Written Answers Nos. 378 - 395
378. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he will advise, with regard to the implementation group being established to oversee the establishment of the new socio-economic committees, when the positions of the group will be filled; if the trade union sector will be represented on this group; and if he will make a statement on the matter. [14840/13]
View answerFollowing on from the publication of Putting People First – Action Programme for Effective Local Government, an Alignment Implementation Group has been established to assist and advise on the implementation of the recommendations of the Local Government/Local Development Alignment Steering Group. The organisations participating in the Group are the City & County Managers’ Association, the Irish Local Development Network and Pobal, and it is chaired by my Department. The Implementation Group has met twice to date, and its key responsibility is to oversee the practical arrangements necessary to give effect to the new local structures, including the new Socio-Economic Committees to be established in each local authority administrative area. In its membership, drawn primarily from the local government and local development sectors, I believe that the Implementation Group has the correct focus; while it is not intended to extend the membership, it is open to the Group to consult as required with their nominating bodies so as to fairly and accurately represent key stakeholders and, also, to invite other stakeholder representatives affected by the alignment process to participate where required.
379. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government when application forms and detailed terms and conditions will be available in relation to the recently announced grant to upgrade private waste water systems; the reason for the delay in producing same; and if he will make a statement on the matter. [14862/13]
View answerI recently announced my intention to introduce a grant scheme to provide financial assistance to households whose septic tanks and other domestic wastewater treatment systems are deemed to require remediation following an inspection under the Water Services (Amendment) Act, 2012. The grant scheme will apply to treatment systems which are the subject of an Advisory Notice issued by a water services authority following an inspection carried out under the 2012 Act and based on the EPA’s risk-based inspection plan which was published on 19 February 2013. Full details of the grants scheme will be set out in regulations which I will make in advance of inspections commencing later this year.
380. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government If he will urgently review a recent decision to cut Kerry County Council's allocation for housing aid for the elderly, mobility aids grant and grants for persons with a disability by a massive 56% on the 2012 allocation as this deficit will leave the council totally hindered in providing adequate housing supports to this sector of society and will deprive many of them of their rightful entitlements, especially with regard to their needs for adequate facilities; if he will clarify under the Equality Act if this is in compliance with the Ombudsman's recent statement and directive to the Government to address these issues; and if he will make a statement on the matter. [14957/13]
View answerI refer to the reply to Question No. 363 of 20 March, 2013 which sets out the position in relation to the determination of the 2013 capital allocation to Kerry County Council under the suite of Grants for Older People and People with a Disability. As of 22 March, some 5% of this year’s allocation of €1,445,971 had been drawn down by the Council. I will consider the Council’s request for additional funding in the context of the available funding and the requests already received from other authorities.
381. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government his views on whether third parties should be able to make submissions to An Bord Pleanala as part of the pre application consultation process between prospective applicants and An Bord Plenala regarding strategic infrastructure development; if he has any plans to introduce legislation to facilitate this; and if he will make a statement on the matter. [14980/13]
View answerI have no plans to amend planning legislation to provide for the making of submissions to An Bord Pleanála in connection with pre-application consultations regarding strategic infrastructure development. Submissions may of course be made by third parties after a strategic infrastructure application has been received.
382. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding the non-principal private residence charge; and if he will make a statement on the matter. [14994/13]
View answerThe Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities by introducing a charge on non-principal private residences. 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, whether resident in Ireland or elsewhere, to determine if he or she has a liability and, if so, to declare that liability and pay the charge.
The provision of information to potentially liable owners was regarded as an important element in the introduction of the Non-Principal Private Residence Charge in 2009 and in subsequent years. The associated communication campaign, including media advertisements funded by my Department, information made available by local authorities, and website hosted information, in circumstances in which the legal onus is on the liable owner to declare liability and make payment, has achieved its general goals of raising awareness and encouraging compliance. Much of this information, such as information available online and press advertisements aimed at Irish communities living abroad, was available to liable persons resident outside of the country.
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 operation of the “care and management” provisions of the Local Government (Charges) Act 2009 and local authorities are expected to implement these guidelines appropriately.
383. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 137 of 13 March 2013, the value of security held on a county basis by local authorities in relation to bonds held for the satisfactory completion of housing estates for each of the past five years; and if he will make a statement on the matter. [14998/13]
View answer384. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 137 of 13 March 2013, the amount of security bonds claimed by local authorities on a county basis for each of the past five years; and if he will make a statement on the matter. [14999/13]
View answerI propose to take Questions Nos. 383 and 384 together
The specific information sought in relation to the amount or value of bonds is not available in my Department.
385. Deputy Paschal Donohoe asked the Minister for the Environment, Community and Local Government the progress made in reviewing the legislation in respect of standards in privately rented accommodation; and if he will make a statement on the matter. [15018/13]
View answerMinimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. They specify requirements in relation to a range of matters such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. All landlords have a legal obligation to ensure that their rented properties comply with these regulations and responsibility for the enforcement of the regulations rests with the relevant local authority supported by a dedicated stream of funding provided from part of the proceeds of tenancy registration fees collected by the Private Residential Tenancies Board (PRTB).
On 1 February 2013, Articles 6, 7 and 8 of the Housing (Standards for Rented Houses) Regulations 2008 came into effect for all existing residential rented accommodation. This means, inter alia, that all rental accommodation must now have its own separate sanitary facilities. The requirements in relation to heating and facilities for cooking, food storage and laundry have also been updated.
The Regulations took effect in their entirety for all rented properties being let for the first time from 1 February 2009. However, in some cases Articles 6, 7 and 8 of the regulations may have required significant refurbishment works for existing tenancies and as such a four year phasing-in period was afforded to these properties to facilitate any improvement works that needed to be carried out. This phasing-in period was introduced to take account of views expressed in wide-ranging consultations during the development of the Housing (Standards for Rented Houses) Regulations 2008 that it would be necessary to allow time for the carrying out of any significant remedial work that could be involved in achieving compliance. My Department keeps the appropriateness of the current standards under review and it engages on a regular basis with local authorities on the implementation and enforcement of the significantly strengthened current standards.
386. Deputy John Deasy asked the Minister for the Environment, Community and Local Government if he will outline the process involved in resetting the different commercial rate levels once town councils are abolished and local authorities are amalgamated. [15023/13]
View answerThe Government’s Action Programme for Effective Local Government, Putting People First, indicates that in the context of reorganisation of local governance structures, the proposed new municipal districts will provide an opportunity to achieve a more coherent approach to rates and charges on a county-wide basis, having regard to funding requirements and the need to support employment and business competitiveness. The Action Programme proposes rates harmonisation to cater for differences between Annual Rates on Valuation (ARVs) of towns and counties. My approach to rates harmonisation will seek to ensure, on the one hand, that harmonisation does not lead to significant net loss of revenue in individual counties with consequential implications for services, and on the other hand, that increases in rates do not impact negatively on businesses and employment. Definitive details, arrangements and procedures in relation to the funding of district level functions, and financial relations between district and county levels, will be developed in the context of the new local government funding arrangements generally, implementation of the new sub-county system and preparation of the legislation in relation to the reform programme.
387. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government if a local authority tenant who has been sentenced to time in prison is required to keep up rent payments during their prison term or if a family member is required to do so on their behalf to ensure their tenancy; and if he will make a statement on the matter. [15109/13]
View answerI refer to the reply to Question No. 614 of 6 June 2012. A decision on whether a person who has been sentenced to prison is liable to pay rent on their local authority house while serving their sentence is a matter for the housing authority concerned. Having examined the practice across a number of authorities, my Department’s understanding is that where a person who has a local authority tenancy receives a custodial sentence the local authority will look at the individual circumstances of the case, as well as taking into consideration any remaining household members, to determine whether to continue with the tenancy and, if so, what level of differential rent will apply.
388. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 213 of 27 February 2013, if he will clarify the options open to him to initiate an investigation when planning permission is granted in direct conflict to maximum height limits set down in a local authority development plan. [15119/13]
View answerWhile, under Section 255 of the Planning and Development Acts 2000 – 2012, I may initiate a review of procedures and systems employed by a planning authority in the performance of its functions under the Acts, I am precluded, under section 30 of the Planning and Development Act 2000, from involvement in relation to any particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.
389. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the current status of the establishment of a register of builders; when he expects it to come into effect; what it will involve; and if he will make a statement on the matter. [15155/13]
View answerIn April 2012 I released a consultation document entitled Strengthening the Building Control System which included, among other things, reference to discussions between my Department and the Construction Industry Federation (CIF) in relation to the establishment of a voluntary registration process for house builders/contractors. At that time the CIF had been invited to set out proposals for such a scheme for consideration. My Department had indicated that the scheme should be in keeping with competition law, include strong quality assurance checks, provide strong consumer protection, have the cover of insurance and not add excessively to the economic cost of house purchase/rental.
The CIF has recently brought forward proposals, which are currently receiving consideration within my Department, on a voluntary scheme of registration for builders with the intention of moving towards a statutory scheme over time when it is proven to be a quality registration scheme and operating effectively in practice. Statutory registration arrangements for the construction professions of Architect, Building Surveyor and Quantity Surveyor are in place under the Building Control Act 2007 and for Chartered Engineers under earlier legislation dating from 1969.
390. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government the status of Leader funding; and if he will make a statement on the matter. [15195/13]
View answer391. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government when the integrated companies will once again be allowed to approve projects following the suspension of this permission on 29 January 2013; the total amount of project money remaining to be approved under each heading of the programme; and if he will make a statement on the matter. [15210/13]
View answerI propose to take Questions Nos. 390 and 391 together.
In late 2011 the European Commission approved a change in the maximum co-funding rate from 55% to 85% for the Axes 3 and 4 elements (LEADER) of Ireland’s Rural Development Programme (RDP) 2007-2013. Prior to this the LEADER elements were co-funded at a rate of 55% by the EU, with the remaining 45% coming from national exchequer sources. The 2011 agreement reduced the national exchequer input to 15% on a net basis for 2012 and 2013 without a concomitant increase in the amount of funding to be provided by the EU. This resulted in a reduction in the overall Programme complement from €427m to approximately €314m on the basis of the Programme achieving full spend by the end of 2013.
However, given the levels of spending by the Local Development Companies (LDCs) from 2009 to date, it is very unlikely that full spend will be achieved by the end of 2013, at which time the co-funding rate will revert to 55% for all expenditure beyond that date. As a consequence of this the overall Programme requirement will change. In the context of these changes to the co-funding rate the original project allocations given to each LDC contracted to deliver the LEADER elements of the RDP require readjustment. An exercise is currently being carried out to determine the level of project commitments across all LDCs and all RDP measures in order to rebalance the programme in as equitable a way as possible. It will not be possible to be definitive regarding the remaining funding available for project commitments until such time as this rebalancing exercise has been satisfactorily completed. I expect this exercise to be completed shortly.
392. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if the necessary legislative changes will be introduced in order to empower the Standards in Public Office Commission to compel organisations to co-operate with it when said organisations, such as those involved in the abortion debate which are so obviously engaging in political lobbying, are third parties as set out under the Electoral Acts. [15225/13]
View answerThe Government legislation programme includes a commitment to bring forward an Electoral (Amendment) (Referendum Spending and Miscellaneous Provisions) Bill. That Bill will provide, inter alia, for the disclosure of expenditure and donations at a referendum campaign. In the preparation of this legislation consideration will be given to other recommendations for changes to the Electoral Act 1997 including any relating to third parties.
393. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if, in view of his central role in the IROPI planning process, his Department will proceed with an IROPI application for the Galway city outer bypass should the Court of Justice of the European Union find that the current application compromises the integrity of a special area of conservation. [15228/13]
View answerThe application to An Bord Pleanála for approval of this project was made prior to the commencement of Part XAB of the Planning and Development Act 2000 on 21 September 2011 and accordingly the relevant provisions in relation to appropriate assessment of this application are contained in the European Communities (Natural Habitats) Regulations, 1997. Under Regulation 30(5) of those Regulations An Bord Pleanála may, notwithstanding a negative assessment in relation to the effects on the integrity of a European site, where it is satisfied that there are no alternative solutions decide to agree to the proposed road development where the proposed road development has to be carried out for imperative reasons of overriding public interest. In accordance with Regulation 30(6) the reasons must include reasons of a social or economic nature and, if the site concerned hosts a priority natural habitat type or a priority species, the only considerations of overriding public interest may be:
(i) those relating to human health or public safety,
(ii) beneficial consequences of primary importance for the environment, or
(iii) further to an opinion from the European Commission to other imperative reasons of overriding public interest.
394. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if consideration will be given to placing a temporary moratorium on wind energy developments until such time as the review, by his Department, of the 2006 Wind Energy Development Guidelines has been completed. [15229/13]
View answer395. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government when the updating and reviewing of his Department's 2006 Wind Energy Development Guidelines will be complete. [15230/13]
View answerI propose to take Questions Nos. 394 and 395 together.
The Wind Energy Development Guidelines (June 2006) provide advice to planning authorities on catering for wind energy through the development plan process. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for such developments. In order to ensure that Ireland continues to meet its renewable energy targets and, at the same time, that wind energy does not have negative impacts on local communities my Department, in conjunction with the Department of Communications, Energy and Natural Resources and other stakeholders, is undertaking a targeted review of certain aspects of the Wind Energy Guidelines 2006. This focused review will examine the manner in which the Guidelines address key issues of community concern such as noise, proximity and visual amenity and any other potential impacts, as considered appropriate, as well as ways of building community support for wind energy development.
All statutory planning guidelines issue first in draft form for a public consultation over a period of a couple of months. Once the consultation period is closed the submissions received on the draft guidelines are considered and taken into account in the final form of the guidelines. The draft guidelines will – like all other new or revised guidelines – go out for extensive public consultation for a period of 6 weeks to 2 months. The indicative timetable for the publication of the draft guidelines is Quarter 3 or Quarter 4 2013. I do not think it either appropriate or necessary to impose a moratorium on planning applications for wind energy development at this time.
