Written Answers Nos. 362-378
362. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if he has received a submission from Sligo Borough Council seeking grant aid for the refurbishment of the Gate House at Doorly Park, County Sligo, to allow it to be used as a resource house by the local community in the Doorly Park/Martin Savage Terrace area; and if he will make a statement on the matter. [13624/13]
View answerAn outline proposal for securing the property referred to was included in the Regeneration Work Programme for 2013 as put forward by Sligo Borough Council.
My Department requested that the Borough Council submit a detailed project appraisal for the proposed works. The matter will be further considered when this is received.
363. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will meet with the Kerry Oireachtas Members and a delegation from Kerry County Council as a matter of urgency to discuss the 2013 housing grants allocation that has been reduced by 56% on the 2012 allocation; and if he will make a statement on the matter. [13718/13]
View answerOn 22 February 2013 I announced capital allocations to local authorities under the suite of Grants for Older People and People with a Disability amounting to €42.750 million. In allocating the available funding across all 34 city and county councils I did so in as transparent and as fair a way as possible. In framing the 2013 allocations, my Department wrote to each local authority requesting details of the numbers and value of grant s where work had been approved to commence. Between them, local authorities reported contractual commitments in respect of approved grants totally €18 million. This year I allocated local authorities the full amount of their contractual commitments which, in the case of Kerry County Council, amounted to €838,493. The balance of the available funding was allocated on the basis of each authority’s share of the new applications on hand in January 2013. This brought Kerry County Council’s overall allocation to €1,445,971.
In order to deal with any acute or particular difficulty which might arise in the operation of the schemes over the course of the year I have set aside a small capital reserve . My Department will consider applications from local authorities for a supplementary allocation in such cases . A submission in this regard was received from Kerry County Council on 15 March, and it will need to be examined in the context of the available funding and the requests already received from other authorities; I do not propose , therefore, to make any decisions in relation to supplementary allocations at this time. In the circumstances, meetings with public representatives would not therefore for the present serve any useful purpose.
364. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if Irish Water or relevant local authorities will have the ownership of the combined drainage networks in many towns where these networks lead directly to the sewerage plants which will be operated by Irish Water but will also collect surface water from the public streets; and if he will make a statement on the matter. [13719/13]
View answer366. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the role of Irish Water in relation to surface water drainage schemes in streets in many towns throughout the country when the pipes go directly to the sewerage scheme; the role of Irish Water in dealing with flooding on the public streets when this is caused as a result of blocking in the piping network that links directly to the sewerage plants; and if he will make a statement on the matter. [13721/13]
View answerI propose to take Questions Nos. 364 and 366 together.
The Water Sector Reform Implementation Strategy , which is published on my Department’s website, is focused on ensuring that appropriate policy and legal frameworks are put in place for Irish Water and the water sector. The Implementation Strategy provides clarity on the steps involved in this process and the key milestones and deliverables to be achieved this year.
In the context of broader water governance issues , work is currently being advanced to identify and clarify boundary issues between functions which will transfer to Irish Water and those remaining with local authorities; this work includes determining responsibility for the areas referred to in the questions.
365. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the amount of money that has been spent on the purchase of land for future roads projects in every county council in the south east region each year for the past three years; and if he will make a statement on the matter. [13704/13]
View answerI have no function in relation to the matter raised in the Question and the information requested is not available in my Department.
367. Deputy Joe Higgins asked the Minister for the Environment, Community and Local Government if decisions by the An Bord Pleanála Appeals Board are binding on county council and city council managers; and if parties successfully taking cases to the An Bord Pleanála Appeals Board have any statutory recourse if they believe decisions made in their favour have not been enforced. [13744/13]
View answerDecisions by An Bord Pleanala are binding and the validity of a decision taken by the Board may only be questioned by making an application for judicial review under Order 84 of the Rules of the Superior Courts. Any such application for judicial review does not involve the courts adjudicating on the merits of a proposed development from the perspectives of the proper planning and sustainable development of the area and/or effects on the environment.
An Bord Pleanála has no powers of enforcement. Enforcement of planning decisions, whether made by the Board or a planning authority, and interpretation of conditions imposed in decisions are primarily the responsibility of the local planning authority. In accordance with enforcement provisions in Part VIII of the Planning and Development Act s 2000 - 2012, a planning authority must follow up on written complaints made to it by members of the public regarding unauthorised development , including non-compliance with planning decisions. Any person may apply to the High or Circuit Courts for an injunction in relation to unauthorised development in certain circumstances.
368. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the reason the Rural Resettlement Ireland Limited, a State funded organisation with charitable status, has not paid compensation to workers made redundant last year in line with an Labour Relations Commission recommendation; and if he will have the matter investigated. [13873/13]
View answerRural Resettlement Ireland Limited is a housing body approved under Section 6 of the Housing (Miscellaneous Provisions) Act 1992 for the purpose of the provision of housing relief. While my Department has provided financial support to Rural Resettlement Ireland and other not-for-profit organisations which provide advice, research, training and other supports ( including representative services and advocacy ) in the area of housing, I have no function in how such bodies implement Labour Relations Commission recommendations.
369. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if there were specific statutory or regulatory provisions in place regarding information on the rights of citizens who have legal rights to consultation in environmental matters prior to the establishment of Irish Water; if this is in line with European rules and regulations; and if he will make a statement on the matter. [13942/13]
View answerIn January 2012 my Department initiated a public consultation process seeking views in relation to the development of an implementation plan for Water Sector Reform. The consultation paper and a copy of the independent assessment which examined the optimal organisational structure for the Irish Water utility have been published on my Department’s website.
The development of the Implementation Strategy for Water Sector Reform was informed by the consultation process , in response to which almost 300 submissions were received. The Implementation Strategy, which has also been published on my Department’s website, is guiding the roll out of the reform process.
370. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application for funding to Mayo North East LEADER (details supplied) in County Mayo; when a decision will issue; and if he will make a statement on the matter. [13966/13]
View answerOn foot of correspondence received in 2011 regarding a possible governance issue at Mayo North East LEADER Partnership Company, a comprehensive investigation into the issues outlined was instigated. This proved to be a very complex investigation and, on foot of its initial findings and in the context of my Department’s responsibility to ensure that Rural Development Programme (RDP) funding is delivered in an efficient and effective way, a decision was made to suspend project approvals by the Partnership on 7 March 2012. However, the issuing of payments to eligible approved applications is progressing as normal.
The Final Report of the investigation has been provided to the Department of Agriculture, Food and the Marine as Managing Authority for the RDP. The Managing Authority has subsequently reported the findings to the European Commission and the external accreditation auditors (Deloitte). The findings of the investigation have also been reported to both the Garda Bureau of Fraud Investigation and the Standards in Public Office Commission and consideration of these findings will be subject to the relevant processes in these bodies. The Report has been considered in my own Department and an Action Plan has been agreed with the Department of Agriculture, Food and the Marine. My Department has also agreed a series of actions to be undertaken by Mayo North East LEADER Partnership Company (MNELP).
The project referred to in the question, by Lahardane Community Council Ltd, involves a grant amount in excess of €150,000 and as such is required to undergo an approvals process within my Department. Approval of such projects is currently on hold in line with the process outlined above until the actions to be undertaken by MNELP are completed to my satisfaction.
In the coming period, if and when these actions are completed to the satisfaction of my Department, and if adherence to all other regulatory and governance requirements is assured, the suspension of project approvals by MNELP will be reviewed.
371. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the number of persons in social housing or awaiting social housing in the areas of Ballymun and Finglas, Dublin, respectively. [13973/13]
View answerMy Department collates and publishes a wide range of housing and planning statistics that inform the preparation and evaluation of policy, and those data are available on my Department’s website www.environ.ie.
The 2011 assessment of housing need, available on the website, provide s an analysis of housing need broken down by county, city, borough and town councils but data are not collated at the level of detail necessary to identify districts such as Ballymun and Finglas.
372. Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government in view of the introduction of the local property tax, if he has any plans to introduce legislation reforming the system of commercial rates, taking into account the state of our domestic economy and the strain that many small businesses are under, the need to retain vibrant town centres, and the irregularities in the system of valuations for such rates; and if he will make a statement on the matter. [14356/13]
View answerLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The Commissioner for Valuation has sole responsibility for all valuation matters, including the most appropriate method of valuation. The levying and collection of rates are matters for each individual local authority.
It is important to acknowledge that commercial rates, as a local tax, and the rating system generally are deeply embedded in the local government system. A large body of case law is well established and local authorities and ratepayers are, in the main, very familiar with, and generally accepting of, the operation and practice of the rating system. Rates also provide a stable source of financing for local government which is not affected unduly by short-term changes in economic circumstances.
I am acutely aware of the pressures on small and medium sized businesses at the present time. Local authorities have been asked by my Department to exercise restraint or, where possible, to reduce commercial rates and local charges for 2013. Local authorities have responded well to such requests in recent years and in 2013, 87 out of the 88 rating authorities have either reduced their ARV or kept it the same as in 2012.
I have no immediate plans to amend the legislation governing commercial rates. I am however, keeping the approach to rates by local authorities under active review, and am determined that every avenue will be pursued to optimise efficiency and contain costs in the local government sector.
374. Deputy Michael Moynihan asked the Minister for the Environment, Community and Local Government if he will provide an update on the proposal that EU funding for Leader groups (details supplied) will now be channelled through Kerry County Council as distinct from the South Kerry Partnership Limited. [14360/13]
View answerThe value of Leader funding and the detailed regulations for its implementation are yet to be agreed for the next programming round. My Department is now engaged with various stakeholders in considering the arrangements to pursue greater alignment between local government and local development in line with the decisions on reform set out in the Action Programme for Effective Local Government Putting People First.
The funding levels, the detailed regulations and the alignment implementation arrangements will all be important factors in identifying the optimum programme arrangements for any rural development funding to be implemented via LEADER in the next EU programming round. New arrangements will consider the role s of central and local government, and the continued role of local development companies in programme implementation.
Overall, it is my objective that all local development funding, including LEADER, will be delivered in a way that maximises impact for communities and value for money.
375. Deputy Heather Humphreys asked the Minister for Justice and Equality his plans to carry out an assessment of the free legal aid scheme and to review the criteria for awarding free legal aid; if he will consider looking at a mechanism whereby persons who continue to re-offend will not qualify for free legal aid; and if he will make a statement on the matter. [14120/13]
View answerThe Deputy may wish to note that total expenditure on the Criminal Legal Aid Scheme for 2012 came to €50.5 million which represented a reduction of 10% over 2011. This is the largest reduction in the annual expenditure ever recorded and represents a fall of approximately €10 million, or 16%, over the peak recorded in 2009. This follows a number of measures introduced since I came into office including significant cuts to practitioners' fees during 2011.
Under the Criminal Justice (Legal Aid) Act 1962 the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid him/herself. The Act specifies that the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act.
The Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if he/she cannot afford to pay for legal representation there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend him/herself in person or through legal assistance of his/her own choosing or, if he/she has insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution. My overriding concern must be to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
A new Criminal Legal Aid Bill is being drafted to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Consideration is being given to including in the Bill provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute cases of abuse. Provision to give power to the Legal Aid Board to recover the costs of criminal legal aid or to make application to a court to revoke a criminal legal aid certificate are also under consideration. These provisions will have regard to a person's rights to the presumption of innocence, to a fair trial and to be given legal aid, where appropriate. I hope it will be possible to publish the Bill during the course of this year.
376. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will respond to correspondence sent to him regarding an application to remain here under the 2004 student probationary extension in respect of a person (details supplied) in Dublin 2; if this application will be approved in view of the fact that the applicant commenced studies in December 2004; and if he will make a statement on the matter. [14144/13]
View answerAs a final measure in fully implementing the student immigration rules which commenced on 1 January 2011, a student probationary extension has been made available to those non-EEA students who first registered their residence in Ireland as a student on or before 31 December 2004 and who commenced their studies in Ireland on or before 31 December 2004. Students who satisfy these criteria may apply for the special probationary extension.
Following an examination of this case INIS has determined that the student referred to first registered his residence as a student in Ireland in January 2005 and from enquiries made with his college that he commenced his course of studies in January 2005. Having regard to this, the student is therefore not eligible for the 2004 Student Probationary Extension.
It is also important that the 2004 Probationary Extension be considered in the context of the overall transitional arrangements implemented in respect of non-EEA students resident in Ireland on 1 January 2011. Special provisions were made to facilitate non-EEA students who became “timed out” as a result of the rules introduced on 1 January 2011. These provisions were extended on several occasions since the introduction of the student immigration rules to allow "timed-out" students to complete their studies, avail of post-study pathways or to secure alternative immigration permission, for example by way of an employment permit. I understand that the student in this case has availed of the special ‘timed out’ permission since 30 September 2011.
The fact that the student is not eligible to avail of the 2004 Student Probationary Extension will not prejudice any other applications that the student wishes to make to INIS regarding their immigration permission.
377. Deputy Charles Flanagan asked the Minister for Justice and Equality if he will clarify the status of the panel of applicants in respect of Garda recruitment; if and when recruitment commences, if consideration will be given towards accepting panellists, some of whom have been on an entry panel in excess of two years; and if he will make a statement on the matter. [14146/13]
View answerI intend bringing proposals to Government shortly in relation to the strength of the Garda Síochána and when recruitment might recommence. While no final decision has been taken in relation to the recruitment panel created as a result of the last recruitment process, the fact that this panel is now approximately five years old gives rise to significant issues which will have to be taken into account.
378. Deputy Terence Flanagan asked the Minister for Justice and Equality if there is a way for owners who are not directors of a management company to take control of their management company under the Multi-Unit Developments Act when AGMs are being held; and if he will make a statement on the matter. [14204/13]
View answerAn owners' management company in a multi-unit development is a company registered under the Companies Acts. Therefore, the position is that the appointment and removal of directors of a company are regulated, not under the Multi-Unit Developments Act 2011, but under the Companies Acts and under the Articles of Association of the company.
Section 16 of the Multi-Unit Developments Act 2011 deals with the issue of life-long or long-term directors of owners’ management companies. In certain circumstances, directors appointed by a developer were entitled to remain as directors for life. The section provides that this shall not be permitted after the coming into operation of the section (1 April, 2011). A director shall not be permitted to have a term exceeding 3 years in the first instance. Where such a situation exists at present, the director must relinquish the position within 3 years of the coming into operation of the section.
