Written Answers Nos. 355-374
355. Deputy Luke 'Ming' Flanagan asked the Minister for Communications; Energy and Natural Resources if he will list all the current positions, where the appointment was made by his Department held by retired senior civil servants; and if he will make a statement on the matter. [42662/12]
View answerI assume the Deputy is referring to appointment to actual posts in my Department or to Boards of Agencies.
Two retired senior civil servants currently hold posts to which they were appointed by me. I appointed Ms Julie O'Neill, retired Secretary General, Department of Transport, to the Board of the Sustainable Energy Authority of Ireland (SEAI) on 15th September 2011 for a period of three years, subject to Section 10 of The Sustainable Energy Act 2002. Ms O'Neill’s application and CV were submitted through the Department's call for 'Expressions of Interest' to be considered for State boards, advertised on the Department’s website from 3rd-17th June 2011.
I reappointed Mr Seán Fitzgerald, a former Assistant Secretary of the Department of Energy, to the board of the Irish National Petroleum Corporation (INPC) on 1 June 2011.
356. Deputy Anne Ferris asked the Minister for the Environment; Community and Local Government his plans to reform the laws governing rights of way in view of the recent High Court ruling involving an association (details supplied); and if he will make a statement on the matter. [41429/12]
View answerI do not have any current plans to reform the laws governing rights of way.
Section 14 of the Planning and Development Act 2000 provides for a process for the inclusion by planning authorities of public rights of way in development plans. The process allows for the referral to the Circuit Court, by the landowner affected, of a proposal to include a right of way and where the court is satisfied that no right of way exists, the planning authority may not include it in its development plan. Section 14(7) provides that "the inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown".
The question of whether a public right of way exists is therefore ultimately a matter for the courts to determine.
Ireland's Waymarked trails and the majority of other walking routes are “permissive access routes” that have been developed with the landowners’ agreement; they are not public rights of way. Accordingly, the recent ruling regarding rights of way is not expected to have any significant impact on the existing network of permissive access routes currently available to walkers.
With regard to access to the countryside, an Expert Group reported to the relevant Minister in May 2007. It did not set out specific recommendations but examined existing legislation and explored the implications of introducing legislation, such as granting a right of access to recreational users. It was determined that the best way forward was to develop permissive access with the agreement of landholders. The consensus approach adopted is underpinned by the principle of mutual respect between landowners and recreation users, with the acceptance of the rights of landowners regarding access to their land and the need of recreation users to have reasonable access to the countryside. The report by the Expert Group on "Legal Issues of Land Access for Recreational Use" is available on my Department’s website.
http://www.environ.ie/en/Publications/Community/RuralDevelopment/FileDownLoad,27109,en.doc
357. Deputy Michael McCarthy asked the Minister for the Environment; Community and Local Government if his attention has been drawn to the stance taken by the European Commissioner for the Environment in response to written question E-9725/2010 regarding the extension of the slurry season in Ireland into the closed period because of poor growth rates, and regarding the consequences of frequent occurrence of heavy rainfall; and if he will make a statement on the matter. [41448/12]
View answerI am aware of the Commissioner’s response to that question.
In view of the exceptional weather conditions experienced in Ireland this summer, I decided to grant an extension to the period during which chemical fertiliser may be applied. The closed period for chemical fertiliser will now commence on 1 October 2012 instead of 15 September 2012. I also decided to extend the period for spreading livestock manures produced on farms. In this instance, the closed period was due to start on 15 October 2012 but will not now commence until 1 November 2012.
I took these complementary decisions early in September to provide certainty to farmers so that they could plan ahead to minimize the impact of an emerging fodder crisis by facilitating extended autumn grazing, and to optimize the management of manure disposal on their farms.
The commencement of the closed periods has been deferred by two weeks. All other conditions of the Nitrates Regulations continue to apply, including the suitability of weather and ground conditions. The question of allowing fertilizer application when occasional periods of good weather arise during the closed periods does not arise.
The Department of Agriculture, Food and the Marine is working closely with farm advisors to ensure that appropriate advice on conditions for spreading is reinforced at local level.
358. Deputy Michael McCarthy asked the Minister for the Environment; Community and Local Government his views regarding the setback distances for chemical fertilisers and exemptions from the larger buffer distances that apply when spreading organic fertilizer or soiled water adjacent to sources of water for human consumption, 200/100/25 metres; and if he will make a statement on the matter. [41449/12]
View answerThe setback distances for chemical fertilisers and exemptions from the larger buffer distances that apply when spreading organic fertiliser or soiled water adjacent to drinking water abstraction points are set out in Ireland’s Nitrates Action Programme. This Programme is given effect by the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2010.
The setback distance for the application of chemical fertiliser to land in the vicinity of a watercourse was increased to 2 metres in 2010 following a review of the first Nitrates Action Programme. This was on the recommendation of the independently chaired Expert Advisory Group that was appointed to advise on measures to be included in the current Programme. The prescribed distance of 2 metres is in line with similar requirements in England and Northern Ireland.
On the advice of the Expert Advisory Group, exemptions from prescribed buffer distances for the spreading of organic fertiliser or soiled water were also introduced following this review. The Group considered that the fixed buffer zone approach was not the most efficient in achieving the required protection of drinking water sources and that provision should be made for a case by case examination. Setback distances may only be decreased where a local authority has completed a technical assessment of conditions in the vicinity of an abstraction point. The technical assessment must be carried out in accordance with guidelines issued by the Environmental Protection Agency.
359. Deputy John Lyons asked the Minister for the Environment; Community and Local Government if in the interest of fairness he will work with his ministerial colleagues to prioritise the appointment of those on the live register to posts in voting and count centres for the upcoming referendum; and if he will make a statement on the matter. [41949/12]
View answer387. Deputy John Lyons asked the Minister for the Environment; Community and Local Government if in the interest of fairness he will ensure that appointments for posts in voting and count centres for the upcoming referendum will be prioritised for those on the live register; and if he will make a statement on the matter. [41947/12]
View answer388. Deputy John Lyons asked the Minister for the Environment; Community and Local Government if he will detail the number of temporary posts in voting and count centres which will be created for the upcoming referendum; the hourly daily pay for each post; the means by which these posts will be advertised; and if he will make a statement on the matter. [41948/12]
View answerI propose to take Questions Nos. 359, 387 and 388 together.
The primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. Within that framework, local returning officers are responsible for all matters in connection with the actual conduct of elections and referendums, including the selection, appointment and training of polling station and count staff in accordance with the relevant provisions of electoral law. Accordingly, information relating to the number of temporary posts that will be created for the upcoming referendum is not available in my Department.
The costs of running or holding an election or referendum, including the remuneration of personnel employed in polling stations and count centres, are met from the Central Fund by the Department of Public Expenditure and Reform.
My Department issues guidance to Returning Officers in advance of each election and referendum. The guidance emphasises that the smooth conduct of polls is dependent on maintaining a cadre of sufficiently skilled and experienced people. Having regard to that overall objective, returning officers are advised to employ competent and efficient persons as polling staff and asked to give consideration, where possible, to employing suitable persons who are unemployed.
360. Deputy Terence Flanagan asked the Minister for the Environment; Community and Local Government when he expects the specification to be ready for the type of water meter to be rolled out nationwide; and if he will make a statement on the matter. [41232/12]
View answerThe Government has decided that Irish Water, a new State-owned water company to be established as an independent subsidiary within the Bord Gáis Éireann Group, will be responsible for the domestic water metering programme. The Government has recently approved the preparation of legislation to assign the necessary powers to allow Irish Water to undertake the metering programme. The objective is to have the Bill enacted by the end of this year. Pending the enactment of the legislation, Bord Gáis is working on the development of the specifications for the water meters and the meter reading technology and I expect the detailed specification to be finalised early next year at the latest.
361. Deputy Éamon Ó Cuív asked the Minister for the Environment; Community and Local Government his plans to change the terms of the shared ownership option schemes, in view of the fact that persons are now paying very high rent on the rental part of their property and also have large repayments on the purchase part of these properties that are only a fraction of the value they were at the time of purchase; and if he will make a statement on the matter. [41240/12]
View answerUnder the Shared Ownership scheme the rent charged on the local authority’s equity in a shared ownership transaction is to cover the funding costs to the Housing Finance Agency which are based on borrowings at the prevailing interest rates. Any difference between the rent and prevailing interest rate is reflected in the capital outstanding on the property, i.e. if the rent charged in any period is greater than the prevailing mortgage interest due on the local authority’s share the purchase price of the outstanding equity will be reduced accordingly. Local authority mortgage holders – including those who purchased under shared ownership – also benefit from extremely keenly priced interest rates which currently stand at around 1.5% below average variable rates available in the market. This is a very substantial differential.
To take account of the current housing market conditions, the Government's housing policy statement, published in June 2011, announced the standing down of all affordable housing schemes, including the shared ownership scheme, in the context of a full review of Part V of the Planning and Development Act 2000. That review is now underway and it is expected to conclude later in the year. Any future changes to legislation governing affordable housing schemes, including shared ownership, will be informed by that review.
362. Deputy Pearse Doherty asked the Minister for the Environment; Community and Local Government if he will set out in tabular form, the motor tax received in each of the years 2007 to date in 2012, in total and to break down the tax received by band. [41271/12]
View answerTotal gross motor tax receipts from 2006 to the end of August 2012 are set in a table.
A breakdown of the receipts by band for each year is being compiled and will be forwarded to the Deputy as soon as possible.
|
YEAR |
TOTAL GROSS MOTOR TAX RECEIPTS € |
|
2007 |
956,731,400 |
|
2008 |
1,058,605,132 |
|
2009 |
1,057,822,734 |
|
2010 |
1,023,823,935 |
|
2011 |
1,010,419,164 |
|
2012 (to 3 1 August 201 2)
|
737,432,820 |
363. Deputy Patrick Nulty asked the Minister for the Environment; Community and Local Government if he will include the duplication of the Tolka Valley 9C sewer system, Dublin, in the next water services investment programme in view of its key strategic importance in facilitating development of lands in north Blanchardstown, Dublin, that could generate more than 9,000 permanent jobs. [41342/12]
View answerThe Blanchardstown Sewerage Scheme, which comprises the duplication of the 9C Sewer, is included in my Department’s Water Services Investment Programme 2010 – 2013. Three advance contracts of the scheme are included to proceed to construction during the lifetime of the Programme, while the remainder of the scheme is at the planning stage.
The Mulhuddart Bridge Works Contract is currently at construction and sewer network Contracts Nos. 1 and 9 are expected to advance to construction during 2013. It is envisaged that further contracts will be advanced in due course.
364. Deputy Catherine Murphy asked the Minister for the Environment; Community and Local Government his plans to take a targeted approach to dealing with the housing waiting lists; if the areas with the largest lists will be treated differently in respect of the rental accommodation scheme; the work commenced in relation to the amalgamation of the service between local authorities and the Department of Social Protection's rent assistance scheme; the timeframe anticipated from commencement to completion of this process which will result in a one stop process; and if he will make a statement on the matter. [41358/12]
View answerIn terms of the delivery of social housing, the Government’s housing policy statement, published in June 2011, clearly identifies that the priority for Government will be to meet the most acute needs of households applying for social housing support. The Government is committed to responding more quickly and on a larger scale to social housing support needs through a variety of mechanisms, including through increased provision of social housing.
The Rental Accommodation Scheme is specifically targeted at households who are in receipt of Rent Supplement from the Department of Social Protection, generally for over 18 months, and who have been assessed as having a long-term housing need. An applicant must adhere to these qualifying conditions in order to be eligible for the Rental Accommodation Scheme.
Earlier this year the Government announced its decision in principle to support proposals to transfer responsibility for households in receipt of rent supplement, but with an established long-term social housing need, from the Department of Social Protection to the housing authorities. Housing authorities will provide this service using a new Housing Assistance Payment (HAP). The detail of the proposed transfer and any standards or criteria to be introduced are in the process of being developed and agreed through an established Steering Group, chaired by my Department, and a number of specific working groups.
The proposed reform of the rent supplement scheme constitutes a major development in the provision of housing services and will require careful planning and consultation with interested parties. I hope to be in a position to announce further details of the new arrangements before the end of the year. It is envisaged that the roll - out of HAP will commence in 2013.
365. Deputy Dessie Ellis asked the Minister for the Environment; Community and Local Government if his attention has been drawn to the promised funding for upgrade works at a location (details supplied); the amount he has given through internal capital receipts for this work; if he will provide an outline of the project including the works to be carried out; if houses bought from the council will be included; and the timeframe for completion of same. [41400/12]
View answer366. Deputy Dessie Ellis asked the Minister for the Environment; Community and Local Government if his attention has been drawn to the fire audit carried out at a location (details supplied); and the way the finding of the audit will affect plans for upgrade work to be carried out by the council. [41401/12]
View answerI propose to take Questions Nos. 365 and 366 together.
Following discussions between my Department and Bray Town Council, approval issued in July 2012 for a range of improvement and retrofitting works to houses in Oldcourt Estate. It was agreed that improvements works to the value of €1,000,000 would be undertaken by Bray Town Council and funded out of Internal Capital Receipts. It is a matter for the council to determine the nature and extent of the necessary works.
Under my Department’s Social Housing Investment Programme, local authorities are allocated funding each year in respect of a range of measures to improve the standard and overall quality of their social housing stock, including the regeneration of large social housing estates and flat complexes, estate-wide remedial works schemes, funding for extensions and adaptations to meet the needs of tenants with a disability etc. Funding is also provided by my Department for a programme of works aimed at improving the overall standard and energy efficiency of the housing stock.
Earlier this year I allocated a total of €654,000 to Wicklow County Council for spending on remedial and retrofitting works on a county-at-large basis. I allocated a further €250,000 for spending on necessary extensions and adaptations to houses. It is a matter for Wicklow County Council to apportion the approved funding between the various town councils. At a meeting with my Department on 26 September, representatives of both Wicklow County Council and Bray Town Council requested an additional allocation of €117,000 to fund certain retrofitting works undertaken at a number of houses in Oldcourt Estate. The request for additional funding is being considered in the context of any savings which might arise from an under-spend by any local authority of their 2012 allocations.
367. Deputy Michael Creed asked the Minister for the Environment; Community and Local Government if he will publish details of all allowances paid to staff in his Department; the business case made by his Department in respect of these allowances to the Department of Public Expenditure and Reform; the cost of each individual allowance; and if he will make a statement on the matter. [41412/12]
View answerThe information sought in the question in respect of staff in my Department is set out in a table. In general these allowances are common to many Government Departments and Offices.
|
Allowance |
Rate |
Comments |
No. of Beneficiaries on 31/12/11 |
|
Child Allowance |
€2.16 per week per child |
Payable to officers serving on 31 December 1978 in former marriage differentiated grades |
28 |
|
Franking Machine |
€34.29 per week PPC rate or €32.60 per week modified rate |
9 |
|
|
Paper Keeper Allowance |
€54.58 per week PPC or €51.84 per week modified rate |
3 |
|
|
Driving Allowance |
€52.21 per week PPC or €49.58 per week modified rate |
½ rate paid in Department as officer not on full time driving duties |
1 |
|
Duplicating Room Allowance |
€63.37 per week PPC or €54.36 per week modified rate |
2 |
|
|
Keyholders Allowance |
€33.91 per week PPC or €36.29 modified rate |
14 |
|
|
Office Accommodation Allowance |
€19.96 per week Rate A €12.77 per week Rate B |
12 |
|
|
Allowance Personal to Holder (APTH) – applicable to certain former Revenue staff only |
Rates vary dependant on grade, salary point etc. In 2011 payments ranged from €469 - €6,105. |
13 |
|
|
Switchboard allowance |
€34.29 per week (PPC) €32.60 per week (modified) |
1 |
|
|
Shift Allowance (Met Éireann) |
Paid at rates from 13% to 27% of salary |
168 |
|
|
Public Holiday Allowance (Met Éireann) |
Variable depending if staff rostered on/off on Public Holiday. Triple time to double time |
98 staff eligible |
|
|
Footwear Allowance |
€65 per annum |
21 |
|
|
Higher Duties Allowance |
Rates vary depending on grades, point on scale etc. |
6 |
|
|
Eating on site Allowance |
€1.90 per day |
2 |
|
|
Private Secretary to Secretary General |
€10,951 (PPC) per annum €10,405 (Modified) per annum |
Private secretaries appointed prior to January 31st 2012 may maintain a reduced rate allowance after they have finished these duties. |
1 |
|
Private Secretary to Minister or Minister of State |
€20,685.49 (PPC) per annum €19,652.47 (Modified) per annum |
Private secretaries appointed prior to January 31st 2012 may maintain a reduced rate allowance after they have finished these duties. |
3 current. 6 former. |
|
PCW 1% |
Is currently paid to a number of staff in the form of either a fixed allowance or as an upgrade to a higher scale. €8,727 paid in total to end September 2012. Amounts paid to individual officers vary. |
8 |
|
|
Station Manager Allowance (Met Éireann) |
€3,932 per annum |
2 |
|
|
Foreign Delegates Allowance |
€84,014 to date in 2012. |
Allowance abolished following D/PER review of allowances |
Variable |
|
Travel to work |
Individual amounts vary. To date the approx total cost of payments to all beneficiaries is €7,500. |
5 |
In addition to the above the Department also pays vouched expenses for dry cleaning costs of Services Officers’ uniforms subject to an agreed schedule of maximum number of claims. The uniforms themselves are provided through OPW at an approximate annual cost of €130 per Services Officer.
In addition to the allowances listed above there are a number of staff of my Department who are assigned to positions in the Permanent Representation in Brussels. These posts attract allowances payable in respect of foreign postings which are set by the Department of Foreign Affairs and Trade. These include Cost of Living Allowance, Local Post Allowance, Child Foreign Allowance and School Fees and are paid through the Department of Foreign Affairs and Trade payroll.
The business cases made by my Department to the Department of Public Expenditure and Reform as part of that Department’s review of allowances can be viewed on that Department’s website, under the heading ECLG - http://per.gov.ie/wp-content/uploads/ECLG-Business-Cases.pdf
The main expenditure on allowances in my Department is in respect of Met Éireann where shift allowance and public holiday allowances are paid on account of the 24/7, year round nature of operations. The other allowances in my Department are generally common to many Departments.
All allowances in my Department were subject to review by the Department of Public Expenditure and Reform as part of an overall review of allowances in the Public Sector. The outcome of this review was published on 18 September 2012.
368. Deputy Kevin Humphreys asked the Minister for the Environment; Community and Local Government the funding that can be provided to Dublin City Council for an assessment of needs or hydraulic study on the culverted Swan River, Dublin, which has caused multiple local floods in recent years, but which does not form part of the Eastern CFRAMS carried out by the Office of Public Works as it is culverted; if he considers the Swan River to be part of the Rathmines and Pembroke drainage scheme; and if he will make a statement on the matter. [41431/12]
View answerResponsibility for maintenance and remedial works on urban drainage infrastructure, lies with the relevant local authority, in the first instance.
However, the Rathmines and Pembroke Sewerage Scheme is included in my Department’s Water Services Investment Programme 2010 – 2013 as a scheme to advance through planning. While I understand that the Swan River lies within the catchment of this scheme, the submission of Dublin City Council’s Preliminary Report for the scheme is awaited in my Department and until this is received it is not possible to say what the extent of the proposals will be.
Urban storm water drainage systems fall outside of the remit of the Office of Public Works generally, although I understand there have been discussions previously between that Office and Dublin City Council in relation to the Swan river, in the context of OPW’s coordination role on flood risk management.
369. Deputy Pat Deering asked the Minister for the Environment; Community and Local Government when the sewage treatment plant at a location (details supplied) in County Carlow will be upgraded. [41471/12]
View answer370. Deputy Pat Deering asked the Minister for the Environment; Community and Local Government when will the sewage treatment plant at a location (details supplied) in County Carlow will be upgraded. [41472/12]
View answerI propose to take Questions Nos. 369 and 370 together.
The contracts for Hacketstown Wastewater Treatment Plant and the Rathvilly Wastewater Treatment Plant are part of the Tullow/Rathvilly/Hacketstown Sewerage Scheme and are included in my Department’s Water Services Investment Programme 2010 – 2013 as contracts to start in the lifetime of the Programme.
My Department has recently approved Carlow County Council’s proposals for advance interim works on both treatment plants to address the existing needs of the villages and to meet the conditions of the EPA Discharge Licence.
In the case of the Hacketstown plant, the proposal involves upgrading the existing plant from its current design capacity of 600 population equivalent to 1,315 population equivalent . In the case of the Rathvilly plant, the proposal involves upgrading the existing plant from its current design capacity of 600 population equivalent to 1,400 population equivalent. It is anticipated that, following a tender procedure, work on the contracts will commence during 2013.
371. Deputy Pearse Doherty asked the Minister for the Environment; Community and Local Government if he will provide the number of households on local authority waiting lists by year from 1992 to 2011. [41533/12]
View answerMy Department does not hold information on the number of households on local authorities’ waiting lists. This figure continuously fluctuates as households are allocated housing and new households apply for housing support. Detailed information on the latest statutory assessment of housing need, carried out in March 2011 and including a breakdown by housing authority, is available on my Department’s website – www.environ.ie or on the Housing Agency’s website at www.housing.ie.
372. Deputy Pearse Doherty asked the Minister for the Environment; Community and Local Government if he will provide the number of people who were homeless on an annual basis from 1992 to 2011. [41534/12]
View answerHistorically, there has been considerable difficulty in quantifying the numbers of persons homeless at any given time and this is in part a consequence of the volatility within this cohort of housing need. For that reason annualised data sets for the period 1992 to 2007 inclusive are not available.
However, the Housing Agency’s Housing Needs Assessment 2008 and 2011 reports break down the categories of housing need, including in respect of homelessness, for all 88 housing authorities nationwide. These are available on my Department’s website at www.environ.ie.
This statutory assessment of housing need, carried out every three years by all housing authorities, only counts homeless persons where an application has been made to a housing authority.
The extent of homelessness in the Dublin region, where numbers are most pronounced, was reviewed and updated using the now fully operational Pathway Accommodation & Support System (PASS) and crosschecked against each of the Dublin local authorities’ housing management data systems to give an accurate figure of the known homeless population in Dublin. Following extensive cross checking and quality control to remove duplications and ensure accuracy of all data entries, the confirmed extent of homelessness in the Dublin region as at September 2011 was 1,891 persons. PASS, which commenced operation in the Dublin region in 2011, is being extended nationally on a phased basis with work currently underway in other regions. The PASS system will in future provide good quality, timely, data on homelessness nationally as an evidence base for all homelessness services.
On 6 September 2012, the CSO published its special Census report, Homeless Persons in Ireland and it indicated that 3,808 persons were either sleeping rough or in accommodation designated for the homeless on the night of 10 April 2011. The rough sleeper count was 64, with 59 of those people located in Dublin. It is not tolerable that anyone should sleep on the streets but it is important that the homeless figures released are not confused with the number of people sleeping rough. The vast majority of people classified in the CSO's report as homeless are in long-term or emergency accommodation.
373. Deputy Éamon Ó Cuív asked the Minister for the Environment; Community and Local Government if he has provided assistance to Limerick regeneration conditional on local community participation by community representatives that live in the area due for regeneration and elected by the communities themselves; and if he will make a statement on the matter. [41584/12]
View answerMy Department currently supports an ambitious programme of regeneration in Limerick with projects that seek to deliver social, economic and physical regeneration with a strong community involvement in the process. Regeneration seeks to rebuild damaged communities by improving not just the physical environment in which people live but also by investing in the social and economic life of the areas. This holistic, multi-agency approach ensures that regeneration is sustainable, beyond just the initial construction phases, and generates long-term advantages. The Regeneration Process in Limerick seeks to reinvigorate and revitalise communities that have witnessed considerable neglect and breakdown over decades by acting as a catalyst for more integrated, responsive and effective public service provision and enhanced resident participation in matters that affect them. Over the past five years, a robust framework has been put in place to facilitate consultation with stakeholder groups including householders, residents’ associations, community organisations etc. on wide-ranging issues relating to the development and implementation of social and physical regeneration strategies.
Supporting Social Inclusion and Regeneration in Limerick (SSIRL) is a collaborative programme of investment in support of social objectives which aims to strengthen social inclusion practice, introduce best practice to improve the quality and impact of services and to facilitate and enable all citizens to participate in and drive regeneration and revitalisation across the city. It is co-funded by Government Departments/State Agencies, Atlantic Philanthropies and the University of Limerick. My Department will be working closely with all concerned to deliver this innovative project in Limerick. The outcome of the project will inform policy in relation to, inter alia, the most appropriate consultative arrangements to ensure the successful implementation of regeneration in Limerick.
374. Deputy Simon Harris asked the Minister for the Environment; Community and Local Government his plans to introduce legislation to deal with nuisance noise and noise pollution; and if he will make a statement on the matter. [41680/12]
View answerCurrently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.
A public information leaflet A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department’s website www.environ.ie.
The Programme for Government includes a commitment to take further steps to address noise pollution, inter alia, through the introduction of fixed payment notices (also known as on-the-spot fines) and provision for mediation procedures between neighbours. The development of new noise legislation by my Department will be considered in the context of this commitment; however, as indicated in the Government Legislation Programme published on the 18 September 2012, it is not possible at this time to indicate when the legislation will be published, having regard to other priorities in the area concerned and the broader range of legislative priorities to be progressed across my Department’s remit.
