Written Answers Nos. 137-143
137. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding the non-principal private residence charge in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [48887/12]
View answerThe Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities through the introduction of the Non Principal Private Residence Charge. The Charge is set at €200 and is being levied and collected by local authorities. It is payable by the owners of private rented accommodation, holiday homes, self-catering accommodation and other non-principal private residences.
Section 2(2)(d) of the 2009 Act, as amended, provides that a building in respect of which local authority rates are payable and that is wholly used as a dwelling is not a residential property for the purposes of the Act and is not liable for the Charge. Notwithstanding section 2(2)(d), I urge all owners who are unsure of liability for the Charge to contact their local authority to determine liability.
138. Deputy Paschal Donohoe asked the Minister for the Environment, Community and Local Government if he will provide an update in respect of the Building Control (Amendment) Regulations 2012; and if he will make a statement on the matter. [48917/12]
View answerFollowing an extensive public consultation process undertaken earlier this year, I am now in the process of 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. Drawings and particulars demonstrating compliance must also be submitted to the local building control authority. 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. I believe that the measures outlined above are key steps necessary to strengthen the building control system and will be capable of delivering a stronger level of compliance with the requirements of the Building Regulations and a better quality of homes and buildings.
139. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if it is possible for local authorities to include local employment clauses in public contracts before they are put out to tender; and if he will make a statement on the matter. [48983/12]
View answerIssues concerning compliance with procurement legislation and guidance are a matter for my colleague, the Minister for Public Expenditure and Reform. The procurement of products or services by a local authority is a matter for the authority concerned. Notwithstanding this, guidelines by the National Public Procurement Policy Unit (NPPPU) of the Department Public Expenditure and Reform apply to all public sector bodies, including local authorities.
I am advised that t he rules on awarding public contracts have provisions which allow the specification of social criteria, such as the requirement for employment of long term unemployed, as a condition in the performance of the contract. Any such provisions must be compatible with EU law, i.e. they must be made known to all interested parties and must not restrict participation by contractors from other Member States. Subject to this, contracting authorities have the discretion to apply such conditions, as appropriate.
Under the EU Directives on public procurement, public works, supplies and service contracts above certain thresholds must be advertised in the Official Journal of the EU and awarded on the basis of objective and non-restrictive criteria. For contracts below these thresholds, the general requirement is that they be advertised on the national public procurement website www.etenders.gov.ie or, depending on value, awarded on the basis of a competitive process of direct invitation to an adequate number of suitable suppliers.
The aim of the rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on grounds of nationality and where the EU Directives apply there are legal remedies which may be used against any public body infringing these rules.
The local government sector avails of a number of shared procurement mechanisms already in place (nationally – National Procurement Service (NPS) frameworks, LA Quotes/Bitumen, and regionally – library service procurement, public lighting maintenance, debt collection, paid parking, etc.), and local authorities will support and operate under Mandatory Frameworks for procurement as they are developed.
A new procurement governance structure is currently being put in place in the local government sector comprising a lead procurement local authority (Kerry County Council), specialist procurement support units and regional procurement co-ordinators. In addition, each county and city council has a designated Procurement Officer in place.
Government initiatives in relation to procurement are reshaping the way the State and business engages in relation to acquisition of goods and services. Sensitivity regarding Small and Medium Enterprises ( SMEs ) is needed to maximise local buy-in particularly with regard to pre-qualification criteria required in order to meet eligibility thresholds when tendering for public contracts. In this regard, while local authorities provide a measure of support for SMEs in engaging with procurement processes (e.g. the LA Quotes website) they will work with the National Procurement Service as they further develop and disseminate guidance in order to assist SMEs in tendering for public contracts, and assist local authorities doing a similar job locally.
As part of the implementation of the local government sectoral strategy to promote employment and support local enterprise, Supporting Economic Recovery and Jobs – Locally , local authorities will also work as necessary with the responsible State agencies in the development of the Procuring Innovation initiative (Action 3.53 of the Action Plan for Jobs) to increase the purchasing of innovative solutions from SMEs by encouraging a more flexible approach to tendering that focuses on procuring solutions to specific needs, rather than specific products or services. In view of the importance of improving the capacity of SMEs to compete under the framework agreement approach, local authorities will also work with Enterprise Ireland to ensure that pre-qualifying criteria for the award of public contracts that are subject to frameworks will be proportionate to the relative value of the contract, so that pre-qualification is not unnecessarily weighted against SMEs.
While public procurement policy addresses the inclusion of social clauses in public contracts, the application of such clauses in public contracts is a matter for each contracting authority concerned.
140. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding a housing situation (details supplied) [48998/12]
View answerThe circumstances referred to relate to a private transaction in which my Department has no remit.
141. Deputy Denis Naughten asked the Minister for Justice and Equality the total number of staff employed by the Property Registration Authority at each of its offices; if the property is leased, and if so when the lease expires; the maximum staffing capacity of leased properties; the future plans if any for each property; and if he will make a statement on the matter. [48874/12]
View answerThe Property Registration Authority, PRA, was established on 4 November 2006 under the provisions of the Registration of Deeds and Title Act 2006 and is responsible for managing and controlling the Registry of Deeds and the Land Registry. The Registry of Deeds is located in the Registry of Deeds Building, Kings Inns, Henrietta Street, Dublin 1 and the number of staff located there is 28.
The Land Registry offices of the Property Registration Authority are based in three locations in Dublin and in decentralised offices in both Waterford and Roscommon. All of these locations with the exception of the Setanta Centre, Nassau Street, Dublin 2, (which is leased) are owned by the Office of Public Works, OPW.
Land Registry- Dublin offices
1. 84 PRA staff are currently located in the Setanta Centre, Nassau Street. The property is leased by the Office of Public Works, OPW, at a cost of €996,164 per annum. The lease for this accommodation expires in March 2013 and staff will have to be re-located before the expiry of the lease. The PRA has been in continuing discussions with the OPW to finalise the proposed re-location of staff. The OPW are now looking at a potentially suitable location but it is considered likely that this location will not be sufficient to accommodate all the staff currently located in the Setanta Centre and some staff will have to be re-located to the Chancery Street offices.
2. The number of PRA staff currently located in the Four Courts complex in Chancery Street, Dublin 7 is 202.
3. A further 18 staff are located in the PRA's central filing repository in Shanowen Road in Santry.
Land Registry-Decentralised offices
1. The number of PRA staff located in the Waterford building is 185.
2. The number of PRA staff located in the Roscommon building is 77.
Following the Government Review on the viability of all decentralisation projects, it was decided, in the case of the Property Registration Authority, that the Authority should remain in situ in the new premises located at the Golf Links Road, Roscommon. The building was originally designed to accommodate 230. The PRA is continuing to work with the Office of Public Works to maximise the occupancy in the Government buildings in Roscommon on Golf Links Road. For some months now, a small number of staff from the Roscommon Enterprise Board has been occupying part of the accommodation. Approximately 50 staff from the Department of Agriculture, Food and the Marine are scheduled to re-locate to the Golf Links Road building in the early part of December 2012.
142. Deputy Michael McGrath asked the Minister for Justice and Equality the number of applications received and approved to date under the immigrant investor programme and the start up entrepreneur scheme; and if he will make a statement on the matter. [48808/12]
View answerThe Irish Naturalisation and Immigration Service has informed me that there continues to be a significant number of enquiries from potential applicants and their representatives for both programmes. To date, three applications for the Immigrant Investor Programme have been received as well as eighteen applications for the Start-up Entrepreneur Programme. On foot of the recommendations of the first Evaluation Committee meeting I have approved one application under the Immigrant Investor Programme and two applications under the Start-up Entrepreneur Programme. I understand that two of the applications received for the Immigrant Investor Programme and eleven of the applications received for the Start-up Entrepreneur Programme will be considered at the next meeting of the Evaluation Committee at the end of November.
143. Deputy Seán Kenny asked the Minister for Justice and Equality the progress that has been made by the Property Services Regulatory Authority in registering property management companies and management agents; the way the Property Service Regulatory Authority is impacted by the Multi Unit Development Act; and if he will make a statement on the matter. [48818/12]
View answerThe Property Services Regulatory Authority was established on 3 April 2012 under the Property Services (Regulation) Act 2011 to regulate, control and supervise property services providers (i.e. auctioneers/estate agents, letting agents and property management agents) and to establish and enforce standards within the property services industry.
A new licensing regime has been established under the Act and to date a total of 5,107 licence applications for the provision of property services have been received. The property services in question are: (a ) the auction of property other than land, (b) the purchase or sale, by whatever means, of land, (c) the letting of land, or (d ) property management services. Of the applications received to date some 535 are from persons whose principal business is the provision of property management services. A number of persons holding licences for the sale and letting of land may also occasionally engage in the provision of property management services.
The Property Services Regulatory Authority has no statutory function under the Multi-Unit Development Act 2011. In relation to property management companies in multi-unit developments, the Multi-Unit Developments Act 2011 provides the statutory basis for such companies (which are generally known as owners' management companies and which comprise the owners of units in the development) to take ownership of and manage the common areas of multi-unit developments and provides for the fair and effective management of such developments. In general, an owners' management company is a company registered under the Companies Acts and, as such, is subject to company law.
