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Tuesday, 12 Nov 2013

Written Answers Nos. 266 - 281

Fire Service Issues

Questions (266)

Simon Harris

Question:

266. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government if he is satisfied with the procedures and policies in place in Wicklow County Council in relation to the fire service; if he is satisfied that all these policies comply with circulars set down by his Department and relevant legislation; his views on the recent findings of a court in relation to this local authority being found negligent in this area; and if he will make a statement on the matter. [47766/13]

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Written answers

I again extend my deepest sympathies to the families and colleagues of Brian Murray and Mark O’Shaughnessy whose deaths occurred in tragic circumstances in Bray in 2007.

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 and the provision of premises and equipment for use by fire service personnel is a matter for the fire authorities under Section 10 of the Fire Services Act 1981 and 2003.

My Department, through the National Directorate for Fire and Emergency Management, engages on an on-going basis with fire authorities on the development and implementation of national policy. I published a new national policy for the future direction of fire services in February 2013 titled Keeping Communities Safe (KCS). This is intended to keep fire safety and fire services in Ireland in line with international best practice and to manage fire risk effectively so that the downward trend in the level of fire loss recorded annually continues.

There have been a number of initiatives to assist fire authorities in meeting their statutory responsibilities while also complying with the requirements of the Safety Health and Welfare at Work Act 2005. These include embedding the “safe person” concept for those working in fire services, so that they are appropriately equipped and trained, have procedures and are supervised so that, in so far as is reasonably practicable, their safety at work is ensured. Initiatives include the introduction into fire service operations of the National Incident Command System in 2007; the template for Fire Services Ancillary Safety Statements also from 2007, Fire Service Standard Operational Guidance (SOGs) 2010 – 2013; other operational guidance including The Use of Breathing Apparatus in the Fire Service (2007) as well as associated training material. Occupational Health Systems and Critical Incident Stress Management programmes were also put in place with co-ordination and assistance from the relevant bodies at national level. Developments in this field are on-going and a Fire Services Safety Management System (SMS) is being developed to ensure that occupational health and safety in fire services is fully aligned with local government SMS policy and is based on international best practice in this field.

Three separate investigations were carried out into the Bray fire tragedy. These were conducted by the relevant statutory authorities, the Health and Safety Authority (HSA), An Garda Síochána and Wicklow County Council itself. For the record, Wicklow County Council pleaded guilty to four specific charges in the recent court case arising from the investigations of the Bray fire tragedy. In the course of the trial the original charges were amended and Wicklow County Council pleaded guilty to the revised charges as follows:

- not providing a system of work which effectively ensured that sufficient assistance was available from a second fire tender within a reasonable period either by having a standing instruction (pre-determined attendance) and by failing to have an adequate plan to summon assistance from other brigades so as to ensure so far as reasonably possible that safe levels of resources were applied to fighting fires;

- failing to establish, co-ordinate and maintain an effective system of central control and communication effective to secure timely assessment of response, communication with other brigades and co-ordination of response;

- failing to review the safety statement relating to the work of the Bray fire brigade;

- providing for the use of Bray fire brigade fire fighting apparatus being a compressed air foam system in circumstances where they had not received sufficient training in the use of that system.

I understand from Wicklow County Council that changes have been made since September 2007 reflecting the national initiatives outlined above relating to the content of the above indictments.

On 25 October 2007 the process of closing the Watch Room in Bray Fire Station was completed and its functions transferred to the Eastern Regional Control Centre (ERCC) operated by Dublin Fire Brigade. In addition a standardised list of Wicklow County Fire Service Pre-Determined Attendances (PDAs) became operational on that date.

The Fire Service Ancillary Safety Statement has been revised and updated on a number of occasions between 2008 and 2013. Personnel who use CAFS all receive training from externally accredited instructors.

I am also advised by Wicklow County Council that other improvements in Wicklow County Fire Service since September 2007 include:

- Adoption and application of the National Incident Command System including the provision of training to all personnel;

- Training for and implementation of national Standard Operational Guidance (SOGs);

- Location in Bray Fire Station of 8 drivers who are qualified to drive fire engines under blue light conditions, and 8 personnel trained to Unit 1 standard i.e. capable of taking charge of small incidents;

- Introduction of a formalised system of Pre-Incident Planning;

- Installation of exhaust extraction systems have been installed in all fire stations;

- An increase in headquarters staff numbers from 3 to 6.

- Provision of a range of specialist Training for fire service personnel.

UN Missions

Questions (267)

Catherine Murphy

Question:

267. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the occasions, since the start of 2002, on which his Department has facilitated the attendance of civil society organisations at UN and other Intergovernmental Conferences through the courtesy of accrediting them as part of the Government delegation; and if he will provide a list of names of the individuals in question, their organisational affiliation and the host city, title and year of the conference. [47777/13]

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Written answers

The information sought is not readily available in my Department and its compilation would involve a disproportionate amount of time and work.

On the core issue of civil society organisations being facilitated on national delegations for UN and other intergovernmental conferences, my Department tries to be accommodating where warranted or where exceptional circumstances may arise.

The national delegation for such United Nations and intergovernmental conferences is drawn primarily from Government Departments and Agencies that are directly engaged on the policies and issues concerned and that work on the basis of an overall agreed national Government position, representing Ireland.  Exceptions to this are not envisaged, save where some specific element of expertise is required to improve the overall national coverage of issues at the negotiations. Where applications are received from civil society organisations, they are given full and careful consideration, taking into account, inter alia , fairness to all interested observers and options available through the formal channels of admission available to non-governmental organisations.

For example, under the UN Framework Convention on Climate Change, there are established provisions and arrangements in place for admission of non-governmental organisations to sessions of the Convention bodies as observers. Attendance by observers representing civil society organisations should be pursued through that channel. Routine matters in relation to the provisions and requirements for nomination of civil society members by non-governmental organisations do not in general constitute exceptional circumstances that would warrant inclusion in the national delegation.

Waste Management Regulations

Questions (268, 269, 270, 271)

Eoghan Murphy

Question:

268. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the position regarding a review, initiated by his Department in June 2012, of the producer responsibility initiative model in Ireland; when this review will be complete; and when he will be in a position to publish the review in full. [47791/13]

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Eoghan Murphy

Question:

269. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the position regarding producer responsibility initiatives here and the various waste streams which are covered by producer responsibility initiatives. [47792/13]

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Eoghan Murphy

Question:

270. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the current number and identity of approved producer responsibility initiatives under the Waste Management (Packaging) Regulations 2007, S.I. No 798 of 2007; the date such approval commenced; the date and term of any extensions to the schemes; the process which was undertaken for the approval of such schemes; and if such approval is contingent upon or will be delayed until the outcome of the review of the producer responsibility initiative model in Ireland. [47793/13]

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Eoghan Murphy

Question:

271. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the current number and identity of applications to his Department for approval to operate a producer responsibility initiative under the Waste Management (Packaging) Regulations 2007, S.I. No 798 of 2007; the process which will be undertaken in such an approval process; and if such approval is contingent upon or will be delayed until the outcome of the review of the producer responsibility initiative model in Ireland. [47794/13]

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Written answers

I propose to take Questions Nos. 268 to 271, inclusive, together.

In June 2012, I announced a wide ranging review of the existing producer responsibility initiatives (PRIs) in Ireland. The overall purpose of this review is to assess the nature and level of the challenges which are currently facing the existing Producer Responsibility Agreements as well as the forthcoming challenges that are expected to arise in the management of various waste streams. The findings and recommendations from the review will form the basis for the development of robust producer responsibility initiatives that will enable Ireland to operate successfully in meeting our domestic and EU environmental obligations in the medium to long term.

The terms of reference for the review provide that certain parts of the project would be progressed faster, and delivered once completed. In this regard, my Department has recently published the reports on Corporate Governance and the consideration of the introduction of a Packaging Levy. These reports are available on my Department’s website (www.environ.ie). I expect to publish the reports on Waste Tyres and End-of-Life Vehicles in the coming weeks and the final report of the review will be published in the coming months.

The principal PRIs in Ireland are in the areas of waste electrical and electronic equipment (WEEE), batteries, packaging, end-of-life vehicles (ELVs), waste tyres and farm plastics. The majority of these PRI schemes have operated very successfully and have enabled Ireland to reach our domestic and EU recycling targets. They have also successfully contributed to Ireland meeting our overall environmental goals and have diverted substantial amounts of waste from landfill.

In terms of packaging PRIs, Repak is the sole compliance scheme approved to date under the Waste Management (Packaging) Regulations 2007. My Department currently also has one application on hand, from ERP Ireland, for approval under the Regulations.

Repak’s last five-year approval expired at the end of 2011. This was initially extended for a twelve-month period to 31 December 2012 and then for two further periods of six and then three months to 30 September 2013. Repak was re-approved for a further five-year period from 25 September 2013.

The application and assessment processes are set out under Articles 18 and 19 of the 2007 Regulations.

One of the issues under examination under the PRI review is the issue of the competitive environment for compliance schemes in Ireland, and the review will examine and advise on the optimal competitive environment. As the review is also examining a variety of inter-related issues within the packaging sector, including the possibility of a packaging levy, I decided that I would await the results and final report of the PRI Review before completing the decision-making process in respect of ERP Ireland’s application. My Department has kept ERP Ireland fully informed on this matter and on the status of their application generally and has given similar indications to other potential applicants in other waste streams who had enquired about the application process namely that, while they could seek to apply, their applications would not be considered and determined until after the PRI review was finalised.

Fire Safety Regulations

Questions (272)

Clare Daly

Question:

272. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the steps he has taken to ensure that Fingal County Council has exercised its enforcement powers under the Fire Safety Act 1981 in relation to dwellings at Martello in Balbriggan in view of the serious fire safety breaches and the fact that residents in Foxford Court had to be evacuated; and if he is satisfied that the local authority has fulfilled its responsibilities in relation to fire safety compliance. [47806/13]

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Written answers

Local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in residential buildings, and have used such powers on a number of occasions, including in relation to instances of non-compliance which arose in relation to both residential developments referred to in the question.

Neither I nor my Department have any function in assessing, checking or testing compliance, or otherwise, of specific works or developments, nor can I or my Department influence or interfere in the handling of specific cases by local authorities who are at all times independent in the use of their statutory powers. Nevertheless I have urged, and will continue to urge, local authorities in general to continue to use all of the powers currently available to them to address failures to comply with statutory requirements, particularly in relation to fire safety in residential developments within their functional areas.

In the case of the Martello Estate in Balbriggan, my Department understands that Fingal County Council issued an enforcement notice under the Building Control Act 1990 and, on foot of undertakings given in the District Court, the developer has now carried out remedial works which have been certified by a competent professional who supervised the works. It is understood that Fingal County Council is satisfied that the substance of the enforcement notice has been complied with and no further action is contemplated.

In relation to Foxford Court in South County Dublin the position is that a detailed remedial works tender has been prepared by the developer and agreed with the Dublin City Fire Safety Officer. A contractor has now been selected who has undertaken to carry out the works within a 10 week period and in a manner which will render the properties fully compliant with Part B (Fire Safety) of the Building Regulations. South Dublin County Council will continue to liaise closely with the developer and the Management Company of Foxford Court and is confident that all parties concerned are committed to achieving a full and early resolution to this problem.

Rental Accommodation Scheme Eligibility

Questions (273)

Simon Harris

Question:

273. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the circumstances in which a person may enter the rental accommodation scheme even though they have not been in receipt of rent supplement for 18 months; and if he will make a statement on the matter. [47814/13]

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Written answers

The 18 month threshold is a ‘rule of thumb’ to try to distinguish between persons who are seeking a short term income support and those who have a long term housing need.

While in general a household must be in receipt of rent supplement for 18 months or more to qualify for the Rental Accommodation Scheme (RAS), housing authorities do, on occasion, accept households on to RAS where they have been less than 18 months on rent supplement. This occurs where there are exceptional circumstances and where a long term housing need can be demonstrated. This has been applied in respect of homeless persons and for households with special needs.

Bringing persons into RAS before the 18 month period has elapsed has also been applied administratively to facilitate a landlord who is bringing a number of properties across with tenants on rent supplement for different periods. It has also been used to facilitate persons moving back to employment.

Local Authority Services

Questions (274)

John Lyons

Question:

274. Deputy John Lyons asked the Minister for the Environment, Community and Local Government if he will issue guidelines to local authorities to ensure any correspondence to local authority tenants is reviewed by the National Adult Literacy Agency or similar body to ensure it is jargon free, in plain English and easily accessible for those with varying literacy levels. [47818/13]

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Written answers

It would be a matter for individual local authorities to ensure that any correspondences to their tenants are prepared with due consideration of their customer charters and other relevant provisions as regards the accessibility of the material. While I have no plans to issue guidelines along the lines proposed it should also be noted that efforts are continually made where possible to ensure that all communications are clear, unambiguous and widely accessible.

In this context I would very much welcome any additional specific measures taken by individual local authorities to ensure that their publications and correspondences with the public are in such a format that they are accessible to the broadest possible range of persons, literacy-wise.

Local Authorities Management

Questions (275)

Tom Fleming

Question:

275. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government in view of the fact that a special exemption has been given to Kilkenny that allows it to retain its Mayor from 2014 onwards, if he will take into consideration the fact that Killarney is the capital of tourism here (details supplied); if he will give special status to Killarney, County Kerry and allow it in future to elect its own Mayor; if he will take into consideration the fact that the Mayor is extremely important to Killarney, the business and hospitality industry, even more so than most towns and cities here; and if he will make a statement on the matter. [47859/13]

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Written answers

The Local Government Bill 2013 does not provide a special exemption for Kilkenny in relation to the position of its Mayor. The Bill provides for all municipal districts containing current Borough Councils, including Kilkenny, or towns with a population of 20,000 to have the option of adopting the title of Mayor. I am satisfied that the provisions of the Bill in this regard reflect appropriately the status and relevant application of the mayoral title.

Planning Issues

Questions (276)

Brendan Griffin

Question:

276. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the procedures in place for the demolition of buildings and disposal of associated debris in urban and rural areas; and if he will make a statement on the matter. [47876/13]

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Written answers

The demolition of buildings - other than as exempted by Class 50 Schedule 2, Part 1 of the Planning and Development Regulations 2001 (demolition, subject to conditions, of a building within the curtilage of a house, an industrial building, a business premises or a farmyard complex) - is subject to the requirement to obtain planning permission.

Section 34(4)(l) of the Planning and Development Act 2000 permits the attachment of conditions to a planning permission relating to construction and demolition waste management. A possible draft for such a condition is included in the Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects, issued by my Department in July 2006; this provides that prior to the commencement of development, the developer would be required to submit a formal Project Construction and Demolition Waste Management Plan to the local authority for agreement prior to Commencement Notice stage.

In June 2007, my Department issued the Development Management Guidelines for Planning Authorities. The Guidelines advise that, in relation to the issue of the proper management of construction and demolition waste, planning authorities should have regard to Departmental Circular Letter WPR 7-06 and Best Practice Guidelines on the Preparation of Waste Management Plans for Construction & Demolition Projects (available at www.environ.ie) or any subsequent revision of these guidelines. These guidelines primarily advocate maximum reuse of materials onsite, their segregation to facilitate recycling when not reused onsite, and minimal disposal.

The ongoing review of the Producer Responsibility concept in Ireland will examine the establishment of producer responsibility obligations for construction and demolition projects over a certain threshold. The final report of the review will be published in the coming months.

Planning Issues

Questions (277)

Michael Healy-Rae

Question:

277. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding entrances on to national secondary roads; and if he will make a statement on the matter. [47930/13]

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Written answers

The decision as to whether to grant planning permission in any particular case is a matter for the relevant planning authority, in the first instance, and for An Bord Pleanála in the event of an appeal. In making decisions on planning applications, planning authorities and the Board must consider the proper planning and sustainable development of the area, having regard to the provisions of their development plan, any submissions or observations received, and relevant nisterial or Government policies, including current guidelines issued by my Department under section 28 of the Planning and Development Act 2000.

In January 2012 my Department published the Spatial Planning and National Roads Guidelines for Planning Authorities. The guidelines were issued under section 28 of the Planning and Development Act, 2000 and planning authorities and An Bord Pleanála are required to have regard to them in the performance of their functions.

Inland Waterways

Questions (278)

Peadar Tóibín

Question:

278. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government if his Department will provide direction for a safety procedure (details supplied) to be enforced; if this procedure been enforced in any other region or with any other community organisation; if he will reverse this decision and allow for Meath River Rescue to operate in a fully integrated and efficient manner. [47988/13]

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Written answers

My colleague, the Minister for Transport, Tourism and Sport is the Minister with responsibility for receiving calls for assistance for inland waterways and mobilisation of appropriate response services. I have no function in the matter referred to in this question.

Water and Sewerage Schemes Funding

Questions (279)

Dan Neville

Question:

279. Deputy Dan Neville asked the Minister for the Environment, Community and Local Government if he will approve funding for the extension of a sewerage scheme (details supplied) in County Limerick, especially since there is a pumping station already in place [48005/13]

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Written answers

Work is continuing on the Patrickswell Sewerage Scheme – Networks Contract which is being funded under my Department’s Water Services Investment Programme 2010 – 2013.

In August 2013, Limerick County Council submitted a proposal for an extension to the contract in the Ballyanrahan / Ballybronogue area at an estimated cost of some €0.57 million. Following examination of this proposal by my Department, a letter issued to Limerick County Council in October 2013, advising the Council that funding of the extension was not approved as the proposed works would not prevent issues experienced with septicity and odour, and do not represent good value for money.

Building Regulations Amendments

Questions (280)

Olivia Mitchell

Question:

280. Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government his plans to change current building guidelines to encourage the use of rainwater harvesting in new developments; and if he will make a statement on the matter. [48102/13]

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Written answers

Building regulations, which are primarily concerned with the safety and wellbeing of persons in and around buildings, set down mandatory performance standards for buildings, and these performance standards are reviewed and upgraded over time. The statutory requirements are set out in twelve parts (classified as parts A to M) included under the Second Schedule to the Building Regulations 1997-2013. Technical guidance documents (TGDs) are published to accompany each of the twelve parts in order to demonstrate how the statutory requirements may be achieved in practice.

Generally speaking, the performance standards set out under the building regulations can be met by a variety of traditional or innovative approaches. The building regulations and the accompanying TGDs leave it open to each individual designer to pick the optimum solution for the particular building concerned while ensuring that the mandatory performance requirements are met.

In relation to water sustainability, Part H – Drainage and Waste Water Disposal – of the Building Regulations was updated in 2010 and the accompanying TGD H 2010 already references water sustainability systems which are coming into increasing use (e.g. rain water recovery systems, grey water usage, etc.). At the time my Department was aware of research, undertaken over a 24 month period which commenced in 2006, by the Dublin Institute of Technology on behalf of the National Rural Water Monitoring Committee in regard to the feasibility of rainwater harvesting systems replacing treated main water for non-potable uses. This research concluded that there is no economic basis for the adoption of rain water harvesting by domestic consumers. Nevertheless, my Department was of the view that referencing rainwater harvesting systems in TGD H 2010, as has been done, was appropriate given the increasing level of interest in the use of such systems and that this would ensure that such systems, where used, can be designed and constructed in a safe and responsible manner and in accordance with the best available national and international guidance.

Part G – Hygiene – of the Building Regulations was amended in 2008 and in the interests of water efficiency dual flush toilets are now standard when toilets are being installed or replaced.

My Department also publishes design guidance for local authorities - Quality Housing for Sustainable Communities which emphasise environmental sustainability and resource efficiency. The influence of this guidance extends beyond social housing provision to provide an important reference point in promoting sustainability issues generally.

Departmental Contracts

Questions (281)

Lucinda Creighton

Question:

281. Deputy Lucinda Creighton asked the Minister for the Environment, Community and Local Government if he will provide in tabular form for each year since 2003, the total cumulative amount in euro paid by his Department for non-audit services to companies (details supplied); and if he will make a statement on the matter. [48111/13]

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Written answers

Payments made by my Department to the relevant companies for each year from 2008 for non-audit services are set out in the following table.

Company *

2008

2009

2010

2011

2012

Deloitte

€32,685

€28,856

-

-

-

Ernst and Young

€325,345

€219,702

-

-

-

Grant Thornton

-

€129,112

€54,607

-

-

Price Waterhouse Coopers

€995

-

-

€59,290

€120,294

*No payments were made to KPMG.

Information in respect of earlier years is not readily available and its compilation would involve a disproportionate amount of time and work.

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