Written Answers Nos. 143-157
143. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government his plans to amend the legislation to give An Bord Pleanála further time to consider applications under the subsititue consent process for quarries to ensure that quarries can have pre-planning meetings with applicants, as provided in the legislation; and if he will make a statement on the matter. [47000/12]
View answerSection 177E(5) of the Planning and Development Act 2000, as amended, provides that An Bord Pleanála may at its own discretion, on request, extend the period specified in section 261A for the making of an application for substitute consent for a quarry by such further period as it considers appropriate. I have no plans further to amend the legislation in this regard.
144. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will announce measures to address the current crisis facing farmers who are unable to land spread slurry due to poor ground conditions, in view of the fact that the present final date for land spreading is 31 October; if he will consider extending this date as an exceptional measure; and if he will make a statement on the matter. [47016/12]
View answerI refer to the reply to Questions Nos. 402, 405, 406, 407 and 408 of 23 October 2012 which sets out the position in this matter.
145. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide the name, costs, date of commission, date or expected date of publication and name of the external consultant of all external reports commissioned by his Department since March 2011. [47075/12]
View answerThe information requested is being compiled in my Department and will be forwarded to the Deputy as soon as possible.
146. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the options open to the many residents of unfinished housing estates throughout the country who are unable to access completion or maintenance works for their estates where the developer is either no longer trading or just uncooperative and uncontactable, where legal enforcement procedures by the local authorities can take prolonged periods of time and in many cases where serious safety concerns exist; and if he will make a statement on the matter. [47088/12]
View answerThe resolution of the various issues presented by unfinished developments is one of the major challenges faced by my Department and local authorities. I am chairing the National Co-ordination Committee on Unfinished Housing Developments (NCC) to oversee implementation of the Report of the Advisory Group on Unfinished Housing Developments, together with the Government’s response to the recommendations. The NCC 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 regard to the public safety works required to improve the living conditions of existing residents on some unfinished estates. Under the Public Safety Initiative (PSI), my Department has made allocations totalling some €3.549 million to 21 local authorities from the funding made available to address immediate public safety issues in 2011. The types of works that have been approved to date under the PSI 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 €2m has been made for 2012 and my Department will be making further allocations as applications are received from local authorities and assessed. To date, a total of €1.897 million has been drawn down by local authorities.
Site Resolution Plans (SRPs) have been identified by the NCC as a key tool in resolving issues associated with unfinished housing developments. Such plans enable stakeholders, including developers, local authorities, financial institutions, NAMA and residents, to collaborate 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. Such solutions also take account of the best interests of residents. The NCC has produced a Guidance Manual on Resolving and Managing Unfinished Estates, a Key Stakeholders Code of Practice, and a Guide for Residents Living in Unfinished Housing Developments, all of which are available at www.housing.ie.
The first Annual Progress Report of the NCC, published by my Department on 5 July, confirmed that, through the use of the SRP process, 211 estates have been completed and issues are now resolved. In respect of a further 523 estates, plans are now in place and in many of these cases work has commenced and significant progress will be achieved over the coming months. I anticipate that this progress will be reflected in the 2012 National Housing Development Survey now underway. The results of this Survey are expected later this year and will update the position on Site Resolution Plans.
147. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government if he will provide an update on the entitlement of nationals of EU members states that are resident in Ireland to local authority housing (details supplied); and if he will make a statement on the matter. [47133/12]
View answerIn December 2011 my Department issued guidance by way of circular letter (67/2011), to housing authorities regarding access to social housing support for non-Irish nationals. The circular provided that EEA nationals may be considered for assessment for social housing support from housing authorities if:
1) they are in employment/self-employed in the State; or
2) where they are not currently working/employed it is because
- they are temporarily unable to work because of illness/accident;
- they are recorded as involuntarily unemployed after having been employed for longer than a year, and they are registered as a job-seeker with Department of Social Protection and FÁS. (This is guided by the provisions of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 which give effect in Irish law to the Directive on the rights of citizens of the European Union and their family members to move and reside freely within the territory of the Member States).
My Department is currently reviewing the above-mentioned circular and intends to issue revised guidance to housing authorities in the near future.
148. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the position regarding the Building Control (Amendment) Regulations 2012; if he has considered the inclusion of architectural technologists as persons qualified to provide certification of the design or completion of building works under these new regulations; and if he will make a statement on the matter. [47135/12]
View answerFollowing a public consultation process earlier this year, I am currently finalising the Building Control (Amendment) Regulations 2012 for signature into law. The new regulations will provide, among other things, for the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the Building Regulations have been met in relation to the building concerned. In addition a building owner will be required to assign a registered professional to inspect the work during construction and also to certify that the completed building is in compliance with the requirements of the Building Regulations.
The roles of lead designer and assigned certifier may only be undertaken by competent persons who are included on the registers of Architects or Building Surveyors as provided for under the Building Control Act 2007 or who are Chartered Engineers. Depending on their own personal circumstances, it may be open to members of the Chartered Institute of Architectural Technologists (CIAT) to seek inclusion on one or other of the registers of Architects or Building Surveyors.
149. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the full cost to the Exchequer in the previous 12 months for his Department staff attending conferences including registration fees and travel. [47148/12]
View answerFees of €48,222 were incurred by the Department in connection with staff attending conferences since 21 October 2011. Details of travel costs relating specifically to attendance at conferences are not readily available and, given the extent of business conducted by my Department, would require a disproportionate amount of staff time and resources to compile. An officer may be reimbursed expenditure necessarily incurred in the course of official duty. It is departmental policy that public transport should be used wherever possible if it is deemed necessary to travel for business purposes. The current travel and subsistence rates for staff on domestic and foreign official business are set out in the Department of Finance Circulars 07/2009 of 5 March 2009 and 04/2010 of 25 January 2010, respectively.
150. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the number of staff members of his Department that have been awarded internal promotions and or additional acting up or temporary allowances to perform more senior roles since 27 March 2009; the details of the grades involved; the pre-promotion temporary acting and post promotion temporaryacting pay scales; the total increase in salary payments to each staff member involved; the duration of assignments; the area to which each person was assigned; the business reasons supporting any such decision; the details of sanction received from the Department of Finance and or Public Expenditure and Reform; and if he will make a statement on the matter. [47163/12]
View answer151. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the number of staff members from his Department that have been temporarily and or permanently redeployed to other Government Departments or agencies since 27 March 2009; the details of the grades and pay scales of same; the total amount of savings achieved in salary payments in respect of the persons concerned; the duration of assignments; the business reasons supporting the redeployment of staff; the details of sanction received from the Department of Finance and or Public Expenditure and Reform; and if he will make a statement on the matter. [47179/12]
View answer152. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the number of staff members that have been temporarily and or permanently redeployed to his Department from other Government Departments or agencies since 27 March 2009; the details of the grades and pay scales involved; the total increase in salary payments for his Department in respect of the persons concerned; the duration of assignments; the area to which each person was assigned; the business reasons supporting the redeployment of staff; the details of sanction received from the Department of Finance and or Public Expenditure and Reform; and if he will make a statement on the matter. [47194/12]
View answerI propose to take Questions Nos. 150 to 152, inclusive, together.
The information requested is being compiled and will be forwarded to the Deputy as soon as possible.
153. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government if he will provide details of all the Gaeltacht allowance payable to civil and public servants; the level of each allowance payable to each category and the monetary level of each allowance together with the total amount payable in 2009, 2010 and 2011. [47474/12]
View answerThe Gaeltacht allowance is not payable to staff in my Department or to personnel in agencies under the aegis of my Department.
Under article 5 of the Local Offices (Irish Language) Regulations 1966:
"A local authority may pay to the holder of any office the duties of which are performed mainly or entirely in any part of the Gaeltacht who satisfies the local authority that
(a) he possesses a knowledge of the Irish language sufficient to enable him to perform competently the duties of the said office through the medium of the said language, and
(b) he uses the said language, as far as circumstances permit, in the performance of the duties of the said office
additional remuneration of such amount as may from time to time be assigned to him by the local authority, not exceeding seven and one half per cent of the rate per annum of the annual basic salary of the said holder."
Information in respect of Gaeltacht allowance costs is not routinely collected by my Department but is currently being collated in respect of 2011 as part of the Review of Allowances. The information will be forwarded to the Deputy as soon as possible.
154. Deputy Arthur Spring asked the Minister for Justice and Equality further to Parliamentary Question No. 1001 of 18 April 2012, and taking into consideration the following, the number of Irish persons who have emigrated in recent years, that the current Police Certificate of Character may be issued by an Garda Síochána only for the purposes of foreign consular and immigration requirements and for foreign business establishment and not for taking up foreign employment, that the data protection access request application form states a disclosure of personal data under the Data Protection Act 1988 and 2003 should not be construed as Garda vetting, Police certificate, Garda reference or security clearance, if there is a need for a separate Garda clearance certificate to be introduced to cater specifically for Irish citizens who have been offered employment abroad, especially in education and whose acceptance of the offer of employment is pending on the issue of a police clearance certificate from An Garda Síochána. [46906/12]
View answerAs the Deputy is aware, Garda vetting certificates for employment purposes are only provided for those seeking employment in Ireland with registered organisations where the employment involves substantial unsupervised access to children or vulnerable adults. In that regard, the Garda Central Vetting Unit currently provides vetting services to approximately 20,000 of these organisations with a further 4,000 organisations awaiting registration. The Unit is expected to deal with 350,000 applications this year. I am sure the Deputy will agree, that given the current level of demand from the child and vulnerable adult care sector, the provisions of services to this particular area must remain the priority. Unfortunately, this means it is not possible at this stage to provide general employment vetting for the purposes of employment here or abroad beyond the arrangements outlined in the Deputy's question.
155. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of seizures of the illegal drug pseudoephedrine in each of the past 10 years and the seizure's location, value and size. [46920/12]
View answerI can advise the Deputy that it is not possible to provide data of the detail being sought in the time available for reply. I have requested the Garda authorities to provide data as requested as soon as it becomes available and I will arrange for all available information to be forwarded to the Deputy upon receipt.
156. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality in view of recent judgements, if he intends changing the law to ensure convicted sexual offenders get custodial sentences of an appropriate length; and if he will make a statement on the matter. [46934/12]
View answerAs the judiciary are independent and subject only to the Constitution and the law, it would be inappropriate for a member of the Executive to make any comments connected to a judgment in an individual case, particularly where the sentence is or could become the subject of an appeal. More generally, legislation relating to sexual offences usually provides for the maximum sentence to be imposed. In some cases, special provisions apply. For example, an offence by a person in authority is effectively treated as an aggravating factor in the case of certain sexual offences against children.
It is the responsibility of the presiding judge to determine the sentence to be imposed in a particular case having heard all the evidence presented, and taking case law, including appeals, into account. This allows the court to weigh all the circumstances of the offence and all the relevant aggravating and mitigating factors. Section 6 of the Criminal Justice Act 1993 provides for the making of a compensation order (on application or otherwise) against a convicted person by the court instead of or in addition to dealing with the person in any other way, unless it sees reason to the contrary. The Director of Public Prosecutions can appeal against a sentence imposed if she believes it to be unduly lenient.
The Government is committed to a strategic review of penal policy, including sentencing, and this review is now underway. In addition, the Law Reform Commission is reviewing the law on mandatory sentences and published a consultation paper in January this year. The Commission invited submissions on its consultation paper from interested parties and is expected to publish its final report in early 2013. I will await the outcome of both these reviews and consider the recommendations made before taking any further action regarding the law on sentencing.
157. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to introduce legislation to give homeowners a right to light (details supplied); and if he will make a statement on the matter. [46957/12]
View answerDifficulties experienced by property owners arising from trees and high hedges on neighbouring land were raised in both the Dáil and Seanad during passage of the Land and Conveyancing Law Reform Act 2009. My Department consulted on the matter with the Law Reform Commission, which had been involved in drafting the 2009 Act, and it took the view that unreasonable interference caused by high trees or hedges was a matter in any particular case for tort law or more generally for planning or environmental law.
In England and Wales, for example, complaints about high hedges are dealt with under Part 8 of the Anti-Social Behaviour Act 2003. This Act makes provision for local authorities to determine complaints by the owners or occupiers of domestic property who are adversely affected by evergreen hedges over 2 metres high. Broadly similar legislation, i.e. the High Hedges Act (Northern Ireland) 2011, came into operation in Northern Ireland on 31 March 2012. Helpful information notes for hedge owners, complainants and local authorities have been published on the website of Northern Ireland's Department of the Environment.
The manner in which problems associated with high hedges and trees are resolved in both England and Wales and Northern Ireland demonstrates a clear preference for the resolution of such disputes at local level, preferably by mediation, with recourse to the courts only as a last resort. This is designed to reduce the risk of prolonged and costly litigation, and the risk that court proceedings would leave a legacy of bitterness between neighbours and ill-feeling in the local community. The introduction of such legislation in this jurisdiction would be a matter for the Minister for the Environment, Community and Local Government and his Department.
Under our existing law, a person may be in a position to seek damages or an injunction requiring the cutting of boundary hedges or trees under the tort of nuisance. In order for the nuisance to be actionable, the person would have to show that an easement existed, i.e., whether an easement of light or otherwise, and that there had been a substantial interference with that right.
It is my intention to bring forward a Mediation Bill to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes. The legislation, which is currently being drafted, will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative invite parties to consider mediation and suspend the proceedings to facilitate the mediation process.
