Written Answers Nos. 592-609
592. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government when he has last been briefed on the Justice Finnegan process to resolve all outstanding issues for the residents of Priory Hall, Dublin; the date on which he believes that the process will be concluded; and if he will make a statement on the matter. [27070/13]
View answerThe resolution process in respect of the problems associated with the development at Priory Hall, which I understand is on-going, arose in the context of legal proceedings which were adjourned to afford relevant parties the opportunity to work together, under the chairmanship of Mr. Justice Finnegan (retired President of the High Court), to identify a way forward in relation to the complex problems at Priory Hall. Neither I nor the Department is a party to those proceedings. Given that the matter is before the courts, it would be inappropriate for me to comment further other than to continue to urge all concerned to afford Mr. Justice Finnegan the opportunity to complete the task which he is undertaking.
593. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that Dublin City Council has voted to move away from the historic points and priority housing allocation system to a time on the list system; the date on which he will sign the ministerial order to facilitate the change to this system; the reason there has been a delay in signing this order; the way he intends to address the re-housing of the 100,000 people on the housing lists; and if he will make a statement on the matter. [27071/13]
View answerUnder section 22 of the Housing (Miscellaneous Provisions) Act 2009 all housing authorities are required to make an allocation scheme (in place of a scheme of letting priorities) for social housing. The making and amendment of such an allocation scheme is a reserved function of the elected members of each housing authority. The social housing allocation regulations 2011, which came into effect on 1 May 2011, set out the conditions that housing authorities must take into account when making their allocation schemes including the manner of allocation and order of priority for their authority. This provides Dublin City Council with the relevant legislative basis to underpin their move to the new system. Housing authorities may pursue the “time on the list” approach under the current regulations.
The Government is committed to responding more quickly and on a larger scale to social housing support needs through a variety of mechanisms, including through increased provision of social housing. In July 2012 I announced details of a three-year funding programme of €100 million to deliver some 800 new units of voluntary and local authority owned social housing. I am monitoring expenditure under my Department’s housing programme for 2013, together with the level of contractual commitments extending into 2014, with a view to a decision later this year on approving some limited new construction and house purchases over the period to end 2014.
Delivery of social housing will be significantly facilitated through more flexible funding models such as the rental accommodation scheme and leasing but the Government is also committed to developing other funding mechanisms that will increase the supply of permanent new social housing. Such mechanisms will include options to purchase, build to lease and the sourcing of loan finance by approved housing bodies for construction and acquisition. There is also obvious potential, across a range of housing programmes, for the Government’s objective of sourcing and providing suitable residential units for use as social housing to be aligned with the commercial objectives of the National Asset Management Agency (NAMA). My Department and the Housing Agency are engaged with NAMA to identify suitable housing units for social purposes and this process is on-going.
594. Deputy Pat Deering asked the Minister for the Environment, Community and Local Government if he will consider relaxing the non-principal private residence tax to 50% for this year, as an individual who owns a second property and has been paying €200 pa is this year expected to pay €245 if Band 1, €312 if Band 2, €357 if Band 3, whereas in 2014 Band 1 will be €90, Band 2 €225 and Band 3 €315; and if not, the justification for the tax being more in 2013 than in either 2012 or 2014, given that most of these houses are in huge negative equity with owners already struggling to meet mortgage payments. [27377/13]
View answerThe local property tax is being introduced on a half year basis this year and accordingly 50% of the tax is payable in 2013. The amount of local property tax incurred in respect of a liable property is based on that property’s value, while the non-principal private residence charge is incurred on the basis of a flat rate of €200 per liable property per annum. Therefore, it is not appropriate to assume equivalence between the charge and the tax. This year will be the final year of the operation of the non-principal private residence charge.
595. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government further to a previous parliamentary question, when details of the new 2013 tenant purchase scheme will be made available; when will the new scheme be open to tenants that wish to make an application; if he will introduce a new tenant purchase scheme as at present no such scheme exists and this is totally unacceptable; and if he will make a statement on the matter. [27388/13]
View answer605. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will immediately commence a tenant purchase scheme for all council tenants in the country; and if he will make a statement on the matter. [27514/13]
View answerI propose to take Questions Nos. 595 and 605 together.
While the 1995 tenant purchase scheme for existing local authority houses closed for new applications on 31 December 2012, two incremental purchase schemes remain in operation, one for newly-built local authority houses and the other for local authority apartments. It is intended to advance the necessary legislative proposals as soon as practicable to underpin an incremental purchase scheme for existing local authority houses. Such a scheme will involve discounts for purchasing tenants linked to household income and a discount-related charge on the property that will dwindle away over a period unless the house is resold or the purchaser fails to comply with conditions of the sale. The commencement date and precise terms of the new scheme will be set out in regulations when the necessary legislation is enacted.
596. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he will advise on an ordeal involving anti-social behaviour in a local authority housing unit (details supplied) in County Cork; if his attention has been drawn to the fact that the local authority is unable to act due to lack of enforcement powers; if he will advise on the way affected residents can be assisted and peace can be restored to the area; and if he will make a statement on the matter. [27389/13]
View answer630. Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government if he is considering legislation to provide greater powers to local authorities in dealing with anti-social behaviour problems; and if he will make a statement on the matter. [27752/13]
View answerI propose to take questions Nos. 596 and 630 together.
Each housing authority is responsible, under section 58 of the Housing Act 1966, for the management and maintenance of its housing stock. It would be inappropriate for me to comment on management issue s relating to particular dwellings as I have no statutory function in individual cases. Housing authorities have a range of statutory housing powers to assist them in tackling anti-social behaviour in their housing stock. These powers include the power to refuse to allocate, or to refuse to sell, a dwelling to a person engaged in anti-social behaviour and the power to seek a court order excluding a person engaged in anti-social behaviour (other than the tenant) from entering a local authority dwelling or estate for a period of up to 3 years. Each housing authority also has a statutory duty to adopt and review an anti-social behaviour strategy for the prevention and reduction of anti-social behaviour in its housing stock, which must provide for co-operation with other relevant bodies, notably the Gardaí, who have a range of measures in place to deal with allegations of such behaviour generally.
Proposals for a Housing (Miscellaneous Provisions) Bill currently being developed in my Department include a new procedure that will enable housing authorities to recover possession of their dwellings from households in serious breach of their tenancy agreements, including engagement in anti-social behaviour. I am also examining the scope for making the excluding order powers of housing authorities more effective in tackling anti-social behaviour without having to evict entire families from their homes.
597. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when a project (details supplied) in County Mayo will be approved and receive funding; and if he will make a statement on the matter. [27393/13]
View answerAn estimated programme allocation of €370m is available under the rural development programme, RDP, 2007-2013 for allocation to qualifying projects up to the end of 2013. There are 35 local action groups contracted, on my Department’s behalf, to deliver the RDP throughout the country and these groups are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the local development strategy of the individual groups and in line with Departmental operating rules and EU regulations.
I understand that the project in question has recently been agreed by the board of South West Mayo Development Company for funding and will be submitted to my Department for sanction in the near future, as projects that request funding of €150,000 or more are required to seek final approval from my Department.
598. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when a project (details supplied) in County Mayo will be approved and receive funding; and if he will make a statement on the matter. [27394/13]
View answerDuring the embargo on project approvals under the Leader elements of the rural development programme 2007-2013 my Department allowed certain festival/Gathering associated projects, which were time bound, to proceed subject to all the necessary approvals being in place, including the approval of the board of the Local Development Company, LDC. The project referred to in the question was one such project and sanction to approve it was given by my Department in April 2013.
I understand that the board of the LDC in question, South West Mayo Development Company , who are the principle decision makers in respect of project applications under the rural development programme, has not yet approved this project.
600. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when a project (details supplied) in County Mayo will be approved and receive funding; and if he will make a statement on the matter. [27396/13]
View answerThe project referred to in the question was approved funding by Mayo North East Leader Partnership, MNELP, on 20 April 2011. A claim for €34,886.35 was submitted by MNELP to my Department on 28 May 2013. This claim will be subject to the normal inspection and control checks and if all is in order will be paid in the coming weeks.
601. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the current legislative position and other regulations that govern noise pollution of model aircraft flying clubs; and if he will make a statement on the matter. [27430/13]
View answerCurrently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department’s website www.environ.ie.
602. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the work his Department is currently undertaking on various pieces of upcoming legislation, through a potential Bill to go through the Houses of the Oireachtas or through statutory instrument, to ensure Ireland is in compliance with the upcoming deadlines of directives from the European Union; the deadline in each case; and if he will make a statement on the matter. [27473/13]
View answerMy Department seeks at all times to ensure that the transposition of EU directives proceeds in a timely manner, either through primary or secondary legislation, as appropriate. The following EU directives currently awaiting transposition by end 2013 are being addressed by my Department, and are expected to be transposed into Irish law in advance of the deadline.
|
Title of EU Directive |
Transposition Deadline |
Means of Transposition |
|
Commission Directive 2013/2/EU of 7 February 2013 which amends Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste. |
30 September 2013 |
Statutory Instrument |
|
Commission Directive 2012/46/EU of 6 December 2012 amending Directive 97/68/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery. |
21 December 2013 |
Statutory Instrument |
Ireland topped the most recent EU Internal Market Scoreboard (covering the latter half of 2012), which measures Member States’ success in transposing EU law into domestic legislation. During this period, Ireland transposed all required EU legislation within the set deadlines and was the only Member State to achieve a position of full transposition.
603. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the number of requests he has received during the period 1 January to 31 May 2013 from Fingal County Council and Dublin City Council seeking sanction to fill positions at each of the local authorities; the outcome of all of these requests; and the nature of each of the positions involved. [27483/13]
View answerThe moratorium on public sector posts was introduced 2009 and my Department operates a delegated sanction for its implementation in relation to local authorities. Under section 159 of the Local Government Act 2001, each city and county manager is responsible for staffing arrangements in individual local authorities. Under the terms of the moratorium any exceptions must be sanctioned by my Department. Details of the sanction requests received from Fingal County Council and Dublin City Council in the period 1 January 2013 to 31 May 2013 are outlined in the following tables.
Fingal County Council
|
Local Authority |
Date of Staffing Request |
Title of Post(s) |
Number of Post(s) |
Type of Contract sought |
Outcome |
|
Fingal Co |
28/01/2013 |
Beach Lifeguard |
30 |
Contract |
Approved |
|
Fingal Co |
28/01/2013 |
Director of Services |
1 |
Acting |
Approved |
|
Fingal Co |
28/01/2013 |
Staff Officer |
2 |
Acting |
Approved |
|
Fingal Co |
20/03/2013 |
Procurement Officer |
1 |
Contract |
Approved |
|
Fingal Co |
20/03/2013 |
School Warden |
1 |
Permanent |
Pending |
Dublin City Council
|
Local Authority |
Date of Staffing Request |
Title of Post(s) |
Number of Post(s) |
Type of Contract sought |
Outcome |
|
Dublin City |
17/01/2013 |
Senior Engineer |
1 |
Permanent |
Approved |
|
Dublin City |
17/01/2013 |
Senior Building Surveyor |
1 |
Permanent |
Pending |
|
Dublin City |
17/01/2013 |
Biodiversity Officer |
1 |
Contract |
Approved |
|
Dublin City |
17/01/2013 |
Substation Officer - Fulltime |
1 |
Permanent |
Approved |
|
Dublin City |
17/01/2013 |
District Officer |
1 |
Permanent |
Approved |
|
Dublin City |
17/01/2013 |
Manager Land Surveying |
1 |
Permanent |
Approved |
|
Dublin City |
29/01/2013 |
Senior Executive Engineer |
1 |
Permanent |
Pending |
|
Dublin City |
29/01/2013 |
Inspector |
1 |
Permanent |
Approved |
|
Dublin City |
30/01/2013 |
Trainee Solicitor |
2 |
Contract |
Approved |
|
Dublin City |
06/02/2013 |
Project Estate Officer |
13 |
Permanent |
Approved |
|
Dublin City |
27/02/2013 |
Assistant ICT Manager |
1 |
Contract |
Approved |
|
Dublin City |
27/02/2013 |
Area Maintenance Officer |
1 |
Permanent |
Pending |
|
Dublin City |
27/02/2013 |
Executive Solicitor |
1 |
Contract |
Approved |
|
Dublin City |
27/02/2013 |
Senior Executive Solicitor |
1 |
Contract |
Approved |
|
Dublin City |
27/02/2013 |
Craft Fitter |
4 |
Contract |
Approved |
|
Dublin City |
27/02/2013 |
Staff Support Counsellor |
1 |
Permanent |
Approved |
|
Dublin City |
28/02/2013 |
Executive Manager |
1 |
Permanent |
Approved |
|
Dublin City |
28/02/2013 |
Assistant Chief Fire Officer |
4 |
Permanent |
Approved |
|
Dublin City |
01/03/2013 |
Emergency Services Controller |
28 |
Permanent |
Approved (Appeal) |
|
Dublin City |
08/03/2013 |
Executive Manager - Engineering |
1 |
Contract |
Approved |
|
Dublin City |
08/03/2013 |
Senior Engineer |
1 |
Contract |
Approved |
|
Dublin City |
13/03/2013 |
Assistant Engineer |
11 |
Permanent |
Pending |
|
Dublin City |
13/03/2013 |
Executive Engineer |
15 |
Permanent |
Pending |
|
Dublin City |
20/03/2013 |
Assistant Staff Officer |
1 |
Permanent |
Pending |
|
Dublin City |
22/03/2013 |
Trainee Solicitor |
1 |
Acting |
Appeal |
|
Dublin City |
26/03/2013 |
Director - Dublin Regional Homeless Executive |
1 |
Permanent |
Approved |
|
Dublin City |
10/04/2013 |
Executive Technician |
1 |
Contract |
Approved |
|
Dublin City |
10/04/2013 |
Executive Engineer |
1 |
Contract |
Approved |
|
Dublin City |
10/04/2013 |
Meter Manager |
1 |
Contract |
Approved |
|
Dublin City |
10/04/2013 |
Duty Manager |
3 |
Permanent |
Approved |
|
Dublin City |
19/04/2013 |
Subofficer - Fulltime |
7 |
Permanent |
Approved |
|
Dublin City |
19/04/2013 |
Station Officer |
5 |
Permanent |
Pending |
|
Dublin City |
25/04/2013 |
Executive Manager |
1 |
Permanent |
Pending |
|
Dublin City |
29/04/2013 |
Senior Executive Engineer |
1 |
Contract |
Pending |
|
Dublin City |
02/05/2013 |
Senior Executive Scientific Officer |
1 |
Permanent |
Approved (Appeal) |
|
Dublin City |
07/05/2013 |
Executive Engineer |
1 |
Contract |
Pending |
|
Dublin City |
07/05/2013 |
Health & Safety Officer |
1 |
Contract |
Approved |
|
Dublin City |
21/05/2013 |
Rate Collector |
2 |
Permanent |
Pending |
|
Dublin City |
30/05/2013 |
Craft Gardener |
2 |
Permanent |
Appeal |
|
Dublin City |
30/05/2013 |
Senior Executive Scientific Officer |
1 |
Permanent |
Appeal |
604. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will outline the measures he intends to take upon the completion of the work of the Commission for the Economic Development of Rural Areas (details supplied); and if he will make a statement on the matter. [27493/13]
View answerMinister Coveney and I established the Commission for the Economic Development of Rural Areas, CEDRA, in September 2012 and tasked it to investigate the opportunities and challenges facing rural populations in the current economic climate. Since then the Commission has been working towards the publication of a report that will inform policies and strategies to support the economic development of rural Ireland into the future. The Commission, led by its chair, Mr. Pat Spillane, has been engaging in an extensive schedule of meetings with stakeholder groups and the public over recent months looking at the many issues that affect life in rural Ireland at present.
The Commission is also conducting a parallel research process and has invited interested parties to make submissions directly to it via its website at www.ruralireland.ie
. There is also an option to complete an online questionnaire. To date 60 questionnaires have been completed. In addition, 108 submissions have been received. In total between the consultation and research exercises 850 contributions have been received to date for consideration in the CEDRA research process. The Commission presented its preliminary findings at a conference in NUI Maynooth yesterday with the final report due in October 2013.
I believe there is clear evidence that rural communities all over Ireland have embraced the CEDRA research process. I am confident that the information that emerges from this process will provide invaluable insights into the potential for the economic development of rural areas and will assist policy making into the future. I look forward to receiving the final report, when it is complete, at which point both I and my colleagues in Government will give due consideration to its findings and make decisions regarding the appropriate actions to be taken.
Question No. 606 answered with Question No. 582.
607. Deputy Nicky McFadden asked the Minister for the Environment, Community and Local Government the impact of the national plan to consolidate fire services on the services provided in counties Westmeath and Longford; if all existing fire stations in both counties will remain open; which stations will offer services in cases of cardiac arrest; if he will clarify the position in relation to call vetting; and if he will make a statement on the matter. [27537/13]
View answerI recently adopted and published a policy document entitled, Keeping Communities Safe, KCS, which sets the future direction of fire services in Ireland. This is intended to ensure that Ireland continues to manage its fire risk effectively and that our success in reducing fire fatalities, at their lowest level for four decades in 2012, continues. KCS includes, inter alia, the re-alignment of structures to deliver effective fire services. This provides for fire services to remain as a local authority function, but service delivery is to be reshaped from the current 30 fire services to 21, with 14 single fire authorities and seven shared services. Longford/Westmeath, including Athlone Fire Authority, is included among the shared services.
There is significant experience among fire authorities of delivering aspects of their services on a shared service basis. This experience, coupled with the work already underway to integrate fire services in Tipperary, Limerick and Waterford, will provide a solid basis for developing an appropriate model of shared services for fire authorities, based on populations in the range of 120,000 to 200,000.
KCS is based on a risk management approach, which addresses the critical elements of fire prevention, protection and response. Each fire service is currently undertaking an initial risk categorisation process for its functional area in line with the provisions of KCS. In order to maintain local political accountability for fire services to the community, section 26 of the Fire Services Acts provides that it is a reserved function of local authorities, which maintain a fire brigade, to adopt fire and emergency operations plans indicating the provision made in respect of organisation, appliances, equipment, fire stations, training, operational procedure and any such matters as may be relevant. The risk categorisation process and the emerging best practice models mentioned above will help inform future local decision-making in this regard.
On the issue of calls for assistance in cases involving cardiac arrest, arrangements for the receipt of, and response to, emergency calls when medical assistance is required are matters in the first instance for the HSE/Department of Health. It is not policy currently to have fire service personnel mobilised and deployed to undertake the statutory functions of other agencies, other than in the Dublin area where, by a specific agreement, Dublin Fire Brigade provides an emergency medical service for a large part of the City and surrounding counties.
In relation to 999/112 telephone calls for fire service assistance, callers are questioned by trained operators in the three Regional Communications Centres to determine the nature of the incident, location, whether people are at risk etc. The response to emergency calls is then based on the particular incident type at the location given. The Pre-Determined Attendance, PDA, is an initial turnout dispatched by the Regional Control Centre, but this can be varied by the officer-in-charge in light of available information. The PDAs are set down by the Chief Fire Officer for each fire authority. However, in light of the desire for consistent service provision, there is now detailed, at Appendix A of the KCS policy document, a set of national PDAs for different categories of incident types. It is expected that each fire service will undertake a review in the context of the national PDAs and make any necessary adjustments.
608. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the position regarding the non-principal private charge in respect of a premises; and if he will make a statement on the matter. [27564/13]
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. Section 4(6) of the 2009 Act provides an exemption in circumstances in which a residential property is occupied free of rent as the sole or main residence by a person who is a relative of the property’s owner, and in which the owner resides elsewhere. In such circumstances the owner is not liable to pay the charge, provided that the property in question and the owner’s sole or main residence are within 2 kilometres of each other.
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 provisions of the Local Government (Charges) Act 2009, which address instances such as that referred to in the question.
609. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 167 of 29 May 2013 and No. 183 of 30 May 2013, if he will confirm that, notwithstanding the creation of an Office of Planning Regulator, even the most egregious legacies of planning abuse and corruption from the period beginning with the effecting of the Planning Act 1963 up to the implementation of the Planning and Development Bill 2013 as an Act of the Oireachtas, are henceforth to have a status in law similar to what would obtain had each instance been granted a formal amnesty, even in instances where malfeasance has been imputed by a Tribunal established by the Oireachtas; if he will confirm that the planning regulator and the State will take no further interest in the way the planning process which we now know to have been debased and corrupt allowed such excrescences in many instances into being; and if he will confirm that the State will take no further interest in the associated money trails; and if he will make a statement on the matter. [27575/13]
View answerMy replies to parliamentary questions Nos. 167 of 29 May 2013 and 183 of 30 May 2013 clearly set out the position in relation to the appeal of planning permissions granted by planning authorities and the role of An Bord Pleanála in ensuring that decisions on appeal respect the principles of proper planning and sustainable development. It may not be legally or constitutionally feasible to provide a power to the Office of the Planning Regulator to re-open historical planning decisions.
The Final Report of the Mahon Planning Tribunal revealed a number of instances in which the planning system failed to uphold the principles of proper planning and sustainable development. The Government has made clear its commitment to responding comprehensively to the Tribunal’s recommendations, including, most notably, by establishing an independent planning regulator. While the work of the Tribunal is now at an end the Government is committed to continuing to reform our planning system in order to restore and maintain public confidence and ensure that the principles of proper planning and sustainable development are fully respected.
In relation to the Deputy’s reference to money trails I would draw the Deputy’s notice to the most recent published report of the Revenue Commissioners which, in dealing with Special Investigations, records that to date €43 million has been secured in relation to the Moriarty/Mahon Tribunals.
