Written Answers Nos. 196-206
196. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will review the cumulative penalties being applied to the non-principal private residence charge in view of the fact that the fact that some property owners inadvertently did not realise their liability for this charge and now face unaffordable charges; and if he will make a statement on the matter. [23378/13]
View answerThe Local Government (Charges) Act 2009 broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The self-assessed charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties.
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 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. 2013 is the last year of operation of the Charge. Outstanding liabilities at end 2013 and resultant late payment penalties will be collected post 2013.
197. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will ensure that local authorities in considering requests for future planning permissions will take account of the record of builders and developers to deal satisfactorily with pyrite and other breaches of building regulations in their former projects and developments; and if he will make a statement on the matter. [23405/13]
View answerSection 35 of the Planning and Development Act 2000 provides that planning authorities may apply to the High Court for authorisation to refuse to grant planning permission to a developer who has substantially failed to comply with the conditions of a previous permission. This power was significantly strengthened in the Planning and Development (Strategic Infrastructure) Act 2006, which effectively reverses the burden of proof in relation to the refusal of planning permission to a developer who has substantially failed to comply with a previous planning permission. Under the amended provisions, the authority may refuse permission in such a case and the developer will have to go to the High Court if he or she wishes to apply to have this decision annulled.
In relation to the building code, I have recently signed into law the Building Control (Amendment) Regulations 2013. The revised regulations will require, inter alia ,
- the submission of compliance drawings and documentation to local building control authorities;
- an inspection plan to be drawn up and executed during construction by a registered professional (who will be known as the Assigned Certifier); and
- mandatory certificates of compliance to be signed by the designer prior to construction and by the Assigned Certifier and Builder when a building is complete.
I expect that the improved quality of the information submitted to local building control authorities on and from commencement will facilitate them in undertaking a risk based approach to inspection.
My Department is currently in discussions with the Construction Industry Federation, with a view to putting in place a voluntary scheme of registration for builders with the intention of transitioning this to a statutory scheme over time when it is proven to be a quality registration scheme and operating effectively in practice.
198. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government if he will ensure that the proposed housing assistance payment which will replace rent supplement will continue to be paid while a case is being heard by the Private Residential Tenancies Board, even if a landlord's termination notice has expired, in view of the fact that it is necessary to have a termination notice in order for the PRTB to hear the case; and if he will make a statement on the matter. [23413/13]
View answerThe details of the proposed Housing Assistance Payment Scheme (HAP) are being developed by my Department in conjunction with the Department of Social Protection, the County and City Managers Association and other relevant bodies through the project Steering Group. It is intended that the HAP scheme will come under the remit of the Residential Tenancies Act 2004.
Section 86(1) (a) of the Residential Tenancies Act 2004 provides that tenants must continue to pay rent pending the determination of a dispute that has been referred to the Private Residential Tenancies Board.
The Residential Tenancies (Amendment) (No 2) Bill 2012 Bill was published on 19 July 2012 and Second Stage in the Dáil concluded on 24 January 2013. It is proposed to include measures in the Bill during Committee Stage to address the problem of rent arrears and the over-holding of rented properties by tenants during the dispute process. This will allow the issue of non-payment of rent to be addressed promptly and separately to other elements of a tenant-landlord dispute if necessary.
199. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the discussion he and his officials had in October 2012 with a delegation from the Council of Europe regarding local government here; and if he will make a statement on the matter. [23419/13]
View answerI and relevant officials met a delegation from the Congress of Local and Regional Authorities of the Council of Europe on 4 October 2012. This was part of the periodic monitoring process undertaken by the Congress on the application of the principles in the European Charter of Local Self Government in Member States.
I understand that the delegation also had discussions with a number of other parties including local authority members and officials, Oireachtas Joint Committee members, Supreme and High Court personnel, the Ombudsman, and certain academics specialising in local government matters.
As this visit was prior to the publication of the Action Programme for Effective Local Government, which sets out Government decisions for local government reform, the delegation made a further visit to Ireland on 3 May 2013 to review the position in light of the Action Programme. The delegation again met me, and my Department and certain local government interests, including elected members’ representatives.
The Congress delegation and Secretariat have been provided with comprehensive information in relation to the Irish local government system and the local government reform programme and their report is now awaited.
200. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government if he will investigate and clarify the amount paid by Mayo North East LEADER Partnership Ltd and South West Mayo LEADER Partnership Limited to a company (details supplied) for the provision of public relations and consultancy services since 2007; the precise services provided in respect of each contract; and if he will make a statement on the matter. [23439/13]
View answerMy Department currently contracts a total of 51 Local Development Companies to deliver both the Local Community Development programme (LCDP) and the LEADER elements of the Rural Development Programmes 2007-2013 (RDP). Mayo North East LEADER Partnership Ltd and South West Mayo LEADER Partnership have informed my Department that no payment was made to MOR Public Relations, Galway in the context of the delivery of these programmes.
Local Development Companies contracted to deliver both the LCDP and the LEADER elements of the RDP are private limited companies and as such my Department has no remit with regards to any expenditure incurred by these companies outside of the programmes for which my Department has direct responsibility.
201. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the shortfall in funding for disability adaptations for housing in Dublin City Council which is causing hardship for those with disabilities who are stuck in housing which is not suitable for their needs; is restricting their ability to function further or in the case of an increasing number of patients in hospitals is preventing them from being discharged from acute or rehabilitation hospitals or public funded nursing home beds due to their homes being not suitable; and the steps he will he take to address the shortfall as a matter of urgency. [23471/13]
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. This year I allocated local authorities the full amount of their contractual commitments which, in the case of Dublin City Council, amounted to €2,906,500. 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 Dublin City Council’s overall allocation to € 4,932,320.
A small capital reserve was set aside to deal with any acute or particular difficulty which might arise in the operation of the schemes over the course of the year. Dublin City Council applied for additional funding from this reserve and was notified of a supplementary allocation of €118,063 on 22 April 2013, bringing the Council’s overall allocation for 2013 to €5,050,383.
In the case of extensions and adaptations to the local authority social housing stock, my Department allocates capital funding each year to wards the cost of necessary works to meet the needs of persons with a disability . In 2012, my Department recouped €6 .8 million to all local authorities for this purpose, of which some €1.6 million related to expenditure by Dublin City Council.
202. Deputy Joe McHugh asked the Minister for Justice and Equality if new remuneration arrangements for An Garda Síochána will include a specific clause to facilitate greater flexibility for individual gardaí (details supplied); and if he will make a statement on the matter. [23575/13]
View answerThe allocation of resources and matters relating to transfers are solely for the Garda Commissioner. However, it is proposed that the general issue of remuneration will be considered as part of a review of An Garda Síochána which is included in the proposals emanating from the recent discussions facilitated by the Labour Relations Commission on the Public Service Agreement.
203. Deputy Finian McGrath asked the Minister for Justice and Equality the reason no action was taken on a matter (details supplied). [23408/13]
View answerAs I advised the Deputy in my response to his Parliamentary Question dated 1st May 2013, I am informed by the Garda authorities that the incident, which occurred in 1989, was the subject of thorough investigation.
Complaints were also made to the Garda Síochána Complaint Board who further investigated the matter and found no evidence of an offence or breach of discipline on the part of the members concerned.
204. Deputy Joe McHugh asked the Minister for Justice and Equality with reference to the new regulations governing livestock marts,the reason marts are required to have a licensed auctioneer as a committee member and as principal officer; and if he will make a statement on the matter. [23454/13]
View answerThe Property Services Regulatory Authority (PSRA) is responsible for the control and regulation of Property Service Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Management Agents). Under the Property Services (Regulation) Act 2011, all Property Services Providers (including auctioneers in livestock marts) are required to hold a licence from the Authority. This requirement applies to corporate bodies (including companies), partnerships and sole traders, together with their Principal Officers (i.e. Director, Manager, Secretary or other similar officer) and Employees who provide property services, as well as Independent Contractors.
In the case of corporate bodies, such as marts, providing property services, it is necessary for the corporate body itself and for each principal officer and employee of the corporate body, who is involved in the provision of property services, to hold licences from the PSRA. These requirements are set out in the provisions of the Property Services (Regulation) Act 2011 and the PSRA does not have any discretion in relation to the matter.
205. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the Divisional Officer in the Dublin North region has made a request to his Department for additional Garda vehicles to be supplied to the Garda R District in the Dublin region as part of the fleet of Garda vehicles that are due to come on stream this year. [23512/13]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner, in the light of his identified operational demands and in the light of available resources. I am advised by the Garda authorities that the requirements of the R District are fully taken into account for the purpose of the allocation of transport resources within the Dublin Metropolitan Region North Division. The Deputy will be aware that an additional €3 million was made available towards the end of last year which enabled the Force to procure a further 171 vehicles. This brought total investment in the Garda fleet in 2012 to €4 million and resulted in a total of 213 new vehicles being procured during the year. I am informed by the Garda authorities that the roll out of the most recently purchased patrol vehicles has been completed.
In addition to the investment provided in 2012, a specific allocation of €5 million has been provided for the purchase and fit-out of Garda transport in the current year. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.
206. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to provide funding to An Garda Síochána for the reissue of the Uzi submachine gun to armed Garda units; and if he will make a statement on the matter. [23513/13]
View answerAs the Deputy will be aware, the specific arrangements made by An Garda Síochána in relation to firearms are, as operational matters, dealt with by the Garda Commissioner. In that context the Commissioner determines the appropriate measures to be put in place, including the specific firearms to be deployed, without reference to either myself or my Department.
In view of the nature of the functions involved, it would not be appropriate for me to comment on the firearms that are used by Garda personnel. However, I can assure the Deputy that the armed capability of Garda members is kept under on-going review by the Garda authorities.
