Tuesday, 20 Nov 2012

Written Answers Nos. 437-456

NAMA Social Housing Provision

Questions (437)

Alan Farrell

Question:

437. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government the number of empty housing units in Dublin in which the development is under the remit of the National Assets Management Agency; the number of housing units required by Dublin City Council, Fingal County Council and Dun Laoghaire-Rathdown County Council; his views on the viability of using State owned properties that are under the remit of NAMA as accommodation for these families and persons as an alternative to sourcing extra funding for new properties; and if he will make a statement on the matter. [51003/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

To date, NAMA have identified over 3,700 units from their portfolio to be considered for social housing. Of those:

- 580 are in Dublin City Council's functional area,

- 18 in South Dublin County Council;

- 200 in Fingal County Council, and

- 301 in Dún Laoghaire Rathdown.

It should be noted that the properties under consideration are part of the security for loans that NAMA has acquired. In the majority of cases properties remain in the ownership of the original borrowers and not NAMA or the State. The remaining properties are controlled by receivers appointed by NAMA.

My Department does not hold information on the number of households on local authorities’ waiting lists and the requirement for new supply that this might generate. 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. The table below sets out the information from the 2011 assessment in respect of the 4 Dublin authorities.

Housing Authority	Net Housing Need 2011 (households)
Dublin City Council	8,091
South Dublin County Council	8,022
Fingal County Council	5,003
Dun Laoghaire Rathdown County Council	3,909

Delivery of social housing has been significantly facilitated through more flexible funding models such as the Rental Accommodation Scheme and leasing, but the Government is also committed to developing other funding mechanisms that will increase the supply of permanent new social housing. Such mechanisms include options to purchase, build to lease and the sourcing of loan finance by approved housing bodies for construction and acquisition. Added to this has been the obvious potential, across a range of housing programmes, for the Government’s objective of sourcing and providing suitable residential units for use as social housing to be aligned with the commercial objectives of NAMA.

House Purchase Schemes

Questions (438)

Alan Farrell

Question:

438. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government his views on his proposal to offer families in social housing an incentive to buy their properties, while at the same time introducing a mortgage to rent scheme which will in turn bring private properties owned by a person and the bank to within the remit of his Department and social housing organisation; and if he will make a statement on the matter. [51004/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

The Government is acutely conscious of the difficulties being experienced by households in mortgage distress while at the same time remaining committed to facilitating the home ownership aspirations of creditworthy lower income households. There is no inherent contradiction between these objectives.

Under the current arrangements, social housing tenants who wish to apply to purchase their home under the Tenant Purchase scheme may submit an application up to 31 December 2012, and housing authorities will have until 31 December 2013 to finalise sales under the scheme. It is my intention to replace this scheme with a new scheme based on the incremental purchase model for tenants of existing local authority housing. Legislation is required to underpin the new model which it is intended to introduce as soon as possible.

At the same time, and in line with the recommendations of the Keane Report on mortgage arrears, the Government launched a mortgage to rent scheme on a pilot basis in February 2012. This scheme was extended nationally in June 2012, targeting those low income families whose mortgage situation is unsustainable and where there is little or no prospect of a significant change in circumstances in the foreseeable future. The scheme ensures that the family remains in their home, while ownership is transferred to an approved housing body who in turn rent it to the original owners.

Local Authority Housing Maintenance

Questions (439)

Alan Farrell

Question:

439. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government the cost to local authorities of continuous maintenance of local authority housing in 2011 and 2012; and if he will make a statement on the matter. [51005/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Under section 58 of the Housing Act 1966, the management and maintenance of the local authority housing stock, including the carrying out of routine and planned maintenance programmes to properties and estates, is the responsibility of the relevant housing authority. Housing and estate maintenance programmes are funded directly by local authorities from their own resources, including from rental income and receipts from the disposal of properties and sales of houses to tenants.

It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The adoption of an authority’s annual budget is a reserved function.

Property Taxation Application

Questions (440)

Alan Farrell

Question:

440. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government his Departments role from 2013 onwards in administering and managing funds for local authorities once a local government tax is introduced; if details of the expenditure will be available to public representatives through Dáil questions; if overall accountability will be held by him; and if he will make a statement on the matter. [51006/12]

Written answers

Minister for the Environment, Community and Local Government

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 Expert Group’s terms of reference were to consider the design of a Local Property Tax to be approved by Government, which is equitable and is informed by previous work and international experience.

The Group submitted its report and proposals will be brought t o Government shortly. It will then be a matter for the Government to decide on the exact details of implementation, including how the Local Property Tax will interact with the broader funding of local government, taking into account the modalities involved.

The Government has decided that the Local Property Tax will be collected and administered by the Revenue Commissioners.

Questions Nos. 441 and 442 answered with Question No. 435.

Homeless Persons Numbers

Questions (443)

Sean Conlan

Question:

443. Deputy Seán Conlan asked the Minister for the Environment, Community and Local Government the reason funding has not yet been made available to an organisation (details supplied) in County Monaghan, a facility which provides services for the homeless and those with addictions; if Monaghan County Council should discharge the funds directly and then recoup them from the relevant Department or is it more appropriate for the local authority to apply to his Department for the funding at the start of each year and wait until the funds are forwarded his Department before payment is made since same is not explicitly stated in the Housing (Miscellaneous Provisions) Act 1988 as amended by S.I. 157/2003; and if he will make a statement on the matter. [51016/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

In accordance with Section 10 of the Housing Act 1988, my Department recoups local authorities, at the rate of 90%, in respect of approved current expenditure on the provision of accommodation and related expenses for homeless persons.

Monaghan County Council submitted a Section 10 funding application to my Department in respect of the Cuan Mhuire Service. Additional information has been sought from Monaghan County Council and as soon as this information is received my Department will consider further the application for funding.

Planning Issues

Questions (444)

Finian McGrath

Question:

444. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the outcome if a council fails to act on a Section 160 against an unauthorised development. [51021/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Instead of issuing an enforcement notice (or subsequent to issuing an enforcement notice, in the event that the notice is not complied with) a planning authority, where an unauthorised development is being, or is about to be, undertaken, can also apply to the Circuit or High Court for an injunction preventing it. Significantly, any other person may also seek an injunction against an unauthorised development without reference to the planning authority.

The court order, if successfully obtained, may require that:

- the unauthorised development should not commence or continue;

- in so far as possible, the land be restored to its original state;

- the development be carried out in accordance with any permission related to it;

- certain works be carried out, e.g. restore, reconstruct, demolish, and it may also make provision for the payment of costs.

Pending its consideration of issues arising from the request for an injunction, the Court may issue an interim or interlocutory order as described below:

- interim order: restrains the defendant from acting until some particular time, most likely until the request for an injunction is fully considered;

- interlocutory order: a temporary injunction pending trial; usually only granted where the recovery of damages afterwards would not represent an adequate remedy.

Homelessness Strategy

Questions (445)

Michael Healy-Rae

Question:

445. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will ensure that essential funding will be maintained in respect of an organisation (details supplied); and if he will make a statement on the matter. [51075/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

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. My Department does not fund any service or voluntary body directly but recoups local authorities 90% of the cost of the service provided with an additional 10% coming from the local authorities' own resources.

My Department’s current funding provision for the running costs of homeless accommodation and related services for 2012 is €50 million, which, together with 10% provided from housing authorities’ own resources, brings the total available funding to €55.55 million in 2012. This level of funding means that there will be no reduction in the provision of essential front-line support services.

Local Government Fund

Questions (446, 447, 448)

Micheál Martin

Question:

446. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government the allocation South Dublin County Council received from the Local Government Fund in 2011 and 2012; the amount by which the fund was reduced as a result of the rate of payment of the household charge in 2012; and if he will make a statement on the matter. [51091/12]

Micheál Martin

Question:

447. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government the allocation Fingal County Council received from the Local Government Fund in 2011 and 2012; the amount by which the fund was reduced as a result of the rate of payment of the household charge in 2012; and if he will make a statement on the matter. [51092/12]

Micheál Martin

Question:

448. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government the allocation Dun Laoghaire-Rathdown County Council received from the Local Government Fund in 2011 and 2012; the amount by which the fund was reduced as a result of the rate of payment of the household charge in 2012; and if he will make a statement on the matter. [51093/12]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 446 to 448, inclusive, together.

I assume the Questions relate to General Purpose Grants from the Local Government Fund. The two principal sources of revenue for the Local Government Fund are the proceeds of motor tax and the income from the Household Charge. The Local Government (Household Charge) Act 2011 provides that income from the charge is to be paid into the Local Government Fund. The proceeds from the household charge are being re-distributed on an equalised basis to local authorities within the context of the annual allocations of general purpose grants. General purpose grants contribute towards meeting the reasonable cost to local authorities of providing services to their customers. Some €651m in general purpose grants had been allocated to local authorities for 2012. It has been necessary for me to reduce general purpose grant funding to local authorities in the third quarter of 2012 in light of the level of compliance with the household charge.

It is estimated that there are some 1.6 million residential properties potentially liable for the household charge. As such, if collected in full, the household charge has the potential to raise €160 million annually. As of 16 of November 2012 some €107.7 m or over 66% had been collected nationally. A total of €15,695,292 was withheld from the Quarter 3 general purpose grant payment. For county and city councils, this represented a reduction of between 1% and 3% of the total general purpose grant allocation for 2012.

Local authorities can maintain the remainder of their general purpose grant allocation for 2012 through improved household charge compliance. Those authorities achieving a collection rate of 65% nationally will not have a further reduction in their final quarter general purpose grant payment. Local authorities achieving a collection rate of 60-65% will incur a further reduction of 0.5%, while those authorities achieving a compliance rate below 60% will incur a further 1% reduction in their annual allocation.

I am confident that the level of general purpose grants together with other Government grants and subsidies, and income raised from local sources, is appropriate to meet the costs of providing a reasonable level of local authority services to communities.

The information requested is set out in the following table.

Local Authority	Allocation 2011 €	Allocation 2012 €	Quarter 3 2012 Reduction €	Revised 2012 Allocation €	% Reduction in 2012
Dun Laoghaire-Rathdown County Council	31,522,005	25,780,316	343,583	25,436,733	1.3%
Fingal County Council	26,267,018	20,455,071	545,285	19,909,786	2.7%
South Dublin County Council	21,709,971	16,963,904	475,210	16,488,694	2.8%

Local Government Reform

Questions (449, 450)

Michael McCarthy

Question:

449. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he intends to change Section 129 of the Local Government Act 2001 to facilitate the disbanding of the county development board in each local authority; and if he will make a statement on the matter. [51178/12]

Michael McCarthy

Question:

450. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government the powers that county managers have to amend or disband the following agencies which are structures or sub-structures of the county development boards, county childcare committees, joint policing committees and volunteer centres; and if he will make a statement on the matter. [51179/12]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 449 and 450 together.

The reforms set out in Putting People First will result in changes to current local governance arrangements and include, inter alia, the wind-down of City/County Development Boards. All necessary legislative and administrative steps will be taken towards this end and will include the introduction of new planning, management and oversight arrangements, such as Socio-Economic Committees and Local Enterprise Offices.

It is not within the powers of City/County Managers to dissolve the various bodies referred to in the Question. Responsibility for these bodies remains with the relevant parent Departments. My Department is working closely with these Departments to transfer responsibility for co-ordination of local and community development matters to the Socio-Economic Committees when the City/County Development Boards cease to operate.

Household Charge Exemptions

Questions (451, 463)

Michael McCarthy

Question:

451. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if persons (details supplied) in County Cork are entitled to an exemption from the household charge; and if he will make a statement on the matter. [51182/12]

Sandra McLellan

Question:

463. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government if a person who inherited a derelict house with no running water or electricity is exempt from the household charge; and if he will make a statement on the matter. [51604/12]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 451 and 463 together.

The Local Government (Household Charge) Act 2011 provides the legislative basis for the Household Charge. Under the Act, an owner of a residential property on the liability date is liable to pay the Charge, unless otherwise exempted or entitled to claim a waiver. It is a matter for an owner of a residential property to determine liability. Residential property is defined in the Act as a building that is occupied or suitable for occupation as a separate dwelling. The legislation provides for a number of exemptions and waivers from payment of the Charge.

The exemptions from payment are:

- Residential properties that are part of the trading stock of a business and have not been sold or been the source of any income since construction;

- Residential property owned by a Minister of the Government, a housing authority or the Health Service Executive;

- Voluntary and co-operative housing;

- Residential property subject to commercial rates and wholly used as a dwelling;

- Residential property owned by certain charities or discretionary trusts; and,

- Residential property which an owner has vacated due to long-term mental or physical infirmity (e.g. an elderly person that has moved into a nursing home).

The waivers which apply concern:

- Owners of residential property entitled to mortgage interest supplement; and,

- Owners of houses in certain unfinished housing estates.

I urge any person who is unsure as to their liability for the Household Charge to contact their local authority with a view to resolving their status.

Electoral Divisions Establishment

Questions (452)

James Bannon

Question:

452. Deputy James Bannon asked the Minister for the Environment, Community and Local Government when he will create a new Electoral Commission; and if he will make a statement on the matter. [51190/12]

Written answers

Minister for the Environment, Community and Local Government

I refer to the reply to Question No. 127 on 7 November 2012. The Programme for Government includes a range of political reform measures, a number of which are in my area of responsibility as Minister for the Environment, Community and Local Government. Many of the measures have already been implemented. Others are in the process of being implemented. The debate on the Electoral (Amendment) (Dáil Constituencies) Bill 2012 published on 5 October is scheduled to start in the Dáil this week. The Government legislation programme includes an Electoral (Amendment) (Referendum Spending and Miscellaneous Provisions) Bill to be published in 2013 which will implement more commitments in the Programme for Government. Arising from the Action Programme for Effective Local Government I have established a Local Electoral Area Boundary Committee to review and make recommendations on local electoral area boundaries in time for the 2014 local elections and my Department will be providing administrative support to that committee.

Following these tasks, I will be addressing the Programme for Government commitment to establish an Electoral Commission to subsume functions of existing bodies and my Department. Establishment of an Electoral Commission will be a major body of work. Issues for consideration include international best practice, the Commission's structure and functions, who it reports to, its relationship with other bodies currently involved in electoral administration, and the approach to be followed in relation to the extensive legislation that will be required, as well as practical matters including staffing and funding arrangements.

Private Residential Tenancies Board Remit

Questions (453)

Patrick Nulty

Question:

453. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the number of deposit retention cases brought to court on behalf of tenants by the Private Residential Tenancies Board in the years 2009, 2010, 2011 and to date in 2012; the number of cases brought by the PRTB on behalf of landlords in 2009, 2010, 2011 and to date in 2012 in tabular form; and if he will make a statement on the matter. [51249/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

I have no function in the operational matters of the Private Residential Tenancies Board (PRTB), an independent statutory body established on 1 September 2004 under the Residential Tenancies Act 2004.

The PRTB's annual reports and accounts are available on its website, www.prtb.ie , and the most recently published report and accounts relate to 2010. The annual reports include statistics on dispute resolution.

Electoral Divisions Report

Questions (454)

Gerry Adams

Question:

454. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if the current European election constituencies will remain the same for the upcoming European election in 2014; if the number of seats allocated to Ireland and the number of seats allocated to each constituency will remain the same for the European election in 2014. [51275/12]

Written answers

Minister for the Environment, Community and Local Government

I established a Constituency Commission on 27 July 2011 to review the constituencies for Dáil and European Parliament elections in the light of the 2011 Census of Population. The Commission in its report , presented to the Ceann Comhairle on 21 June 2012 , recommended maintenance of the existing arrangement of constituencies for the election of Ireland's twelve members to the European Parliament. Consistent with established practice since the first independent constituency commission reported in 1980 the Government has accepted in full the recommendations in the Constituency Commission report. I will not therefore, on foot of that report, be bringing forward any amendments to the Third Schedule of the European Parliament Elections Act 1997 in which the constituencies for European Parliament elections and the number of members to be elected for each constituency are specified. That Schedule was most recently amended by Section 8 of the Electoral (Amendment) Act 2009.

While the number of seats in the European Parliament allocated to Ireland stands at twelve there is a need to adjust the distribution of seats in the Parliament before the 2014 elections to take account of the accession of Croatia in 2013. I understand that the proposal of the European Parliament in this matter is awaited. Article 14.2 of the Treaty on European Union sets an absolute limit of 750 seats, plus the President, for the European Parliament and provides that the composition of the Parliament is decided by the European Council by unanimity on the initiative of the Parliament and with its consent.

Water Meters Installation

Questions (455)

Brendan Griffin

Question:

455. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if Irish Water will be reviewing water waste/water infrastructure development charges for new connections when they will be introducing metering charges to domestic customers; and if he will make a statement on the matter. [51356/12]

Written answers

Minister for the Environment, Community and Local Government

The 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 metering programme. In addition, the Government has recently approved the preparation of legislation to assign the necessary powers to allow Irish Water to undertake the metering programme. The Government has also decided to assign responsibility for the economic regulation of the water sector to the Commission for Energy Regulation (CER). The primary role of the regulator will be to protect the interests of customers and to ensure that a consistent and appropriate level of service is provided to customers; the regulator will be given appropriate powers in this regard. The regulator will be responsible for approving all charges levied by Irish Water.

Mortgage to Rent Scheme Funding

Questions (456)

Pearse Doherty

Question:

456. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the total number of former mortgage holders who have been transferred to rental tenants under the mortgage to rent scheme; in view of the small numbers of former mortgage holders involved if he will account for the slow progress with this scheme; the plans that are being put in place to expand this scheme during 2013; if there are any targets set out for 2012; and if he will make a statement on the matter. [50240/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

On foot of the recommendations of the Keane Report on mortgage arrears the Government launched a mortgage to rent scheme on a pilot basis in February 2012. This scheme was extended nationally in June 2012, targeting those low income families whose mortgage situation is unsustainable and where there is little or no prospect of a significant change in circumstances in the foreseeable future. The scheme ensures that the family remains in their home, while ownership is transferred to an approved housing body who in turn rent it to the original owners.

One case has been finalised with several more due to close by year end; however lenders have put forward in excess of 500 cases and currently are actively engaged with over 100 customers on Mortgage to Rent with a further 100 cases at an early stage in the process.

The numbers of completed transactions is low but significant progress has been made. All of the main lenders and so called sub - prime lenders are fully engaged and have instituted the necessary internal processes. It is also important to bear in mind that the transition from being a homeowner to a social housing tenant is a major one for families. Mortgage to rent or other such interventions cannot be rushed for any party. For example, the process provides a 60 day decision period and a 28 day cooling off period within the time frame of the scheme. My Department estimates that the overall time frame per case from start to completed transaction will be up to eight months . This compares favourably to the time frames in other jurisdictions operating similar schemes.

The level of ambition for next year under mortgage to rent and the prospective associated mortgage to lease arrangements will be determined largely in the context of the Estimates process for 2013. It will be essential to deal with any potential displacement effect for other categories of social housing need arising as a result of the wider roll-out of mortgage to rent.