Written Answers Nos. 475-495
475. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government when progress will be made in respect of the regional water supply scheme in Lanesboro, County Longford, in respect of which a preliminary report was submitted to the Department by Longford County Council in May 2013; and if he will make a statement on the matter. [49425/13]
View answerLanesborough Regional Water Supply Scheme is listed in my Department’s Water Services Investment Programme 2010 – 2013 (WSIP) as a scheme to progress through planning.
I recently approved the Preliminary Report for the Lanesborough Regional Water Supply Scheme along with the inclusion in the current WSIP of two contracts to start which will allow the scheme to be advanced. It is now a matter for Longford County Council to proceed with the preparation of Contract Documents for the scheme.
476. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government the level of loss of income that will arise for the local authorities in counties Westmeath and Longford as a result of the planned abolition of the non-principal private residence charge; the way this will be compensated for by the local property tax; and if he will make a statement on the matter. [49427/13]
View answerThe Local Government (Charges) Act 2009 broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The self-assessed charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties.
I understand that the Non Principal Private Residence Charge has raised in excess of €1.37 m in respect of 2012 liabilities to date in Westmeath and €0.67m in respect of 2012 liabilities to date in Longford. As such, were the Charge to continue to operate in 2014, I would anticipate combined revenue in both Counties in excess of €2 m. However, 2013 will be the final year of the operation of the Charge.
Under the Finance (Local Property Tax) Act 2012, commencing in 2014 , the Minister for Finance will pay into the Local Government Fund an amount equivalent to the Local Property Tax paid into the Central Fund during that year; this revenue will be allocated to local authorities from the Fund. The 2014 Local Government Fund General Purpose Grants will be announced in due course. I am confident that the overall mix of funding provided to the local government sector has been and will continue to be sufficient for the sector to deliver on its responsibilities.
477. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government when the extension to Longford fire station will be sanctioned, as the local authority is ready to proceed once sanction is received; and if he will make a statement on the matter. [49428/13]
View answerThe provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under the provisions of the Fire Services Act 1981 and 2003.
My Department supports fire authorities through the setting of general policy and guidance and the provision of capital funding, including the recoupment (within the overall funding available) of costs incurred by fire authorities in relation to approved construction projects and the purchase of fire appliances and equipment.
Approval in principle was conveyed to Longford County Council in 2007 for an extension to Longford fire station. However, in 2010 the Council indicated to my Department that a new fire station for Lanesboro was the number one priority for capital investment. My Department has recently issued approval to accept a tender for this project.
Further investment to support the redevelopment of Longford fire station will be considered under future capital programmes, within the constraints of reduced public finances, and will have regard to the priorities of Longford County Council, the value-for-money offered by proposals, the level of investment to date and the totality of demands from fire authorities countrywide for the limited funding available.
478. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government when section 62 of the Housing Act will be amended to enable more effective and focused action to be taken by local authorities to help combat anti-social behaviour; and if he will make a statement on the matter. [49430/13]
View answerWork is proceeding in my Department on the preparation of the General Scheme of a Housing (Miscellaneous Provisions) Bill which will provide, among other things, for a revised procedure to replace section 62 of the Housing Act, 1966 that will enable housing authorities to recover possession of their dwellings from households in serious breach of their tenancy agreements, including engaging in anti-social behaviour. The General Scheme will also include provisions to strengthen the existing powers of housing authorities to seek excluding orders against persons in local authority housing engaged in anti-social behaviour.
The General Scheme is expected to be submitted for Government approval before the end of the year with publication of Bill envisaged by end of quarter 1, 2014 and enactment as soon as possible thereafter.
479. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government when the housing assistance payment will be introduced and if deduction at source has been agreed with all stakeholders; his plans to defray the additional costs that will be incurred by local authorities who will have to implement same; and if he will make a statement on the matter. [49431/13]
View answerIn March 2012, the Government approved in principle the transfer of responsibility for recipients of rent supplement with an established housing need from the Department of Social Protection (DSP) to local authorities using a new Housing Assistance Payment (HAP). On 18 July 2013, the Government approved the introduction of HAP including the provision of funding to the local authorities to cover the costs of accommodating HAP claimants. It was also agreed that the DSP would provide for the implementation of the mandatory direct deduction of rental contributions from the welfare payments of HAP recipients and local authority tenants. My Department and the DSP continue to work closely on the legal, policy and operational issues involved in developing and introducing HAP.
My Department is also working closely with the County and City Managers Association in overseeing plans for the implementation of HAP, but more specifically at this stage in relation to the test phase, which is planned for 2014 (subject to the enactment of the relevant legislation). It has not yet been finally decided how local authorities will deliver HAP; however, potential costs and efficiencies in respect of identifying the optimal solution for delivery are currently being considered.
480. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if he will provide details of the money allocated for the upgrading and renovation of local authority houses in counties Westmeath and Longford; the amount of moneys under each appropriate head that will be allocated to each local authority in 2014; and if he will make a statement on the matter. [49433/13]
View answerUnder my Department’s Social Housing Investment Programme, funding is provided to local authorities for a range of measures to improve the quality and standard of the social housing stock, including the regeneration of disadvantaged estates and flat complexes, estate-wide remedial works, the energy retrofitting of older properties and the provision of extensions and adaptations to meet the specific needs of tenants. Details of the funding allocated under such measures to Westmeath and Longford County Councils for 2013 are set out in the following table:
|
Measure |
Westmeath County Council |
Longford County Council |
|
Energy Efficiency |
€ 718,447 |
€ 4 62,812 |
|
IWILS, DPG s & Extensions |
€ 236,232 |
€ 49,066 |
|
Remedial Work s Scheme |
Nil |
€ 1, 280,800 |
I intend to announce details of the capital allocations to local authorities in respect of the various measures under my Department’s Social Housing Investment Programme early in 2014.
481. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if he will reconsider the decision not to allow certain works be included in a contract (details supplied) in County Laois; and if he will make a statement on the matter. [49437/13]
View answerLaois Grouped Towns Sewerage Scheme – Network Contract is listed in my Department’s Water Services Investment Programme 2010 – 2013 as a scheme to start during the life of the programme. The contract, which has an estimated cost of €11.6m , consists of a number of works to service the towns of Abbeyleix, Clonaslee, Durrow, Mountrath, Rathdowney and Stradbally. Approval was granted in August 2011 to proceed with the works following an examination of contract documents by my Department. The Council tendered for this work, and last month I approved funding of €7.3m to allow construction to start.
The Council had sought to have additional works included in the contract . However, these works were not included in the tender process and are therefore outside the scope of the approved scheme and not eligible for funding.
482. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the level of investment which will be required in Irish Water in order to fully comply with the EU water framework directive; the way the present funding arrangements for local government can be expected to shoulder this expense without a significant deterioration in the funding of other essential services; if it is expected to rely more on the central fund to meet these expenses in advance of the coming onstream of revenue from water charges; if so, the way this is planned to happen and the time period of same; and if he will make a statement on the matter. [49452/13]
View answerThe overall strategy of investment in water services to date has been to ensure that the timing and scale of investment facilitates economic and other development, achieves compliance with statutory requirements and promotes environmental sustainability objectives, including meeting the requirements of relevant EU Directives. The main vehicle for achieving these objectives for public domestic water supplies is the multi-annual Water Services Investment Programme (WSIP). The current Programme runs to the end of 2013. From 1 January 2014 Irish Water will be responsible for the delivery of water services capital infrastructure and is currently preparing a Capital Investment Plan for 2014-15. This Plan will include taking account of the transition of projects that are included in the current WSIP.
The Exchequer proposes a direct equity investment of €240m towards the capital funding of Irish Water in 2014. This will support projects to be included in Irish Water's Capital Investment Plan and will ensure that the entity is in a position to take on the water services investment programmes of the 34 water services authorities, including some 80 projects currently in progress. Irish Water will also finance some of its costs and the liabilities transferred from local authorities through borrowings in 2014.
Work is under way on the funding model for Irish Water's operational costs, to ensure that it can fund the Service Level Agreements being put in place with local authorities for the delivery of water services in 2014. Irish Water is working with local authorities to finalise the 2014 budgets associated with the proposed Service Level Agreements. In parallel with this process, the Department has sought the advice of the Commission for Energy Regulation in relation to anticipated new operational costs associated with new functions for the entity which are likely to arise in 2014. The outcome of these processes will determine the overall funding requirement of Irish Water in 2014 from the Exchequer, Local Government Fund, borrowing and charges.
483. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if there is anything in legislation that prevents local authorities from including an e-mail address on all public notices that involve inviting public submissions including, for example, Part 8 planning proposals, notices under road traffic legislation, derelict sites notices and so forth; his views on whether it is good practice for local authorities to facilitate submissions by e-mail from members of the public in such instances; and if he will make a statement on the matter. [49456/13]
View answerSection 12 of the Electronic Commerce Act 2000 provides that where a person is permitted by law or otherwise to give information in writing (whether or not in a form prescribed by law), the person may give the information in electronic form provided that:
(a) if at the time the information was given it was reasonable to expect that it would be readily accessible to the person or public body to whom it was directed, for subsequent reference,
(b) where the information is required or permitted to be given to a public body or to a person acting on behalf of a public body and the public body consents to the giving of the information in electronic form, whether as an electronic communication or otherwise, but requires---
(i) the information to be given in accordance with particular information technology and procedural requirements, or
(ii) that a particular action be taken by way of verifying the receipt of the information,
then the public body's requirements at (i) and (ii) have been met.
Section 248 of the Planning and Development Act 2000 contains a similar provision.
484. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on the role out of one-stop-shops in local authorities and the savings that have been made over the past two years; and if he will make a statement on the matter. [49502/13]
View answerI assume the Question is referring to the former one-stop-shop initiative, launched in 1998. I have no information with regard to the operational costs of these offices as this is a matter for each local authority concerned.
Current policy is set out in the Government’s Action Programme for Effective Local Government ; this addresses a range of local government reform measures, and in relation to service delivery, provides for an increased emphasis on identifying customers’ expectations, requirements and experiences. The proposals are designed to promote both increased operational efficiency and value for money through more integrated administrative and implementation arrangements and also to enhance the capacity of local authorities to achieve their broader role of promoting the sustainable development of their areas, the welfare of local communities and the quality of life of individual citizens by virtue of the effectiveness with which they perform their entire range of regulatory, representational and service delivery functions.
Internal organisational arrangements, including utilisation of any existing one-stop-shops , are a matter for individual local authorities to decide.
485. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on the roll-out of shared services in local authorities and the savings that have been made over the past two years; and if he will make a statement on the matter. [49505/13]
View answerLocal authorities have identified total savings of €839m since 2008. In the period since the preparation of the Local Government Efficiency Report, from 2010 to end 2012, the savings achieved are reported at €561m.
Shared services have been identified in the Local Government Efficiency Review and the Public Service Reform Plan as an important opportunity to make further savings in administrative costs, while streamlining and improving service delivery without impacting on front line services.
To drive the reform agenda, and in particular shared service initiatives, in the local government sector, a dedicated Programme Management Office (PMO) has been established which reports to a high-level Oversight Group.
Overall, 32 operational areas are being examined for potential as a shared service or other collaborative approach that may provide efficiencies. The PMO has adopted a comprehensive methodology for the development and evaluation of projects including, gathering and analysing baseline data, business case preparation and peer review of business cases.
Treasury Management, Payroll/Superannuation and Procurement have been prioritised in the shared services programme in the short to medium term. It is estimated that annual savings of the order of €5.6 million could be achieved (excluding procurement) from these projects; the figures for savings in individual areas are subject to on-going validation as individual projects progress.
It is necessary to invest in these projects in the initial phase and returns accrue over time. The business cases are based on evaluation over the medium term with returns generally beginning to accrue after the shared service is operational for a number of years.
Following competitive bidding processes this year, Laois County Council was selected to provide Shared Payroll and Superannuation services on behalf of all local authorities while Cork County Council are the lead local authority for Treasury Management.
In relation to procurement, the project is being led and co-ordinated by Kerry County Council as the lead authority in the Local Authority National Procurement Office. Since 2010, local authorities have reported procurement efficiency savings of €109 million, exceeding the sector’s 2010 target of €70m by 55%. The local authority sector is working with the Chief Procurement Officer in the Department of Public Expenditure and Reform and, in this regard, further savings of €58.5 million have been targeted for the sector by 2016.
Further savings can be anticipated in the medium term as other shared services projects progress towards implementation.
486. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he has had any contact with the Department of Justice and Equality regarding interpretive difficulties arising from the language used in section 1 of the Multi-Unit Developments Act 2011; in particular the wording used to define the terms "multi-unit development" and "residential unit" which has resulted in difficulties where such estates require taking in charge; and if he will make a statement on the matter. [49590/13]
View answer488. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government which local authorities, if any, will not consider the taking in charge of a housing estate where a management company exists and further requires the management company to be removed or dissolved before it considers taking the estate in charge; and if he will make a statement on the matter. [49595/13]
View answer489. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if Departmental Circular PD 1/06 which provides that the existence of a management company to maintain elements of common buildings, carry out landscaping and so on must not impact upon the decision by the planning authority to take in charge roads and related infrastructure where a request to do so is made, has been amended in any substantial way since the circular was issued in 2006; if the definition of a house in the Planning and Development Act 2000 continues to apply to both houses and apartments; and if he will make a statement on the matter. [49607/13]
View answerI propose to take Questions Nos. 486, 488 and 489 together.
Departmental Circular PD 1/08 of February 2008 updated the earlier policy guidance issued by my Department and replaced Circulars PD 1/06 and 5/06. Circular PD 1/08 required all planning authorities to develop or update, as appropriate, their policy on taking in charge by the end of June 2008 on the basis of the framework, and wider housing and planning policy guidance, as set out at the annex to the circular. One of the core principles underpinning the framework for taking in charge - which must be reflected in each planning authority policy on this matter - was that where there are core facilities in existing residential developments which were approved by the planning authority on the basis that they would remain private and be maintained by a management company, these must be taken in charge if the majority of residents request it, subject to the requirements of section 180.
This policy guidance was incorporated into the Sustainable Residential Development in Urban Areas Guidelines for Planning Authorities which were issued by my Department in May 2009 under section 28 of the Planning and Development Act 2000.
I am not aware of planning authorities failing to comply with requests to take estates in charge nor am I aware of difficulties of interpretation in this regard.
Section 3 of the Planning and Development Act 2000 defines a house as “a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building.” This definition has not been amended since its enactment.
487. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if local authorities have statutory immunity in situations where development bonds have been allowed to lapse; if he will specify in what circumstances that immunity applies; in the absence of immunity what sanctions do local authorities have to ensure such development bonds do not lapse; and if he will make a statement on the matter. [49592/13]
View answerPlanning authorities may attach a condition to a planning permission under section 34(4)(g) of the Planning and Development Act 2000, as amended, for the giving of an adequate security for satisfactory completion of the proposed development.
My Department advised planning authorities of recommended arrangements in relation to the framing of such conditions under Circular PD 1/08. In particular, this circular advised planning authorities against accepting time limited planning securities.
It is a matter for planning authorities to enforce the terms of any such conditions attached to planning permissions, including the obligations on developers to maintain an adequate security over the relevant period of the development until such time as it is satisfactorily completed.
490. Deputy Terence Flanagan asked the Minister for Justice and Equality if there are plans to increase the household monthly expenditure allowance for persons who enter an insolvency arrangement with the Insolvency Service of Ireland (details supplied); and if he will make a statement on the matter. [48960/13]
View answerOne of the functions of the Insolvency Service of Ireland (ISI) under the Personal Insolvency Act 2012 is to prepare and issue guidelines as to what constitutes a reasonable standard of living and reasonable living expenses.
Initial guidelines were published as part of the ISI information campaign in April 2013 and an update guide issued in June 2013 which reflected adjustments for inflation (up until March 2013). The guidelines produced by the ISI are a modified version of the consensual budget standards model originally developed in Ireland by the Vincentian Partnership for Social Justice which has conducted research in Ireland for over 12 years on developing necessary expenditure figures for different types of households. The guidelines received a general welcome from debtor advocacy groups for offering insolvent debtors protection in negotiations with creditors.
It should be borne in mind that the guidelines set a base level for a reasonable standard of living and reasonable living expenses. Where either a Debt Settlement Arrangement or a Personal Insolvency Arrangement is proposed, the decision on the reasonableness or otherwise of living expenses will be a matter for the creditors to determine on a case-by-case basis with the Personal Insolvency Practitioner acting to facilitate debtors and creditors in working out an arrangement which is acceptable to both.
The ISI is required under the provisions of the Personal Insolvency Act 2012 to update the guidelines at least once a year so the next iteration of the guidelines would be due to be issued in June 2014. I am advised by the ISI that there are no immediate plans to update the guideline figures, which are available on the website of the ISI, www.isi.gov.ie.
491. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will confirm the budget for the Insolvency Service of Ireland for the next three years; the number of staff that will be employed in the Insolvency Service of Ireland for the next three years and costs; and if he will make a statement on the matter. [48961/13]
View answerThe specific budget for the Insolvency Service of Ireland (ISI) for 2014 will be published as part of the upcoming Revised Estimate Volume.
It is not possible to provide budgetary estimates for 2015 or 2016. Budgetary allocations for future years will take in to account the annual business requirements of the Service at that time.
The ISI currently has 88 staff members. The total approved staff allocation for the ISI is 91. Recruitment is ongoing to complete the sanctioned staff allocation.
492. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide estimates for 2014 and 2015 of the number of persons that will have entered into personal insolvency arrangements with the Insolvency Service of Ireland; and if he will make a statement on the matter. [48963/13]
View answer493. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of cases that have been handled by the Insolvency Service of Ireland since September 2013; and if he will make a statement on the matter. [48965/13]
View answerI propose to take Questions Nos. 492 and 493 together.
The Insolvency Service of Ireland (ISI) is currently processing a number of applications and has stated that, in the interest of confidentiality it will not be providing details or breakdowns of number of applications for the various debt relief solutions received or being processed at this time. The ISI fully intends to provide quarterly statistics once a statistically meaningful number of applications have been processed.
Currently it is not possible to provide the Deputy with estimates of the number of persons that will have entered into personal insolvency arrangements for the years 2014 and 2015. During the course of the Personal Insolvency Bill's passage through the Oireachtas, I originally indicated provisional estimates of applications in one full year of operation of the three new debt relief solutions to be 15,000 for Debt Settlement Arrangements and Personal Insolvency Arrangements and 3,000 to 4,000 Debt Relief Notices.
I understand that there is a good level of activity and cases are at different stages of progress through the ISI's system. The first Protective Certificate was granted by Monaghan Circuit Court on 21 October 2013 and two more were issued by Dublin Circuit Court on 14 November 2013.
It is expected that the number of applications will increase over time but as these are real time applications, it is not possible, nor would it be helpful, to speculate on projected numbers of applications or arrangements for 2014 or 2015. The ISI intends to commence issuing regular statistical reports in 2014 which will include the number of applications that have been made for debt relief arrangements.
In the interim, the ISI has added a statistics page to its website (www.isi.gov.ie) which provides details of key information such as the number of approved practitioners, information requests to the ISI and associated pertinent information. The statistics page is updated on a monthly basis.
494. Deputy Terence Flanagan asked the Minister for Justice and Equality about the delays in appointing personal insolvency practitioners (details supplied); and if he will make a statement on the matter. [48982/13]
View answerThe Insolvency Service of Ireland (ISI) is the statutory body with responsibility for the authorisation of individuals to carry on practice as a personal insolvency practitioner (PIP). The process for authorising practitioners is rigorous and is based on a series of important considerations such as educational and professional qualifications, relevant knowledge and experience, and the completion of a course of study - by passing an exam - on the laws and practice generally, as they apply in the State, in relation to the insolvency of individuals and knowledge of the Personal Insolvency Act 2012. Applicants also have to demonstrate to the satisfaction of the ISI that they are fit and proper persons, that they are financially sound, and that they have the organisational capability and the resources to carry on the practice of being a practitioner. They also have to hold professional indemnity insurance as well as being tax compliant.
I am advised by the ISI that there are currently 76 PIPs authorised and that a number of applications for authorisation are under review. A number of individuals have been notified that the ISI is proposing to authorise them and they have been requested to submit the prescribed application fee. In other cases there are applicants who are not meeting the qualifying criteria or necessary requirements for authorisation.
495. Deputy Terence Flanagan asked the Minister for Justice and Equality the salaries of each member of staff at the Insolvency Service of Ireland (details supplied); and if he will make a statement on the matter. [48983/13]
View answerThe salary details sought by the Deputy in respect of the Insolvency Service of Ireland (ISI) are set out in the table.
|
Salary Band |
No of staff |
|
Less than € 10, 000 |
0 |
|
€10, 001 - € 20,000 |
0 |
|
€ 20,001 - € 30,000 |
13 |
|
€ 30,001 - € 40,000 |
20 |
|
€ 40,001 - € 50,000 |
21 |
|
€ 50,001 - € 60,000 |
17 |
|
€ 60,001 - € 70,000 |
8 |
|
€ 70,001 - € 80,000 |
3 |
|
€ 80,001 - € 90,000 |
2 |
|
€ 90,001 - €100,000 |
2 |
|
€ 100,001 - €110,000 |
1 |
|
€ 110,001 - €120,000 |
0 |
|
€ 120,001 - €130,000 |
1 |
Staff of the Office of the Official Assignee in Bankruptcy, who continue to be staff of the Courts Service pending the statutory transfer of functions of the Official Assignee to the ISI, are included in the table.
