Written Answers Nos. 163-170
163. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will outline the regulations that enable local authorities to regulate and control the type of coal supplied in the State; the additional powers that are provided to local authorities in this regard and the type of fuel permitted for use in both residential and commercial premises; and if he will make a statement on the matter. [25961/13]
View answerThe Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 regulate the sale of solid fuel in the State and provide the basis for the smoky coal ban . The main legislative provisions that apply inside smoky coal ban areas include: a ban on the marketing, sale, distribution and burning of smoky coal; a requirement to sell solid fuel in sealed bags with a printed notice; a requirement for commercial operators to maintain a register, if storing smoky coal for the purpose of placing on the market or on sale at a separate location outside the ban area; transportation of smoky coal in minimum quantities of 3 metric tonnes in Dublin or 1 tonne inside other ban areas; and retention of records by drivers of vehicles transporting smoky coal, detailing the type of fuel on board, who supplied it and to where it is being transported.
The Regulations also require that all smoky coal sold outside smoky coal ban areas for residential use outside those areas must have a sulphur content of no more than 0.7%. This consolidates the environmental and related human health benefits achieved by an earlier voluntary agreement with the Solid Fuel Trade Group (SFTG), representing the majority of major coal importers.
Coal bagging operators and certain solid fuel suppliers trading in smoky coal must be registered with the Environmental Protection Agency (EPA). Those who must register include all fuel wholesalers and distributors of smoky coal but only those retailers for whom 50% or more of their total annual sales proceeds are from smoky coal. However, all retailers who trade in smoky coal must ensure that their fuel wholesalers are registered with the EPA and must hold a record to this effect with their supplier's registration number.
The Regulations are enforced by local authority authorised persons. Authorised persons may undertake inspections of premises and vehicles being used for the sale and distribution of solid fuel as well as collect samples. A local authority may bring a prosecution under section 11 of the Air Pollution Act 1987 for breaches of the Regulations. The maximum penalty for breaches of the Regulations is a fine of €5,000 and/or imprisonment for up to six months on summary conviction.
164. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 271 of 7 May 2013, in relation to the shared ownership scheme and concerning transactions that commenced on or after 1 January 2003, if the local authority equity in the property is revalued annually; and if the value of the property can be valued downwards or if the value of the property used in the calculation of the rent is determined only once at the commencement of the transaction and set as the base value for all further rent calculations. [25972/13]
View answerThe revised post-2002 shared ownership scheme provides for a mechanism where by the rent al equity is treated as a capital loan and the interest rate charged is the standard local authority mortgage rate. This rental equity repayment is remitted against the local authority loan for that equity. In circumstances where the rental payments remitted exceed the interest due on the loan, the balance is set against outstanding capital, thus decreasing the balance of equity due for subsequent acquisition by the borrower . The scheme does not provide for downward valuation of the equity.
The rental equity value held by the local authority at the commencement of the transaction is the base value from which the rent is recalculated on an annual basis. The rent payment starts at 4.3% of the initial rental equity balance and is increased by 4.5% per annum. Amounts paid above the variable interest rate, currently 2.75%, are credited against the outstanding rental equity balance.
The Government’s 2011 housing policy statement announced the standing down of all affordable housing schemes, including the shared ownership scheme, in the context of a full review of Part V of the Planning and Development Act 2000. That review is now almost concluded and I have also asked the Housing and Sustainable Communities Agency to provide me with a stand alone analysis of the shared ownership scheme, including identification of the main difficulties and recommendations for mitigating measures. Any future changes to legislation governing affordable housing schemes, including the shared ownership scheme, will be made in the context of both pieces of work and I expect to make announcements in this regard in the near future.
165. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government the reason persons who paid their household charge have not received official receipts from the household charge bureau; when their receipts of payment will issue to persons who have paid their charge; and if he will make a statement on the matter. [25983/13]
View answerThe Local Government Management Agency is administering the Household Charge system on a shared service/agency basis for all county and city councils. Queries concerning Household Charge operational matters should be directed to the Agency or to the relevant local authority.
166. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government if he will examine the possibility of a support local business clause being inserted in a percentage of business transactions or dealings undertaken by local authorities and or the municipal authorities to be set up. [26033/13]
View answerThe Public Procurement Guidelines issued by the National Public Procurement Policy Unit in the Department of Public Expenditure and Reform apply to all public sector bodies, including local authorities. I am advised that these Guidelines provide that supplies or services less than €5,000 in value may be purchased on the basis of verbal quotes from one or more competitive suppliers and those between €5,000 and €25,000 in value on the basis of responses to specifications sent by fax or email to at least three suppliers or service providers. Contracts with an estimated value of €25,000 or more are requested to be advertised on the national public procurement website etenders.gov.ie. While contracting authorities are not required to advertise on this website for requirements below €25,000, they are encouraged to do so if the anticipated response would not be disproportionate, having regard to the value of the goods and services. Depending on the nature of the requirement, it may be appropriate to supplement national website advertising in other media, trade publications and /or other websites.
While the local government sector must comply with such guidelines, local authorities are actively engaged with local enterprises in promoting local economic development. The Government decision to integrate the local micro-enterprise support services currently undertaken by CEBs with local authorities, and the establishment of Local Enterprise Offices (LEOs), will provide a strong platform for the local authority economic role and will significantly boost the ability of local government to play a lead role in business support locally. As Local Enterprise Offices (LEOs) are created in local authorities, the capacity of the sector to support local businesses and deliver national policy in support of micro-enterprises will be enhanced. This will include the provision of advice and support to micro-enterprises and Small Medium Enterprises SMEs to engage with the changing procurement processes in the public sector.
The development of policy in relation to the inclusion of social policy clauses in procurement contracts is a matter for my colleague, the nister for Public Expenditure and Reform.
167. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he considers that, in circumstances where he and his Department have no function with regard to individual planning decisions, he will provide a look-back mechanism in the Planning and Development Bill 2013, whereby instances of questionable planning since the 1963 Act can be referred to the regulator for adjudication; and if he will make a statement on the matter. [26042/13]
View answerThe Planning and Development Act, 2000 (as amended) provides that an applicant for permission and any person who made submissions or observations in writing in relation to the planning application to the planning authority in accordance with the permission regulations and on payment of the appropriate fee, may, at any time before the expiration of the period of four weeks beginning on the day of the decision of the planning authority, appeal to An Bord Pleanála against a decision of a planning authority. As an independent planning appeals body, An Bord Pleanála has the key role in ensuring that planning decisions on appeal respect the principles of proper planning and sustainable development. I have, therefore, no proposals to provide for the matter as proposed.
168. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will provide figures relating to the total sum allocated to the local government fund in each year from its establishment to date in 2013; and the total sum transferred to local authorities in the form of general purpose grants from the LGF for each such year. [26048/13]
View answerThe information requested from the Local Government Fund accounts is set out in the accompanying table.
|
Year |
Total LGF Income |
General Purpose Grant Payments |
|
*1999 |
820,131,777 |
438,575,786 |
|
2000 |
866,953,844 |
469,148,003 |
|
2001 |
988,981,429 |
556,732,759 |
|
2002 |
960,644,368 |
591,688,064 |
|
2003 |
1,131,814,176 |
662,835,500 |
|
2004 |
1,212,712,045 |
759,545,894 |
|
2005 |
1,302,881,350 |
826,759,971 |
|
2006 |
1,414,290,184 |
884,853,776 |
|
2007 |
1,499,619,271 |
947,657,879 |
|
2008 |
1,610,744,945 |
999,212,659 |
|
2009 |
1,500,722,644 |
832,668,626 |
|
2010 |
1,263,846,393 |
762,784,350 |
|
2011 |
1,189,427,800 |
699,761,892 |
|
**2012 |
1,167,502,929 |
637,106,314 |
|
***2013 |
1,119,900,000 |
640,903,000 |
|
* Figures converted from punt (£) to Euro ( € ) |
||
|
** Unaudited Local Government Fund account figures |
||
|
***Revised Estimates Volume 2013 figures |
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169. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding the ongoing problem affecting the output of water from the Roundwood reservoir (details supplied); and if he will make a statement on the matter. [26062/13]
View answerI refer to the reply to Question No 459 of 28 May which sets out the position in this matter.
170. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he has received the report from the boundary committee regarding the local election boundaries that are to be used in next year's local elections in May 2014; when he intends to publish the report; and if he will make a statement on the matter. [26156/13]
View answerI have not yet received the report of the Local Electoral Area Boundary Committee which I established on 15 November 2012 to review and make recommendations on the division of each council area, other than Cork City, into local electoral areas, and to make recommendations on the number of members of each council to be assigned to each local electoral area. The Committee was requested to submit its report as soon as possible and, in any event, not later than 31 May 2013.
