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Tuesday, 30 Apr 2013

Written Answers Nos. 396-412

Foreshore Licences Applications

Questions (396)

Pearse Doherty

Question:

396. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the date on which he expects an answer from the Office of the State Solicitor regarding the decision on a foreshore licence application for Burtonport, County Donegal; the date on which the application was transferred to the State Solicitor's office; his views on the process adopted by his Department in view of the fact that Donegal County Council has paid his Department €130,000 to purchase this licence; and if he will make a statement on the matter. [19914/13]

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Written answers

The application in question concerns the proposed lease of an area of foreshore by Donegal County Council and an associated proposal by the Council to sub-lease a portion of the foreshore concerned to a third party. Over time, the nature of the proposal for which the Council had originally intended to make the third party sub-lease has changed substantially giving rise to a number of legal issues. My Department has been in ongoing contact with the Chief State Solicitor's Office on this case since November 2010.

As regards the leasehold premium, Donegal County Council elected to lodge payment in October 2010, in advance of a demand for payment from my Department. Nonetheless, given the complexity of the issues involved, my Department cannot progress the application until the advices of the Chief State Solicitor's Office are received.

Litter Pollution Issues

Questions (397)

Seán Kenny

Question:

397. Deputy Seán Kenny asked the Minister for the Environment, Community and Local Government if he will launch a new national litter and illegal dumping awareness campaign on television and national radio stations; and if he will make a statement on the matter. [19928/13]

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Written answers

My Department provide s the legislative framework within which to combat such pollution on litter pollution matters is to under the statutory framework of the Litter Pollution Acts 1997 to 2009. It is a matter for each local authority to decide upon the most appropriate public awareness, enforcement and clean up actions in relation to both litter and illegal dumping, taking account of local circumstances and priorities. My Department also provides funding to local authorities to support their efforts in this area.

While I currently have no plans to launch a national litter and illegal dumping awareness campaign on television and national radio, I have recently allocated €900,000 to local authorities from Environment Fund under the 2013 Anti-Litter & Anti-Graffiti Awareness Grants Scheme. My Department has co-funded these grants for local authority anti-litter awareness and education initiatives since 1997. Under this scheme, local authorities are responsible for selecting suitable projects for funding and deciding on individual grant allocations. The scheme requires that projects selected should promote greater public awareness and education in relation to both litter and graffiti. They should also, where possible, focus on voluntary initiatives by community and environmental groups and involve schools and young people in anti-litter and anti-graffiti action. Typically, eligible projects include local media campaigns, clean-ups, primary/secondary school competitions, exhibitions and the production of videos, posters and leaflets. The maximum grant for a project may be up to 70% of the cost, with the balance being met by local contributions.

My Department has also taken several steps to combat the problem of small scale illegal dumping in recent times. In summer 2012, I launched a national campaign in conjunction with Fáilte Ireland, local authorities and the Environmental Protection Agency and supported by the print media, to highlight the economic value of our environment and encouraging the public to report all incidences of illegal dumping to the Agency's National Environmental Complaints hotline at 1850 365 121. In 2012, I also provided funding for a new once off Litter Enforcement Grant Scheme, intended to support the enforcement activities of local authorities through measures such as the deployment of mobile CCTV equipment to catch fly tippers and illegal dumpers.

Notwithstanding the significant penalties currently in place for both littering and illegal dumping, my Department is currently preparing legislative proposals that would provide for the introduction of a specific on-the-spot fine for incidences of fly-tipping or small-scale illegal dumping. I expect to be in a position to submit proposed Heads of a Bill in this regard to Government for approval shortly.

My Department also continues to provide funding support to a number of other anti-litter initiatives, including Tidy Towns, the National Spring Clean, the Irish Business against Litter (IBAL) Litter League, the Protecting Uplands and Rural Environments (PURE) project and the Green Schools Programme, while the Environmental Protection Agency (EPA), as an independent public body under the aegis of my Department, also has a role in providing guidance to the public and to industry on various environmental topics, including waste prevention and generating greater environmental awareness.

Official Engagements

Questions (398)

Andrew Doyle

Question:

398. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if the Secretary General of his Department, for the purpose of transparency and accountability, will publish his diary on the Department's website on a monthly basis. [19963/13]

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Written answers

The Secretary General of my Department has no difficulty with the principle of making her diary accessible through the Department's website www.environ.ie.

She will publish her diary on the website on a trial basis for a period of time, subject to any necessary redactions for confidentiality reasons, and will review in the light of the number of hits received.

Fire Safety Issues

Questions (399)

Andrew Doyle

Question:

399. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the number of new homes that have been inspected by a local authority (details supplied) in County Wicklow for structural defects and breaches of fire safety; and if he will make a statement on the matter. [19985/13]

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Written answers

There is an inspection target of 12-15% of all buildings covered by valid commencement notices and Performance Indicators compiled and published by the Local Government Management Agency show that Wicklow County Council achieved an inspection rate of 30.69% for 2011, the latest year for which statistics are available. No further breakdown or categorisation of the inspection activity is given but I understand that further information can be provided by Wicklow County Council on request.

Planning Issues

Questions (400, 409)

Andrew Doyle

Question:

400. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he has received a copy of the report (details supplied); when he intends to publish the report for members of the public, stakeholders and Members of the Oireachtas; and if he will make a statement on the matter. [19996/13]

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Andrew Doyle

Question:

409. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will provide details of the total amount of expenditure that has been spent to date on a report by a person (details supplied) on the review of the management by his Department of an application by Wicklow County Council for loan approval in respect of the compulsory purchase of land at Charlesland, Greystones, County Wicklow; if all payments to the individual conducting the report have been made; if there are any outstanding fees owed by his Department; if so, the amount; the share of this total cost Wicklow County Council is bearing; the steps his Department took in coming to the decision to appoint the person in question; and if he will make a statement on the matter. [20263/13]

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Written answers

I propose to take Questions Nos. 400 and 409 together.

Issues related to the compulsory purchase of land at Charlesland, Greystones, County Wicklow were the subject of representations by a number of Wicklow public representatives to the former Minister of Housing and Planning, Willie Penrose T.D. Former Minister Penrose recommended, in consultation with me, that Senior Counsel be appointed to review these matters. Following a nomination by the Attorney General's Office, I appointed Mr Seamus Woulfe SC to carry out the independent review. The total cost of the report amounts to €49,200 and has been met by my Department. The report was published on my Department’s website on 24 April 2013 and is available at www.environ.ie.

I am pleased that the review has found that the allegations of the Councillors did not stand up.  It is extremely important that the public have confidence that local authorities are discharging their functions correctly.  That is why I commissioned this report. Having reviewed the report, I now regard the matter as closed.

This report follows from a review carried out in 2012 by Mr. Woulfe into the management by my Department of an application by Wicklow County Council for loan approval in respect of the above mentioned compulsory purchase following representations made by the Councillors in regard to my Department. The report fully exonerated my Department. The total cost of, and expenditure by my Department on, this review was €19,680.

Local Authority Housing Issues

Questions (401)

Róisín Shortall

Question:

401. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government when he will approve the proposed new allocations scheme for Dublin City Council's housing department in order to facilitate Dublin City Council to move away from a points based system to a time on the list system; the date on which this new system will come into operation; and if he will make a statement on the matter. [20050/13]

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Written answers

Under section 22 of the Housing (scellaneous Provisions) Act 2009, which came into operation on 14 June 2010, the making and amendment of an allocation scheme for social housing is a reserved function of the elected members of each housing authority.

Water Meters Installation

Questions (402)

Clare Daly

Question:

402. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will update Dáil Éireann with regard to the awarding of contracts for the installation of water meters; and when and the way the scheme will operate. [20099/13]

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Written answers

The Programme for Government and the Memorandum of Understanding with the EU, the IMF and the ECB provide for the introduction of domestic water charges. The Government considers that charging based on usage is the fairest way to charge for water and it has decided that water meters should be installed in households connected to public water supplies. The Government has also decided that Irish Water, a new State-owned water company to be established as an independent subsidiary within the Bord Gáis Éireann Group, will be responsible for the metering programme. The Water Services Act 2013 assigns the necessary powers to allow Irish Water to undertake the metering programme.

The procurement process for the metering programme is underway. The criteria for the procurement process were developed by my Department, in consultation with Bord Gáis Éireann, to ensure that SMEs have an opportunity to compete for contracts. The tender criteria have been developed to ensure that sub-contractors have the capacity to carry out the scale of work involved to the necessary high standard. The approach being taken for the sub-contractor panel is consistent with the Department of Public Expenditure and Reform guidelines on facilitating SME participation in public procurement (that Department's Circular 10/10 refers). It is expected that the regional management contractors, who will be appointed in June 2013, will be utilising the resources of the pre-qualified sub-contractors for the purpose of delivering the meter installation works. The installation of meter boxes and domestic water meters should commence in July 2013 and will be rolled out as quickly as possible thereafter.

Pyrite Remediation Programme Issues

Questions (403)

Clare Daly

Question:

403. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the reason a company (details supplied) can be involved in the pyrite remediation scheme while at the same time actively advising people to fill in cracks in estates where pyrite is present and telling them that their home would not qualify for remediation prior to any independent inspection being conducted. [20104/13]

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Written answers

I set up the Pyrite Resolution Board to oversee and ensure the effective implementation of a pyrite remediation scheme for homeowners who have no other viable option to have pyrite remediation works undertaken. The Board is currently drawing up the precise scope and detail of a pyrite remediation scheme which will set out the eligibility criteria, priorities, procedures and assessment/testing requirements etc. that will apply when the scheme becomes operational.

HomeBond is one of the construction stakeholders who have agreed to set up a not-for-profit entity to operate a remediation scheme under the supervision of the Pyrite Resolution Board. In this context, the Board will receive and assess applications for remediation under the terms and conditions of the scheme. The entity will have no function in relation to the assessment of applications for remediation nor will it have a role in the approval of such applications. Only applications that have been approved by the Board will be forwarded to the entity to undertake the next stages of the remediation process in accordance with the terms and conditions of the remediation scheme as drawn up by the Board.

Local and Community Development Issues

Questions (404)

Willie Penrose

Question:

404. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the concerns being expressed by local development companies in relation to the alignment proposals, especially as to the way this might affect much needed development youth work that is taking place and has been ongoing for a number of years; if note will be taken thereof to ensure the development youth work initiatives are not hived off; and if he will make a statement on the matter. [20121/13]

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Written answers

I have had a number of meetings with the Irish Local Development Network, the representative body of the 50 local development companies, to discuss the new arrangements arising from Putting People First: Action Programme for Effective Local Government and, in particular, the recommendations of the Steering Group on Local Government and Local Development Alignment. The meetings focused on the implementation of these recommendations, including concerns raised by the companies on issues such as programme delivery arrangements, funding and administration.

I have also established an Alignment Working Group to assist and advise on taking forward the proposals set out in Putting People First, in a way that will secure maximum value for scarce resources and enhance delivery of frontline services for local communities. Local development companies are represented on the working group.

The overall focus of the alignment recommendations is to bring greater collaboration to the publicly funded programmes that are implemented on an area basis. Therefore, I do not see improved alignment between local government and local development having any impact on local services, such as youth work, other than improved co-ordination.

Housing Statistics

Questions (405)

Dessie Ellis

Question:

405. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if he will provide a list of local authorities that were offering shared ownership schemes or mortgages broken down by the number that had interest rates between 0% and 1%, 1% and 2%, 2% and 3%, 4% and 5%, 5% and 6%, 6% and 7%, 7% and 8%, 8% and 9%, 9% and 10% and 10% and above, respectively. [20144/13]

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Written answers

My Department collates and publishes a wide range of housing statistics that inform the preparation and evaluation of policy and these data are available on my Department's website www.environ.ie.

While my Department collates data on shared ownership transactions broken down by local authority it does not collate the particular data sought.

Mortgages granted to local authority borrowers under shared ownership schemes are at variable interest rates which may vary from time to time based upon movements in interest rates in the wider money markets.

However, in the context of the standing down of all affordable housing schemes, including the shared ownership scheme, announced in the Government's 2011 housing policy, an analysis of the shared ownership scheme, including identification of the main difficulties and recommendations for mitigating measures, is presently being conducted by the Housing Agency.

Litter Pollution Issues

Questions (406)

Andrew Doyle

Question:

406. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if the litter enforcement grants scheme that was run in 2012 by his Department will be continued for 2013; and if he will make a statement on the matter. [20174/13]

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Written answers

The taking of enforcement action in relation to any particular incident of illegal dumping is a matter for the relevant local authority concerned and also the Environmental Protection Agency's Office of Environmental Enforcement which supervises the environmental protection activities of local authorities.

In 2012, I introduced, as a once-off scheme, the Litter Enforcement Grant Scheme. This scheme provided funding to allow local authorities to purchase equipment and put in place measures such as the deployment of mobile CCTV equipment to assist them in their efforts to catch fly tippers and small scale illegal dumpers. While the Litter Enforcement Grant Scheme was not intended to be provided on an annual basis, my Department continues to provide funding from the Environment Fund to support the deployment of a network of local authority waste enforcement officers. Each local authority sets out an annual programme of action, detailing the enforcement activities towards which this funding will be utilised including actions to tackle issues such as illegal dumping.

Illegal Dumping

Questions (407)

Andrew Doyle

Question:

407. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the number of fines for illegal dumping that have been issued by each local authority for illegal dumping under various legislative acts for the years 2009 to date; the results with an annual breakdown in tabular form; the value of fines issued each year; the amount that has actually been recouped arising from the issuing of fines; the measures he is taking to ensure that fines for illegal dumping are paid; and if he will make a statement on the matter. [20175/13]

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Written answers

Enforcement action against illegal waste activity is a matter for the local authorities and the Office of Environmental Enforcement of the Environmental Protection Agency (EPA), and my Department does not compile statistics in relation to fines imposed. For the years 2009 to 2011, such statistics are publicly accessible through the Local Government Management Agency's series of annual reports on Service Indicators in Local Authorities, available from the publications section of the LGMA's website www.lgma.ie.

My Department continues to provide significant financial support to a network of local authority waste enforcement officers, as well as to the Office of Environmental Enforcement. My Department also provides the legislative framework under which both local authority and EPA enforcement action is initiated. Notwithstanding the significant penalties already in place for both littering and illegal dumping, my Department is currently preparing legislative proposals that would provide for the introduction of a specific on-the-spot fine for incidences of fly-tipping or small-scale illegal dumping. Subject to approval by the Government, I would expect to be in a position to forward the Heads of Bill to the Office of the Attorney General for drafting shortly.

Household Charge Collection

Questions (408)

Michael McCarthy

Question:

408. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if a person (details supplied) is entitled to a refund on their household charge payment which has arisen as a result of an administrative error that stated an estate was liable to pay it when in fact it was not; the way the householder in question can apply for the refund; and if he will make a statement on the matter. [20182/13]

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Written answers

As part of the process of preparing the National Housing Development Survey 2011, published by my Department in October 2011, local authorities provided details of all unfinished housing developments in their areas. Unfinished housing developments were divided into four categories as follows:

- Category one, where the development is still being actively completed by the developer, or where no serious public safety issues exist;

- Category two, where a receiver has been appointed;

- Category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and

- Category four, where the development has been effectively abandoned and is posing serious problems for residents.

This categorisation formed the basis for the list of those unfinished developments eligible for a waiver on the annual household charge. Only households in developments in categories three and four are eligible for the waiver from payment of the household charge. The list of developments in which households are eligible for the waiver in 2012 is set out under the Local Government (Household Charge) Regulations 2012.

Question No. 409 answered with Question No. 400.

Deposit Protection Scheme Establishment

Questions (410)

Pearse Doherty

Question:

410. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government his plans to introduce a deposit protection scheme for residential tenants; and if he will make a statement on the matter. [20294/13]

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Written answers

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. Under section 12 (1)(d) of the Act a landlord is obliged promptly to refund deposits unless, and in accordance with the provisions of the Act, rent or other charges or taxes are owing or there is damage to the property beyond normal wear and tear.

On foot of the commitment in the Programme for Government 2011 to introduce a tenancy deposit protection scheme I asked the Private Residential Tenancies Board (PRTB) to commission research on such a scheme and to report back to me with recommendations. The final report and recommendations were submitted to me on 12 November 2012 and I am examining the report with a view to providing for the establishment of a tenancy deposit protection scheme in the context of the Oireachtas consideration of the Residential Tenancies (Amendment) (No. 2) Bill 2012.

Local and Community Development Issues

Questions (411)

Ciaran Lynch

Question:

411. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government when an already approved grant to a community association (details supplied) in County Cork will be paid in view of commitments made and expenses incurred; and if he will make a statement on the matter. [20306/13]

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Written answers

Following a thorough examination of project activity under the LEADER elements of the Rural Development Programme (RDP) I announced, on 24 April 2013, the lifting of the embargo on project approvals.

The completion of this review has facilitated the immediate issuing of RDP contracts for approximately €42 million worth of projects which have been approved by the Board of the Local Development Companies (LDCs) and have all the necessary requirements in place. 

The LDCs, including South East Cork Area Development the LDC dealing with this project, have been allowed two weeks to notify my Department as to whether all of the projects within this €42 million are ready to proceed. I understand that this project forms part of the €42 million and the group should hear from the LDC shortly with a view to progressing the project.

Water Charges Introduction

Questions (412)

Seán Fleming

Question:

412. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the discussions he has had with other Departments in respect of the introduction of water charges; and if he will make a statement on the matter. [17866/13]

View answer

Written answers

The Programme for Government provides for the introduction of domestic water charges as part of wider reforms of water services provision. The Government considers that charging based on usage is the fairest way to charge for water and it has decided that water meters should be installed in households connected to public water supplies. The Government has also decided that Irish Water, the new State-owned water company established as an independent subsidiary within the Bord Gáis Éireann Group. All Departments were consulted in relation to these matters in advance of these decisions. My Department remains in regular contact with a number of Government Departments in relation to various aspects of the water reform programme.

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