Thursday, 23 May 2013

Written Answers Nos. 129-137

Private Residential Tenancies Board

Questions (129)

Andrew Doyle

Question:

129. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if persons have been fined by the Revenue Commissioners for not registering as tenants or landlords with the Private Residential Tenancies Board as a result of the collection of the local property tax; if any actions will result for persons who now register with the PRTB as landlords or tenants; if any penalties will arise for persons involved; and if he will make a statement on the matter. [24950/13]

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Act sets out the obligations of tenants and landlords in the sector and the Private Residential Tenancies Board (PRTB) is the independent statutory body charged with the administration of the Act and the enforcement of those obligations.

The Residential Tenancies Act 2004 applies to every residential dwelling that is the subject of a tenancy and that does not fall within any of the exemption categories set out in section 3 of the Act. Section 134 of the Act places a legal obligation on the landlords of such dwellings to apply to the PRTB to register the tenancies and such application is to be made within one month from the commencement of the tenancy. The legal obligation to register a tenancy rests solely with the landlord.

The cost of registration is €90 for a single tenancy. Where the tenancy is registered more than one month after the commencement of the tenancy an additional late fee of €90 is payable.

The PRTB enforces tenancies registration requirements in accordance with the provisions of the Act, specifically sections 144 and 145, which provide for the issuing of notices to landlords and/or occupiers of the dwellings in question and the prosecution of offenders for non-compliance with the registration requirement.

While the Act makes provision for the exchange of information between the Revenue Commissioners and the PRTB the Revenue Commissioners do not have any role in enforcing the obligation on landlords under the Act to register tenancies.

Proposed Legislation

Questions (130)

Eric J. Byrne

Question:

130. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government the position regarding the Non-Use of Motor Vehicles Bill 2013 (details supplied); and if he will make a statement on the matter. [24807/13]

Written answers

Minister for the Environment, Community and Local Government

The Non-Use of Motor Vehicles Bill 2013 makes provision for the charging of an administration fee through secondary legislation. The Bill makes no provision for the charging of a premium over and above the reasonable cost of administration and it cannot, therefore, be used as a tax-raising measure. It was indicated in the Second Stage debate in the Dáil on 24 April 2013 that there is no plan, at present, to prescribe a fee.

Once the Bill is enacted and in operation, where a non-use declaration is made in accordance with the provisions of section 7 and the vehicle in question is not in use in a public place, no liability for motor tax will arise for the duration of that declaration. “Use” in this regard will include keeping or leaving a vehicle stationary.

Proposed Legislation

Questions (131)

Clare Daly

Question:

131. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his plans to allow an amendment to the Building Control Act 2007 to include an amendment for self-trained, trained or unlicensed architects to benefit from a genuine grandfather clause. [24828/13]

Written answers

Minister for the Environment, Community and Local Government

Part 3 of the Building Control Act 2007 sets out the statutory arrangements for the registration of architects. A variety of routes to registration are provided for in the Act, including specific provision (under section 22) for the registration of practically trained persons who may have no academic qualifications or formal education in the discipline of architecture but who had been performing duties commensurate with those of an architect for a period of ten years prior to the commencement of the Act.

I share the concerns of those who feel that fewer applications have been made to date by practically-trained architects than might reasonably be expected, notwithstanding the provision in that regard in the Act. I have recently asked Mr Garret Fennell, Solicitor, who is currently serving as the Chairperson of the Admissions Board relevant to the register of Architects, to carry out an independent review of the experience to date in relation to the operation of the register with a view to identifying any further improvements that can be made at this point. I have particularly asked for his recommendations or views on how the registration of practically trained architects can be further encouraged.

Local Government Reform

Questions (132)

Eric J. Byrne

Question:

132. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government if he will outline, in respect of existing structures, the names of those persons who currently sit on the socioeconomic committees for Dublin as envisaged by Putting People First; and if he will make a statement on the matter. [24831/13]

Written answers

Minister for the Environment, Community and Local Government

Following on from the publication of Putting People First – Action Programme for Effective Local Government, an Alignment Working Group has been established to assist and advise on the implementation of the recommendations of the Local Government/Local Development Alignment Steering Group.

A key area of focus for the Working Group is the establishment of Socio-Economic Committees and preparations are under way in this regard. I anticipate that Socio-Economic Committees as envisaged in Putting People First and recommended by the Alignment Steering Group will be established in up to 10 local authority areas, including Dublin City, Dun Laoghaire-Rathdown and South County Dublin, in the coming weeks, with a full roll-out across the remaining local authority areas to commence in autumn this year.

Within broad guidelines being developed with the support of the Alignment Working Group, the membership of Socio-Economic Committees will comprise a range of public and private partners drawn from the local and community development sectors, civil society, local authorities and relevant State Agencies.

Water and Sewerage Schemes Status

Questions (133)

Stephen Donnelly

Question:

133. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government if residents are entitled to apply for a core facility wastewater treatment plant to be fully taken in charge, should the majority of householders in the area support an application to do so, as laid out in the 2008 circular letter PD 1/08 on guidelines for implementation of section 180 of the Planning and Development Act 2000; and if he will make a statement on the matter. [24837/13]

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

Section 180 of the Planning and Development Act 2000 places a legal obligation on planning authorities to take in charge residential developments, finished or unfinished, where certain conditions have been met. My Department’s Circular Letter PD 1/08 required planning authorities to develop or update their policy on taking in charge, as approved by the members of the authority, on the basis of the framework set out in the Circular and its annex. This framework identifies wastewater treatment plants as among the facilities to be considered for taking in charge.

Water and Sewerage Schemes Status

Questions (134)

Stephen Donnelly

Question:

134. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government the position regarding the Garden Village, Newtownmountkennedy sewerage scheme, County Wicklow, in the context of works outlined in the Water Services Investment Programme 2010-2012; the proposed dates for commencement and completion; and if he will make a statement on the matter. [24904/13]

Written answers

Minister for the Environment, Community and Local Government

The Newtownmountkennedy Sewerage Scheme (Garden Village network contract) is included in my Department’s Water Services Investment Programme 2010 - 2013 as a contract to start during the lifetime of the programme.

My Department is currently awaiting Wicklow County Council’s submission of a revised brief for consultants for the preparation of the Preliminary Report for the scheme.

Leader Programmes Funding

Questions (135)

Éamon Ó Cuív

Question:

135. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the type of projects funded under the basic services measure of the Leader programme; the amount of money left to be committed under this measure; and if he will make a statement on the matter. [24913/13]

Written answers

Minister for the Environment, Community and Local Government

Axis 3 & 4 (LEADER) of the Rural Development Programme 2007-2013 (RDP) aims to address quality of life issues in rural areas. More specifically the basic services measure of the RDP aims to identify and provide appropriate cultural and leisure facilities to local communities not otherwise available to them. The lack of such facilities in some rural communities is a significant impediment to their further development, and it is in this context that significant financial resources have been made available to rural communities all over Ireland under the basic services measure of the RDP since it commenced in 2009.

From an overall original programme allocation of €427 million, €49.61million was allocated to the basic services measure at the start of the programme. The RDP was amended in 2012 to take account of the increased EU co-funding rate of 85% which resulted in an overall decrease in the Axis 3&4 allocation. These changes also facilitated a more centralised approach to the allocation of funding with the removal of individual measure allocations. At that point the Basic Services measure had a very high level of both spend and commitment and I facilitated an extra €19.3m million to measure.

To date expenditure under the basic services measure has reached €32.5 million with a further €18.6m million in contractual commitments to be paid before the end of the Programme. This represents a significant proportion of both the original and revised programme allocation, and, in this context, the measure has now reached its full allocation. My Department is working with the Local Development Companies contracted to deliver LEADER elements of the programme to support in particular the provision of both direct and indirect support to entrepreneurial activity in rural areas for the remainder of this programming period including support for agricultural diversification, new business creation and rural tourism. However, there is still funding available for innovative solutions for the renewal and development of small towns and villages as well as the conservation and upgrading of the rural heritage.

The €32.5 million already spent under the basic services measure has provided support for a very diverse range of projects all over Ireland. In particular the measure has supported the development of a number of community centres that facilitate social and leisure activities, often in remote rural areas. The measure has also supported the provision of certain arts and cultural facilities, along with small scale leisure infrastructure such as playgrounds and sporting facilities.

Water Pollution

Questions (136)

Denis Naughten

Question:

136. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will approve proposals presented to his Department by Roscommon County Council to address the cryptosporidium problem in the Roscommon central regional water supply; and if he will make a statement on the matter. [24924/13]

Written answers

Minister for the Environment, Community and Local Government

A proposal to address the cryptosporidium problem on the Roscommon Central Regional Water Supply was received from Roscommon County Council in my Department on Friday evening, 17 May. The Council proposes to install a temporary water treatment plant at the Ballinagard Springs and to close the Rockfied source. On 21 May I gave my approval to the Council’s proposal. The total cost of providing the temporary treatment plant is estimated at some €412,000 and my Department will fund the works under the Small Public Water Supply Schemes programme.

My Department’s Water Services Investment Programme 2010 – 2013, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Roscommon. The Roscommon Central Regional Water Supply Scheme, Water Treatment Plant (Ballinagard Springs), which is part of the bundled Four Roscommon Regional Water Supply Schemes, is included in the Programme as a contract to start construction. This scheme will provide a permanent solution to the cryptosporidiosis problems in the area.

I approved the Contract Documents for Contract No. 2 - DBO Water Treatment Works for the Four Roscommon Regional Water Supply Schemes – Arigna, Boyle/Ardcarne, Roscommon Central and South Roscommon Regional Water Supply Schemes in March 2013. Tenders for these four schemes are due to be submitted to Roscommon County Council in early July and when the Council submission in that regard is received in my Department it will be dealt with as quickly as possible.

Property Tax Administration

Questions (137)

Billy Timmins

Question:

137. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding the non-principal private residence tax (details supplied); and if he will make a statement on the matter. [24955/13]

Written answers

Minister for the Environment, Community and Local Government

The Local Property Tax is being introduced on a half year basis this year, and accordingly, 50% of the Tax is payable in 2013. This year will also be the final year of the operation of the Non Principal Private Residence Charge.

The Non Principal Private Residence Charge and the Local Property Tax operate under different mechanisms: the Charge is incurred on the basis of a flat rate of €200 per liable property per annum; the amount of Local Property Tax incurred in respect of a liable property is based on that property’s value. Therefore, it is not appropriate to assume equivalence between the Charge and the Tax.