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Tuesday, 19 Nov 2013

Written Answers Nos. 432 - 453

Security of the Elderly

Questions (432)

Micheál Martin

Question:

432. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government the amount of funding he is making available for the senior alert schemes in 2014; and if he will make a statement on the matter. [48942/13]

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, of limited 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 allocation for the Seniors Alert Scheme for 2014 is €2.35million which is sufficient to meet current demand levels for this important scheme.

Question No. 433 answered with Question No. 427.

Irish Water Establishment

Questions (434, 435)

Stephen Donnelly

Question:

434. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government if he will provide the projected costs for the establishment of Irish Water; if he will use the borrowing provisions of the Water Services Act 2013 to repay the full establishment costs of Irish Water into the local government fund; and if he will make a statement on the matter. [48967/13]

View answer

Stephen Donnelly

Question:

435. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government if the annual costs of water provision, in addition to the establishment costs of Irish Water, are to be paid out of the local government fund in 2014 and if this represents a double payment for water services by local authorities and local communities; and if he will make a statement on the matter. [48968/13]

View answer

Written answers

I propose to take Questions Nos. 434 and 435 together.

The Water Services Act 2013 which provided for the establishment of Irish Water as a subsidiary of Bórd Gáis Éireann, to be formed and registered under the Companies Act, also provides for the normal governance arrangements for a commercial State body in relation to its financial sustainability.  Bord Gáis has put in place appropriate programme management arrangements to establish Irish Water, prepare for the transfer of assets, liabilities and functions from local authorities from 1 January 2014, provide for customer service and billing and implement the domestic water metering programme.  Expenditure on this programme is a matter for Bord Gáis/Irish Water.  The costs are not being funded from either the Exchequer or the Local Government Fund. In relation to other costs arising for Irish Water in 2014 I refer to the reply to Questions Nos. 111 and 113 on 14 November 2013.

Question No. 436 answered with Question No. 424.

Local Government Fund

Questions (437)

Stephen Donnelly

Question:

437. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government notwithstanding the decision not to make allocations from the local government fund at a municipal district level, if he will, for the purposes of transparency, further strengthen democracy at a local level; if he will provide a breakdown of local property tax revenues on a municipal council level for 2014; and if he will make a statement on the matter. [48981/13]

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Written answers

The Revenue Commissioners have responsibility for the collection of the Local Property Tax and, as such, detailed queries concerning anticipated revenue in 2014 should be directed to my colleague, the Minister for Finance. In any event, the Municipal Districts will not be determined until after the enactment of the Local Government Bill 2013.

The Local Government Bill 2013 provides that members of municipal districts will have input to the development of the local authority budget. In broad terms, the Bill provides that a single budget will be adopted for the overall local authority. The initial draft budget will include estimated expenditure on services as well as a proposed total amount of commercial rates to be levied. It will also include a proposed amount to be made available to the municipal district members by means of a General Municipal Allocation (GMA). To inform the decision on the final GMA, draft budgetary plans for each municipal district will be adopted by the municipal district members, setting out the proposed use of the GMA within their district, having regard to local needs and priorities and based on a prioritised schedule of works for the district. This element of funding will predominantly relate to discretionary areas of expenditure.

Agreement on the final amount of the GMA will be a reserved function of the elected members acting in plenary. Municipal district members may also increase the amount of funding available to them in their draft budgetary plan by increasing certain local charges. Conversely a reduction in those local charges will see a reduction in the amount the municipal district members have available to spend. The manner and format of the local authority budget, including in relation to the GMA, will be provided for in regulations.

Pyrite Remediation Programme Implementation

Questions (438)

Terence Flanagan

Question:

438. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the date on which pyrite remediation will commence; if there is a panel of contractors who check the houses for pyrite; if the occupants of the houses will have to leave the house whilst repairs are under way; the terms of the compensation package; if house owners have tenants, what happens in this case; and if he will make a statement on the matter. [48987/13]

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Written answers

The legislation needed to provide for the operation of a pyrite remediation scheme and the establishment of the Pyrite Resolution Board (PRB) on a statutory basis is currently in preparation and my Department is working closely with the Office of the Parliamentary Counsel to ensure that the Bill is published at the earliest possible date; I hope to bring the legislation to the Oireachtas in this term. The Board is working on developing appropriate systems and procedures, including an online application and processing system, to ensure that it will be in a position to accept applications as soon as the legislation is enacted.

The PRB will be responsible for overseeing the delivery of the remediation scheme and will be supported in this endeavour by the Housing and Sustainable Communities Agency. I understand that panels for contractors and other professionals will be established by the Housing Agency; in addition a register of competent persons, who have undertaken appropriate training, has been established by Engineers Ireland to undertake Building Condition Assessments.

Pyrite remediation is an intrusive process and it would not be feasible for homeowners to remain in a dwelling while it is being remediated. While the Board has published an outline of the proposed scheme the full details of the scheme must await the enactment of the legislation. However, it is intended that the vouched costs for alternative accommodation and for the temporary removal, storage and return of furniture and other household items, subject to maximum limits, may be recouped to approved applicants.

Property Taxation Exemptions

Questions (439)

Tom Fleming

Question:

439. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will exempt local authorities from having to pay the local property tax as housing budgets are already under severe pressure (details supplied); and if he will make a statement on the matter. [48990/13]

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Written answers

The Local Property Tax will provide a more sustainable funding model for local government, will devolve greater responsibility for financial decisions to the local level, and will help renew the relationship between the citizen and his or her local authority. The Government has been keen to ensure that equity is seen to be preserved in terms of the operation of the Tax and that therefore all sectors of society are required to make a fair and equitable Local Property Tax contribution. In that regard, the relationship between the value of a residential property and the amount of the Local Property Tax liability is important, as is liability for certain categories of social housing.

The Finance (Local Property Tax) Act 2012 sets out the position concerning residential properties and liability for the Local Property Tax. Under the Act local authorities and Approved Housing Bodies are, in general, liable for residential properties under their ownership. I am aware of the financial challenges facing local authorities. However, I am confident that the overall mix of central and local funding provided to the local government sector has been and will continue to be sufficient for the sector to deliver on its responsibilities.

Local Authority Housing

Questions (440)

Michael Healy-Rae

Question:

440. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will consider providing funding to local authorities that would allow for the conversion in council homes away from solid fuel fireplaces towards the installation of more heat efficient stoves (details supplied); and if he will make a statement on the matter. [49004/13]

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Written answers

Under section 58 of the Housing Act 1966, the management and maintenance of the local authority housing stock, including the compilation and implementation of ongoing maintenance programmes and the carrying out of responsive repairs and alterations to rented properties, is a matter for individual authorities. In addition to revenue funding, local authorities may also use available internal capital receipts to fund improvement works to houses, including the replacement of open fires with stand-alone stoves for space heating where appropriate.

Commercial Rates

Questions (441)

Brendan Ryan

Question:

441. Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government the amount of revenue raised from 50% rates in place on vacant buildings for Dublin City Council, Cork City Council and Limerick City Council in 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [49038/13]

View answer

Written answers

The information requested is not available in my Department.

Local Authority Staff Recruitment

Questions (442)

Seán Kenny

Question:

442. Deputy Seán Kenny asked the Minister for the Environment, Community and Local Government the number of requests received in the period 1 July 2013 to 11 November 2013 from Dublin City Council seeking sanction to fill positions at the local authority; the outcome of each of these requests; the nature of each of the positions; and if he will make a statement on the matter. [49080/13]

View answer

Written answers

My Department received sanction requests in respect of 16 staff from Dublin City Council in the period 1 July 2013 to 11 November 2013 . The information in relation to these sanction requests is set out in the table.

Local Authority

Date of Staffing Request

Title of Post(s)

Number of Post(s)

Type of Contract sought

Outcome

Dublin City

03/09/2013

Assistant Intelligent Transportation Systems (ITS) Officer

1

Contract

Approved

Dublin City

03/09/2013

Executive Intelligent Transportation Systems (ITS) Officer

2

Contract

Approved

Dublin City

01/10/2013

Executive Manager (Engineering)

1

Permanent

Approved

Dublin City

02/10/2013

Senior Engineer

2

Permanent

Approved

Dublin City

08/10/2013

Area Maintenance Officer

1

Permanent

Approved

Dublin City

14/10/2013

Third Officer - Fire Brigade

2

Permanent

Approved

Dublin City

03/09/2013

Senior Executive Intelligent Transportation Systems (ITS) Officer

1

Contract

Approved

Dublin City

26/07/2013

Assistant Intelligent Transportation Systems (ITS) Officer

1

Permanent

Pending

Dublin City

09/09/2013

Assistant Traffic Officer

1

Permanent

Pending

Dublin City

12/09/2013

Superintendent (Roads Maintenance)

1

Acting

Pending

Dublin City

17/09/2013

Inspector (Roads Maintenance)

1

Acting

Pending

Dublin City

30/10/2013

Superintendent (Building Works)

1

Permanent

Pending

Dublin City

02/08/2013

Senior Engineer

1

Acting

Withdrawn

Noise Pollution Legislation

Questions (443)

Patrick O'Donovan

Question:

443. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will provide an update on the current legislation on noise pollution; and if he will make a statement on the matter. [49106/13]

View answer

Written answers

The Programme for Government includes a commitment to take further steps to address noise pollution, inter alia, through the introduction of fixed payment notices (also known as on-the-spot fines).  The development of new noise legislation by my Department is being considered in the context of this commitment. It is expected that the Draft General Scheme of Bill will be submitted to Government for consideration in 2014; however, as indicated in the Government Legislation Programme published on 18 September 2013, it is not possible at this time to indicate when the Bill will be published, having regard to other priorities in the area concerned and the broader range of legislative priorities to be progressed across my Department’s remit.

Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department’s website www.environ.ie.

Housing Issues

Questions (444)

Tom Barry

Question:

444. Deputy Tom Barry asked the Minister for the Environment, Community and Local Government when Cork County Council will take over an estate (details supplied) in County Cork; and if he will confirm that it is a legal issue that is impeding this taking in charge. [49120/13]

View answer

Written answers

The taking in charge of an estate is a matter for the planning authority concerned and I have no function in the matter.

Property Taxation Exemptions

Questions (445)

Michael McGrath

Question:

445. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if an unfinished estate (details supplied) in County Tipperary is exempt from the local property tax; and if he will make a statement on the matter. [49133/13]

View answer

Written answers

Under Section 10 of the Finance (Local Property Tax) Act 2012 a waiver from liability can arise for properties located in developments prescribed on a list made by the Minister for the Environment, Community and Local Government where the Minister is satisfied that the developments on the list are incomplete to a substantial extent, having regard to the condition of public infrastructure and amenities, including access, water services, public lighting and amenity areas. The function of designating developments eligible for the waiver is reserved to the Minister. An exemption from the local property tax applies to developments listed in the schedule to the Finance (Local Property Tax) Regulations 2013. The list of unfinished housing developments eligible for the exemption was compiled by local authorities utilising the categorisation employed for the purposes of the National Housing Survey 2012. The survey was carried out over the course of summer 2012 by my Department in conjunction with local authorities and the Housing Agency.

The categorisation methodology for the survey was different to that which was used in 2011 and which provided the basis for the waiver from the household charge. The earlier categorisation related largely to the level of on-site activity at the time the 2011 survey was carried out and had less to do with the physical character of a development. The 2012 survey was based purely and objectively on the actual state of completion of a development. Only developments that were deemed by local authorities to be in a “seriously problematic condition”, regardless of whether a developer was on or off site, were included in the LPT regulations. Longfield Park, Boherlahan, Cashel, Co. Tipperary was not included in the list of developments deemed by South Tipperary County Council to be in a seriously problematic condition in its February 2013 return to the Department and, as such, is not eligible for an exemption from the Local Property Tax.

Household Charge Collection

Questions (446)

Terence Flanagan

Question:

446. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will address a matter (details supplied) regarding the household charge; and if he will make a statement on the matter. [49148/13]

View answer

Written answers

The Local Government (Household Charge) Act 2011 provides the legislative basis for the Household Charge. Under the Act, an owner of a residential property on the liability date was liable to pay the Household Charge in 2012, unless otherwise exempted or entitled to claim a waiver. The Charge has operated on a self-assessment basis; it has been a matter for an owner of a residential property to determine liability and pay the Charge. Local authorities, assisted by the Local Government Management Agency on a shared services/agency basis, have administered the Household Charge system. Household Charge operational matters are a matter for the relevant local authority or for the Agency. If it is the case that incorrect advice was provided to a liable owner by an employee of a local authority, then that owner should engage with the local authority to resolve the matter.

Water Charges Administration

Questions (447)

Marcella Corcoran Kennedy

Question:

447. Deputy Marcella Corcoran Kennedy asked the Minister for the Environment, Community and Local Government his plans to compensate persons who have installed water softeners in their home to improve the quality of water in view of the introduction of water charges in 2014; and if he will make a statement on the matter. [49150/13]

View answer

Written answers

Under the European Communities (Drinking Water) (No. 2) Regulations, 2007, a copy of which is available in the Oireachtas library, suppliers of drinking water are required to ensure that the water supplied is wholesome and clean. Water which is wholesome and clean is defined as water which is free from any micro-organisms and parasites and from any substances which in numbers or concentrations constitute a potential danger to human health, and which meets the quality standards specified in the Schedule to the Regulations. Hard water and the minerals associated with hard water, such as calcium and magnesium, are not included as parameters in the quality standards specified in the Regulations as they do not pose as a threat to human health. Even though hard water is safe to drink and meets the required drinking water standards, some households may choose to soften their supply but this is a matter of personal choice. There is no provision in my Department’s Vote for the provision of financial assistance in respect of the installation of water softeners.

Building Regulations Compliance

Questions (448)

Simon Harris

Question:

448. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the measures in place to ensure that building regulations are enforced and that persons purchasing their homes will be assured that rigorous building standards are in place and inspected; and if he will make a statement on the matter. [49155/13]

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Written answers

The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on:

- clear legal standards as set out in the Building regulations;

- detailed Technical Guidance Documents to outline how these standards can be achieved in practice;

- the burden and responsibility for compliance resting first and foremost with developers/builders;

- a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and

- the responsibility for enforcing compliance with the building regulations resting with the 37 local building control authorities.

Where a contract exists between the owner of a building (including a local authority in the case of certain publicly owned buildings) and the relevant builder/developer, the resolution of problems is a matter for the parties concerned, namely the building owner, the relevant developer and the builder’s insurers and where a resolution cannot be achieved through dialogue and negotiation, enforcement may become a civil matter.

In relation to enforcement, local authorities have extensive powers under the Building Control Acts of 1990 and 2007 which include the powers to scrutinise proposals and inspect works in progress (in this regard an inspection target is in place requiring that inspections take place on 12% to 15% of new buildings for which valid commencement notices are lodged); to serve enforcement notices for non-compliance; to institute proceedings for breaches of regulatory requirements; and to seek High Court injunctions if non-compliance poses considerable and serious danger to the public.

While a robust system of building control does exist, there are steps that can and must be taken to strengthen the system. Earlier this year, I signed into law the Building Control (Amendment) Regulations 2013. Under these regulations all new building projects commencing on and from 1 March 2014, when the new regulations take effect, will require design drawings and particulars to be lodged with the local building control authority, inspections during construction overseen by a registered construction professional known as the Assigned Certifier and certificates of compliance to be signed by the lead designer, the builder and the assigned certifier. The new regulations will require Building Control Authorities to develop a risk-based approach to inspection and compliance checking, having regard to their experience of industry activity within their functional area. The new regulations are designed to ensure that competence and professionalism become part and parcel of building projects generally and will usher in a new era of quality in our construction industry.

Water Meters Installation

Questions (449, 456)

Barry Cowen

Question:

449. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the total number of water meters installed to date; and if he will make a statement on the matter. [49157/13]

View answer

Barry Cowen

Question:

456. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of contractors and sub-contractors undertaking the roll out of water metering across the country; the number of companies identified as compliant with the roll out scheme criteria and placed on a secondary list of contractors; the number of unemployed persons taken off jobseeker's benefit and jobseeker's assistance; and if he will make a statement on the matter. [49164/13]

View answer

Written answers

I propose to take Questions Nos. 449 and 456 together.

The Water Services Act 2013 designated Irish Water as the metering authority. Numbers of water meters installed, employees and contracts are operational matters for Irish Water. I also refer to the reply to Question No. 115 of 14 November, 2013.

Water Charges Introduction

Questions (450, 460)

Barry Cowen

Question:

450. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if his Department has contacted the water services section in each local authority with regard to the collation of information on a water infrastructure national audit; the current status of the national audit of the water infrastructure; the timeframe for its completion and publication; and if he will make a statement on the matter. [49158/13]

View answer

Catherine Murphy

Question:

460. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if money for the first fix free policy on behalf of Irish Water in respect of water leaks was included in the recent budget allocation for Irish Water; if so, the amount; if this facility will be introduced in advance of water metering and charging; the way the scheme will operate; and if he will make a statement on the matter. [49296/13]

View answer

Written answers

I propose to take Questions Nos. 450 and 460 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. A pre-installation survey is currently being conducted by the local authorities to provide further information on the scope of the metering programme, such as the identification of those properties which already have boundary boxes and meters installed. Over 1.2m properties have now been surveyed. 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.

Local Authority Staff Numbers

Questions (451)

Barry Cowen

Question:

451. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the total number of local authority staff engaged in water services broken down on a county basis from 2010 to 2012, inclusive, and to date in 2013; and if he will make a statement on the matter. [49159/13]

View answer

Written answers

My Department gathers quarterly data on staff numbers in local authorities. The data gathered do not provide detail in respect of individual grades or job titles within each local authority, and accordingly, the information requested is not available in my Department. As part of the engagement process between local authorities and Irish Water current staffing numbers, working in each local authority in the water services area, are being examined.

Irish Water Staff

Questions (452, 454)

Barry Cowen

Question:

452. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the total number of staff currently employed by Irish Water; the estimated total staff when its reaches full capacity; and if he will make a statement on the matter. [49160/13]

View answer

Barry Cowen

Question:

454. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of local authority and Civil Service staff serving secondments in Irish Water and the transition board; and if he will make a statement on the matter. [49162/13]

View answer

Written answers

I propose to take Questions Nos. 452 and 454 together.

The Water Services Act 2013 which provided for the establishment of Irish Water as a subsidiary of Bórd Gáis Éireann to be formed and registered under the Companies Act. Irish Water is currently recruiting to build up the internal capabilities required within the organisation and the numbers of staff employed is an operational matter for the organisation. It was agreed by the Steering Group for the Water Sector Reform programme that, to ensure skills within the sector were fully availed of in building up the new organisation, competitions for positions in asset management, capital delivery and operations would be restricted to staff in the partner organisations i.e. Bord Gáis Éireann, local authorities and my Department in the first instance. Open competitions are held for all other positions and details of these are available on Irish Water’s website www.water.ie. Data supplied by Irish Water indicates that at present 183 staff have been recruited to the Irish Water organisation with 103 having taken up duty and 80 due to start.

Bórd Gáis has put in place appropriate programme management arrangements to establish Irish Water, to prepare for the transfer of assets, liabilities and functions from local authorities from 1 January 2014, provide for customer service and billing and implement the domestic water metering programme. As part of this programme, there are currently 80 people seconded from Local Authorities and 4 seconded from my Department, on the Irish Water Programme, 44 of whom are involved in the Metering Programme. The Water Services Transition Office is currently staffed by 15.5 people seconded from Local Authorities.

Proposed Legislation

Questions (453)

Barry Cowen

Question:

453. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the current status of the Water Services Bill 2013; and if he will make a statement on the matter. [49161/13]

View answer

Written answers

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. The Water Services (No. 2) Bill 2013 is currently in preparation, and will provide for the transfer of responsibility for the delivery of water services from the water services authorities to Irish Water.  The Bill will also provide for the establishment of an economic regulator for water services within the Commission for Energy Regulation. I expect to publish the Bill in the coming weeks.

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