Does he anticipate that many of the changes will be in place before the local elections, due to take place in 2014? There is a real desire for reform in this area and it is difficult to see how there could be Oireachtas reform without having local government reform in conjunction. There will be an acceptance of change and this is a unique opportunity. Does the Minister propose to have mergers or does he intend to make changes to the town council structure? Will there be fewer town councils, or more? Will the county system still be regarded as the primary tier of local government or, in the event of mergers, will the Minister propose changes to that tier?

The county and city authorities will be the primary unit of local government. I am not in a position to state anything further until my Government colleagues discuss the ultimate structures at county and sub-county level. The policy paper will indicate the functions and structures of local government and how we can better deliver services at local level. We will attempt to introduce new proposals whereby there can be greater devolution of function, and delivery of services as near as possible to the citizen. In the context of the EU-IMF agreement, this gives us an opportunity to have a local source of funding. All these issues will be part of the reform proposals and will form part of the statement on policy that must be agreed in the first instance by Government.

I will return to Deputy Murphy but Deputy Ellis had the same question.

As the Minister is aware, Sinn Féin supports radical local government reform and seeks maximum power and decision-making to devolve to local authorities. This means that local government should have increased powers over planning, waste management, housing policy, education and roads while retaining its powers over supply of water. We also support having directly elected mayors in towns and cities. I realise this does not sit well with some of the Minister's ideas on water, and where the related control will lie. However, we look forward to the arrival of this debate. I will watch very carefully what is to happen on the ground in the local authorities, in what ways they will be changed and whether some towns will lose councillors. It is very important.

I do not know whether that was a comment or a question. We will have to wait and see the proposals before we can comment. I believe that is what the Deputy indicated. I hope we will be able to get a fair measure of agreement on the need for reform, that more functions should be devolved from central to local government and that there should be greater operational efficiency in how we deliver the services. There is now also an opportunity to provide a source of funding and it will be interesting to see how seriously councillors will take their responsibility when it comes to providing the necessary funds for the provision of services at local level.

The Minister did not tell me very much in his reply although I accept proposals must go to the Cabinet and decisions must be made. It would be reasonable, however, to expect to know if some of the changes are expected to be in place in time for the local elections. That should not be a secret or require Cabinet commitment.

I refer to town councils. Will there be changes at that level? It is not an unreasonable question.and one should expect a reply. The Minister has not exactly been silent on the matter. It would be useful to hear some indication.

I can confirm to Deputy Murphy that all the changes will be proposed and agreed by the Oireachtas and will be in place for the 2014 local elections.

One of the areas of concern for me is the loss of functions in local authorities. That is an important issue. I will wait to see what are the Minister's plans in that area. There are plans for the Road Safety Authority to take over the issuing of driving licences, there are other issues of monitoring and there are questions over Irish Water and what will be taken out of the hands of local authorities. These are significant issues. Only recently, within Dublin City Council there was a ballot on the different sections that concern water and the outcome was very negative in regard to the Minister's plans. I look forward to seeing and debating the proposals. This goes against the way things should be, namely, that the local authority should handle these issues.

As Deputy Ellis knows - or perhaps he does not wish to know - there will be a very strong relationship between Irish Water and local government in respect of the knowledge and expertise in the operational delivery of water. There has been engagement with the unions about this and it is the intention of Government to ensure there is more capital investment in water and waster water, bringing further employment and more opportunity for people to be gainfully employed in the provision of water and waste water services. The Deputy will now be able to put people at ease, arising from that statement. There will be a continued and very strong involvement of local government with Irish Water.

Septic Tank Registration Scheme

Questions (3, 4)

Seamus Healy

Question:

3Deputy Seamus Healy asked the Minister for the Environment; Community and Local Government when he intends to announce his reform package for local authorities; if he will outline his proposals; and if he will make a statement on the matter. [31384/12]

View answer

Brian Stanley

Question:

5Deputy Brian Stanley asked the Minister for the Environment; Community and Local Government the consultation with stakeholders that will take place in preparing his proposals for local government reform; and when will these proposals be ready. [31373/12]

View answer

Oral answers (10 contributions)

I propose to take Questions Nos. 3 and 5 together.

The Government's broad policy approach in this area was set out in the programme for Government. In line with this, I intend to bring proposals to the Government before the Dáil summer recess for an extensive programme of local government reform. Subject to the Government's decisions, I propose to publish a comprehensive policy statement setting out a clear vision for the future of local government and proposals to achieve it, with particular focus on strengthening structures generally at regional, county and sub-county levels, expanding the role of local government, maximising operational and organisational efficiency and improving governance, oversight, local political and executive leadership and citizen engagement. The reform programme will also reflect other work on various aspects of local government, including local authority mergers, efficiency implementation, local government funding and alignment of local and community development with local government. The statement will also outline implementation arrangements for the reform programme and certain issues which will be the subject of further policy development work.

Work on the development of policy proposals for the Government's consideration in this area is informed by the extensive analysis, consultation, deliberation and debate that has already taken place on local government reform over many years. I have received submissions from, and held discussions with the local government representative associations, with individual local authorities and with other interested groups and individuals. I also recently invited each individual councillor in the country to submit views to me on a number of issues relating to local government reform.

Publication of the policy statement on local government will provide a further opportunity for public comment and input ahead of the development of legislation required to provide for reform measures. The content of the local government reform legislation will be a matter for a decision by the Government in the first instance and will, of course, be the subject of Oireachtas scrutiny and debate in the normal way.

I thank the Minister for his reply. The Minister mentioned there would be an implementation plan after the policy statement is introduced. Does he anticipate that many of the changes will be in place before the local elections, due to take place in 2014? There is a real desire for reform in this area and it is difficult to see how there could be Oireachtas reform without having local government reform in conjunction. There will be an acceptance of change and this is a unique opportunity. Does the Minister propose to have mergers or does he intend to make changes to the town council structure? Will there be fewer town councils, or more? Will the county system still be regarded as the primary tier of local government or, in the event of mergers, will the Minister propose changes to that tier?

The county and city authorities will be the primary unit of local government. I am not in a position to state anything further until my Government colleagues discuss the ultimate structures at county and sub-county level. The policy paper will indicate the functions and structures of local government and how we can better deliver services at local level. We will attempt to introduce new proposals whereby there can be greater devolution of function, and delivery of services as near as possible to the citizen. In the context of the EU-IMF agreement, this gives us an opportunity to have a local source of funding. All these issues will be part of the reform proposals and will form part of the statement on policy that must be agreed in the first instance by Government.

I will return to Deputy Murphy but Deputy Ellis had the same question.

As the Minister is aware, Sinn Féin supports radical local government reform and seeks maximum power and decision-making to devolve to local authorities. This means that local government should have increased powers over planning, waste management, housing policy, education and roads while retaining its powers over supply of water. We also support having directly elected mayors in towns and cities. I realise this does not sit well with some of the Minister's ideas on water, and where the related control will lie. However, we look forward to the arrival of this debate. I will watch very carefully what is to happen on the ground in the local authorities, in what ways they will be changed and whether some towns will lose councillors. It is very important.

I do not know whether that was a comment or a question. We will have to wait and see the proposals before we can comment. I believe that is what the Deputy indicated. I hope we will be able to get a fair measure of agreement on the need for reform, that more functions should be devolved from central to local government and that there should be greater operational efficiency in how we deliver the services. There is now also an opportunity to provide a source of funding and it will be interesting to see how seriously councillors will take their responsibility when it comes to providing the necessary funds for the provision of services at local level.

The Minister did not tell me very much in his reply although I accept proposals must go to the Cabinet and decisions must be made. It would be reasonable, however, to expect to know if some of the changes are expected to be in place in time for the local elections. That should not be a secret or require Cabinet commitment.

I refer to town councils. Will there be changes at that level? It is not an unreasonable question.and one should expect a reply. The Minister has not exactly been silent on the matter. It would be useful to hear some indication.

I can confirm to Deputy Murphy that all the changes will be proposed and agreed by the Oireachtas and will be in place for the 2014 local elections.

One of the areas of concern for me is the loss of functions in local authorities. That is an important issue. I will wait to see what are the Minister's plans in that area. There are plans for the Road Safety Authority to take over the issuing of driving licences, there are other issues of monitoring and there are questions over Irish Water and what will be taken out of the hands of local authorities. These are significant issues. Only recently, within Dublin City Council there was a ballot on the different sections that concern water and the outcome was very negative in regard to the Minister's plans. I look forward to seeing and debating the proposals. This goes against the way things should be, namely, that the local authority should handle these issues.

As Deputy Ellis knows - or perhaps he does not wish to know - there will be a very strong relationship between Irish Water and local government in respect of the knowledge and expertise in the operational delivery of water. There has been engagement with the unions about this and it is the intention of Government to ensure there is more capital investment in water and waster water, bringing further employment and more opportunity for people to be gainfully employed in the provision of water and waste water services. The Deputy will now be able to put people at ease, arising from that statement. There will be a continued and very strong involvement of local government with Irish Water.

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