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Tuesday, 16 Oct 2012

Written Answers Nos. 419-442

Departmental Correspondence

Questions (420)

Thomas P. Broughan

Question:

420. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will indicate the response time for citizens who have contacted the dedicated email facility for pyrite affected homeowners; and if he will make a statement on the matter. [44532/12]

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Written answers

Under the terms of my Department’s Customer Charter there is a commitment to respond to letter and email correspondence within fifteen working days. My Department endeavours to meet this deadline having regard to other competing demands on resources. A complaint service is in place and anyone who is dissatisfied with the service received can contact the Quality Customer Service Officer for the Department who will deal with the complaint within ten working days. The Quality Customer Service Officer can be contacted @ qcsooicer@environ.ie. My Department also put in place a dedicated helpline from mid-July to late August 2012 to assist homeowners with any queries in relation to pyrite.

Questions Nos. 421 and 422 answered with Question No. 409.

Pyrite Remediation Programme Issues

Questions (423)

Thomas P. Broughan

Question:

423. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the position regarding pyrite affected affordable homes in terms of remediation costs; and if he will make a statement on the matter. [44535/12]

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Written answers

Homes purchased under the Affordable Homes scheme are considered private dwellings and will be dealt with in the same manner as any other private dwelling in relation to pyrite problems.

Property Taxation Exemptions

Questions (424)

Peter Mathews

Question:

424. Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) in respect of the proposed property charge; and if he will make a statement on the matter. [44576/12]

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Written answers

An independently-chaired Inter-Departmental Expert Group was established to consider the structures and modalities for an equitable local property tax to replace the household charge.

The Group 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.

Rural Development Programme Funding

Questions (425)

Dara Calleary

Question:

425. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government when a community organisation (details supplied) in County Mayo, can expect their LEADER grant application to be processed; the reason for the delay in the processing this application; and if he will make a statement on the matter. [44586/12]

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Written answers

My Department is responsible for ensuring that funding provided through the LEADER elements of the Rural Development Programme (RDP) is delivered in an efficient and effective way. Systems within the Department involve the checking of projects to ensure that the claimed expenditure is verifiably correct. The claim for reimbursement for the project detailed in the question was selected for inspection by the Inspection Services Division (ISD) of my Department .  There were several findings arising from the inspection and it has taken some time to address these findings. However, I can confirm that all findings have now be en addressed and payment will issue very shortly.

Question No. 426 answered with Question No. 406.

Rural Development Programme Funding

Questions (427)

Michelle Mulherin

Question:

427. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding a grant application to Mayo North East LEADER Partnership Company Teoranta by an organisation (details supplied) in County Mayo; and when will a payment be made. [44594/12]

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Written answers

Mayo North East Leader Partnership (MNELP) is the Local Action Group contracted by my Department to deliver both the Rural Development Programme (RDP) and the Local Community Development Programme (LCDP) to the North Mayo area.

On foot of correspondence I received in 2011 regarding a possible governance issue at Mayo North East LEADER Partnership Company, I directed my Department to investigate the matter. This investigation is complex and ongoing and pending its completion the authority for MNELP to approve projects under the LEADER element of the Rural Development Programme was suspended in early March 2012. MNELP, accordingly, is not in a position to make a final decision regarding the application in question while the suspension is in place. A decision on the application will be made as soon as possible following completion of the investigation.

Rural Development Programme Funding

Questions (428)

Michelle Mulherin

Question:

428. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding a grant application to Mayo North East LEADER Partnership Company Teoranta by an organisation (details supplied) in County Mayo; and when will a payment be made. [44595/12]

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Written answers

My Department is responsible for ensuring that funding provided through the LEADER elements of the Rural Development Programme (RDP) is delivered in an efficient and effective way. Systems within the Department involve the checking of projects to ensure that the claimed expenditure is verifiably correct. The claim for reimbursement for the project detailed in the question was selected for inspection by the Inspection Services Division (ISD) of my Department.  There were several findings arising from the inspection and as a result of these findings the expenditure was deemed ineligible.

Foxford Development Association subsequently requested a review of this decision in line with the processes currently in place in the Department. This review was conducted in September 2012 and on 10 October 2012 ISD issued a findings letter to Foxford Development Association upholding the original decision and restating its belief that the expenditure included in the claim for payment was ineligible under the rules of the Rural Development Programme.

My Department has a fully operational appeals mechanism and Foxford Development Association have been notified that it is open to them to appeal the review decision within one month of the date of the review notification.

Priory Hall Development

Questions (429, 445)

Finian McGrath

Question:

429. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will provide an update on the assistance given to the residents of Priory Hall, Dublin; and if he will make a statement on the matter. [44597/12]

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Terence Flanagan

Question:

445. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will provide an update as to when he expects the resolution process for the Priory Hall residents to conclude; and if he will make a statement on the matter. [44866/12]

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Written answers

I propose to take Questions Nos. 429 and 445 together.

I understand that the resolution process , which is seeking to identify a way forward in relation to the complex problems at Priory Hall , remains on going between the relevant parties under the chairmanship of Justice Finnegan. The resolution process arose in the context of the adjournment of an appeal brought by Dublin City Council against an order by the High Court to pay the costs associated with providing alternative accommodation for the residents of Priory Hall. My Department understand s that the appeal to the Supreme Court is due for mention on 18 October 2012.

Given that the matter is before the courts, it would be inappropriate for me to comment further other than to continue to urge all concerned to afford Justice Finnegan the opportunity to complete the task which he is undertaking.

Planning Issues

Questions (430)

Patrick Nulty

Question:

430. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No.1066 of 18 September 2012, if he will consider instigating a process whereby such information will be collected and collated by his Department on both a retrospective basis and into the future; if not, the reason for same; and if he will make a statement on the matter. [44608/12]

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Written answers

While data on the number of refusals made under section 35 of the Planning and Development (Amendment) Act 2010 are not included in my Department’s range of published statistics, consideration will be given to this in the context of next year’s planning statistics collation process. I do not propose retrospectively to collate such data given the significant additional administrative burden this would place on local authorities at a time when their staffing and other resources are reduced.

Waste Management Regulations

Questions (431)

Eamonn Maloney

Question:

431. Deputy Eamonn Maloney asked the Minister for the Environment, Community and Local Government his views on the need to introduce legislation for trade in second hand tyres in view of the fact that some companies may operate without paying rates or VAT, have no waste management policy, operate on cash sales and often sell products that are not certified and are often of questionable quality. [44614/12]

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Written answers

The regulation of the trade in tyres for use on the road is a matter for my colleague the Minister for Transport, Tourism and Sport, while matters relating to competition are a matter for the Minister for Jobs, Enterprise and Innovation. The management of waste tyres is governed by the Waste Management (Tyres and Waste Tyres) Regulations 2007 and is the subject of enforcement by the local authorities. The application of the producer responsibility model to the tyre sector in respect of the management of waste tyres is currently the subject of a review of producer responsibility schemes currently underway and expected to conclude early next year.

Library Projects

Questions (432)

Robert Troy

Question:

432. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government if he will consider an application by Longford County Council for the provision of a library and the refurbishment of the town hall as a matter of urgency; and if he will make a statement on the matter. [44719/12]

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Written answers

My Department provides capital funding towards the provision and refurbishment of new and existing public libraries. In this regard, in 2008 my Department requested library authorities to provide details of priorities for library development within its area.

In its response, Longford County Council ranked Ballymahon branch library as its main priority, followed by projects at Granard and Edgeworthstown and the provision of a library delivery vehicle.

Grant aid of €900,000 was approved and drawn down in respect of the Ballymahon project with the final payment being made in October, 2011. In addition, my Department provided €80,000 for the purchase and fit out of a library vehicle in 2010. My Department’s allocation for 2012 of €5m for Library Capital projects is fully committed to ongoing Library projects.

Homeless Persons Numbers

Questions (433)

Terence Flanagan

Question:

433. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his strategy to move homeless persons in the Dublin City Council area into voluntary organisations' housing rather than using private accommodation; if he will outline the cost savings to be made by this strategy; and if he will make a statement on the matter. [44726/12]

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Written answers

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with the housing authorities and the implementation of the homeless strategy at local and regional level is being carried out through the framework of statutory homelessness action plans adopted by housing authorities.

Government policy envisages a move away from the traditional bed and breakfast accommodation with the emphasis on housing authorities adopting a housing led approach. This will reduce the amount of time spent in homeless services, in particular bed and breakfast accommodation, eliminate the need to sleep rough and place prevention at the forefront of the delivery of services.

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. 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.

Local Authority Funding

Questions (434)

Billy Timmins

Question:

434. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding his Department's accessibility funding which was provided to local authorities but has ceased since 2010 in view of the fact that this was used to provide vital improvements in accessibility; his plans to reinstall this payment as local authorities are not now in a position to provide funding for such works; and if he will make a statement on the matter. [44732/12]

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Written answers

In accordance with my Department’s Sectoral Plan, under the Disability Act 2005, all local authorities were required to carry out an accessibility audit in respect of all public spaces, public buildings and services owned and operated by them. Local authorities were then required to draw up implementation plans setting out a programme of works to address any issues identified through the audit process.

In 2005 the multi-annual Disability Services programme to assist delivery of the National Disability Strategy by the Department, local authorities and bodies under the Department’s aegis was commenced. The multi-annual programme was completed in 2009 with one year’s extra funding provided by the Department in 2010.

In total my Department provided over €77 million, between 2005 and 2010, to assist local authorities in improving access to public spaces, buildings and services for people with disabilities. Funding was allocated annually, for purposes of Disability Services, to local authorities, on the basis of priority areas identified by them in implementation plans. The programme has now ceased and there are no plans for a further scheme.

Election Management System

Questions (435)

Dara Murphy

Question:

435. Deputy Dara Murphy asked the Minister for the Environment, Community and Local Government if he will be requesting returning officers to enforce his recommendations that returning officers employ persons from the live register or at least open up the employment process; and if he will make a statement on the matter. [44749/12]

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Written answers

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.

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.

In addition, at my request, my Department wrote to each Returning Officer on 4 October 2012, advising that, wherever practicable, the opportunity should be taken to employ unemployed persons at polling stations and in carrying out the subsequent counting of votes at elections and referendums so as to provide opportunity for work experience to unemployed persons. I believe that this should apply particularly in relation to the Polling Clerk position, where the responsibilities of the post can be fulfilled under the guidance of the Presiding Officer. Following the referendum on 10 November 2012, my Department will be writing to Returning Officers to ascertain the extent to which unemployed persons were engaged on that occasion and with a view to working with Returning Officers to address issues arising.

Voluntary Housing Sector Issues

Questions (436)

Brendan Griffin

Question:

436. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if a project (details supplied) in County Kerry will be successful in its application; and if he will make a statement on the matter. [44777/12]

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Written answers

This project was submitted to my Department for funding approval by Kerry County Council in response to a call for proposals for new voluntary housing projects which issued to Local Authorities on 7 June 2012. Voluntary housing projects to the value of €34.5 million were approved under the call, including one project in County Kerry costing an estimated €1.017 million.

Having regard to the large number of applications received and the limited funding available, it was not possible to approve the Rathmore project at this time.

Building Regulations

Questions (437)

Arthur Spring

Question:

437. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 51 of 3 May 2012, if he will provide an update on the appointment of the Chairperson and the nomination of the majority of non-architect members to the Professional Conduct Committee in line with Section 23 of the Building Control Act 2007; and if he will make a statement on the matter. [44779/12]

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Written answers

An Order is being finalised within my Department to confirm the appointment of the Chairperson to the Professional Conduct Committee in line with Section 23 of the Building Control Act 2007. The nomination process in respect of the six non-architect members to the registration body is also nearing completion. I expect these matters to be finalised shortly.

Fire Service Issues

Questions (438)

Tom Fleming

Question:

438. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the position regarding fire charges whereby the fire brigade is called out by someone other than the property owner and the property owner subsequently ends up being billed for the call out; and if he will make a statement on the matter. [44782/12]

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Written answers

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981 and 2003. My Department supports the local fire authorities through setting of general policy, the provision of centralised training support and issue of guidance on operational and other related matters, and the provision of capital funding.

Under Section 35 (3) of the Act, it is matter for each local authority to determine whether to charge users or beneficiaries of a fire service for services which the fire authority provides. I do not have a role in approving or consenting to the levying of such charges. In many cases, the householder/premises owners are covered for recouping charges for attendance of the fire brigade at incidents such as house fires, road traffic accidents and hay barn fires from relevant home, motor and farm insurance policies. I understand that most fire authorities operate waiver schemes in respect of call-out charges; each case is considered on its merits, and partial waivers and deferred payment options are considered as appropriate.

Water Charges

Questions (439)

Brendan Ryan

Question:

439. Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government if he will consider working with other Departments and private operators, to deliver waivers and/or cost reductions for water charges and waste charges for all State funded schools in order to alleviate cost burdens on the schools; and if he will make a statement on the matter. [44789/12]

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Written answers

Following a three-year transitional arrangement, schools have been charged for water services on a full cost recovery and volumetric basis since 1 January 2010. There are no plans to revise this arrangement.

The Government’s new waste policy, A Resource Opportunity - Waste Management Policy in Ireland, was published in July 2012. While the policy does not contain specific measures in relation to the management of waste in schools, it does support the development of a competitive and progressive waste management industry within a revised regulatory structure. The policy contains measures to ensure that the management of waste will be in accordance with the waste hierarchy, as set out in the Waste Framework Directive, whereby prevention, reuse, recycling, recovery are favoured to the disposal of waste and that the costs of waste management are borne by the original waste producer or by the current or previous waste holders, in accordance with the polluter pays principle. Consumers, including schools, can avail of information in relation to the prevention and minimisation of waste, thus reducing waste management costs, through the National Waste Prevention Programme administered by the Environmental Protection Agency. The policy does not contain any proposals for a waiver system for schools.

My Department provides funding to An Taisce to run the Green Schools programme which aims to raise awareness of environmental issues including waste reduction and the protection of the water environment. The programme helps to create an ethos of sustainability in the school, and promotes good environmental behaviour among students. Over 87% of all schools in the country are registered on the programme. Schools implement environmental plans as part of the process of gaining their Green Flags, and these not only benefit the environment but also can result in financial savings for the school.

Question No. 440 answered with Question No. 407.

Rural Development Programme Funding

Questions (441)

Dara Calleary

Question:

441. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the actions being taken by his Department to ensure that moneys approved by Meithal Forbartha na Gaeltachta Teo prior to the cessation of the company and which was not paid out by the company to ensure that this is now honoured and paid out by his Department under the LEADER funding. [44840/12]

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Written answers

Meitheal Forbartha na Gaeltachta (MFG), the group contracted by my Department to deliver Axes 3 & 4 (LEADER) of the Rural Development Programme (RDP) in Irish Language Areas, went into liquidation on 7 September 2011. Progress, in the context of the legal “winding up” process, is currently ongoing.

The process of identifying those promoters whose projects are at an advanced stage of development has been established and a system, in cooperation with Local Development Companies contiguous to Gaeltacht areas, is in place to facilitate the final checking and processing of payment claims in respect of these projects. Many of these files have now been sent to the relevant Local Development Companies (LDCs) who will be in touch directly with the relevant promoter.

In the context of the delivery of the Axes 3 & 4 (LEADER) elements of the RDP in Gaeltacht areas in the longer term, I can confirm that contracts are now in place with Local Development Companies to replace MFG as the delivery mechanism for RDP (LEADER) for the Gaeltacht areas of Counties Galway, Donegal, Kerry, Cork, Waterford and Meath. While there is a system in place to address the current outstanding commitments in Co Mayo in general, and the future delivery for the Gaeltacht areas of South West Mayo in particular, some further work is required in order to finalise a solution for the future delivery in the remaining areas of Co Mayo. However, I expect that a solution in respect of that final area will be reached very shortly.

I believe that the final solution, which sees the future delivery of the LEADER elements of the RDP allocated to the relevant Local Development Companies is a significant step forward, and I am confident that the Gaeltacht areas of Ireland will be restored to full access to RDP funding in the near future.

Water and Sewerage Schemes Funding

Questions (442)

Dara Calleary

Question:

442. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government when funding for a replacement of the pipe network from Bunbeg, Derrybeg to Glassagh made by Donegal County Council under the Rosses regional public water supply scheme will be made available; and if he will make a statement on the matter. [44841/12]

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Written answers

As part of its Water Conservation Strategy, Donegal County Council is currently progressing a first phase of watermain rehabilitation contracts, which are being funded under my Department’s Water Services Investment Programme 2010 – 2013.

I understand that Donegal County Council proposes to include the rehabilitation of the pipe network from Bunbeg, Derrybeg to Glassagh as part of a second phase of watermain rehabilitation works. Proposals for this phase of works will be submitted to my Department by the Council on completion of the first phase of works.

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