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Tuesday, 1 Oct 2013

Written Answers Nos. 470 - 488

Leader Programmes Funding

Questions (470)

Robert Troy

Question:

470. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government the position regarding Leader funding (details supplied); and if he will make a statement on the matter. [40681/13]

View answer

Written answers

My Department continues to monitor the situation with regard to the allocation and drawdown of funding under the LEADER elements of the Rural Development Programme 2007-2013 (RDP). I advised all Local Development Companies (LDCs), including Longford Community Resources, of their revised Programme allocations in May 2013 and LDCs were given until 31 August to allocate any remaining available funding to ensure that all funding is allocated before the end of 2013.

Currently there is approximately €20.6m in potential commitments for eligibility assessment with my Department and I envisage that this process will be complete by the end of October 2013.  Following this, all LDCs, including Longford Community Resources will be informed if there is any availability of unallocated funds with a view to reaching full programme commitment by the end of 2013.  I understand that the project in question is under consideration by Longford Community Resources and as the LDC is the principal decision maker in relation to project funding, it will be the responsibility of the LDC to determine what projects will be allocated funding should additional funding become available from the above process.

Traveller Accommodation

Questions (471, 472)

Dessie Ellis

Question:

471. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the position regarding progress in fulfilling the request of the Oireachtas environment committee that he ask all local authorities to provide detailed explanations of the reason they have not drawn down their allocations for Traveller housing and to request all local authorities to inform him of the measures they have taken to provide housing for members of the Traveller community in their areas. [40694/13]

View answer

Dessie Ellis

Question:

472. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if, as per the environment committee's recommendation in May, he has agreed to introduce regulations requiring local authorities in future to give a detailed explanation of the reason they have not spent or drawn down moneys allocated to them by his Department; the steps they have taken to provide housing to members of the Traveller community; the way and why these steps have failed; the plans they have to correct same and provide the housing required; and the timeframe within which they intend to provide this housing. [40695/13]

View answer

Written answers

I propose to take Questions Nos. 471 and 472 together.

In accordance with the Housing (Traveller Accommodation) Act 1998, statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller accommodation programmes, designed to meet the accommodation needs of Travellers, rests with individual housing authorities. My Department’s role is to ensure that there is an adequate legislative and financial system in place to assist the authorities in providing such accommodation.

Accommodation for Travellers is provided across a range of options including standard local authority housing which is financed from my Department’s Social Housing Investment Programme (SHIP), Traveller-specific accommodation such as group housing and halting site bays and funded by means of 100% capital grant, private housing assisted by local authority or voluntary housing bodies, private rented accommodation and through their own resources. It is open to Travellers to opt for any form of accommodation, including Traveller-specific accommodation, and local authority programmes are intended to reflect these preferences.

Local Authorities are statutorily required to prepare and adopt multi-annual Traveller Accommodation Programmes for their areas. The current round of Traveller Accommodation Programmes for the period 2009 - 2013 are due to be completed in December and authorities are currently making arrangements for the next round of programmes which will run from 2014 to 2018. Since the adoption of the third round of programmes in 2009, it is estimated that over 450 units of Traveller-specific accommodation had been provided by end 2012, supported by the provision of approximately €50 million in capital funding from my Department. My Department also provides funding for accommodation related supports which operate in tandem with the capital programme. In total, over €7 million is being provided for Traveller accommodation purposes this year.

My Department closely monitors progress by housing authorities in relation to the implementation of their annual work programmes for the supply and improvement of social housing funded under SHIP, including Traveller accommodation. Capital allocations issue annually to housing authorities for each of the principal measures under SHIP, including Traveller accommodation. Housing authorities are required to submit quarterly profiles of expenditure under each of these measures. Expenditure is being closely monitored against the projected spend figures and the matter is also the subject of discussions between my Department and the authorities at meetings to review housing work programmes.

Local authorities are required to produce annual progress reports which measure the provision of Traveller accommodation in a given year against the target figure contained in their Traveller Accommodation Programme. As part of this process, housing authorities are requested to provide an explanation for any variations between targets and outputs. Local authorities cite various reasons for failing to meet targets and these include Traveller families refusing offers of accommodation, families only willing to live in certain areas where housing availability may be an issue, difficulties in obtaining Traveller agreement locally, planning and legal problems, difficulties in obtaining site access and anti-social behaviour by Traveller families which can delay development of projects. This information is circulated to, and discussed by, the statutory National Traveller Accommodation Consultative Committee at its meetings during the year and which advises me on a range of issues in relation to Traveller accommodation.

My Department monitors progress and expenditure on an ongoing basis. In the last two weeks, letters issued to all local authorities requesting them to furnish details of their projected expenditure on approved projects to end 2013. This information will allow the timely review and adjustment of budgets and any necessary reallocation of funding between local authorities. Having regard to the robust monitoring procedures already in place, I have no proposals to introduce further regulations in relation to the drawdown of allocations by local authorities in respect of their Traveller accommodation programmes.

Leader Programmes Funding

Questions (473)

Seán Ó Fearghaíl

Question:

473. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government if he will expedite an application for a project (details supplied) in County Kildare; and if he will make a statement on the matter. [40710/13]

View answer

Written answers

In the context of the LEADER elements of the Rural Development Programme (RDP), projects that request funding of €150,000 or more require final approval from my Department after Local Development Company (LDC) Board approval. The assessment of these higher value projects usually involves detailed consultations between my Department and the relevant LDC. In the context of the project referred to in the question, the request for approval was received on 31July 2013 and is currently under assessment.

Security of the Elderly

Questions (474)

Jerry Buttimer

Question:

474. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government if he will provide details of the funding available for community groups to assist older persons to continue to live securely in their homes; if he will consider permitting such funding to be used for cameras and CCTV systems; and if he will make a statement on the matter. [40848/13]

View answer

Written answers

The Seniors Alert Scheme aims to encourage community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, without sufficient means, to continue to live securely in their homes with confidence, independence and peace of mind. The Scheme is administered by local community and voluntary groups with the support of my Department. The funding allocated for Seniors Alert in 2013 is €2.35m. In the year to date, approx. €1.9 million has been grant-aided to 8,439 beneficiaries.

The maximum grants for equipment are as follows:

- Monitored personal alarms (with pendant) - €250

- Additional pendant/Re-installation - €50

The Scheme does not provide funding for costs associated with cameras and CCTV systems for home security and I have no plans to extend its scope to include such equipment.

Question No. 475 answered with Question No. 456.
Question No. 476 answered with Question No. 459.

Local Authority Staff Numbers

Questions (477)

Barry Cowen

Question:

477. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the full time equivalent head count and gross payroll bill for each local authority in the State for 2012; and if he will make a statement on the matter. [40992/13]

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Written answers

The number of persons employed in each local authority at the end of December 2012, on a whole-time equivalent (WTE) basis, is outlined in the table below.

Local Authority

December 2012 (WTE)

Cork City

1272.42

Dublin City

5772.70

Galway City

435.33

Limerick City

443.54

Waterford City

344.18

Carlow

276.09

Cavan

380.90

Clare

750.98

Cork County

2088.19

Donegal

911.00

Dún Laoghaire / Rathdown (DLR)

1028.30

Fingal

1330.70

Galway

770.28

Kerry

1119.56

Kildare

843.62

Kilkenny

507.46

Laois

342.70

Leitrim

266.15

Limerick

619.33

Longford

289.75

Louth

652.51

Mayo

1000.53

Meath

623.58

Monaghan

385.05

Offaly

388.60

Roscommon

434.80

Sligo

453.98

South Dublin

1176.47

Tipperary North

450.36

Tipperary South

606.31

Waterford

447.06

Westmeath

447.26

Wexford

723.60

Wicklow

716.65

Total Staffing

28299.94

The Gross Cash Remuneration (comprising Core Pay, Overtime, Allowances and Other costs) in each city and county council in 2012 is outlined in the table below.

Local Authority

Gross Cash Remuneration

Cork City

€63,685,051.90

Dublin City

€262,418,426.00

Galway City

€18,518,304.92

Limerick City

€18,967,542.30

Waterford City

€17,029,850.00

Carlow

€14,486,274.24

Cavan

€21,176,919.39

Clare

€33,591,155.00

Cork

€111,335,876.49

Donegal

€43,614,668.56

Dún Laoghaire / Rathdown

€50,427,706.00

Fingal

€55,696,841.00

Galway

€43,293,186.62

Kerry

€49,968,661.00

Kildare

€38,332,666.91

Kilkenny

€27,176,351.16

Laois

€18,718,285.32

Leitrim

€13,267,668.54

Limerick

€29,143,742.51

Longford

€15,621,548.40

Louth

€27,290,584.65

Mayo

€42,149,964.08

Meath

€33,886,801.00

Monaghan

€17,879,958.55

Offaly

€20,960,408.57

Roscommon

€22,325,049.44

Sligo

€21,567,383.53

South Dublin

€53,926,762.57

North Tipperary

€22,015,672.00

South Tipperary

€28,850,350.00

Waterford

€23,634,733.00

Westmeath

€22,590,540.93

Wexford

€36,859,325.45

Wicklow

€33,577,852.48

Overall Total

€1,353,986,112.51

Social and Affordable Housing Eligibility

Questions (478)

Robert Troy

Question:

478. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government when he will publish the new housing needs assessment guidelines; if he will be making allowances for marital breakdowns in situations where neither party is in a position to buy the other out therefore both names must remain on the deeds. [40996/13]

View answer

Written answers

As part of the programme for social housing reform I am keeping the Social Housing Assessment Regulations 2011 under review. I expect as part of this process to issue revised Regulations and further guidance to housing authorities on this area. These will be informed by, amongst other things, areas highlighted for revision as a result of the summary of assessments 2013, the results of which I hope to publish shortly, revisions to the assessment process required as a result of the introduction of the new Housing Assistance Payment and general feedback from housing authorities. As indicated previously, consideration will also be given to what wider discretion might be given to housing authorities to address the individually difficult and complex cases which may present to them.

Water Charges Administration

Questions (479, 480, 481)

Brian Stanley

Question:

479. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if payment of the proposed water rates will be subject to the same methods of payment as the local property tax. [40999/13]

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Brian Stanley

Question:

480. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if Irish Water will have the power to deduct payment of water rates from a householder's source of income. [41000/13]

View answer

Brian Stanley

Question:

481. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if farmers will be subject to domestic water rates for work carried out on the farm. [41001/13]

View answer

Written answers

I propose to take Questions Nos. 479 to 481, inclusive, 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 (No. 2) Bill 2013, which is currently in preparation, will provide Irish Water with the power to collect charges from customers in respect of its services. The Government has decided to assign responsibility for the economic regulation of the water sector, including the setting of charges, to the Commission for Energy Regulation (CER). Following the enactment of the Water Services Bill the CER will have the power to set charges for both domestic and non-domestic charges. The primary role of CER will be to protect the interests of customers and to ensure a consistent and appropriate level of service is provided to them.

Currently, any farm connected to a public water supply is liable for charges as a non-domestic customer, with an allowance provided for domestic use. Following the introduction of domestic water charges, farms connected to public water supplies will be charged by Irish Water for both non-domestic and domestic use, subject to any free allowance to be provided to households in line with the commitment in the Programme for Government.

Waste Management Issues

Questions (482)

Finian McGrath

Question:

482. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding the storage of asbestos at a location (details supplied). [41072/13]

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Written answers

The primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste, i.e. 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. In addition, in the case of hazardous waste, a holder of waste is required, without delay, to inform both the local authority concerned and the EPA of any loss, spillage, accident or other development concerning that waste which causes or is likely to cause environmental pollution.

Enforcement actions against illegal waste activity are a matter for the local authorities and the Office of Environmental Enforcement (OEE) within the Environmental Protection Agency. Asbestos is a hazardous waste and its management requires care, including in respect of relevant health and safety requirements. Further general information on asbestos, including disposal, can be obtained from the Environmental Protection Agency’s website http://www.epa.ie/whatwedo/advice/asbestos/.

Question No. 483 answered with Question No. 455.

Local Authority Staff Issues

Questions (484)

Patrick O'Donovan

Question:

484. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government the duration of time in which a person can work in an acting capacity in a local authority; if the position is being filled can the person who is acting apply for the position; and if he will make a statement on the matter. [41088/13]

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Written answers

My Department operates a delegated sanction, from the Department of Public Expenditure and Reform, for implementation of the moratorium in relation to local authorities, and any exceptions to the moratorium in local authorities require sanction from my Department. Acting up arrangements of less than 4 months duration do not attract an acting up allowance and do not require my Department’s sanction; however, sanction is required for all acting arrangements over 4 months duration.

Under section 159 of the Local Government Act 2001, each City and County Manager is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible.  In this regard, it is a matter for City and County Managers, in the first instance, to ensure that the moratorium is implemented while the appropriate service levels are maintained.  It is open to local authorities to seek sanction to fill critical posts. My Department examines all staffing sanction requests on a case by case basis having due regard to the continued delivery of key services in the context of staffing and budgetary constraints. In considering sanction requests public safety, maintaining key front line services, and economic issues are given precedence.

The running of competitions for local authority posts is a matter for the local authority in question and the Public Appointments Service as appropriate. Subject to the terms of sanction once local authority staff meet all relevant requirements, particularly in terms of qualifications and experience, it is open to them to apply for positions as they arise.

Planning Issues

Questions (485)

Patrick O'Donovan

Question:

485. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will clarify the course of action open to persons when local authorities commission works including the construction of houses under a Part VIII procedure, and the works are not in keeping with the original plans of what was granted permission; if enforcement action will be taken against the local authority who is the competent person to carry out the enforcement; and if he will make a statement on the matter. [41098/13]

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Written answers

In accordance with section 179 of the Planning and Development Act 2000, as amended, and Part 8 of the Planning and Development Regulation 2001, as amended, local authorities are required to obtain the approval of the elected members for carrying out certain works in their administrative areas, including the construction of houses. A consultation process is required to be undertaken prior to the submission of the matter to the elected members and any views of the public and relevant statutory consultees are required to be taken into account in this regard.

Local authorities are separate, independent statutory bodies and section 63(3) of the Local Government Act, 2001 provides that subject to law, a local authority is independent in the performance of its functions. However, local authorities are of course required to carry out their functions in accordance with the law. My primary role in relation to local authorities is to provide the policy, financial and legislative framework within which they perform their designated functions.

While I, as Minister, have certain powers under the Planning and Development Act with regard to the more general operation of local authorities in the area of planning - e.g. to issue policy directives under section 29 of the Act, directions under section 31, or the power to request a report on the performance of a local authority’s functions under section 255 of the Act – I am precluded from intervening or exercising any power or control in relation to any individual case in which a planning authority may be involved. Where an individual is of the view that a local authority has not adhered to the prescribed procedures prior to undertaking specific works, it is open to such individual to seek redress through the Courts or by lodging a formal complaint with the Office of the Ombudsman.

EU Directives

Questions (486)

Seán Kyne

Question:

486. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 940 of 18 September, if he will list the various EU regulations against which Ireland was facing infringement cases in March 2011, and the 12 at the beginning of 2013 and if he will identify which nine are remaining. [41105/13]

View answer

Written answers

As of March 2011, the EU legislation in respect of which the 19 infringement cases were taken against Ireland by the European Commission is as set out in Table 1 below.

Table 1 – Infringement Cases as at March 2011

Case Reference

EU Legislation

C-183/05

Directive 92/43/EEC (Habitats Directive) – Transposition Issues

C-418/04

Directive 79/409/EEC (Wild Birds Directive) – Implementation Issues

C-215/06

Directive 85/337/EEC (Environmental Impact Assessment Directive) – Retention Permission

C-66/06

Directive 97/11/EC (Environmental Impact Assessment Directive) – On-Farm Developments

C-50/09

Directive 85/337/EEC (Environmental Impact Assessment Directive) – Split-Decision Making

C-494/01

Directive 75/442/EEC (Waste Framework Directive) – Waste Disposal Arrangements

C-248/05

Directive 80/68/EEC (Groundwater Directive) – Pollution Issues

C-316/06

Directive 91/271/EEC (Urban Waste Water Directive) - Urban Waste Water Treatment Arrangements

C-188/08

Directive 75/442/EEC (Waste Framework Directive) – Inspection of Septic Tanks

2011/0198

Directive 2008/99/EC (Protection of the Environment through Criminal Law Directive) – Non Transposition

2011/0471

Directive 2009/30/EC (Fuel Quality Directive) – Non Transposition

2010/0512

Directive 2008/50/EC (Ambient Air Quality and Cleaner Air for Europe Directive) – Non Transposition

2008/2070

Directive 1996/61/EC (Integrated Pollution Prevention and Control Directive) – Permitting Arrangements

2007/2503

Directive 2002/96/EC (Waste Electrical and Electronic Equipment Directive) – Transposition Issues

2010/2161

Directive 92/43/EEC (Habitats Directive) – Implementation Issues

2001/5176

Directive 92/43/EEC (Habitats Directive) – Implementation Issues

2011/0197

Directive 2008/98/EC (Waste Framework Directive) – Non Transposition

2010/0672

Directive 2008/56/EC (Marine Strategy Framework Directive) – Non Transposition

2007/2238

Directive 2000/60/EC (Water Framework Directive) – Transposition Issues

As of 1 January 2013, the EU legislation in respect of which 12 infringement cases were outstanding against Ireland by the European Commission is as set out in Table 2 below. Those three infringement cases marked with an asterisk were closed between 1 January and 18 September 2013.

Table 2 – Infringement Cases as at 1 January 2013

Case Reference

EU Legislation

C-158/12

Directive 1996/61/EC (Integrated Pollution Prevention and Control Directive) – Permitting Arrangements

C-66/06 *

Directive 97/11/EC (Environmental Impact Assessment Directive) – On-Farm Developments

C-188/08 *

Directive 75/442/EEC (Waste Framework Directive) – Inspection of Septic Tanks

C-215/06

Directive 85/337/EEC (Environmental Impact Assessment Directive) – Retention Permission

C-50/09 *

Directive 85/337/EEC (Environmental Impact Assessment Directive) – Split-Decision Making

C-494/01

Directive 75/442/EEC (Waste Framework Directive) – Waste Disposal Arrangements

C-316/06

Directive 91/271/EEC (Urban Waste Water Directive) – Urban Waste Water Treatment Arrangements

C-418/04

Directive 79/409/EEC (Wild Birds Directive) – Implementation Issues

2011/0834

Directive 2009/31/EC (Geological Storage of Carbon Dioxide) – Non Transposition

2012/4028

Directive 2003/35/EC (Public Participation in Decision Making and Access to Justice in Environmental Matters) – Implementation Issues

2007/2238

Directive 2000/60/EC (Water Framework Directive) – Transposition Issues

2010/2161

Directive 92/43/EEC (Habitats Directive) – Enforcement Issues

Vehicle Registration Issues

Questions (487)

Andrew Doyle

Question:

487. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if a log book may be released to An Garda Síochána for a vehicle (details supplied) in County Wicklow for its inspection in order to pay road tax at the large public service vehicle rate, in view of the fact that the vehicle registration tax has been paid; and if he will make a statement on the matter. [41124/13]

View answer

Written answers

The issuing of a Vehicle Registration Certificate is a matter for my colleague, the Minister for Transport, Tourism and Sport. I understand that Certificates are issued on first taxing of a vehicle. I understand also that provision exists, in certain circumstances, for access to information from the vehicle register.

Regulatory Impact Assessment Data

Questions (488)

Joanna Tuffy

Question:

488. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government if he will provide an update on all regulatory impact statements carried out on Bills in his Department since this Government took office to date; if he will list these Bills in tabular form; and if he will make a statement on the matter. [41593/13]

View answer

Written answers

My Department has carried out Regulatory Impact Assessments (RIAs) on the following Bills since the Government took office: Electoral, Local Government and Planning and Development Bill 2013; Non Use of Motor Vehicles Bill 2013; Electoral (Amendment) (Dáil Constituencies) Bill 2012; Water Services (Amendment) Bill 2011; Dormant Accounts (Amendment) Bill 2011; Electoral (Amendment) Bill 2011; and RIAs relating to the following General Schemes of Bills: Maritime Area and Foreshore (Amendment) Bill - 2013; Radiological Protection (Miscellaneous Provisions) Bill - 2013. RIAs are generally undertaken within my Department at an early stage in the policy development process, as they are regarded as a valuable tool in deciding the best approach to take.

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