Written Answers Nos. 341-359
341. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application to North East Mayo Leader by a scheme (details supplied) in County Mayo; and when payment will be made. [29159/13]
View answerMayo North East Leader Partnership (MNELP) is the Local Action Group contracted by my Department to deliver both the Rural Development Programme (RDP) and the Local Community Development Programme to the North Mayo area.
On foot of correspondence received in 2011 regarding a possible governance issue at MNELP, a comprehensive investigation into the issues outlined was instigated. This proved to be a very complex investigation and, on foot of its initial findings and in the context of my Department’s responsibility to ensure that RDP funding is delivered in an efficient and effective way, a decision was made to suspend project approvals by the Partnership on 7 March 2012. However, the issuing of payments to eligible approved applications is progressing as normal.
The Final Report has been provided to the Department of Agriculture, Food and the Marine Managing Authority for the RDP. The Managing Authority has subsequently reported the findings to the European Commission and the external accreditation auditors (Deloitte). The Report has been considered in my Department and an Action Plan has been agreed with the Department of Agriculture, Food and the Marine. My Department has also agreed a series of actions to be taken by MNELP which are at an advanced stage of implementation .
I notified MNELP on 24 April 2013 of my intention to restore their contract under the Programme subject to certain arrangements being put in place and my Department is currently working on the practical details. I understand that no formal application has been received from the group referred to in the question. Once a formal application is submitted MENLP will be in a position to assess the application.
342. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the provisions that will be made for the wider Blanchardstown area, Dublin, in view of the provision in the Keeping Communities Safe document to make the Blanchardstown fire appliance available to answer calls in the Kildare area. [29227/13]
View answerI have recently published “ Keeping Communities Safe ” (KCS) as national policy for the future direction of fire services in Ireland. The document was prepared by the National Directorate for Fire and Emergency Management in my Department through a collaborative process, which included consultation with stakeholders. The intention is to ensure that Ireland continues to manage its fire risk effectively in accordance with current international best practice and that the successful approaches to fire safety, under which the level of fire fatalities recorded in 2012 was the lowest for four decades, are extended and consolidated.
“Keeping Communities Safe” (KCS) stipulates that the nearest available resource (in terms of speed of arrival) should be deployed to emergency incidents irrespective of administrative boundaries.
It is expected that each fire service will undertake a review in the context of the recommendations contained in “Keeping Communities Safe” and where any changes are required; decisions on these will be for the relevant local management team to make.
343. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government when the risk assessment that informed the document Keeping Communities Safe was carried out; and the person who carried out this assessment. [29228/13]
View answerI have recently published Keeping Communities Safe (KCS) as national policy for the future direction of fire services in Ireland. The document was prepared by the National Directorate for Fire and Emergency Management in my Department through a collaborative process, which included consultation with stakeholders. The intention is to ensure that Ireland continues to manage its fire risk effectively in accordance with current international best practice and that the successful approaches to fire safety, under which the level of fire fatalities recorded in 2012 was the lowest for four decades, are extended and consolidated.
With a view to developing a common understanding in relation to terminology in risk management, relevant definitions are set out in KCS. In particular, the term “Risk Assessment” as used in KCS is one stage of the systemic risk management process on which KCS is based. The National Directorate prepared a series of Task Analyses to show how the initial fire crew, including the incident commander, would work safely to undertake tasks normally associated with the range of fire scenarios set out in Appendix A to the document. This was developed by the National Directorate for Fire and Emergency Management (NDFEM) project team with the assistance of the Operations Research Committee, which assists the NDFEM with its work. The Operations Research Committee comprises fire service management and technical/operational expertise. Their work is overseen by the Management Board.
Specifically on fire fighter safety, KCS recognises the importance of the twin duties on fire authorities under the Fire Services and Safety, Health and Welfare at Work legislation. An updated Fire Services Safety Management System (SMS) support document is being developed as part of the KCS implementation process (a draft is currently with stakeholders as part of the consultation process) to ensure that occupational health and safety in fire services is fully aligned with international best practise and the recently adopted local government SMS policy.
344. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he is reviewing shared ownership loans; if so, when the review will be completed; the aspects of the scheme under consideration; and if he will make a statement on the matter. [29230/13]
View answerThe Government’s 2011 housing policy statement announced the standing down of all affordable housing schemes, including the shared ownership scheme, as part of the 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 standalone 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.
345. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government further to Parliamentary Questions Nos. 51 of 3 May 2012 and 437 of 16 October 2012, if he will provide an update on the appointment of the chairperson and the nomination of the majority of non-architect members to the professional conduct committee in line with Section 23 of the Building Control Act 2007; the proposed role the committee will play in settling disputes between architects and their clients; and if he will make a statement on the matter. [29231/13]
View answerSection 23 of the Building Control Act 2007 provides for the establishment of a Professional Conduct Committee (the Committee) consisting of a chairperson and up to 11 ordinary members for the purpose of dealing with complaints of professional misconduct or poor professional performance made against registered architects. I have appointed Mr John K. O’Connell, Barrister, to serve as chairperson to the Committee for the three year period from 1 November 2012 until 31 October 2015. I have also nominated a majority of six ordinary members to serve on the Committee during the same period.
I understand that t he registration body (in this case the Royal Institution of Architects of Ireland) has prepared a code specifying the standards of professional conduct and practice that are to be adhered to by registered professionals. Any person may complain to the Committee concerning an action by a registered architect which is alleged to amount to professional misconduct or poor professional performance. The Committee must first determine that a prima facie case exists. If the Committee is of the opinion that the complainant has failed, prima facie, to establish a case it will advise the complainant of this in writing and take no further action in relation to the matter. Where, however, the Committee is satisfied that a prima facie case has been established, it may consider the case which may include holding an inquiry or, with the consent of the parties, mediation.
Where the Committee considers a complaint and determines that a registered professional is guilty of professional misconduct or poor professional performance, the Committee has the power to advise, admonish or censure the registered architect in relation to the performance complained of, or, subject to confirmation from the High Court of the Committee’s decision to exercise such powers, to impose a fine for a specified amount, to withdraw the person’s name from the register for a specified period, to erase the person’s name from the register or to impose conditions to be complied with by the registered professional in order for their name to remain on the register.
346. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government the qualifying conditions required of a person who has registered their septic tank to avail of the grant scheme which was announced as an incentive for persons to register; the persons that can avail of same; and to whom a person applies. [29238/13]
View answerIn December 2012 I announced my intention to introduce a grant s scheme to provide financial assistance to households whose septic tanks and other domestic wastewater treatment systems are deemed to require remediation following an inspection under the Water Services (Amendment) Act 2012. The grant scheme will only apply to owners of treatment systems which are the subject of an Advisory Notice issued by a water services authority following an inspection carried out under the 2012 Act. Full details of the grants scheme will be set down in regulations which I will make shortly.
347. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his plans to reopen the farm electrification scheme or introduce a similar scheme to provide financial support to farmers who need to upgrade their power supplies; and if he will make a statement on the matter. [29253/13]
View answerThe Farm Electrification Grant Scheme for Disadvantaged Areas ceased to operate in 2011, when final payments were made , and I have no plans to reopen the scheme.
Funding may be available for three phase electricity , under the LEADER elements of the Rural Development Programme 2007-2013 , to eligible applicants who wish to diversify into non-agricultural activities under the Programme.
348. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if an asset management plan has been drawn up to cover the medium and long term development of Irish Water services over the coming decades to plan for areas such as leakage control, risk management and risk mitigation, capital finance and so on; if a dedicated asset management team has been put in place to deliver this development plan; and if he will make a statement on the matter. [29256/13]
View answerThe Water Sector Reform Implementation Strategy , which is published on my Department’s website, is focused on ensuring that appropriate policy and legal frameworks are put in place for Irish Water and the water sector. Comprehensive legislation is planned for later this year, following which Irish Water will become the national water services authority from 1 January 2014.
The implementation strategy addresses all the financial, organisational and human resources issues involved in this major transformation programme. Insofar as future capital investment is concerned, it is envisaged that in developing investment plans for public water services, Irish Water will take account of the requirements flowing from the programmes of measures in River Basin Management Plans, and the need to support economic and regional development. Irish Water has recently appointed a head of asset management and is engaged with the Department, and the Water Services Transition Office established by the County and City Managers’ Association, in planning the transition of the current water services capital programme, as well as looking at longer-term strategic planning for the sector and developing an appropriate asset management plan. Detailed fact-finding has been undertaken by the Water Services Transition Office to support this process. Irish water will continue to prepare over the coming months to assume statutory responsibility for the delivery of the public water services capital programme from 1 January 2014.
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349. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the total number of uncertified sick days taken by employees in his Department; the average uncertified sick days per employee taken; the total certified sick days taken by employees; the average certified sick days per employee; the total sick days taken by employees; the average total sick days and median overall sick days per employee in 2009, 2010, 2011 and 2012. [29271/13]
View answerThe information requested is set out in the accompanying table:
|
- |
2009 |
2010 |
2011 |
2012 |
|
Total sick days taken |
9,231 |
8,466 |
7,358 |
5,656 |
|
Average sick days per employee |
8.15 |
7.5 8 |
7.82 |
6.94 |
|
Self certified sick days |
878 |
892 |
702 |
493 |
|
Average self certified sick days per employee |
0.78 |
0.80 |
0.75 |
0.60 |
|
Certified sick days |
8,353 |
7,575 |
6,656 |
5163 |
|
Average certified sick days per employee |
7.38 |
6.79 |
7.07 |
6.33 |
|
Median sick days |
2 |
1 |
2 |
1 |
The information for 2011 should be taken in the context of a reduction in staff numbers (some 235 FTE) with effect from 1 May 2011 due to the reconfiguration of my Department and the Department of Arts, Heritage and the Gaeltacht. In respect of 2011, the statistics have been averaged to reflect the position above.
350. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government the progress made on introducing the legislation which will underpin the new housing assistance payment which will provide certainty to persons with longer term housing need; and if he will make a statement on the matter. [29281/13]
View answerThe Government’s legislative programme for the Summer 2013 Parliamentary session includes a Housing Bill expected to be published later this year providing, among other matters, for the new Housing Assistance Payment Scheme to replace rent supplement in the case of households with a long-term housing need . The relevant Heads are currently being developed in tandem with the business processes required for the effective operation of the scheme.
351. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government the steps being taken to ensure that both social housing tenants and persons in receipt of rent supplement have access to an independent and impartial process to report and resolve problems including the standard of accommodation; and if he will make a statement on the matter. [29286/13]
View answerTenancy problems experienced by social housing tenants should be referred to the relevant local authority in the first instance, and addressed through the authority’s complaints procedure. Should a social housing tenant feel s/he was unfairly treated, or not be satisfied with the local authority’s handling of the problem, it is open to the tenant to contact the Office of the Ombudsman, which provides a free, impartial and independent dispute resolution service.
Persons in private rented accommodation may avail of the dispute resolution services of the Private Residential Tenancies Board, which are provided in a timely, cost-effective and equitable manner.
352. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government his plans to regulate housing associations and co-operatives. [29287/13]
View answerThe Government’s Housing Policy Statement, published in June 2011, identifies approved housing bodies (AHBs) as key partners in the delivery of social housing. This recognises both the constrained funding levels available for local authority construction programmes and the capacity and track-record of the voluntary and cooperative housing sector.
AHBs are uniquely placed to help drive the achievement of the housing supply responses set out in the policy statement. However, the move from capital funded programmes of construction and acquisition by approved housing bodies to more revenue funded options presents challenges for them. As such, I am developing an enabling regulatory framework for the sector that will provide support and assurance both to the sector itself and to its external partners as it takes on the expanded role envisaged for it in the policy statement.
This framework is being developed in consultation with the sector and it will:
- assist approved housing bodies to develop key governance and management structures to facilitate an expanded remit;
- provide independent scrutiny and validation of such bodies’ competences;
- place sustainable housing management policies and practices at the heart of a coordinated approach to the development of the sector.
An important step in this regard will be the publication in the coming weeks of a voluntary code for the regulation of AHBs. This code will be a first step towards a statutory regulatory framework that will protect the very significant State investment in the sector over the last two decades and will provide assistance to those working in the sector to meet the challenges ahead. It will serve as a learning opportunity for the sector and for my Department as we develop this longer-term statutory framework t o best support the enhanced role of AHBs.
353. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if Ireland was represented at the recent United Nations Climate Change Conference in Bonn, Germany under the UN Framework Convention on Climate Change that took place from 3 - 14 June 2013, under the direction of Executive Secretary, Christiana Figueres; if so, if he will outline Ireland's contribution at the conference and the positions taken; and if he will make a statement on the matter. [29392/13]
View answerThe inter-sessional UNFCCC climate conference, which took place in Bonn, Germany from 3-14 June 2013, comprised the 38th sessions of the technical bodies underpinning the Convention – the Subsidiary Body for Implementation (SBI) and Subsidiary Body for Scientific and Technological Advice (SBSTA). In addition, the second session of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP 2 ), charged with delivering a new global agreement to combat climate change by 2015 and increase ambition before 2020, also convened.
EU positions, developed over previous months and submitted to the UNFCCC Secretariat during the Irish Presidency, in many cases framed the negotiations under the ADP workstream, including in relation to a process to encourage Parties to make ambitious commitments under the 2015 agreement and an EU proposal to encourage a phase-down of HFCs as part of a drive to increase mitigation ambition in the period between 2013 and 2020, when the new 2015 global agreement is due to come into effect.
In relation to the meetings of the technical bodies, it was disappointing that procedural difficulties led to the SBI not being able to undertake any formal work; however, significant progress was made under the SBSTA, including on a number of EU priority areas like rules on reporting and market mechanisms, with the objective of increasing transparency and ensuring environmental integrity of mitigation activities. In addition, for the first time, significant progress was made in relation to agriculture, with agreement reached by all Parties to start technical work at the next meeting in Warsaw in November 2013.
Ireland was represented at the Bonn session by a multi-disciplinary team from my Department and a number of other Government Departments and Agencies. In addition to specific contributions on technical elements by individual members of the delegation, in its EU Presidency role, Ireland led and co - ordinated EU engagement at the inter-sessional meeting.
354. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will list the regulators which are accountable to his Department; the administrative cost of operating each regulator in 2012; the accommodation costs and the number of staff employed; the total income and expenditure in 2012 for each regulator; his plans to amalgamate some regulatory offices and to amalgamate some regulatory processes; and if he will make a statement on the matter. [29422/13]
View answerWhile some agencies under the aegis of the Department perform a regulatory function as part of the suite of services they provide, specific information on related resource implications is not available in my Department.
Under the Department’s agency rationalisation programme 21 agencies have been reduced to 10 through a series of measures. The operations of the Dublin Docklands Development Authority (DDDA) will be wound up by the end of 2013 and the Environmental Protection Agency and the Radiological Protection Institute of Ireland will merge by mid-2014.
355. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government if he will outline in tabular form the number of semi-State organisations currently in operation under the aegis of his Department; and if he will make a statement on the matter. [29813/13]
View answer356. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government if he will outline the number of new semi-State organisations under his aegis which have been established since March 2011; and if he will make a statement on the matter. [29826/13]
View answerI propose to take Questions Nos. 355 and 356 together.
The State Agencies under the aegis of my Department are as follows:
- An Bord Pleanála
- Dublin Docklands Development Authority
- Environmental Protection Agency
- Housing Finance Agency
- Irish Water Safety
- Housing and Sustainable Communities Agency
- Local Government Management Agency
- Private Residential Tenancies Board
- Radiological Protection Institute Ireland
- Western Development Commission
Pobal is a not-for-profit company with charitable status, which manages programmes on behalf of the Irish Government and the EU.
Under the Department’s agency rationalisation programme which saw 21 agencies reduced to 10, the Local Government Management Services Board and the Local Government Computer Services Board have merged with the establishment of the Local Government Management Agency (LGMA) on 1 August 2012. The LGMA has also taken on the residual functions from An Chomhairle Leabharlanna, which was dissolved in November 2012.
The Housing and Sustainable Communities Agency was formally established on 1 August 2012 under the Housing and Sustainable Communities Agency (Establishment) Order 2012. It rationalises the functions of the National Building Agency (NBA), the Affordable Homes Partnership (AHP) and the Centre for Housing Research (CHR). The AHP and the CHR have been closed down and the NBA ceased operating in June 2011.
357. Deputy Willie Penrose asked the Minister for Justice and Equality when the Judicial Council will be placed on a statutory footing; and if he will make a statement on the matter. [28935/13]
View answerThe Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges” and this commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation.
In November 2011, the judiciary agreed to establish an Interim Judicial Council pending the publication and enactment of the proposed Judicial Council Bill. A sub-committee of the Board of the Interim Judicial Council was subsequently established to consider the General Scheme for a Judicial Council Bill, a version of which had been published by the previous Government in August 2010. The observations of the sub-committee were conveyed to me by the Chief Justice on 8 May 2012. These observations were duly considered in my Department taking account of intervening developments and of current Government policy. Following this consideration, I conveyed the relevant drafting instructions to the Attorney General in November 2012. Work on the drafting of the new Bill continues, therefore, in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. Under the Government's Legislation Programme publication of the Bill is expected later this year.
358. Deputy Andrew Doyle asked the Minister for Justice and Equality his views on whether there is scope for the appointment of more County Registrars following the reduction in numbers; and if he will make a statement on the matter. [29058/13]
View answer389. Deputy Andrew Doyle asked the Minister for Justice and Equality his views on whether there is scope for the appointment of more County Registrars following the reduction in numbers; and if he will make a statement on the matter. [29059/13]
View answerI propose to take Questions Nos. 358 and 389 together.
As the Deputy may be aware, eligibility for the new judgeships was initially confined to serving County Registrars in order to avoid expenditure on additional judicial salaries and pensions. The appointment of six County Registrars as specialist judges will create the necessary ring fenced judicial capacity for personal insolvency applications without imposing an unnecessary additional burden on the Exchequer.
The Deputy may also be aware that in 2009 the Special Group on Public Service Numbers and Expenditure Programmes recommended a reduction in the number of County Registrars from 26 to 15. Since then three registrars have retired and have not been replaced. It is intended the number will now reduce further, to a total of 17, following the appointment of six Specialist Judges who have recently been nominated by the Government.
In 2009 a Working Group, the membership of which included a number of Registrars, found that with the reorganisation of management responsibilities, there was sufficient capacity and expertise to take on a range of additional functions with a view to speedier and more efficient administration of court business. In this context it should be noted that the Service has put in place a series of work force planning measures over the last three years including the creation of multi-jurisdictional combined court offices under the management of a Chief Clerk. This has created increased capacity for County Registrars and the Government very much appreciates the cooperation of these office holders in taking on additional functions, including acting as Vice Chairs of Employment Appeal Tribunals. The Courts Service and my Department are currently considering the distribution of the work in consultation with the serving County Registrars.
359. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will recommend the establishment of a commission of inquiry into the Stardust tragedy of 1981 due to new information having come to light following recent research carried out on behalf of the families. [29304/13]
View answer399. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 749 of 11 June 2013 and a topical issue debate on the matter dated 27 March 2013, if he will reconsider his decision not to establish a Commission of Investigation into the Stardust disaster of 1981 in view of recent information which has to come to light that certain pieces of information were not considered by Paul Coffey SC in his report on the matter in 2009; and the reason behind his recent responses to questions on this matter which refer to Paul Coffey's findings regarding the cause of the fire when in fact the terms of reference of the Coffey report explicitly excluded Mr. Coffey from making findings as to the cause of the fire. [29303/13]
View answerI propose to take Questions Nos. 359 and 399 together.
The position is that Mr. Coffey's terms of reference required him to consider the case made by the Victims Committee for a new inquiry. He concluded that the Committee had not identified any new or other evidence capable of establishing the cause of the fire and that to establish a new inquiry for that purpose, in the absence of any identified evidence, would not be in the public interest. No new information has been put forward which would warrant a departure from this conclusion.
