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Wednesday, 18 Sep 2013

Written Answers Nos. 855-876

Local Authority National Partnership Advisory Group

Questions (855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866)

Clare Daly

Question:

855. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if all income and expenditure by the Local Authority National Partnership Advisory Group were shown in the annual accounts of the Local Government Management Agency; if the accounts were audited each year by the Local Government Audit Services; if the Local Government Audit Service discovered that an inappropriate payment of €200,000 was paid to the National Health and Local Authority Levy Fund account without any supporting documentation; if the Local Government Audit Service reported on the matter; and if he will make a statement on the matter. [36938/13]

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Clare Daly

Question:

856. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the amount paid each year by the Local Authority National Partnership Advisory Group to the National Health and Local Authority Levy Fund account; the total amount paid by LANPAG to the National Health and Local Authority Levy Fund Account; if he will provide in tabular form a breakdown of the funds used for hotel accommodation, food, refreshments and hospitality; and if he will make a statement on the matter. [36939/13]

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Clare Daly

Question:

857. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the names of the nominated Local Authority National Partnership Advisory Group trustees who were responsible for generally developing the annual estimates and funding recommendations in respect of various projects in each year since 1999; if funding decisions were made by the LANPAG Board and the Local Government Management Agency on the basis of Trustee recommendations; and if he will make a statement on the matter. [36940/13]

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Clare Daly

Question:

858. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the sanctions imposed on the persons in the Local Authority National Partnership Advisory Group LANPAG who sanctioned the inappropriate payment of €200,000 to the National Health and Local Authority Levy Fund account; and if he will make a statement on the matter. [36941/13]

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Clare Daly

Question:

859. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the sanctions that were imposed on the persons in the Local Government Management Agency who sanctioned the inappropriate LANPAG payment of €200,000 to the National Health Local Authority Fund account; and if he will make a statement on the matter. [36942/13]

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Clare Daly

Question:

860. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the Local Authority National Partnership Advisory Group inappropriately provided funding of €200,000 to the National Health and Local Authority Levy Fund account without any supporting documentation being provided; if it has been brought to his attention that the Local Government Management Agency, the host agency for LANPAG sanctioned the inappropriate payment; the number of city and county managers who are members of the board of the Local Government Management Agency; the number of senior officials from his Department who are members of the Board of the Local Government Management Agency; if he will provide in tabular form the names of the then board members of the Local Government Management Agency; and if he will make a statement on the matter. [36943/13]

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Clare Daly

Question:

861. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the Local Authority National Partnership Advisory Group undertook and funded international trips to the United States, Canada and Spain; if he will provide in tabular form the list of persons who participated in each trip; the dates of the trips; the organisation each participant represented; the pay and expenses each participant received from the Department of the Environment or from their respective local authority while on the trips; if he will provide a breakdown of the costs incurred by LANPAG for each international trip; if the said costs and payment were sanctioned by the Local Government Management Agency, the host agency for LANPAG; and if he will make a statement on the matter. [36944/13]

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Clare Daly

Question:

862. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the date on which a person (details supplied) was appointed to the Local Authority National Partnership Advisory group; the interest group-agency this person represented on LANPAG; the person who appointed this person to LANPAG; when this person's term on LANPAG finished; and if he will make a statement on the matter. [36945/13]

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Clare Daly

Question:

863. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the date on which a person (details supplied) was appointed to the Local Authority National Partnership Advisory Group; the interest group-agency this person represented on LANPAG; the person who appointed this person to LANPAG; when this person's term on LANPAG finished; and if he will make a statement on the matter. [36946/13]

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Clare Daly

Question:

864. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the date on which a person (details supplied) was appointed to the Local Authority National Partnership Advisory Group; the interest group-agency this person represented on LANPAG; the person who appointed this person to LANPAG; when this person's term on LANPAG finished; and if he will make a statement on the matter. [36947/13]

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Clare Daly

Question:

865. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the date on which a person (details supplied) was appointed to the Local Authority National Partnership Advisory Group; the interest group-agency this person represented on LANPAG; the person who appointed this person to LANPAG; when this person's term on LANPAG finished; and if he will make a statement on the matter. [36948/13]

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Clare Daly

Question:

866. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that for the 14 year period 1999-2012 only three documents relating to the Local Authority National Partnership Advisory Group can be found on the website of the Local Government Management Agency, the host agency for LANPAG; in the interest of openness and transparency, if he will take steps to ensure that all documentation relating to the finances of LANPAG, the management of LANPAG and meetings of LANPAG are made available on the Local Government Management Agency website and in the Dáil Library; and if he will make a statement on the matter. [36949/13]

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Written answers

I propose to take Questions Nos. 855 to 866, inclusive, together.

Transactions relating to the Local Authority National Partnership Advisory Group (LANPAG) have been disclosed in the annual financial statements of the Local Government Management Services Board (now merged in the Local Government Management Agency (LGMA)). The external audit of this body was carried out by the Local Government Audit Service. The audits of the financial transactions reported in the annual financial statements are carried out on a test basis in accordance with professional audit practice, hence, all transactions are not individually examined. No issue was raised in respect of €200,000 expenditure in the audits.

The Special Report of the Comptroller and Auditor General, Report Number 80 - April 2013, entitled Administration of the National Health and local Authority Levy Fund found that “€200,000 (around 25% of the total amount paid by LANPAG) was supported only by two letters of application from the fund administrator and not by supplier invoices”.

The lack of third party invoices in relation to €200,000 had come to light during an examination of LANPAG records by my Department and the LGMA. LANPAG was funded mainly through allocations from the Local Government Fund. In March 2011, on foot of a request from my Department, LANPAG refunded €200,000 to the Local Government Fund. My Department directed LANPAG to seek reimbursement of this amount from SIPTU; however, it was subsequently agreed that any remaining balance in the National Health and Local Authority Levy Fund Account should be refunded directly to the Exchequer.

The total amount paid by LANPAG to the National Health and Local Authority Levy Fund Account was €789,919.16. The total invoiced for hotel accommodation, food, refreshments and hospitality (inclusive of meeting room, equipment hire and full meeting facilities) is €130,233.30.

Details of the Trustees of LANPAG are outlined in the following table. I understand that funding recommendations were made by the Trustees and notified to the full LANPAG membership.

LANPAG Trustees:

Christian Name

Surname

Position

Management

Chris

Gavigan

Local Government Management Services Board (LGMSB), Joint Chairperson

Ned

Gleeson

Limerick County Manager

Donal

Connolly

Waterford County Manager

Terry

O'Niadh

North Tipperary County Manager

Union

Matt

Merrigan

Services Industrial Professional Trade Union (SIPTU), Joint Chairperson

Al

Butler

Irish Municipal Public Civil Trade union (IMPACT)

Peter

Nolan

IMPACT

Finbarr

Maguire

Craft Group of Unions

The Board Members of the Local Government Management Services Board in 2007 and 2009, when the €200,000 was paid into the National Health and Local Authority Levy Fund and the current board membership of the Local Government Management Agency are outlined in the following tables.

LGMSB Board: 2007

Name:

Title:

Mr M Malone (Chair)

Kildare County Manager

Mr T Ó Niadh

North Tipperary County Manager

Mr J Allen

Departmental Representative:

Mr A Fleming

Clare County Manager

Mr J Gavin

Cork City Manager

Mr P Greene

Departmental Representative

Mr F Kelly

HR Manager, Dublin City Council

Mr A Kinch

Departmental Representative

Ms J Maguire

Leitrim County Manager

Mr D Mahon

Mayo County Manager

Mr D Nelson

Monaghan County Manager

Mr D O’Connor

Fingal County Manager

Mr E Sheehy

Wicklow County Manager

LGMSB Board 2009:

Name:

Title:

Mr E O’Connor (Chair)

South Tipperary County Manager

Mr E Sheehy

Wicklow County Manager

Mr E Breen

Wexford County Manager

Mr P Carey

Laois County Manager

Mr E Gleeson

Limerick County Manager

Mr T Mackey

Limerick City Manager

Mr M McLoone

Donegal County Manager

Mr T O’Niadh

North Tipperary County Manager

Mr J Tierney

Dublin City Manager

Mr J Allen

Departmental Representative

Mr P Lemass

Departmental Representative

Mr P McDonald

Departmental Representative

LGMA Board: 2013

Name:

Title:

Mr H Kearns (Chair)

Sligo County Manager

Mr M Malone

Kildare County Manager

Mr P Carey

Laois County Manager

Mr D McLoughlin

South Dublin County Manager

Mr M Riordan

Cork County Manager

Mr E Sheehy

Wicklow County Manager

Mr B Quinlan

Departmental Representative

Mr D Enright

Departmental Representative

Mr P McDonald

Departmental Representative

I understand that over the period 1999-2009 LANPAG undertook, and funded, three international study visits related to partnership in other jurisdictions (USA, Canada, Spain) at a cost of just over €91,000. The 9-10 participants in each case comprised principally local authority officials, union representatives and LGMA/LANPAG representatives. My Department was represented by an official on two of these study visits.

Information regarding the participants and costs incurred by LANPAG in relation to the study visits is outlined in the following table. I understand that Travel and Subsistence claims were paid by LANPAG.

New York: 7 – 15, September 2001

Participants

Organisation

Expenses

Amount

Finbarr Maguire

TEEU

Travel & Subsistence

1,303.42

Bernadette Kinsella

Offaly County Council

1,303.42

Frank Kelly

Dublin City Council

1,303.42

Joe Byrne

UCATT

1,303.42

Brian Byrd

SIPTU

1,303.42

Geraldine Browne

LGMSB

1,303.42

-

Flights & Accommodation

31,970.37

-

Hospitality

374.24

-

Transport

38.50

TOTAL

41,507.05

Madrid: 10 - 18 October 2003

Participants

Organisation

Expenses

Amount

Aidan Kinch

Dept of Environment

Travel & Subsistence

546.00

Finbarr Maguire

TEEU

714.00

Michael McGinty

IMPACT

756.00

Denis Curtin

SIPTU

714.00

Joe Byrne

UCATT

756.00

Brian Byrd

SIPTU

714.00

Al Butler

IMPACT

630.00

Michael McCabe

IMPACT

756.00

Geraldine Browne

LGMSB

756.00

Flights & Accommodation

11,972.37

Hospitality

900

Corporate gifts

400

TOTAL

19,614.81

Toronto and Ottawa: 4-10 October 2007

Participants

Organisation

Expenses

Amount

Terry O'Niadh

North Tipperary County Council

Travel & Subsistence

1,269.18

Peter Greene

Dept of Environment

1,269.18

Michael McGinty

IMPACT

1,269.18

Joe Byrne

UCATT

1,269.18

Brian Byrd

SIPTU

1,269.18

Frank Kelly

Dublin City Council

1,269.18

Peter Nolan

IMPACT

1,269.18

Paddy Coughlan

TEEU

1,269.18

Alice Hennessy

IMPACT

1,269.18

Geraldine Browne

LGMSB

1,269.18

Flights & Accommodation

11,904.58

Transport

2,223.00

Rail

2,102.71

Hospitality

807.09

Car parking/taxis

161.90

TOTAL

29,891.09

The information requested regarding specified members of LANPAG is outlined in the following table:

LANPAG Member

Representing:

Term:

Declan Naughton

LGMA

2001 to 2005

Frank Kelly

Dublin City Council

1999 to 2010

Ned O’Connor

South Tipperary County Council

2003 to 2010

Chris Gavigan

LGMA

1999 to date

LANPAG is supported in its activities by the LGMA which provides administrative assistance and acts as the host agency for LANPAG. Following the merger of the Local Government Management Services Board (LGMSB) and the Local Government Computer Services Board (LGCSB) and the establishment of the LGMA in 2012, I understand that a management decision was taken to rationalise the number of websites associated with the two merging bodies and to archive historical documents. As a result, the LGMA decided that the LANPAG website would no longer operate as a dedicated website; relevant material is published on the LGMA website www.lgma.ie Financial information relating to LANPAG is contained in the annual financial statements of the LGMA. Its Annual Reports are available on the LGMA website. I understand that LANPAG minutes have never been uploaded onto the website. The final accounts of the LGMSB will be laid before both Houses of the Oireachtas shortly.

Housing for People with Disabilities

Questions (867)

Mattie McGrath

Question:

867. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if the additional €10 million in housing funding for persons with a disability can be used towards the retrofit of the homes of persons with a disability under the housing adaptation grant scheme; if extra funding will be made available for this scheme in south Tipperary; and if he will make a statement on the matter. [37013/13]

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Written answers

In June 2013 my Department invited each City and County Council to submit proposals under the Capital Assistance Scheme (CAS) for the purchase of built properties which would facilitate people with a disability to live independently within communities. Approvals were based on the priority afforded to the proposals by the Council . I subsequently announced a funding programme of over €12 million for the acquisition of some 135 units under CAS, including a proposal submitted by South Tipperary County Council for the provision of 5 units of accommodation in Cahir for people with a disability.

My Department also provided capital funding of over €2.4 million to housing authorities for the provision of necessary adaptations or extensions to local authority properties to meet the needs of tenants with a disability. It is a matter for each local authority to decide on applications and the specific level of funding to be directed to each of these measures out of the allocations provided.

Separately, some €45.6 million is being provided to local authorities under the suite of Grants for Older People and People with a Disability. In the case of South Tipperary County Council, the initial allocation for the grant schemes in 2013 was €1,087,989. Two subsequent supplementary allocations in April and July brought the overall allocation to €1,321,578. I am keeping the funding position on these schemes under active review.

Height Restrictions

Questions (868)

Andrew Doyle

Question:

868. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will provide an update on legislation to deal with height restrictions on hedges and trees on both public and private land; if a person is entitled to a view from their property they previously had; the discussions he and his Department have had with other Departments on this matter to find a legal remedy to situations like these; and if he will make a statement on the matter. [37014/13]

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Written answers

There is no legislation in Ireland regulating the height of trees and hedges. My Department understands that there is no right in Irish law to receive light in a garden and that, while there is a civil remedy of nuisance available in respect of the branches or roots of a neighbour’s tree encroaching on one’s property, there is no civil law remedy in respect of the loss of light in a garden due to a neighbour’s high trees or hedges. While I have no plans to introduce legislation on this matter I wrote to my colleague the Minister for Justice and Equality suggesting that we might give consideration to potential alternative options towards the introduction of a civil remedy in this matter. I am currently considering his reply.

Fire Stations Provision

Questions (869)

Andrew Doyle

Question:

869. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the number of requests received over the previous seven years from a local authority (details supplied) in County WIcklow seeking sanction to develop a new fire station or replace an older station; if he sees any capital funding being made available in the near future for fire stations in the local authority area; and if he will make a statement on the matter. [37023/13]

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Written answers

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under the provisions of the Fire Services Act 1981.

My Department supports fire authorities through the setting of general policy and guidance, and the provision of capital funding, including the recoupment (within the overall funding available) of costs incurred by fire authorities in relation to the approved purchase of fire appliances and emergency equipment as well as construction and upgrading of fire stations.

In relation to support for Wicklow County Council, new fire stations have been opened in Arklow, Blessington and Wicklow in recent years. Wicklow County Council was also approved to purchase Exhaust Extraction systems for Bray, Blessington, Carnew, Rathdrum, Baltinglass, Dunlavin, Greystones and Wicklow fire stations in August 2012, the cost of which was reimbursed to the Council in May 2013.

In 2006, my Department approved-in- principle the provision of new fire stations at Baltinglass and Rathdrum. My Department also received a request in February 2007 regarding a new fire station in Dunlavin. It has not been possible to progress these projects in recent years.

Continued investment in the fire appliance fleet has been identified as a key national priority for the available capital funds. Further support from my Department’s fire services capital programme for any fire appliances, equipment or fire station projects will be considered within the constraints of available resources and will have regard to local authorities’ priorities, the value for money offered by proposals and the totality of requests from fire authorities.

Shared Ownership Scheme

Questions (870)

Joan Collins

Question:

870. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if he will provide the following information on the shared ownership scheme, the number of shared ownership loans per local authority; the number in arrears; and the total amount outstanding on such loans.; and if he will make a statement on the matter. [37026/13]

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Written answers

My Department collates and publishes a wide range of housing and planning statistics that inform the preparation and evaluation of policy, and those data are available on my Department’s website www.environ.ie

Data on the number of shared ownership loans per local authority are included in this range. Unfortunately, while my Department collects loan arrears data across local authorities these data are not broken down by scheme type.

Question No. 871 answered with Question No. 835.

Irish Water Remit

Questions (872)

Andrew Doyle

Question:

872. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will ensure that Irish Water/Uisce Eireann is accountable to his Department for the purposes of answering parliamentary questions on the record of Dáil Éireann; if full answers regarding their work will be published on the record of the Oireachtas; and if he will make a statement on the matter. [37076/13]

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Written answers

The Water Services Act 2013 provides for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann, conforming to the conditions contained in the Act and registered under the Companies Acts. The Act provides that Irish Water will be required to submit an annual report on the performance of its functions each year to me and to the Minister for Communications, Energy and Natural Resources. Irish Water will also be required to submit its annual accounts to me each year. The 2013 Act also provides that the annual report and accounts will be laid before each House of the Oireachtas.

Local Authority Funding

Questions (873)

Andrew Doyle

Question:

873. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the amount of funding a local authority (details supplied) in County Wicklow will receive under the energy efficiency programme for local authority homes in 2013 in view of the fact that €10 million is being invested; the amount he believes the same local authority will receive in 2014 under a €25 million investment and the amount in 2015 in view of a €15 million investment; and if he will make a statement on the matter. [37078/13]

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Written answers

In March 2013 Wicklow County Council received an allocation of €310,532 in respect of the Energy Efficiency Retrofitting Programme for 2013. Under this measure grants of up to €3,500 per dwelling are available for a suite of energy retrofitting works aimed at improving the energy efficiency and overall standard of local authority homes.

Following the approval on 5 June of the €50 million insulation measure for 25,000 local authority houses, under the Government’s additional €150 million capital investment in the economy over 2013- 14, the Council was notified of a further allocation of €310,532 to meet the cost of providing wall and attic/roof insulation in older properties.

Later this year my Department will be requesting local authorities to submit details of their proposed insulation retrofitting work programmes for 2014. Allocations next year will reflect the progress made in implementing the 2013 programme, the scope and extent of the proposed programmes for 2014 and the level of demand across all local authorities for the available funding.

Property Taxation Exemptions

Questions (874)

Andrew Doyle

Question:

874. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 471 of 18 July 2013, if he will outline in tabular form the complete list of estates and properties in two counties (details supplied) that have been exempted from the local property tax following a challenge to the Ombudsman; the total number of complaints that have been received by the Ombudsman in the two said counties; if he will break this down into developments where a waiver for a household charge applied; if his Department have examined the complaints and the ones they have ruled on; and if he will make a statement on the matter. [37110/13]

View answer

Written answers

My Department received no complaints from the Office of the Ombudsman in relation to the counties in question.

Chains of Office

Questions (875)

Andrew Doyle

Question:

875. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if the Chains belonging to current mayors and cathaoirleachs of current town councils that generally rotate on an annual basis, will continue to operate and be recognised under the new municipal authority system or area council, being introduced as part of the local Government reform; and if he will make a statement on the matter. [37122/13]

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Written answers

The chains of office for Cathaoirligh currently in use in the local government system, including those in use in towns, will remain available for ceremonial use.

Assets of town councils will transfer to the relevant county council or city and county council , and the future use of chains of office will be a matter for decision by these councils in the first instance

International Agreements

Questions (876)

Andrew Doyle

Question:

876. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the number of submissions his Department received through the public consultation phase on the implementation of the UNECE Aarhus Convention here on the implementation in Ireland of the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters the Aarhus Convention; if he will provide in tabular form the names and organisations that made submissions; and if he will make a statement on the matter. [37130/13]

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Written answers

Twenty two submissions were received during the first stage of public consultation on the first National Implementation Report of the Aarhus Convention in Ireland. I will be publishing these submissions on my Department’s website in the coming weeks.

A table detailing the names/organisations of those that made submissions is provided as follows.

Organisation / Individual

Environment Pillar

An Taisce

Fís Nua

Peadar O’Ceallaigh

Eirgrid

Fred Logue

Social Justice Ireland

Coillte

National Council for People with Disabilities

Teresa Ryan-Feehan

Irish Water

European Platform Against Wind Farms

Friends of the Irish Environment

Denis Leonard

Irish Planning Institute

Irish Wind Energy Association

Áine Ryall

The Heritage Council

David Browne

Maria Cunningham

Department of Agriculture, Food and the Marine

Owen Martin

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