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Tuesday, 9 Oct 2012

Written Answers Nos. 398-417

Non-Principal Private Residence Charge Collection

Questions (398)

Terence Flanagan

Question:

398. Deputy Terence Flanagan asked the Minister for the Environment; Community and Local Government if the non-principal private residence charge will increase; and if he will make a statement on the matter. [42791/12]

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Written answers

The Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties. There are currently no plans to amend the legislation governing the level at which this charge is set.

An independently-chaired interdepartmental expert group was established to consider the structures and modalities for an equitable local property tax to replace the household charge.

The group recently submitted its report to me and proposals will be brought to Government as soon as possible. It will then be a matter for the Government to decide on the exact details of implementation, taking into account the modalities involved, including what decisions might be taken in respect of the NPPR charge. The Government has decided that the local property tax will be collected and administered by the Revenue Commissioners.

Water Services Provision

Questions (399)

Robert Troy

Question:

399. Deputy Robert Troy asked the Minister for the Environment; Community and Local Government if he will allocate the necessary funding for the replacement of 5km of old water mains piping on the Clara Road, Kilbeggan, County Westmeath in the interest of public safety in view of the fact that these are asbestos pipes which are regularly leaking. [42798/12]

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Written answers

Water conservation contracts to the value of €10.2 million are included in my Department’s Water Services Investment Programme 2010 – 2013 for works in County Westmeath.

The council has recently submitted a request for approval for advance works at Clara Road, Kilbeggan, under the county’s Water Conservation Stage 3 – Mains Rehabilitation Strategy, and this submission is currently under examination by my Department.

Asbestos cement piping formerly used in local authority water mains was required to meet the specifications defined in Irish Standard 188 to include bitumen lining and coating. The main health risk associated with asbestos products relates to inhalation of airborne asbestos particles. The potential exposure to such risk has led to a decline in the use of asbestos materials generally. With the availability of more robust materials, asbestos cement piping is no longer used in Ireland for new public water mains or sewer pipes.

The World Health Organisation's position on asbestos in drinking water is that there is no consistent evidence that ingested asbestos is hazardous to health and that there is no need to establish a health-based guideline value for asbestos in drinking water.

Property Taxation Exemptions

Questions (400)

Michael Healy-Rae

Question:

400. Deputy Michael Healy-Rae asked the Minister for the Environment; Community and Local Government his plans regarding property tax; if he will make a special allowance for persons who purchased property during the height of the boom at exorbitant prices who now face negative equity, and who also paid very large sums of stamp duty at that time; if special consideration will be given to these cases; and if he will make a statement on the matter. [42866/12]

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Written answers

An independently-chaired interdepartmental expert group was established to consider the structures and modalities for an equitable local property tax to replace the household charge.

The group recently submitted its report to me and proposals will be brought to Government as soon as possible. It will then be a matter for the Government to decide on the exact details of implementation, taking into account the modalities involved, including what exemptions might apply. The Government has decided that the local property tax will be collected and administered by the Revenue Commissioners.

Nitrates Action Programme Review

Questions (401, 402)

Dan Neville

Question:

401. Deputy Dan Neville asked the Minister for the Environment; Community and Local Government if he will consider abolishing the deadline for the spreading of slurry for this year due to the abnormal level of rainfall seen in most parts of Ireland over the past few months; if he has accepted that in a year like this that calendar farming is not appropriate; if he agrees with the points that many farmers are making that it is the prevailing conditions of the ground not dates on the calendar that should determine when farmers can spread slurry. [42939/12]

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Martin Ferris

Question:

402. Deputy Martin Ferris asked the Minister for the Environment; Community and Local Government if he will consider a further extension beyond the end of October for the spreading of slurry. [43174/12]

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Written answers

I propose to take Questions Nos. 401 and 402 together.

In September 2012 I announced extensions to the periods for the application of chemical fertiliser and organic manures produced on farms, in direct response to the challenges farmers were facing as a result of the very difficult weather conditions this summer.   I moved quickly to give certainty to farmers in advance of the deadlines.

However, set closed periods for the spreading of fertilisers, including slurry, are a requirement of the Nitrates Directive and mandatory in every member state. The purpose of closed periods is to protect ground and surface water bodies, including drinking water sources, by prohibiting the application of fertilisers when such application poses an unacceptable risk to water courses.

The closed periods in Ireland were decided following an extensive consultation and were discussed with farming bodies and the European Commission at the time.

Good agricultural practice involves the application of fertilisers as early as practicable in the growing season in order to maximise the uptake of nutrients by crops and to minimise pollution risks to water. The application of fertilisers in the months of November and December is not considered good farming practice and this has been the case long before the nitrates regulations came into force in Ireland.

Planning Issues

Questions (403)

Seán Ó Fearghaíl

Question:

403. Deputy Seán Ó Fearghaíl asked the Minister for the Environment; Community and Local Government his views on whether it is acceptable or if it is good practice, for a local authority to routinely refuse to meet with applicants, or their agents, or to have discussions with applicants, or their agents, in circumstances where a further information request has issue on a planning file; and if he will make a statement on the matter. [42616/12]

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Written answers

Planning legislation provides that a request for further information in relation to a planning application may be made, within 8 weeks of the receipt of the application. The Department’s Development Management Guidelines (June 2007), however, recommend the use of pre-application consultation to obviate the need to seek further information at a later stage. The Guidelines also state that a request for further information should clearly indicate all the information required, should only be made where it is necessary for the determination of the application, and may not be used to seek changes to aspects of the proposed development. Requests for further information on one aspect of a proposal should not be sought where there is a fundamental objection to the proposed development on other grounds.

The Guidelines do not refer to the planning authorities meeting with planning applicants following the issuing of further information requests. It is a matter for the planning authority concerned, in relation to a request for a meeting to discuss a further information request, to decide whether it is appropriate or necessary to accede to such request, or whether it is feasible to do so having regard to available resources and the time-limits for deciding the application.

Rent Supplement Scheme Applications

Questions (404)

Catherine Murphy

Question:

404. Deputy Catherine Murphy asked the Minister for the Environment; Community and Local Government if it was an intended consequence that some housing applicants had to remove themselves from a housing waiting list and reapply to another housing authority in order to qualify for rent assistance; if his attention has been drawn to the fact that the application may be refused because they cannot demonstrate a connection to the area; if his attention has been drawn to the fact that this can substantially delay the application process during which rent assistance is not paid; if his further attention has been drawn to the fact that the various schemes of letting priorities weight length of time on the waiting list favourably and new applicants must start again; if he is considering any amendment to legislation or guidance to local authorities; and if he will make a statement on the matter. [42686/12]

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Written answers

The operation of the rent supplement scheme is entirely a matter for my colleague the Minister for Social Protection.

Section 20 of the Housing (Miscellaneous Provisions) Act, 2009 dealing with social housing support, and the related Social Housing Assessment Regulations, 2011, were commenced on 1 April 2011. These provide a standard procedure for assessing applicants for social housing.

A household may apply to the housing authority for the functional area – where it normally resides – this would include a household residing in rented accommodation, or where it has a local connection.

The Regulations require a housing authority, in determining if a household has a local connection, to have regard to whether a household member: -

- lived in the area for a continuous 5 year period at any time in the past;

- is employed in the area or within 15 km of the area;

- is in full-time education, or attending specialist medical care in the area;

- has a relative (defined in the Regulations) living in the area for 2 years or longer.

A household meeting either the residence or local connection criterion may specify up to three areas of choice in any housing authority in the county (including city) concerned. At least one of these choices must be in the functional area of the housing authority of application. Qualified households will appear on the waiting lists of each of the housing authorities in respect of which they have expressed areas of choice.

A housing authority may also decide at its discretion to consider an application for social housing support from a household that does not meet these residence or local connection criteria. In such a case, the household may express areas of choice within the functional area of that authority only.

Under Section 22 of the Housing (Miscellaneous Provisions) Act 2009 all housing authorities are required to make an allocation scheme (in place of a scheme of letting priorities). The making and amendment of such an allocation scheme for social housing is a reserved function of the elected members of each housing authority. The Social Housing Allocation Regulations 2011, which commenced on 1 May 2011, set out the conditions that housing authorities must take into account when making their allocation schemes. Guidance on the making of allocation schemes and the terms of the legislation has issued both from my Department and the Housing Agency. This guidance is updated regularly and is available on the Housing Agency’s website www.housing.ie.

Water Services Provision

Questions (405)

Marcella Corcoran Kennedy

Question:

405. Deputy Marcella Corcoran Kennedy asked the Minister for the Environment; Community and Local Government the plans Irish Water has to advance a project (details supplied); and if he will make a statement on the matter. [42693/12]

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Written answers

The Dublin Water Supply Scheme (Long Term Water Source) is included as a scheme to advance through planning under my Department’s Water Services Investment Programme 2010 - 2013.

Consultants working for Dublin City Council have examined the feasibility of taking water from the River Shannon as a means of providing long-term security of supply in the Dublin region. A Preliminary Report, which addresses this matter and outlines the options examined for source development, the type of treatment to be provided and how the water could be delivered and distributed, has been completed. I understand that the City Council intends to appoint a consultant in the near future to advance the planning of this scheme, including progressing statutory procedures, such as Environmental Impact Assessment, Water Abstraction Order and planning consent.

Water Services Provision

Questions (406, 407)

Caoimhghín Ó Caoláin

Question:

406. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment; Community and Local Government the role local authorities will play in Irish Water and the management of water services; the way capital investment will be prioritised; if it will be linked to regional and local development plans; and if he will make a statement on the matter. [42707/12]

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Caoimhghín Ó Caoláin

Question:

407. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment; Community and Local Government the priority that will be given to larger water schemes under the new Irish Water; what will happen to rural and smaller water schemes; and if he will make a statement on the matter. [42708/12]

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Written answers

I propose to take Questions Nos. 406 and 407 together.

The Government decided in December 2011, based on the recommendations of an independent assessment and in line with the commitment in the Programme for Government, to establish a public water utility company, Irish Water, to take over the operational and capital delivery functions of local authorities in the water services area.

Following further analysis by my Department together with NewERA, the Government decided that Irish Water should be established as an independent State owned subsidiary within the Bord Gáis Éireann Group.

It is proposed that Irish Water will be the Water Services Authority and single point of contact for customers, and would, therefore, be statutorily responsible for both investing in, and operating, water services infrastructure in its role as a provider of drinking water and wastewater services to household, commercial and industrial customers in Ireland (not served by private group water schemes). Irish Water will take account of the Local Development Plans and Regional Planning Guidelines in assessing its investment priorities.

A phased transition is proposed to ensure continuity of service and the building of a fit for purpose organisation within a reasonable timescale, and it is also proposed that Irish Water will maintain a strong regional and local focus for operational delivery.

In the initial phase (following the enacting of primary legislation in 2013), Irish Water will work largely through service level agreements with local authorities, and these arrangements will not end until 2017 at the earliest. The skills within the Bord Gáis Group will be paired with the experience and commitment to service in local authorities and the specific water and wastewater capabilities and expertise that exist in local government to build the new organisation and ensure its successful establishment and operation.

Work is now focused on the finalisation of an implementation strategy which will address transformation planning in more detail. This strategy will provide the platform for dealing with a broad range of implementation issues during the transitional phase, including dealing with matters which cross the boundaries between Irish Water functions in relation to water services and those functions which will remain the responsibility of local authorities.

Water and Sewerage Schemes Status

Questions (408)

Caoimhghín Ó Caoláin

Question:

408. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment; Community and Local Government the progress being made to date with the approval of the upgrade of a water programme (details supplied); and if he will make a statement on the matter. [42709/12]

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Written answers

The Cavan Sewerage , Wastewater Treatment Plant Upgrade Contract is included in my Department’s Water Services Investment Programme 2010 – 2013 as a contract to start in the programme period.

The Preliminary Report for the Cavan Sewerage Scheme is currently under examination in my Department and a decision will be made as soon as possible.

Water Services Provision

Questions (409, 410)

Caoimhghín Ó Caoláin

Question:

409. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment; Community and Local Government if a fund will be available within Irish Water for rural water schemes; if funding will be maintained for rural water schemes; and if he will make a statement on the matter. [42710/12]

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Caoimhghín Ó Caoláin

Question:

410. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment; Community and Local Government the way group water schemes will link in with the new Irish Water body in view of the relationships that these schemes have with local authorities; and if he will make a statement on the matter. [42711/12]

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Written answers

I propose to take Questions Nos. 409 and 410 together.

As part of the proposed water sector reforms, it is envisaged that Irish Water would, following the eventual transfer of the relevant functions from local authorities, be responsible for the bulk provision of water to group water schemes supplied from a public supply.

The future approaches to the supervision of the group water sector and funding in relation to both capital and operational subsidies will be determined by my Department in due course, in consultation with the National Federation of Group Water Schemes, taking account of the needs of the sector and the developments on the funding of public water schemes.

Departmental Funding

Questions (411)

Caoimhghín Ó Caoláin

Question:

411. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment; Community and Local Government the amount of money that has been sent back to central funds by local authorities due to the inability of these authorities to match funding on a county basis for each of the past five years providing the most recent figure; and if he will make a statement on the matter. [42712/12]

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Written answers

It is a matter for each local authority to manage the operation of schemes in their areas from within the grant allocations provided.

Allocations to local authorities are monitored and reviewed on an on-going basis.  My Department monitors expenditure under all schemes and any savings resulting from an under-spend by local authorities are, where possible, made available for re-allocation to authorities whose allocations have been fully committed or spent.  I am not aware of any recoupment to central funds from allocations that have not been taken up due to difficulties that individual local authorities may have had in raising matching funds.

Security of the Elderly

Questions (412)

Michael McCarthy

Question:

412. Deputy Michael McCarthy asked the Minister for the Environment; Community and Local Government when grant aid for a panic button will issue to a person (details supplied) in County Cork; the reason for the delay in processing this application; and if he will make a statement on the matter. [42728/12]

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Written answers

The Seniors Alert Scheme supports qualifying older people, aged 65 and older, by providing funding towards monitored personal alarms and other items of security and safety equipment. Applications are made through the applicant’s local community or voluntary group. An application was received on 5 October 2012 on behalf of the person referred to in the question.

However, the application was not completed correctly. It will be processed as soon as necessary clarification has been received from the relevant local group.

Housing Adaptation Grant Applications

Questions (413)

Denis Naughten

Question:

413. Deputy Denis Naughten asked the Minister for the Environment; Community and Local Government if his attention has been drawn to the funding crisis facing Roscommon County Council under the mobility aids grant scheme, the housing adaptation grant for people with a disability scheme and housing aid for older people scheme; if he will outline the number of persons awaiting approval under each scheme and the steps he is taking to address the backlog; and if he will make a statement on the matter. [42748/12]

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Written answers

My Department’s involvement with the Housing Adaptation Grant Schemes for Older People and People with a Disability relates primarily to the recoupment of a proportion of local authority expenditure on the payment of individual grants. The grant schemes, introduced in November 2007, are funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. It is a matter for each local authority to determine how the funding is apportioned between the various grant measures and to manage the operation of the schemes in their areas from within their allocation.

On 28 February 2012, my Department notified Roscommon County Council of an Exchequer allocation of €807,401 under the grant schemes for 2012. To date some €680,056.56 of this has been drawn down by the Council, facilitating the payment of 131 grants.

All of the available funding under the grant measures has been allocated. Any request for additional funding will be considered in the context of savings which might arise from an under-spend by local authorities of their 2012 allocations . So far, no request for additional funding has been received from Roscommon County Council.

Supported Residential Accommodation Provision

Questions (414)

Dessie Ellis

Question:

414. Deputy Dessie Ellis asked the Minister for the Environment; Community and Local Government the number of long term supported residential accommodation units that have been opened since he took office; and his plans for further works. [42803/12]

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Written answers

Under my Department’s Capital Assistance Scheme (CAS) funding is provided to Approved Housing Bodies, through the local authorities, for the provision of accommodation for persons with specific categories of housing need, including older persons, persons with a disability or homeless persons. In 2011 capital funding totalling some €38.44m was provided under the CAS to assist with the construction and acquisition of properties. In July I announced details of a €35 million programme of special needs housing provision which is intended to deliver some 377 housing units at 55 locations across the country. A total of €50m is available under the CAS in 2012.

Given that in any one year funding is recouped in respect of projects which are at various stages in the project lifecycle, including projects at construction or those being advanced through the planning and design stages, it is not possible to indicate the actual number which have been completed or opened during the time period specified . However, over the course of 2011 a total of 587 CAS funded units were completed.

Homelessness Strategy

Questions (415)

Dessie Ellis

Question:

415. Deputy Dessie Ellis asked the Minister for the Environment; Community and Local Government the work he is undertaking to implement the housing first model here; his plans to adapt the original model to the Irish context and if he will give details of any research his Department or others have undertaken to ascertain its effectiveness. [42804/12]

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Written answers

The Programme for Government committed to reviewing the homeless strategy, The Way Home: A Strategy to Address Adult Homelessness in Ireland 2008-2013 and to implementing a housing led approach to homelessness. Work on the review is almost complete and I intend to issue a policy statement on homelessness shortly. That statement will take account of demands on existing housing and will assess how best to continue providing services in a manner consistent with the elimination of existing homelessness and to ensure more effective prevention strategies. In formulating the statement, research being undertaken on behalf of the Simon Communities of Ireland on housing led, including housing first, approaches in Ireland will be considered as well as other research and developments in the homelessness arena. On its conclusion, I will be indicating what I expect from housing authorities and other stakeholders in accelerating progress towards realising the ambition of eliminating involuntary long-term homelessness.

Property Taxation Exemptions

Questions (416)

Dominic Hannigan

Question:

416. Deputy Dominic Hannigan asked the Minister for the Environment; Community and Local Government his plans to exempt homes that have confirmed pyrite from the property tax; and if he will make a statement on the matter. [42829/12]

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Written answers

I have recently published the report of the independent Pyrite Panel. The Pyrite Report recommends that consideration be given to providing an exemption from the proposed property tax, for a set period, for dwellings where damage from pyritic heave has been proved by testing. While the Government will have regard to this recommendation as appropriate in the context of the proposed local property tax legislation, no decisions have been made as yet on the details of the tax , including what exemptions might apply.

Pyrite Panel Report Implementation

Questions (417)

Dominic Hannigan

Question:

417. Deputy Dominic Hannigan asked the Minister for the Environment; Community and Local Government the action he will take if the stakeholders involved in the discussions over the pyrite panel report fail to propose a solution; and if he will make a statement on the matter. [42844/12]

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Written answers

Following receipt of the pyrite report at the end of June 2012, I met with the key stakeholders, the Construction Industry Federation, Irish Concrete Federation, HomeBond, Irish Insurance Federation and the Irish Banking Federation, with a view to securing a voluntary industry led solution for homeowners. I asked the stakeholders to give urgent consideration to the relevant recommendations in the report and come back to me with their proposals by the end of September. I received responses from all of the stakeholders last week and the responses are currently being evaluated.

I have previously made clear that in the absence of workable solutions from the stakeholders, I will consider an imposed solution along the lines recommended in the pyrite report with regard to the establishment of a resolution board which could be funded by a levy placed on the construction-quarrying and related insurance sectors.

Following careful consideration of the responses from the stakeholders and reflecting on the recommendations in the pyrite report dealing with solutions for homeowners, I will bring proposals to Government as soon as possible to provide for a solution to the pyrite problem.

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