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Thursday, 31 Jan 2013

Written Answers Nos. 140-149

Private Rented Accommodation Provision

Questions (141)

Finian McGrath

Question:

141. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if landlords may refuse tenants on rent supplement; the notice a landlord must give to tenants to force them to leave; and if this is a Private Residential Tenancy Board issue. [4950/13]

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Written answers

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Act sets out the law relating to the rights and obligations of tenants and landlords in the sector covering, inter alia, security of tenure and the termination of tenancies.

The maximum duration of a tenancy under the Act is four years, after which a new tenancy must be registered with the Board. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months, and no notice of termination has been served in respect of the tenancy before the expiry of the period of 6 months, the tenancy continues in being for the remainder of the four year period and this is referred to in the Act as a Part 4 tenancy. A landlord may not serve a notice of termination on such a tenant except in very clearly defined circumstances such as a failure by the tenant to comply with his or her obligations in relation to the tenancy, where the landlord intends to sell the property within 3 months after the termination of the tenancy or where the landlord requires the dwelling for his or her own occupation or for that of a family member.

The employment status of a tenant, or whether the tenant is in receipt of rent supplement, has no impact on the tenant’s legal rights to remain in the tenancy for the remainder of the Part 4 tenancy and any changes in that status cannot be used by a landlord as grounds for termination of a Part 4 tenancy.

Private Rented Accommodation Provision

Questions (142)

Finian McGrath

Question:

142. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the advice and support available to a person (details supplied). [4954/13]

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Written answers

I have no function in the operational matters of the Private Residential Tenancies Board (PRTB), an independent statutory body established under the Residential Tenancies Act 2004, and cannot therefore comment on the specifics of any individual case.

Deontais faoi Údarás na Gaeltachta

Questions (143)

Éamon Ó Cuív

Question:

143. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Comhshaoil, Pobail agus Rialtais Áitiúil an bhfuil sé i gceist aige deontas méadaithe 50% a chur ar fáil do dhaoine ar oileáin amach ón gcósta nach bhfuil ceangailte leis an mórthír le droichead chun uasghrádú a dhéanamh ar a gcuid córais eisiltigh de bharr an chostais bhreise a bhaineann le tógáil ar oileáin; agus an ndéanfaidh sé ráiteas ina thaobh. [5016/13]

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Written answers

D'fhógair mé le déanaí go raibh sé ar intinn agam scéim deontais a chur ar fáil le cúnamh airgeadais a sholáthar do theaghlaigh lenar gá dóibh feabhsúchán nó ceartú a dheanamh ar a mhúnlaigh umair agus a gcórais chóireála fuíolluisce tar éis iniúchadh faoin Acht um Sheirbhísí Uisce (Leasú) 2012. Tá foráil le haghaigh na scéime á dhéanamh i Vóta mo Roinne do 2013. Bainfidh an scéim le córais cóireála atá cláraithe ag an dáta dlite, 1 Feabhra 2013, agus gur gá oibreacha feabhais a chur i gcrích mar gur theip ar an gcóras le linn iniúchadh a rinneadh faoin Acht 2012. Brathann an méad deontais a bheidh ar fáil ar chostas na feabhsúcháin a chaithfear a dheanamh agus ioncam an teaghlaigh lena mbaineann an córas. Beidh leibhéal níos airde tacaíochta ar fáil do theaghlaigh ar ioncaim íseal. Beidh sonraí iomlána na scéime leagtha amach i rialacháin nua a thabharfaidh mé chun críche sara thosnaíonn na hiniúchtaí níos déanaí i mbliana.

Household Charge Collection

Questions (144)

Éamon Ó Cuív

Question:

144. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the number of households estimated to be liable for the household charge in each county; the number who have paid; the percentage paid in each county; and if he will make a statement on the matter. [5054/13]

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Written answers

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 Household Charge, unless otherwise exempted or entitled to claim a waiver. It is a matter for an owner of a residential property to determine liability and pay the Charge. The Local Government Management Agency is administering the Household Charge system on a shared service/agency basis for all county and city councils.

The attached table details, as of 28 January 2013, the total number of payments and waivers registered for the Household Charge by local authority area, the number of estimated liable properties, and the percentage of the properties registered per estimated number of liable properties.

County/City

Council

Properties registered (paid)

Properties registered (waivers)

Total Properties

Registered

Estimated

No.

of Liable

properties

Properties Registered

as a %

of Liable

Properties

Carlow

12,515

322

12,837

18,257

70.31%

Cavan

16,683

1,153

17,836

25,611

69.64%

Clare

33,675

439

34,114

45,786

74.51%

Cork City

28,546

176

28,722

41,649

68.96%

Cork County

94,988

2,644

97,632

143,887

67.85%

Donegal

37,689

547

38,236

65,331

58.53%

Dublin City

140,046

1,212

141,258

190,685

74.08%

Dún Laoghaire-Rathdown

63,981

406

64,387

74,390

86.55%

Fingal

61,707

2,309

64,016

90,286

70.90%

Galway City

21,191

59

21,250

27,086

78.45%

Galway County

42,541

747

43,288

62,851

68.87%

Kerry

44,079

330

44,409

58,792

75.54%

Kildare

45,623

1,786

47,409

68,215

69.50%

Kilkenny

21,973

535

22,508

32,067

70.19%

Laois

16,717

376

17,093

26,185

65.28%

Leitrim

9,243

204

9,447

13,069

72.29%

Limerick City

14,187

226

14,413

20,380

70.72%

Limerick County

32,065

714

32,779

46,473

70.53%

Longford

8,709

601

9,310

12,928

72.01%

Louth

25,329

1,018

26,347

41,176

63.99%

Mayo

39,721

998

40,719

51,363

79.28%

Meath

38,955

992

39,947

60,652

65.86%

Monaghan

14,075

294

14,369

20,176

71.22%

North Tipperary

18,043

536

18,579

24,839

74.80%

Offaly

15,603

413

16,016

25,224

63.50%

Roscommon

17,023

427

17,450

23,888

73.05%

Sligo

18,623

286

18,909

25,281

74.80%

South Dublin

53,528

414

53,942

81,822

65.93%

South Tipperary

21,100

327

21,427

30,368

70.56%

Waterford City

10,749

168

10,917

15,753

69.30%

Waterford County

16,781

157

16,938

24,777

68.36%

Westmeath

20,593

370

20,963

29,872

70.18%

Wexford

36,647

1,273

37,920

56,030

67.68%

Wicklow

32,294

495

32,789

45,665

71.80%

National

1,125,222

22,954

1,148,176

1,620,814

70.84%

Septic Tank Registration Scheme

Questions (145)

Éamon Ó Cuív

Question:

145. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government if it is obligatory to register a private waste water system in a house that is currently uninhabitable; if the house is repaired and is made habitable and the owner then registers the waste water system will they be eligible for the new grant for the upgrade of waste water systems; and if he will make a statement on the matter. [5056/13]

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Written answers

The Water Services (Amendment) Act 2012 requires that all owners of premises connected to domestic waste water treatment systems must register their system on or before 1 February 2013. This includes owners of premises which may for the time being be unoccupied, unless the treatment system serving the property has been emptied and de-commissioned. Septic tanks and other domestic waste water treatment systems which have not been emptied and de-commissioned will contain sludge and waste waters which may constitute a risk to public health or the environment.

I recently announced my intention to introduce a grant scheme to provide financial assistance to households whose septic tanks and other domestic wastewater treatment systems require remediation or upgrading following inspection under the Water Services (Amendment) Act 2012. The scheme will apply to treatment systems which have been registered by the due date of 1 February 2013 and which are deemed to require remediation having failed an inspection carried out under the 2012 Act. Full details of the scheme will be defined in regulations which I will make in advance of inspections commencing later this year.

Departmental Programmes

Questions (146)

Éamon Ó Cuív

Question:

146. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 75 of 6 December 2012, the reason the information promised has not been provided; and if he will make a statement on the matter. [5057/13]

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Written answers

The majority of CLÁR measures were closed to applications in 2008. While some measures accepted applications in 2009 and 2010, all were subsequently closed to new funding requests.

All of the remaining commitments under the CLÁR Programme relate to already approved Sports Capital projects. The lead Department for these projects and the source of the majority of funding for the sports clubs and community groups involved is the Department of Transport, Tourism and Sport.

In the years 2002-2012, some €137m was expended under the CLÁR Programme and provision was made for €0.3m for this year to meet existing commitments.

The information requested in Question No. 75 of 6 December 2012 was not available in the format requested at that time. It has since been compiled by my Department and the table below details the breakdown on a county basis for the period 2002 to 2012.

Table CLÁR Expenditure By County by Year 2002 to 2012

COUNTY

2002

2003

2004

2005

2006

2007

2008

2009

2,010

2011

2012

 

Carlow

0

0

0

0

0

96,633

133,935

0

0

0

0

Cavan

862,755

808,301

704,741

1,283,033

1,348,860

1,044,001

721,885

243,889

25,178

1,818

0

Clare

987,591

544,665

1,270,569

1,630,756

1,494,120

1,010,826

2,112,053

1,555,134

239,401

33,477

0

Cork

1,230,440

589,760

769,792

670,102

2,238,509

1,740,706

2,563,897

1,537,062

299,807

25,460

6,673

Donegal

1,073,862

946,670

984,888

1,399,037

1,691,605

1,974,963

1,669,663

2,535,214

332,812

22,659

2,955

Dublin

0

0

0

0

0

5,058

0

0

0

0

0

Galway

976,307

159,333

1,756,410

1,369,626

970,561

1,195,531

2,399,487

1,277,348

273,146

40,887

27,406

Kerry

1,468,524

638,618

931,777

1,003,080

1,819,936

1,671,758

2,125,042

868,204

1,820,310

94,594

1,491

Kildare

0

0

0

0

0

0

0

0

0

266

0

Kilkenny

0

0

0

0

20,038

216,171

51,294

0

6,932

0

0

Laois

0

0

0

0

206,706

109,067

149,763

26,000

3,040

0

0

Leitrim

1,882,397

1,083,257

1,581,902

595,841

2,782,131

1,587,227

1,514,200

1,257,700

276,684

20,578

18,840

Limerick

90,000

38,000

25,601

15,000

290,775

264,997

443,205

89,861

31,750

5,000

0

Longford

335,793

221,577

175,184

239,383

542,396

563,691

277,894

50,219

3,360

1,524

18,704

Louth

287,034

330,421

379,532

168,951

204,398

220,943

110,590

8,000

630

0

0

Mayo

2,326,138

1,280,046

1,631,275

2,474,475

4,911,704

5,434,527

4,297,181

2,290,648

1,870,430

30,564

481

Meath

87,170

10,000

34,049

25,284

36,770

71,249

102,435

16,100

0

0

0

Monaghan

200,666

154,936

200,482

266,812

734,841

817,112

1,022,568

167,114

200,123

1,414

0

Offaly

0

0

0

0

104,755

35,244

294,234

47,300

0

0

0

Ros-common

1,121,942

951,788

590,674

1,103,716

1,492,704

1,993,496

2,309,019

1,101,104

146,217

53,284

4,102

Sligo

854,428

523,049

642,272

752,065

1,554,607

459,783

1,088,932

277,124

76,146

14,682

10,425

Tipperary North

134,234

53,299

194,436

89,991

256,770

195,832

109,882

62,824

31,300

1,200

0

Tipperary South

120,000

79,013

37,398

22,553

154,343

168,955

197,173

57,339

70,500

0

0

Westmeath

100,040

21,459

65,065

69,292

71,194

126,118

177,539

126,660

14,150

350

0

Waterford

0

178,408

140,318

281,422

82,667

310,474

277,351

3,401

0

508

0

Wicklow

0

0

0

0

0

15,000

29,247

0

0

0

0

Total

14,139,318

8,612,597

12,116,365

13,460,419

23,010,390

21,329,362

24,178,470

13,598,246

5,721,918

348,265

91,077

Departmental Agencies Board Appointments

Questions (147)

Billy Kelleher

Question:

147. Deputy Billy Kelleher asked the Minister for Justice and Equality if he will provide in tabular form the number of organisations or agencies under the aegis of his Department that have vacancies on their board; the length of time any such vacancies have been unfilled; the number of vacancies that have been advertised; the number of applications to fill such vacancies that have been received; and if he will make a statement on the matter. [4863/13]

View answer

Written answers

I wish to inform the Deputy that the information sought regarding vacancies on the Board of organisations and agencies under the aegis of my Department is detailed below.

The Private Security Authority (PSA), an independent agency under my remit, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. There are 11 vacancies on the Board, four of these will be nominated representatives from my own Department, the Department of Jobs, Enterprise and Innovation, An Garda Síochána and the PSA itself.

Board

Number of Vacancies to be filled

Date from which Vacancies remain unfilled

Number of Vacancies advertised

Number of Applications received

Private Security Authority (PSA)

11

03/12/2012

7

29

The Deputy may also wish to note that the General Scheme of a Bill to replace the Equality Authority and the Human Rights Commission with a new Irish Human Rights Equality Commission was published on the 5th June 2012. There are currently no serving members on either body. As the Deputy will be aware, an independent Selection Panel was set up to select the members of the new Commission. It is expected that the selection process for Commission members will be completed shortly. Once the selection panel have made a decision on their recommendation and communicated that decision to me, the intention is that the successful applicants will be appointed to the two existing bodies, the Equality Authority and the Human Rights Commission, pending enactment of the necessary legislation to effect the merger. It is also intended that the successful applicants will meet with the Joint Committee on Justice, Defence and Equality.

Departmental Expenditure

Questions (148)

Heather Humphreys

Question:

148. Deputy Heather Humphreys asked the Minister for Justice and Equality the amount of funding allocated to the free legal advice centres and the proportion spent on promotional material; and if he will make a statement on the matter. [4884/13]

View answer

Written answers

I am to advise the Deputy that this year my Department will make available a grant of €98,000 to Free Legal Advice Centres. I can also advise the Deputy that FLAC (Free Legal Advice Centres) is an independent human rights organisation and is not under the aegis of my Department. Consequently I am not in a position to advise on the proportion of funding that is spent on promotional material.

Residency Permits

Questions (149)

Aengus Ó Snodaigh

Question:

149. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the position regarding an application in respect of a person (details supplied). [4904/13]

View answer

Written answers

The person concerned has requested a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. However, given that all information and documentation required to make a decision is not on file at present, a representative of the Irish Naturalisation and Immigration Service has written to the person concerned, by letter dated 8th August, 2012, requesting clarification and further documentation. Upon receipt of the requested clarification and documentation, the case of the person concerned will be further considered.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

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