Written Answers Nos. 451-69
451. Deputy Michael P. Kitt asked the Minister for Communications, Energy and Natural Resources the position regarding the provision of natural gas to the town of Athenry, County Galway; and if he will make a statement on the matter. [41012/13]
View answerThe Commission for Energy Regulation (CER) is the statutory independent body charged with the assessment and licensing of prospective operators seeking to develop and operate a gas distribution system within the State. In 2006, the CER approved a new network connections policy which enabled assessment of the feasibility of connecting certain towns to the gas network. In order for any town to be connected to the gas network, certain economic criteria need to be met as a prerequisite. The policy allows for the appraisal of a town either on its own or as part of a regional group of towns. The policy framework provides that, over a certain period, the costs of connecting a town or group of towns to the network are recouped through the actual economic consumption of gas and the associated tariffs. Uneconomic projects would increase costs for all energy consumers.
Under the CER's policy framework, Bord Gáis Networks, and more recently Gaslink, carried out a comprehensive assessment of towns not already connected to the national gas network. A "New Towns Analysis Phase 1" report was published in 2006. The study included a review of the feasibility of connecting towns to the natural gas network in Galway/Mayo and the CER made the decision to allow Gaslink to extend the network to eleven of these towns, including Athenry. Prior to the roll out of each town, a detailed analysis of the loads within the town and the revenues associated with them is carried out. There is also a requirement to secure a certain level of customers prior to the development commencing. The gas network has been extended to seven of these towns and work is progressing on the development of the network to Tuam. Work is ongoing to secure economic loads in the three remaining towns, i.e. Athenry, Knock and Ballyhaunis, prior to the commencement of construction. To date, the projected loads are insufficient to justify commencement of construction.
452. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will follow up on the commitment given during the Order of Business on 19 September that a formal reporting process be put in place to keep all local public representatives and the residents' committee of Priory Hall updated on all developments with the various interested parties such as the banks, Dublin City Council and the Department of the Environment, Community and Local Government in relation to resolving the Priory Hall debacle; and if he will make a statement on the matter. [40431/13]
View answerI refer to the reply given to Question No. 136 of 25 September 2013, which sets out the position on this matter.
453. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if, as part of his stated approach to political reform, he has considered introducing an electoral recall facility to enable the electorate to remove elected politicians from office at times other than at a general election; and if he will make a statement on the matter. [40627/13]
View answerI have no proposals to introduce 'electoral recall' as part of the Government's programme of political reform.
454. Deputy Dara Murphy asked the Minister for the Environment, Community and Local Government the revenue raised from motor tax in 2012 and the average payment; and if he will make a statement on the matter. [40856/13]
View answerIncome from motor tax in 2012 was €1.01 billion, excluding income from driving licences, Certificates of Vehicle Roadworthiness and other miscellaneous receipts. The average payment in 2012 varied depending on the category of vehicle. The average payment for private vehicles taxed on the basis of CO2 emissions was €263.09, while the average payment for vehicles taxed on the basis of engine capacity was €475.82. For goods vehicles the average payment was €446.68. These categories make up over 91% of the national vehicle fleet – the remainder of the fleet consists of categories such as agricultural and haulage tractors, that generally carry a single annual rate of tax.
455. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government his plans to help support families who took up shared ownership mortgages but can no longer afford the rent portion of the agreement due to changes in their circumstances following the economic collapse. [41079/13]
View answer483. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government his plans to help support families who took up shared ownership mortgages but can no longer afford the rent portion of the agreement due to changes in their circumstances following the economic collapse. [41080/13]
View answerI propose to take Questions Nos. 455 and 483 together.
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. That review is available on my Department's website www.environ.ie and the period for public submissions closed on 27 September 2013. Earlier this year, I asked the Housing & Sustainable Communities Agency to conduct a stand-alone review of the shared ownership scheme, including identification of the main difficulties and recommendations for mitigating measures. I have received an interim draft of the review from the Agency and I intend to issue a circular letter to local authorities in the coming weeks with preliminary recommendations arising from the review.
A number of issues have been identified that need further detailed financial analysis fully to assess the impact on local authority finances of possible mitigating measures. This additional work is underway and I expect to make further recommendations in the coming months.
456. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he has decided to cut funding to Dublin City Council for the provision of housing adaptation grants for persons with disabilities or other special needs; if he will provide a breakdown of the funding that has been provided to Dublin City Council for housing adaptation in 2010, 2011 and 2012; the amount that has been provided for 2013; and if he has carried out any assessment of the impact these cuts will have on residents in Dublin city. [40403/13]
View answer475. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if funding is available for a person (details supplied) in Dublin 10 to install a chair lift. [40972/13]
View answerI propose to take Questions Nos. 456 and 475 together.
On 22 February 2013 I announced capital allocations to local authorities under the suite of Grants for Older People and People with a Disability amounting to €42.750 million. Through active management of my Department’s overall housing budget for 2013, I allocated further funding across all local authorities on 19 July bringing the overall funding for these grants to €45.607 million. I am currently reviewing the operation of the suite of Grants for Older People and People with a Disability with the objective of targeting those in most need and ensuring that the maximum numbers of households can benefit from these schemes. I intend to announce revised terms and conditions for the grant schemes later this year. Capital allocations to local authorities for next year are currently being considered in the context of the Estimates for 2014.
My Department’s involvement with the Housing Adaptation Grants for Older People and People with a Disability relates primarily to the recoupment of a proportion of local authority expenditure on the payment of individual grants. The detailed administration of these schemes, including the assessment, approval and payment of grants to individual applicants under the various grant measures, is the responsibility of the relevant local authority, in this case Dublin City Council. Information in relation to the funding allocations to Dublin City Council over the period 2010 to date is set out in the following table.
|
City/County Council |
2010 |
2011 |
2012 |
2013 |
|
Dublin City |
€14,125,000 |
€8,689,330 |
€9,518,318 |
€5,512,886 |
457. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application by a club (details supplied) in County Mayo to Mayo North East Leader and when the approved funds will be paid; and if he will make a statement on the matter. [40410/13]
View answerIn line with the 'bottom-up' approach to rural development under the LEADER elements of the Rural Development Programme 2007-2013, there are 35 Local Action Groups (LAGs) contracted, on my Department’s behalf, to deliver the LEADER elements of the Rural Development Programme 2007-2013 (RDP) throughout the country. The LAG for the area referred to in the question is Mayo North East LEADER Partnership (MNELP). The LAGs 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 Programme’s Operating Rules and EU regulations.
I understand that MNELP received an application from the promoter in question in 2011 but project approvals were suspended pending the completion of our investigation into governance issues in the LAG. The LAG contract was reinstated on 18 July 2013 and I understand that MNELP has requested updated documentation from the promoter; once this is received the assessment process will recommence.
458. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government when he will introduce housing legislation on private accommodation that will address enhancing accountability of landlords in housing standards and waste management; the main issues that will be covered in the Bill; and if he will make a statement on the matter. [40418/13]
View answerMinimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. These Regulations were further amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009. All landlords have a legal obligation to ensure that their rented properties comply with these Regulations. Responsibility for enforcing the Regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department.
The primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste; the holder of the waste is the natural or legal person in possession of the waste or the producer of the waste. The Waste Management Act 1996 imposes a general duty of care on holders of waste. A person may not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. It is the responsibility of the relevant local authority to deal with any instances of illegal disposal of waste in their functional area and take the appropriate enforcement action.
Section 12 of the Residential Tenancies Act 2004, as amended by section 100 of the Housing (Miscellaneous Provisions) Act 2009, requires a landlord of a dwelling to provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned – this could arise for example where it is a function of a management company to provide such a service. In addition, the Housing (Standards for Rented Houses) Regulations 2008 provide that each house must have access to suitable and adequate pest and vermin-proof refuse storage facilities.
The purpose of these provisions is to ensure that facilities are available to tenants to enable them to store refuse appropriately between collections and not in such a way as to attract pests or vermin or become a hazard or eyesore to the general public. However, the presentation of refuse for collection, the manner in which it is presented and any charges imposed for collection are the responsibility of the tenant, who is the holder of the waste. Any incidents of illegal waste activity should be reported to the relevant local authorities, who have significant enforcement powers available to them under the Waste Management Act 1996 including the power to make bye-laws regarding the presentation and collection of waste.
Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened, updated legislative and regulatory framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations under the Regulations. Fines for continuing non-compliance with the Regulations have also been significantly increased; the maximum fine has increased from €3,000 to €5,000 and the fine for each day of a continuing offence has increased from €250 to €400.
459. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the guidelines that have been issued to Irish Water in respect of the depth water meters are to be laid to as measured from the finished ground level to the top of the water main; if there are different standards in trafficked or non-trafficked areas; in the event that thermal insulation is to be used to prevent pipes freezing, the standards that have been set; in the event that the standard has been reduced from that set in the existing building standards, the building standard that will apply; and if he will make a statement on the matter. [40498/13]
View answer476. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will clarify the accessibility features for severely vision-impaired persons that were specified in the recent procurement contract for water meters; if this contract is illegal as it contravenes the Disability Act 2005 which states that every statutory authority has obligations to ensure that the procurement of any equipment or services intended for use by the general public must be accessible, or at the very least, consultations and a subsequent report into matters of accessibility must be concluded to show the reason such accessibility is being denied and the action he will take regarding same. [40989/13]
View answerI propose taking Questions Nos. 459 and 476 together.
The Programme for Government sets out a commitment for the introduction of water charges based on usage above a free allowance. The Government considers that charging based on usage is the fairest way to charge for water and it has, therefore, decided that water meters should be installed in households connected to public water supplies. The Water Services Act 2013 provides for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigns the necessary powers to allow Irish Water to undertake the water metering programme. It is a matter for Irish Water to comply with all national and European legislation in the discharge of its functions.
Part G of the Building Regulations Technical Guidance Documents provides that the underground service pipe from the external meter/stopcock to the dwelling has a minimum cover of 600mm. The boundary boxes that will be installed will have 'frost plugs' to provide insulation from surface freezing conditions.
460. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government in the cases where pumping stations for wastewater are featured as part of a planning permission within housing estates, the new measures that will apply from January 2014 between Irish Water and the relevant local authority when those estates are being taken in charge; in respect of the pumping stations, if there are cross agency and-or authority working groups dealing with such technical issues; if he will outline those groups and their remit; and if he will make a statement on the matter. [40499/13]
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. In the context of broader water governance issues, work is currently underway to identify and clarify boundary issues between functions which will transfer to Irish Water and those remaining with local authorities. In this regard, a sub-group comprising representatives from my Department, the Water Services Transition Office and Irish Water has been established to examine issues arising in relation to developer provided water services infrastructure and it will make recommendations on the matter. In addition, a Development Management System sub-group was established to provide clarity in relation to the two-way interaction between Irish Water and Planning Authorities in the context of the development management system. My Department, Irish Water and the Transition Office were represented on that group.
461. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if it is intended to launch the first fix free policy in respect of water leaks detected on the home owner side of the main; the budget that has been earmarked for the scheme; the way it is intended to work; the persons who will carry out the work; the arrangements that are in place for those who are currently being served with notices in respect of such notices in advance of the new policy; and if he will make a statement on the matter. [40500/13]
View answer462. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government in view of the fact that Irish Water is due to assume responsibility for group schemes that have already been taken in council charge or are due to be taken in charge by December 2013, the arrangements that will apply to those not yet in charge by that date; if social and environmental considerations will apply to the remit of Irish Water in such matters; if the timescale is realistic in view of the fact that some scheme trustees are deceased; where there are bonds, the time line for calling those bonds in if deemed appropriate; and if he will make a statement on the matter. [40501/13]
View answerI propose taking Questions Nos. 461 and 462 together.
The Programme for Government sets out a commitment to the introduction of water charges based on usage above a free allowance. The Government considers that charging based on usage is the fairest way to charge for water and it has, therefore, decided that water meters should be installed in households connected to public water supplies. The Water Services Act 2013 provides for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigns the necessary powers to allow Irish Water to undertake this metering programme. As part of the metering programme, my Department, in conjunction with Irish Water, is currently working on a proposal regarding customer-side leakage; implementation arrangements have yet to be worked out with Irish Water and are not yet available.
Arrangements for the group water sector will be addressed in the Water Services (No. 2) Bill 2013 which is currently being drafted by the Office of the Attorney General. My Department will remain responsible for the overall policy and funding of the non-public water sector, including the group water sector and the local authorities will continue to be responsible for the supervision of the sector. Over the past decade, substantial improvements have been made in the group water sector, reflected in improved infrastructure and management and leading to greater compliance with drinking water standards. This has been accomplished through a partnership approach between my Department, the local authorities and the group water sector itself, with the important involvement of the National Federation of Group Water Schemes. This co-operative approach will be maintained as the reform of water services provision is progressed.
463. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the arrangements put in place by his Department to ensure compliance with the Official Languages Act 2003, specifically requirements for signage in departmental offices, schools, third-level institutions; details of any assessments undertaken by departmental staff to assess requirements; the number of signs assessed; when any corrective actions were put in place; if any or all of the actions taken by his Department were within the designated timeframes set out in legislation; if not, the reasoning for same; and if he will make a statement on the matter. [40545/13]
View answerSince the introduction of the Official Languages Act in 2003 my Department has carried out internal audits of the signage on its premises to ensure compliance with the legislation, in particular the requirement that all new signs erected since 1 March 2009 are bilingual. The most recent audit was carried out last month. My Department's offices in the Custom House were audited by the Office of An Coimisinéir Teanga for Irish language signage compliance on 18 September; the Department's Wexford offices are due to be audited 2 October. My Department will implement any recommendations made by the Office of An Coimisinéir Teanga arising from these audits.
464. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding funding in respect of persons (details supplied) in County Kerry; and if he will make a statement on the matter. [40590/13]
View answerMy Department understands the family in this case are tenants of Kerry County Council and that the Council is liaising with them with the objective of sourcing an alternative property to meet their particular accommodation needs. This year my Department is providing €400,000 to Kerry County Council for the construction of single instance dwellings for families on the housing waiting list. In July, a further €943,000 was allocated for the purchase of built properties . The Council may also acquire properties under the Rental Accommodation Scheme or the Social Housing Leasing Initiative in order to meet urgent housing need. It is a matter for Kerry County Council to determine how best to meet the particular needs of this family having regard to various housing supply options available locally.
465. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will provide a list of the Acts or specific provisions of Acts under his Department that have not yet been commenced; if it is intended to commence the provision in each case; if so, when; and if he will make a statement on the matter. [40598/13]
View answerThe information requested is not readily available in my Department and its compilation would involve a disproportionate amount of time and effort. I refer to the website of the Irish Statute Book, www.irishstatutebook.ie. The "Acts of the Oireachtas" page provides access to each Act. Once a particular Act is selected, details of the commencement status of each section of the Act are accessible by selecting the "Legislative Directory Entry" link.
466. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the level of compliance with European Union directives within his ministerial areas of responsibility; the current fines resulting from non-compliance and potential fines resulting from present non-compliance the State is or may be exposed to; and if he will make a statement on the matter. [40634/13]
View answerWithin my direct areas of responsibility, there are currently nine infringement cases instituted against Ireland by the European Commission in respect of European Union directives, which represents a significant improvement upon the situation when I assumed office in March 2011. There are currently no outstanding fines resulting from non-compliance. The quantum of fines to be imposed in any infringement case is determined by the Court of Justice of the European Union if and when the matter is brought to Court, so it is not possible to estimate in advance potential fines. In any event, my Department is actively seeking to resolve all the outstanding infringement cases before they reach the stage where fines could be imposed.
467. Deputy James Bannon asked the Minister for the Environment, Community and Local Government when he will introduce new legislation to prevent councils from hiking up rates that are increasingly shutting down small businesses and putting families out of work (details supplied); and if he will make a statement on the matter. [40661/13]
View answerLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority. The annual rate on valuation (ARV), which is applied to the valuation for each property determined by the Valuation Office to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function.
I am acutely aware of the pressures on small and medium - sized businesses at the present time. Local authorities have been asked by my Department to exercise restraint or, where possible, to reduce commercial rates and local charges for 2013. Local authorities have responded well to such requests in recent years and in 2013, 87 out of the 88 rating authorities have either reduced their ARV or kept it the same as in 2012. I will continue to keep the approach to rates by local authorities under active review, and am determined that every avenue will be pursued to optimise efficiency and contain costs in the local government sector.
The Commissioner of Valuation is conducting a programme of revaluation of all commercial and industrial properties throughout the State on a county by county basis. The purpose of the revaluation process is to provide for more consistent and up-to-date valuations for rating purposes and to assist in providing a more equitable distribution of valuations across those liable to pay rates. The Valuation (Amendment) (No.2) Bill 2012, published by my colleague the Minister for Public Expenditure and Reform who has responsibility for valuation matters, proposes to amend existing valuation legislation in a number of areas by facilitating the adoption of new approaches to valuation, including self-assessment and external service delivery options, through the outsourcing of elements of the valuation function, where appropriate.
468. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he has examined the possibility of introducing a levy on graffiti spray cans and the amount a levy of 20 cent and 50 cent on a can would raise. [40668/13]
View answerThe Litter Pollution Acts 1997 – 2009, provide significant powers to local authorities to deal with the defacement of structures by writing or other marks. In addition to the legislative provisions for penalties for committing graffiti related offences under section 19 of the Act and in order to provide support to local communities, my Department has provided funding for the 'Anti-Litter & Anti-Graffiti Awareness Grant Scheme' whereby local authorities are invited to submit proposed eligible projects to combat graffiti in their functional areas. It is open to local community groups to approach the local authority for assistance with funding for anti-graffiti projects.
The Department of Justice & Equality also has a role in the control of graffiti through the Criminal Damage Act, 1991, which provides for the offences of damaging or defacing property. The introduction of a levy on the purchase of spray paint to limit the availability of the product or discourage its inappropriate purchase could have an unfair impact on consumers who use the product for legally permitted purposes. Moreover, the administrative and regulatory burden arising from the introduction of such a levy – for the public sector, industry and consumers – might well be disproportionate to any potential gains.
My Department does not collect information in relation to the volume of sales of spray paint cans. I am not in a position therefore to estimate the potential revenue generated through the imposition of a levy although it would, of course, also depend on the extent to which any levy would be expected to affect consumer behaviour.
469. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he has examined the possibility of introducing a levy on packets of chewing gum and the amount a levy of 5 cent, 10 cent and 20 cent on a packet would raise. [40669/13]
View answerMy Department has examined the possibility of a levy on packets of chewing gum. However, the examination concluded that such a levy would not directly address the root cause of the associated litter problem, which is the incorrect disposal of chewing gum. Rather than allowing for the punishment of the minority of consumers who do not dispose of their gum properly, the introduction of a levy would have an unfair impact on the majority who do. Moreover, the administrative and regulatory burden arising from the introduction of such a levy – for the public sector, industry and consumers – might well be disproportionate to any potential gains.
My Department does not collect information in relation to the volume of sales of chewing gum. I am not in a position therefore to estimate the potential revenue generated through the imposition of a levy although it would, of course, also depend on the extent to which any levy would be expected to affect consumer behaviour.
In 2011, I renewed an existing negotiated agreement between my Department and the Chewing Gum Industry for a three year period until 2014. The agreement aims to build on the success of public awareness campaigns and education programmes to date and represents a €9.6 million commitment by the industry over the period. The renewed programme contains several important new elements along with a billboard and in-store advertising campaign aimed at reinvigorating and enhancing previous campaigns including:
- responsible gum disposal messaging on all television advertising in Ireland,
- responsible gum disposal messaging on chewing gum packaging, and
- new online and educational programmes targeted at younger consumers.
I am confident that the agreement, coupled with the substantial increase in funding, represents a genuine commitment by industry to finding a solution to improper gum disposal. In particular, the 2012 Gum Litter Taskforce campaign proved successful with monitoring results indicating an improvement in gum litter levels in participating local authorities.
