Written Answers Nos 134-153
134. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if the rental accommodation scheme involves long-term leases and whether a landlord is entitled to terminate the agreement; the notices a landlord is required to give to a tenant; and, under the RAS scheme, is the local authority or the owner of the property the tenant's landlord. [6150/13]
View answerUnder the Rental Accommodation Scheme local authorities enter into contractual arrangements on behalf of tenants with accommodation providers, primarily in the private rented sector, to secure medium to long-term availability of rented accommodation. The lease on these units can vary from 1 year to over 10 years.
The RAS involves a three way contractual relationship between landlord, tenant and the housing authority. The housing authority is responsible for payment of the rent to the landlord and the landlord is contractually obliged to maintain the property in good condition and deal with any repair issues in a timely manner. For both the State and the tenant this ensures that there is better enforcement of standards in that all tenancies are registered with the Private Rental Tenancies Board (PRTB) and that landlords are tax compliant.
The tenant also has a contract with the housing authority, whereby they agree to pay a rental contribution to the authority based on the differential rent scheme and also agree not to engage in anti-social behaviour.
Accommodation provided under the Rental Accommodation Scheme is governed by the Residential Tenancies Act 2004, as amended. A l andlord can terminate the agreement entered into where particular circumstances prevail , if for example they wish to sell their rented property or where anti-social behaviour is an issue, subject to compliance with the provisions of the Act and the terms of the RAS agreement.
135. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the number of properties in Louth and Meath that are in the rental accommodation scheme. [6151/13]
View answerSince the Rental Accommodation Scheme commenced in late 2005 to the end of December 2012 some 1,208 and 781 households have been transferred from Rent Supplement to RAS and other social housing options respectively in Counties Louth and Meath. The table below sets out the annual transfer numbers:-
|
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
|
|
Louth |
17 |
169 |
158 |
281 |
201 |
197 |
156 |
29 |
|
Meath |
0 |
39 |
43 |
108 |
135 |
164 |
168 |
124 |
My Department does not hold information on the number of households in RAS at any given time. Numbers in RAS constantly vary as contracts end, tenants move on to other properties, landlords withdraw from the scheme, new tenancies are allocated or vacancies in contracted units are filled.
136. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the action he will take to tackle the problem of radon gas in homes; if such homes will be exempt from the household charge; [6162/13]
View answerThe Government, largely through the Radiological Protection Institute of Ireland (RPII), has worked to assess the extent of the incidence of radon in Ireland, and to increase public awareness of the issue. The Government’s approach to radon, which is similar to that of the majority of EU Member States, is to concentrate efforts on increasing public awareness of the risks posed by radon in the home. Through support for the RPII’s radon advice and awareness work, my Department is supporting efforts to raise public awareness of the risks posed by radon, particularly in the home. Householders, particularly those in known high radon areas, have been strongly encouraged to have their homes tested for radon and to undertake remediation works where necessary. Since 1998 the Building Regulations require all new buildings to incorporate radon protection measures at the time of construction.
Technical guidance on radon remediation techniques is available in a booklet issued by my Department, Radon in Buildings - Corrective Options, which is also available on my Department’s website. The RPII has also issued guidance, Understanding Radon Remediation - A Householders Guide, which is available on the Institute’s website at www.rpii.ie, together with a list of companies who can provide a radon remediation service and offer specific advice and recommendations. In addition, the RPII can be contacted for radon advice on freephone 1800 300 600.
An Inter-Agency Group, established in September 2011 under the leadership of my Department, has been tasked to develop a National Integrated Strategy for Radon Control. As part of this process, some potential approaches to addressing the radon issue have been developed, and these are currently the subject of a public consultation process. Further information on this process is available on my Department's website at www.environ.ie. 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. The Act does not include a waiver or exemption in connection with radon gas. The Household Charge operated during 2012 and is replaced by the Local Property Tax in 2013.
137. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government if a facility will be put in place for an individual in arrears on a non-principal private residence in order that he or she may pay his or her liability in full over a period; and if he will make a statement on the matter. [6244/13]
View answerThe Local Government (Charges) Act 2009 broadened the revenue base of local authorities by introducing the Non-Principal Private Residence Charge. The Charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties. It is a matter for an owner to determine if he or she has a liability and, if so, to declare that liability and pay the Charge.
Under the Act, it is a function of a local authority to collect the Non-Principal Private Residence Charge and late payment fees due to it, and all Charges and late payment fees imposed and payable to a local authority are under the care and management of the local authority concerned. In this regard, application of the legislation in particular circumstances is a matter for the relevant local authority. Guidelines have also been issued to local authorities in relation to the provisions of the Local Government (Charges) Act 2009, which address matters including the collection, care and management of the Charge. These make provision in established hardship cases for an agreed payment plan to be put in place.
138. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will advise on the matter concerning Dublin City Council and An Bord Pleanála refusing an alteration to a roof (details supplied) in Dublin 9, when many other houses in the same estate with similar renovation work were granted permission; the options available if there are discrepancies in planning approvals; and if he will make a statement on the matter. [6246/13]
View answerUnder section 30 of the Planning and Development Acts 2000 - 2011, I am, as Minister, specifically precluded from exercising any power or control in relation to any particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.
140. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if there are any retired public sector workers from his Department, or any other part of the public sector, currently on his Department's payroll, for example, for sitting on a committee or preparing a report, but not exclusively these two areas; the number on the payroll; the cost to his Department; the services being delivered for this money; and the way that the positions were originally advertised. [6264/13]
View answerRetired public and civil servants are engaged from time to time by my Department in areas where specific expertise is required for a short fixed period, and these staff provide a level of knowledge, experience and background compatible with such requirements. The abatement principle, which ensures that the fee paid plus pension does not exceed the rate of pay the pensioner would receive if he/she had continued service in their former post, applies to payments as appropriate . The tasks carried out include time bound tasks or projects such as membership of expert groups, occasional service on interview boards, value for money reviews and process audits.
There are currently 8 retired public servants working for my Department. The nature of the work involved, the costs and method of appointment is set out in the table below:
|
No. |
Role |
Cost |
Method of Appointment |
|
1 |
Assist Department in managing EU input at 27th Session of the Governing Council / Global nisterial Environment Forum of the United Nations Environment Programme
|
€14,080 # |
Excluding Order (3 month contract) |
|
1 |
Internal Audit Committee Member |
€1,197 max annual fee |
Secretary General Appointment |
|
1 |
Services Indicators Independent Assessment Panel |
€3,000 annual stipend |
Department Appointment |
|
1 |
National Traveller Accommodation C onsultative Committee Chair |
€4,489 annual fee |
Ministerial Appointment |
|
1 |
National Directorate F or fire & Emergency - Management Board Chair |
€9,450 annual fee |
Ministerial Appointment |
|
1 |
Examination of Final Accounts of Water Services Capital Projects |
€24,442 * |
Department Appointment |
|
1 |
Examination of Final Accounts of Water Services Capital Projects |
€24,103 * |
Department Appointment |
|
1 |
Process Auditor on Waterford Grouped Towns & Villages Sewerage Scheme |
€3,851 * |
Department Appointment |
# Includes Travel and Subsistence cost.
* These officers work on a fee per day rate and these figures reflect full costs in 2012.
In addition to the above, there are a number of retired public and civil servants carrying out work for the Department from time to time on a pro bono basis.
141. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if the Electoral (Amendment) (Political Funding) Act 2012 will treat unions in the same way that it treats corporations. [6281/13]
View answerThe Electoral (Amendment) (Political Funding) Act 2012 introduces new provisions along with amendments to the Electoral Acts to further enhance the openness and transparency of political funding in Ireland. In response to the Programme for Government commitment on corporate donations the new provisions in the Act include a ban on the acceptance of donations over €200 for political purposes from a corporate donor unless the donor has registered with the Standards in Public Office Commission. This came into effect on 1 January 2013. Corporate donor is defined in the Act as meaning a body corporate, an unincorporated body of persons or a trust, which makes a donation.
142. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government his views on whether the current allocation of emissions trading systems credits to the industry is appropriate, particularly in view of the fact that the allocation was based on the industry's high sales levels in previous years, and in view of reports that the cement industry is selling on these surplus credits. [6282/13]
View answerThe third phase of the EU Emissio ns Trading Scheme commenced on 1 January 2013 and will run over an eight year period to the end of 2020. Following a major revision to the trading scheme, approved in 2009, the third phase is significantly different to the first two phases; key differences include –
1. a single EU-wide cap on emissions instead of twenty seven national caps;
2. auctioning, rather than free allocation , is now the default method of allocating allowances; and
3. in specific cases where allowances are still issued free of charge, harmonised allocation rules apply which are based on ambitious EU-wide benchmarks of emissions performance.
Competitiveness concerns are addressed in the case of installations deemed to be exposed to significant risk of carbon leakage. Where i nstallations concerned reach the relevant EU-wide benchmark in principle , they wi ll receive a free allocation of allowances. Installations that fall short of the benchmark will receive a proportionately lower allocation of free allowances compared to their emissions, and therefore must reduce their em issions or buy allowances.
Under Commission Decision 2010/2/EU dated 24 December 2009, the manufacture of cement is a sector deemed to be exposed to a significant risk of carbon leakage. As the third phase of the trading scheme is only operational for a matter of days, it would be premature to draw any conclusions regarding the appropriateness of the agreed EU-wide allocation methodology.
143. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the amount of money held on deposit by each county and city council; the rate of interest at which the deposits are held; and if he will make a statement on the matter. [6327/13]
View answerDeposits held by county and city councils comprise cash balances and short term bank investments. Information on the rates of interest at which deposits are held is not available to my Department. The amount held on deposit by each county and city council at 31 December 2010, the latest year for which audited information is available, is set out below.
|
Local authority |
Total |
|
Carlow County Council |
8,327,465 |
|
Cavan County Council |
19,697,227 |
|
Clare County Council |
14,324,090 |
|
Cork County Council |
105,046,948 |
|
Donegal County Council |
344,431 |
|
Fingal County Council |
98,168,825 |
|
Dún Laoghaire Rathdown County Council |
126,941,360 |
|
Galway County Council |
58,454,645 |
|
Kerry County Council |
48,611,864 |
|
Kildare County Council |
56,513,285 |
|
Kilkenny County Council |
34,115,570 |
|
Laois County Council |
15,559,822 |
|
Leitrim County Council |
21,280,768 |
|
Limerick County Council |
30,397,730 |
|
Longford County Council |
22,854,669 |
|
Louth County Council |
22,045,125 |
|
Mayo County Council |
155,139 |
|
Meath County Council |
72,183,122 |
|
Monaghan County Council |
4,007,706 |
|
North Tipperary County Council |
35,589,002 |
|
Offaly County Council |
4,250,707 |
|
Roscommon County Council |
2,042,874 |
|
Sligo County Council |
3,021,128 |
|
South Dublin County Council |
34,160,741 |
|
South Tipperary County Council |
43,501,008 |
|
Waterford County Council |
6,467,900 |
|
Westmeath County Council |
25,128,871 |
|
Wexford County Council |
17,910,347 |
|
Wicklow County Council |
39,825,096 |
|
Cork City Council |
44,542,744 |
|
Dublin City Council |
81,483,415 |
|
Galway City Council |
4,411,348 |
|
Limerick City Council |
23,291,650 |
|
Waterford City Council |
75,796 |
144. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the amount of money held on deposit or in short-term bank investments by each Government or State agency or body under his Department's remit; the rate of interest at which the deposits are held; and if he will make a statement on the matter. [6334/13]
View answerDetails of the operation of the financial management function in bodies under the aegis of my Department are a matter for the individual agencies concerned. Information is collected by my Department from relevant bodies for the purpose of inputting to data on General Government Debt prepared by the Department of Finance. The following table sets out details of deposits held by such bodies at the end of 2012; information on rates of interest is not available.
|
Agency |
Deposits with Private Sector (as at 31 December 2012) €m |
|
An Bord Pleanála |
1.598 |
|
Environmental Protection Agency |
10.584 |
|
Housing and Sustainable Communities Agency |
0.855 |
|
Irish Water Safety |
0.291 |
|
Local Government Management Agency |
17.000 |
|
Private Residential Tenancies Board |
6.275 |
|
Radiological Protection Institute of Ireland |
1.080 |
|
Western Development Commission |
4.000 |
145. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if there is a mechanism to transfer a housing application from one local authority to another without having to submit a new application; and if he will make a statement on the matter. [6361/13]
View answerSections of the Housing (scellaneous Provisions) Act, 2009 dealing with social housing support, and related Social Housing Assessment Regulations, 2011, were commenced on 1 April 2011. These provisions introduced a new standard procedure for assessing applicants for social housing in every housing authority.
One of the important provisions of the new regulations is that a household may only apply to one housing authority for the purpose of determining whether or not they have a housing need. The idea behind the new arrangements is to streamline the process of applying for social housing support, both for the applicant and the local authority, while at the same time allowing a reasonable level of choice to households as to the areas in which they would like to receive social housing support. There is no provision in the regulations allowing applications to be transferred to a different local authority without having to make a new application.
However, under the regulations, a household may apply to the housing authority for the functional area:
- where it normally resides – this would include a household residing in rented accommodation, or
- where it has a local connection.
A household may then specify up to three areas of choice in any housing authority in the county. At least one of these choices must be in the functional area of the housing authority of application. Therefore, a household living in, or having a local connection with, a town council area may make a single application to that town council for housing support in the town but on that application may also express its choice to live in areas within the wider administrative county council area. Alternatively, a household living in, or having a local connection with, the county area may choose to apply to the county council, but also express areas of choi ce within the town council boundaries in the county. Eligible households will appear on the waiting lists of each of the authorities where they have expressed areas of choice.
146. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government if he will give an update on steps he is taking to assist the residents of Priory Hall, Dublin 13; and if he will make a statement on the matter. [6362/13]
View answerDublin City Council is the designated authority with powers to enforce the statutory requirements arising under the Fire Safety Act, the Building Control Acts and the Planning and Development Acts, all of which are at issue in relation to Priory Hall. The Council is also the designated Housing Authority under the Housing Acts. I am aware of the significant efforts that have been made by the Council to provide for the needs of residents to date and I understand that the Council will continue to work proactively on behalf of the residents towards achieving the much needed resolution of the issues at Priory Hall.
The resolution process, which I understand is on-going, arose in the context of legal proceedings which were adjourned to afford relevant parties the opportunity to work together, under the chairmanship of Mr. Justice Finnegan (retired President of the High Court), to identify a way forward in relation to the complex problems at Priory Hall . 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 Mr. Justice Finnegan the opportunity to complete the task which he is undertaking.
147. Deputy Niall Collins asked the Minister for Justice and Equality if he will specify his plans for the total number of Garda stations by the end of 2013, 2014 and 2015. [6089/13]
View answerAt the end of 2013 there will be 564 Garda stations in the State. By comparison with other similar jurisdictions this is still a high number. By way of comparison, there are 83 police stations in Northern Ireland for its population of 1.4 million and 340 stations in Scotland for its population of 5.2 million. In the London Metropolitan area, 66 police stations are due to close, leaving 73 police stations open to the public.
Each year the Commissioner prepares a Policing Plan which outlines his proposals for providing the policing service in the country for the following year. Among other things, these plans must include any proposals he has for the re-organisation of the Divisional or Regional network together with any plans he has for the closure of a Garda station. The plans for 2014 and 2015 have not yet been prepared, however, from discussions with the Garda Commissioner I understand that the current consolidation process will be largely completed by the end of this year and it seems unlikely at this point in time that there will be any further station closures in 2014 and 2015. The delivery of the most effective policing service possible to the public will of course remain the objective of future policing plans. It will be for the Garda Commissioner, using his professional judgement, to formulate such proposals, and he will continue to have my support in seeking to maximise the number of Gardaí on active frontline duty, preventing and detecting crime right across the country.
148. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality when he envisages acting on the report of the committee, chaired by Senator McAleese, into the Magdalen laundries. [6094/13]
View answerThe Report of the Committee is very comprehensive and tells a complex story about Magdalen Laundries. Approximately 10,000 women were admitted to the Magdalen Laundries in the period 1922 to 1996 and over 60% of them spent less than a year in these institutions.
Much of the information in the Report has never previously been made public and it provides an extraordinary insight not only into the operation of the Magdalen Laundries but also into the social realities of past times. It will take time to absorb the contents of the Report. The report will be given full consideration by the Government and there will be a debate in the Dail in two weeks time on the matter.
149. Deputy Joe McHugh asked the Minister for Justice and Equality his views on whether the cross-Border policing strategy acts as a deterrent to rural crime in Border counties and in the greater Dublin area. [6098/13]
View answerI am happy to say that there is close and ongoing co-operation between the Garda Síochána and the PSNI on all aspects of policing. The Garda Commissioner and the Chief Constable of the PSNI who are responsible for operational policing co-operation have repeatedly emphasised that the close and high quality co-operation between their forces has been instrumental in preventing attacks, combating criminality and saving lives. Notably, the two police forces operate a joint Cross Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island. All of these are important elements in enabling the two forces to work more effectively together in tackling crime and promoting community safety for all communities on this island.
The Cross Border Policing Strategy includes sections dealing with Operations, Cross-border Investigations, Intelligence-sharing and Security, Information and Communications Technology, Training, Human Resources, and Emergency Planning and both Forces are jointly engaged in developing initiatives in these areas. I would point out also that the Strategy recognises the value of interagency co-operation in certain areas. The two Police Services work closely with the Customs Services North and South and with other relevant law enforcement agencies in combatting cross-border organised crime and have had a number of significant successes in disrupting fuel smuggling and tobacco fraud activities. There is also proactive co-operation with the Irish and British immigration services in managing the Common Travel Area on the island of Ireland. The Cross Border Policing Strategy is a positive and dynamic step in further enhancing and developing joint efforts between the police services on this island to address the common policing challenges which crime presents and, thereby, to underpin efforts to improve community safety.
150. Deputy Willie Penrose asked the Minister for Justice and Equality the steps he will take to ensure that a Garda station (details supplied) in County Westmeath is immediately refurbished and appropriate maintenance afforded to it, such as painting and decorating; and if he will make a statement on the matter. [6111/13]
View answerThe programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda authorities working in close co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation. I have been informed by the Garda authorities that while there are currently no plans for upgrade works at the Garda station referred to by the Deputy the on-going requirements of the station are being kept under review.
151. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on the matter of the victims of the Stardust fire; and if he will make a statement on the matter. [6142/13]
View answerThe issuing of death certificates is a matter for my colleague Minister for Social Protection Joan Burton. I would advise the Deputy to supply all details to my colleague's Department to allow the relevant enquires to be made.
152. Deputy Brian Stanley asked the Minister for Justice and Equality the number of gardaí stationed in County Laois at present; and the number based in the county in each of the past four years. [6149/13]
View answerI am informed by the Garda authorities that the personnel strength of the Laois/Offaly Garda Division on 31 December 2009, 2010, 2011 and also 31 December 2012, the latest date for which figures are readily available, was as set out in the table below:
|
2009 |
2010 |
2011 |
2012 |
|
327 |
320 |
304 |
289 |
There are also 31 Garda Reserves and 20 Civilians attached to the Laois/Offaly Garda Division.
The Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
153. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality since the establishment of the Refugee Appeals Tribunal, the number of decisions, per year, quashed by the High Court on judicial review; the number of cases, per year, settled by the State after judicial review proceedings were instituted; and the cost to the State rising from same. [6152/13]
View answerAt the outset it should be noted that since its establishment in late 2000 to end 2012, 40,865 cases were decided by the Refugee Appeals Tribunal. The total number of cases (1,271) in the categories referred to by the Deputy amount to 3.1% of these. The information requested by the Deputy is as follows.
|
Year |
Judicial Reviews Quashed |
Judicial Reviews Settled |
|
2001 |
0 |
10 |
|
2002 |
0 |
55 |
|
2003 |
1 |
71 |
|
2004 |
1 |
130 |
|
2005 |
2 |
188 |
|
2006 |
9 |
223 |
|
2007 |
12 |
176 |
|
2008 |
14 |
170 |
|
2009 |
14 |
51 |
|
2010 |
22 |
29 |
|
2011 |
13 |
36 |
|
2012 |
14 |
30 |
A breakdown of costs attributable to each category in the above table over the period in question is not readily available. However figures relating to the annual legal costs of the Tribunal over this period are set out in the annual reports of the Tribunal which are available on the Tribunal's website (www.refappeal.ie). The figures in respect of 2012 are not yet available. In looking at these figures, I should point out that the legal costs figures in the Tribunal's reports up to and including 2006 include Tribunal Members fees.
