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Tuesday, 26 Mar 2013

Written Answers Nos. 360-377

Broadband Services Provision

Questions (360)

Nicky McFadden

Question:

360. Deputy Nicky McFadden asked the Minister for Communications, Energy and Natural Resources if he will provide information on the current standard of broadband provided to second level schools in Longford and Westmeath; and if he will make a statement on the matter. [15175/13]

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Written answers

All post-primary schools in Ireland will have a 100 Mbps broadband connection installed by the end of 2014, through a project jointly funded by my Department and the Department of Education and Skills (DES).

The national rollout, which commenced in 2012, will be completed on an incremental basis. In 2012, 200 schools were connected across 14 Counties, including Counties Longford and Westmeath. The total number of schools now connected across the country stands at 278.

All second level schools in Longford and Westmeath have a 100 Mbps high speed connection except for one school in Westmeath, which will be connected following the completion of major building work at the school.

National Wind Energy Strategy

Questions (361)

Seán Kyne

Question:

361. Deputy Seán Kyne asked the Minister for Communications, Energy and Natural Resources the progress, if any, in facilitating schools and community organisations from receiving credits for the unused electricity generated by their wind turbines which is currently fed into the national grid without any recompense to the micro-generators; and if he will make a statement on the matter. [15234/13]

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Written answers

Electric Ireland has been offering a 9c/kwh feed in tariff, on a commercial basis under specified terms and conditions, to domestic micro-generators since February 2009. No other electricity supply company has to date chosen to enter the market and to offer a micro-generation feed-in-tariff on a commercial basis, although the Commission for Energy Regulation invited them to do so.

ESB have indicated that there are currently 622 micro-generators connected to the distribution grid, of which 550 are in Electric Ireland’s Domestic Micro-generation Export Tariff Payment Scheme. All Electric Ireland customers in the micro-generation scheme are domestic customers, as it is a domestic scheme only. However, not all domestic micro-generators are on Electric Ireland’s domestic micro-generation export tariff payment scheme, as they are with other electricity suppliers who don’t offer such a scheme to their customers.

In 2009, the Sustainable Energy Authority of Ireland (SEAI) initiated a pilot micro-generation programme. This involved 42 installations of various micro-generation technologies. Monitoring of the installations took place and is now complete. A final monitoring report on the performance of the installations and learning from the programme is expected shortly from SEAI. This will inform future policy development.

The Sustainable Energy Authority of Ireland (SEAI) has also provided my Department with some initial analysis on whether micro-generation could be incorporated into the new Pay As You Save Scheme, to be launched soon in respect of energy efficiency measures. This will be further considered by my Department.

In view of falling technology costs, the Department has also asked SEAI to update analysis on the costs of varying levels of support for micro-generation technologies, with a view to considering how the sector could be supported in the future. I understand that SEAI has recently engaged specialist assistance in this regard.

Broadband Services Provision

Questions (362)

Seán Kyne

Question:

362. Deputy Seán Kyne asked the Minister for Communications, Energy and Natural Resources if there are procedures in place to support relatively new broadband internet service providers in increasing quality broadband provision for those citizens residing in areas not served by fixed line providers; and if he will make a statement on the matter. [15235/13]

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Written answers

Ireland’s telecommunications market has been fully liberalised since 1999 in accordance with the requirements of binding EU Directives. The market has since developed into a well-regulated market, supporting a multiplicity of commercial operators, providing services over a diverse range of technology platforms. The EU framework establishing a liberalised telecommunications market precludes Member States from offering assistance to some competitors in the market, which is not available to all competitors. You will appreciate therefore, that I do not have a statutory authority to support relatively new broadband internet service providers in a manner which is not also available to all other competing service providers.

The State can intervene to ensure access to broadband services in areas where the competitive market has failed to deliver such services, as in the case of the National Broadband Scheme and the Rural Broadband Scheme. The combination of private investment and State interventions means that Ireland has met the EU Commission’s Digital Agenda for Europe target of having a basic broadband service available to all areas by 2013 and the focus is now on accelerating the roll out of high speed services.

The Government’s National Broadband Plan, which I published in August last, aims to radically change the broadband landscape in Ireland by ensuring that high speed services of at least 30 Mbps are available to all of our citizens and businesses, well in advance of the EU’s target date of 2020, and that significantly higher speeds are available to as many homes and businesses as possible.

During the preparation of Ireland’s National Broadband Plan, the commercial market operators indicated that they expect to provide 70 Mbps to 100 Mbps services to 50% of the population by 2015. Since the publication of the Plan, investments by the commercial sector are underway in both fixed line and mobile high speed broadband services, particularly in urban and semi-urban areas.

The Government is also committed in the Plan to investing in areas where high speed services are not commercially viable and will not be provided by the market. In an important milestone towards delivery of this commitment in the Plan, the Government recently launched a tender for experts to assist in the design, planning and procurement of the State-led investment. Intensive technical, financial and legal preparations including stakeholder engagement will be ongoing throughout 2013 with a view to the launch of a procurement process in 2014.

Through the implementation of the National Broadband Plan, we are committed to increasing the availability of next generation speeds significantly, with a view to ensuring that all citizens and business can participate fully in a digitally enabled society.

I would reiterate that the Government remains committed to the delivery of the speeds referred to in the Plan, to ensure that all parts of Ireland will have at least 30 Mbps connectivity.

Broadband Services Provision

Questions (363)

Ciara Conway

Question:

363. Deputy Ciara Conway asked the Minister for Communications, Energy and Natural Resources if he will clarify the reason all of County Waterford, with particular reference to places including Faithlegg, Cheekpoint and Tramore, is not covered by the national broadband scheme; and if he will make a statement on the matter. [15292/13]

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Written answers

Ireland’s telecommunications market has been fully liberalised since 1999 in accordance with the requirements of binding EU Directives. The market has since developed into a well-regulated market, supporting a multiplicity of commercial operators, providing services over a diverse range of technology platforms. Details of broadband services available in each County, including County Waterford, can be found on ComReg website at www.callcosts.ie.

The State can only intervene to ensure access to broadband services in areas where the competitive market has failed to deliver such services, as in the case of the National Broadband Scheme (NBS) and the Rural Broadband Scheme. Under the NBS, broadband services are available since October 2010 from the NBS service provider, “3”, to persons with a fixed residence or fixed business in each of the 1,028 Electoral Divisions (ED) designated to be covered under the Scheme. This includes 31 of the 130 EDs in County Waterford, details of which are available on my Department’s website.

EU State Aid and competition rules govern how States can intervene in areas in which existing service providers are operating. Accordingly, the NBS is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion. Prior to the commencement of the NBS, a detailed mapping exercise was carried out to determine those areas that would be included in the Scheme and those which, by virtue of being already substantially served by existing broadband suppliers, could not be included. That mapping exercise found that the areas of Faithlegg, Cheekpoint and Tramore, County Waterford, were served by existing service providers and consequently were excluded from the Scheme.

With basic broadband services widely available across Ireland, the focus is now on accelerating the roll out of high speed services. The Government’s National Broadband Plan, which I published in August last, aims to radically change the broadband landscape in Ireland by ensuring that high speed services of at least 30 Mbps are available to all of our citizens and businesses, well in advance of the EU’s target date of 2020, and that significantly higher speeds are available to as many homes and businesses as possible.

During the preparation of Ireland’s National Broadband Plan, the commercial market operators indicated that they expect to provide 70 Mbps to 100 Mbps services to 50% of the population by 2015. Since the publication of the Plan, investments by the commercial sector are underway in both fixed line and mobile high speed broadband services, particularly in urban and semi-urban areas.

The Government is also committed in the Plan to investing in areas where high speed services are not commercially viable and will not be provided by the market. In an important milestone towards delivery of this commitment in the Plan, the Government recently launched a tender for experts to assist in the design, planning and procurement of the State-led investment. Intensive technical, financial and legal preparations including stakeholder engagement will be ongoing throughout 2013 with a view to the launch of a procurement process in 2014.

Through the implementation of the National Broadband Plan, we are committed to increasing the availability of next generation speeds significantly, with a view to ensuring that all citizens and business can participate fully in a digitally enabled society.

I would reiterate that the Government remains committed to ensuring that all parts of Ireland, including all of County Waterford, will have at least 30 Mbps connectivity, through public or private sector investment, as outlined in the National Broadband Plan.

Broadband Services Provision

Questions (364)

Ciara Conway

Question:

364. Deputy Ciara Conway asked the Minister for Communications, Energy and Natural Resources the definition of an acceptable broadband speed under the national broadband scheme; the recourse open to householders dissatisfied with the coverage offered by the scheme; and if he will make a statement on the matter. [15293/13]

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Written answers

The broadband service contracted under National Broadband Scheme (NBS) is a basic, affordable, scalable product in keeping with EU State Aid clearance for the Scheme. Under the terms of the contract which my Department has in place with “3”, the NBS service provider, the NBS mobile wireless service currently offers minimum download and upload speeds of 2.3 Mbps and 1.4 Mbps respectively, subject to a maximum contention ratio of 18:1. The NBS satellite service, which is utilised in a small number of cases for technical reasons associated with the location of the premises, offers minimum download and upload speeds of 3.6 Mbps and 384 kbps respectively, subject to a maximum contention ratio of 48:1.

As regards service quality, my Department has well-established monitoring arrangements in place to ensure that the NBS delivers the minimum specified service or better to all users. The NBS contract guarantees service levels and imposes a service credit regime on “3” with financial consequences in the event that minimum specification service levels are not met. The NBS contract also provides that where NBS customers do not receive the minimum guaranteed service as set out in the terms and conditions of their contract, they are entitled to service rebates.

Any NBS customer experiencing problems with the NBS service can contact 3’s customer care centre 24 hours a day 7 days a week by phone at 1913 (free of charge) or by email to nbssupport@three.ie. Additionally, a team of field engineers has been established to address NBS specific maintenance issues at customer’s premises.

My Department has a role when customers have fully utilised the established complaints process. It operates a dedicated NBS mailbox, which NBS customers can contact by email at nationalbroadbandscheme@dcenr.gov.ie with any comments or complaints they may have about their NBS service. My officials liaise very closely with “3” to ensure that any issues relating to service performance, which are brought to their attention, are addressed as quickly as possible.

With basic broadband services widely available across Ireland, the focus is now on accelerating the roll out of high speed services. The Government, through the National Broadband Plan, which I published on 30th August last year, has recognised that the key imperative now is to ensure high speed broadband availability to all.

The Plan commits to high speed broadband availability across the country by ensuring that high speed services of at least 30 Mbps are available to all of our citizens and businesses, well in advance of the EU’s target date of 2020.

Ireland is now therefore moving to a new phase of public and private sector investment in broadband in Ireland which will see significantly improved speeds delivered across the country. The National Broadband Plan commits the Government to investing in areas where high speed services are not commercially viable and will not be provided by the market.

This will ensure that citizens and businesses, wherever they are located, have a broadband connection which meets their needs to interact effectively with society and business in a digital environment.

I would reiterate that the Government remains committed to ensuring that all parts of Ireland will have at least 30 Mbps connectivity, through public or private sector investment, as outlined in the National Broadband Plan.

Public Sector Remuneration

Questions (365)

Mary Lou McDonald

Question:

365. Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if he will provide in tabular form a breakdown of the annual saving to the public sector pay bill if non-commercial State agency pay was capped at €100,000. [15964/13]

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Written answers

I wish to advise the Deputy that the information she has requested is an operational matter for the individual Bodies concerned. The Deputy should deal directly with the Bodies concerned.

Mortgage Resolution Processes

Questions (366)

Joanna Tuffy

Question:

366. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government if any consideration has been given to initiating a scheme similar to the mortgage to shared equity scheme in Scotland; and if he will make a statement on the matter. [14715/13]

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Written answers

While such a scheme is not under consideration it is the case that, 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 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. Householders seeking to avail of the mortgage to rent scheme must: have had their mortgage deemed unsustainable under a Mortgage Arrears Resolution Process as provided for under the Central Bank’s Code of Conduct on Mortgage Arrears; agree to a voluntary repossession of their home; be eligible for social housing support; and not have significant positive equity in the property.

Limits on household income, property value and applicant assets also apply. Borrowers wishing to avail of this scheme may access further information on the Housing Agency website, www.housing.ie

Public Sector Remuneration

Questions (367)

Mary Lou McDonald

Question:

367. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide in tabular form a breakdown of the annual saving to the public sector pay bill if all local authority pay was capped at €100,000 and non-commercial State agency pay was capped at €100,000. [14794/13]

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Written answers

The annual saving to the public sector pay bill if non-commercial State agency pay were capped at €100,000 in the agencies under the remit of my Department would be €135,140.

EU Funding

Questions (368)

Michael Healy-Rae

Question:

368. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding administration of funds from Europe; and if he will make a statement on the matter. [15082/13]

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Written answers

The position set out in the correspondence referred to in the Question regarding the administration of EU funds for local development is incorrect on a number of fronts. It appears to be based on an erroneous understanding of the proposals for enhanced alignment between local government and local development set out in Putting People First – Action Programme for Effective Local Government.

The correspondence also appears to be based on a misunderstanding of the EU regulations for local development funding. All EU co-funded local development programmes will continue to be implemented for the purposes intended under the EU regulations and in full compliance with those regulations. Any assertion to the contrary, such as the scenarios set out in the correspondence supplied, is incorrect and misleading.

Property Taxation Exemptions

Questions (369, 396, 397, 398, 402, 403, 404, 405)

Niall Collins

Question:

369. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if an estate (details supplied) in County Limerick is exempt from the property tax as it is an unfinished development; and if he will make a statement on the matter. [15171/13]

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Martin Heydon

Question:

396. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Kildare is not included on the exempt unfinished estates list for the purpose of local property tax; and if he will make a statement on the matter. [15337/13]

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Martin Heydon

Question:

397. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Kildare is not included on the exempt unfinished estates list for the purposes of local property tax; and if he will make a statement on the matter. [15338/13]

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Mattie McGrath

Question:

398. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the criteria that was used when deciding which housing estates were exempt from the local property tax; the category of unfinished housing estates that were included on this list; and if he will make a statement on the matter. [15341/13]

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Martin Heydon

Question:

402. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Kildare is not included on the exempt unfinished estates list for the purposes of local property tax; and if he will make a statement on the matter. [15364/13]

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Martin Heydon

Question:

403. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Kildare is not included on the exempt unfinished estates list for the purposes of local property tax; and if he will make a statement on the matter. [15365/13]

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Martin Heydon

Question:

404. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Kildare is not included on the exempt unfinished estates list for the purposes of local property tax; and if he will make a statement on the matter. [15366/13]

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Sandra McLellan

Question:

405. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government the reason the following estates (details supplied) in Youghal, County Cork, are not exempt form the local property tax; and if he will make a statement on the matter. [15368/13]

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Written answers

I propose to take Questions Nos. 369, 396 to 398, inclusive, and 402 to 405, inclusive, together.

An exemption from the local property tax applies to developments listed in the schedule to the Finance (Local Property Tax) Regulations 2013.

The list of unfinished housing developments eligible for the exemption was compiled by local authorities utilising the categorisation employed for the purposes of the National Housing Survey 2012. The Survey was carried out over the course of summer 2012 by my Department in conjunction with local authorities and the Housing Agency.

The categorisation methodology for the survey was different to that which was used in 2011 and which provided the basis for the waiver from the household charge. That earlier categorisation related largely to the level of on-site activity at the time the 2011 survey was carried out and had less to do with the physical character of a development. The 2012 survey was based purely and objectively on the actual state of completion of a development. Only developments that were deemed by local authorities to be in a “seriously problematic condition”, regardless of whether a developer was on or off site, were included.

For purposes of preparing the final list of developments to which the exemption from the local property tax would apply local authorities were asked by my Department to confirm or update the then existing list as appropriate.

Property Taxation Exemptions

Questions (370)

Michael Colreavy

Question:

370. Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government if housing estates that have not been taken in charge of by local authorities will be subject to the property tax; and if he will make a statement on the matter. [15177/13]

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Written answers

An exemption from the local property tax applies to those unfinished housing developments listed in the schedule to the Finance (Local Property Tax) Regulations 2013. There is no general exemption for estates that have not been taken in charge.

Section 180 of the Planning and Development Act, 2000 applies to estates which have been granted planning permission and includes the construction of two or more houses (which as defined in the Act includes apartments) and the provision of new roads, open spaces, car parks, sewers, watermains or drains.

In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, section 180 provides that the planning authority must if requested to do so by the developer or by the majority of the qualified electors who are owners of the houses involved, initiate the procedures in section 11 of the Roads Act 1993 for declaring the road(s) to be public roads, for whose maintenance the local authority will then be responsible.

Section 11 of the Roads Act empowers a local authority to, by order, declare any road over which a public right of way exists to be a public road. Before making an order the local authority must be satisfied the road is of general public utility, consider the financial implications of taking the road in charge and consult with the public/consider any objections received. The consideration of the objections and the making of the order declaring the road to be a public road is a reserved function, so that the decision whether to take the road in charge is ultimately one for the discretion of the elected members.

In relation to estates which have not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within the relevant period section 180 also provides that the planning authority must, if requested to do so by the majority of the owners, initiate the procedures in section 11 of the Roads Act. However, in this case the section provides that the provision in section 11 of the Roads Act requiring the authority to consider the financial implications of taking the road in charge is to be disregarded.

Section 180 also provides that where a planning authority, in complying with section 180, makes an order under section 11 of the Roads Act, it must also take in charge any open spaces, car parks, sewers, watermains, or drains within the attendant grounds of the development.

Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a planning authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the planning authority consider that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate.

Rental Accommodation Scheme Eligibility

Questions (371)

Sandra McLellan

Question:

371. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government the reason a person must be in receipt of rent allowance to qualify for the rent accommodation scheme; if the person has a valid housing need can they not be considered for RAS regardless of rent allowance; if any exceptions may be made; and if he will make a statement on the matter. [15370/13]

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Written answers

It is open to any person or household to apply to a housing authority for an assessment of their housing need. It is a matter solely for the housing authority concerned to determine whether an applicant for social housing support is eligible for and in need of that support in accordance with the provisions of section 20 of the Housing (Miscellaneous Provisions) Act 2009, regulations made under that section, and having regard to the particular circumstances of the case.

Households that are assessed by a housing authority to have a housing need have a range of housing supports available to satisfy their need regardless of whether or not they are in receipt of Rent Supplement (RS).

The Rental Accommodation Scheme is a targeted scheme to cater for the accommodation needs of certain persons in receipt of rent supplement, normally for more than 18 months and who are assessed as having a long-term housing need. In that context the primary objective of RAS is to accommodate rent supplement recipients where it is deemed that they now have a long-term housing need.

Commercial Rates Issues

Questions (372, 373)

Eoghan Murphy

Question:

372. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the way commercial rates are determined for private houses that are used as businesses, for example, doctors' surgeries. [14694/13]

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Eoghan Murphy

Question:

373. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the way commercial rates are determined for units in suburban shopping centres. [14695/13]

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Written answers

I propose to take Questions Nos. 372 and 373 together.

Local 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 determination under the Act of relevant property for the purposes of rates. The Valuation Act 2001 comes under the aegis of the Minister for Public Expenditure and Reform.

Water and Sewerage Schemes Status

Questions (374)

Thomas P. Broughan

Question:

374. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will provide an update on the greater Dublin drainage project by Fingal County Council; when a decision will be made on the siting of a regional sewage plant in north county Dublin; and if he will make a statement on the matter. [14713/13]

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Written answers

Planning for the Greater Dublin Regional Drainage Project – North Dublin Treatment Plant and Orbital Sewer is being progressed by Fingal County Council.

Under the Alternative Sites Assessment and Route Selection Report (Phase 2) for the scheme, three possible treatment sites and two possible outfall locations have been identified by the Council as emerging preferred options, and a non-statutory public consultation process was carried out during 2012. I understand that the Council and the Project Team are now assessing the submissions made and hope to complete their deliberations in the first half of this year.

Local Authority Housing Mortgages

Questions (375)

Gerry Adams

Question:

375. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the exceptions that may be considered for persons seeking to apply for house purchase loans via their local authority; if mechanisms exist whereby persons may appeal local authorities' decisions to refuse an application; and if he will make a statement on the matter. [14751/13]

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Written answers

In advancing loans for house purchase it is of critical importance that local authorities make such funding available on the basis of sound lending criteria. My Department and individual local authorities have a responsibility to ensure that mortgage lending is prudentially based and that the capacity of a borrower fully to service a loan over the full term is realistically assessed and stress-tested. Provisions governing mortgage lending by local authorities are set out under the Housing (Local Authority Loans) Regulations 2012 and associated credit policy.

Local authorities are advised to examine each loan application on its own merits in determining whether an applicant is eligible for a house purchase loan. It is the case that the rate of refusal of applications has increased since the credit policy was introduced. However, it is also clear that the loans issued under that credit policy are more likely to be fully performing. The final decision on whether to grant/refuse an applicant lies solely with the relevant local authority, and all local authorities must satisfy themselves on the financial risk they are undertaking.

I consider that the current arrangements for mortgage lending are fair and adequately meet the needs of prospective home owners in a prudent manner.

Leader Programmes Administration

Questions (376)

Dara Calleary

Question:

376. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the person responsible for the administration of the LEADER Programme in the Gaeltacht region of Erris, County Mayo; if he will confirm that the programme is currently being administered; and if he will make a statement on the matter. [14769/13]

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Written answers

The Gaeltacht area of North Mayo was formerly serviced by Meitheal Forbartha na Gaeltachta (MFG) for the purposes of funding under Axes 3 & 4 (LEADER) of the Rural Development Programme (RDP). MFG went into liquidation on 7 September 2011. Following a complex and difficult legal winding up process most Gaeltacht areas are now operational through Local Development Companies in geographically contiguous areas.

Progress is still on-going in the context of determining a delivery solution for RDP funding in the North Mayo Gaeltacht areas. My Department is currently examining a number of options and I expect to have a solution in place in the near future.

Building Regulations

Questions (377)

Clare Daly

Question:

377. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that registered architects are trained to design in compliance with the building regulations and that they have no academic or practical training to certify compliance of construction works with building regulations; and consequently if he will justify the short-listing of architects to act as assigned certifiers as per the Building Control (amendment) Regulations 2012, while other professionals with more training and experience in this field were not short-listed. [14805/13]

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Written answers

With effect from 1 March 2014 the Building Control (Amendment) Regulations 2013 will require, among other things, that design drawings demonstrating compliance with the requirements of the second schedule to the Building Regulations be lodged with the local building control authority prior to commencement of works and that a registered professional be assigned to inspect the implementation of the design during construction so that he/she is in a position to certify the completed building for compliance with the requirements of the second schedule to the Building Regulations. The statutory certificates of completion underpinning the procedures outlined must be signed by a registered professional i.e. a person who is included on the statutory registers of architects or building surveyors maintained in accordance with parts 3 and 5 respectively of the Building Control Act 2007 or on the register of chartered engineer s established under the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969. Architects, Building Surveyors and Chartered Engineers are the construction professions typically involved in the design of construction works in Ireland and reference to these professions in regulation is entirely appropriate. I do not accept any implication that the operation of the registers may be unfairly restrictive or exclusive. In relation to the register of architects , for instance, a variety of routes to registration exist including provision for registration of suitable practically trained persons who may have no formal academic background or training.

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