Tuesday, 17 Dec 2013

Written Answers Nos. 399-416

Decentralisation Programme Expenditure

Questions (399)

Kevin Humphreys

Question:

399. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will outline what offices relevant to his Department are located or have been decentralised outside of Dublin; if he will provide the total number of staff in his Department and the number of staff based outside County Dublin as of 2013; the annual cost incurred in 2012 and 2013, respectively, for decentralised staff travelling to meetings in Dublin; the number of times staff travelled to individual meetings in Dublin in each of the relevant years; the costs for which those staff will be reimbursed; if his Department has procedures or mechanisms in place such as video conferencing to reduce the cost of travelling for each unit based outside Dublin; and if he will make a statement on the matter. [53993/13]

Written answers

Minister for the Environment, Community and Local Government

The headquarters of my Department is located in the Custom House, Dublin and decentralised offices are located in Wexford, Ballina and Tubbercurry. My Department also has a number of staff based in other regional locations due to the nature of their work, for example, those who work in the various inspectorates and in the local government audit service. Met Éireann’s headquarters is located in Dublin but this Division of the Department also has offices in various weather stations across the country, including Dublin, Cork, Knock and Shannon airports, Belmullet, Casement Aerodrome, Clones, Malin Head and Valentia Observatory.

The information sought in respect of staff numbers, expressed as full time equivalents, is tabulated as follows.

Staff by Location

Location	Full Time Equivalent
Dublin	285.45
Wexford	132.13
Ballina	98.08
Tubbercurry	19.60
Other Regional Locations	48.40
Met Éireann	167.45
Total	751.11

The information sought i n relation to the annual costs and the number of times staff travelled between my Department’s offices on official business in 2012 and 2013 is not readily available . Compilation of the information requested in respect of individual travel claims would involve a disproportionate amount of time.

In the context of official travel, it is Departmental policy that public transport should be used wherever possible and that the number of staff absent on official business should be kept to an absolute minimum. Staff are only permitted to hire taxies or use their cars for official purposes where no suitable public transport (bus/train) is available, where public transport is available only at equal or greater expense or where the use of public transport would result in the loss of official time which it is necessary to avoid. Staff travelling between Departmental offices, where public transport options are available, may claim the costs of travel on the basis of public transport rates only.

My Department minimises the amount of travel in respect of internal and external meetings in different locations through the extensive use of the video conferencing facilities available in meeting rooms in its Custom House, Ballina, Tubbercurry and Wexford offices and through the use of internal desk to desk video conferencing which facilitates document sharing and collaboration.

Non-Principal Private Residence Charge Data

Questions (400, 401, 402, 403, 404)

Gerald Nash

Question:

400. Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if he will provide in tabular form, the number of persons who have registered and paid the non-principal private residence charge in each of the years 2010, 2011, 2012 and to date in 2013, with the total number of properties involved. [54003/13]

Gerald Nash

Question:

401. Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if he will provide in tabular form, the number of persons who registered late and paid the non-principal private residence charge in 2011, 2012 and to date in 2013, with the total number of properties involved. [54004/13]

Gerald Nash

Question:

402. Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if he will provide in tabular form, the total amount received in respect of non-principal private residence for 2010, 2011, 2012 and to date in 2013, analysed by the year to which it referred and the amount of interest and penalties collected. [54005/13]

Gerald Nash

Question:

403. Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if he will provide an estimate by his Department of the level of non-compliance with the non-principal private residence for each of the years 2010, 2011, 2012 and to date in 2013 and the likely level of the charge outstanding. [54006/13]

Gerald Nash

Question:

404. Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if he will provide a statistical analysis for 2010, 2011, 2012 and to date in 2013 of the number of persons who have paid the non-principal private residence, by the number of housing units owned. [54007/13]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 400 to 404, inclusive, together.

The 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 per annum and liability for it falls, in the main, on owners of rental, holiday and vacant properties. It is a matter for an owner to determine if he or she has a liability and, if so, to declare that liability and pay the Charge. Under the Act, it is a function of a local authority to collect Non-Principal Private Residence Charges, and late payment fees due to it and all Charges and late payment fees imposed and payable to a local authority are under the care and management of the local authority concerned.

This year will be the final year of the operation of the Non-Principal Private Residence Charge. Since its introduction in 2009, the Charge has been an important source of revenue for local authorities and has funded the provision of vital local services. The following table, based on the most up to date data provided by the Local Government Management Agency, which manages the Charge database, provides details of the number of properties registered and the revenue collected in respect of each liability date.

Year of Liability	Properties Registered	Charge Collected
2009	339,434	€83.9m
2010	342,455	€82.8m
2011	346,415	€79.1m
2012	358,834	€77.3m
2013	348,321	€71.3m

It has not been possible, in the time available, to collate more detailed data of the kind requested in the questions. My Department will liaise with the Agency and the more detailed information, to the extent available, will be forwarded to the Deputy as soon as possible.

Local Authority Issues

Questions (405)

Patrick O'Donovan

Question:

405. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will provide details, in tabular form by local authority area and year, of the number of meetings which have been held between local authority management and Oireachtas members in accordance with provisions which were made in legislation following the abolition of the dual mandate where Oireachtas members could no longer be members of local authorities; and if he will make a statement on the matter. [54060/13]

Written answers

Minister for the Environment, Community and Local Government

The Local Government Act 2001 (Section 237A) Regulations 2003, provide, inter alia, for the supply of specified documentation to Oireachtas members by the local authority such as the local authority budget, draft development plan, etc. It is a matter for each local authority to deal with requests for access to information by a parliamentary representative as expeditiously as possible and in accordance with a proper level of customer service. In this regard, local authorities are required to put in place arrangements to ensure that systems, procedures and time frames equivalent to those used by them in relation to correspondence from local authority members also apply in respect of parliamentary representatives. Managers are required to meet at least annually with local Oireachtas members and thus provide an opportunity for an update on developments and for any difficulties encountered to be raised and addressed. My Department gathered information from local authorities on a periodic basis, on the practical application of the arrangements established by the above Regulations. Based on the information received up to 2010, I understand that most local authorities were compliant with these arrangements. However, my Department no longer collates the information requested by the Deputy.

Departmental Funding

Questions (406)

Luke 'Ming' Flanagan

Question:

406. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment, Community and Local Government if he will provide details on the finances that were made available to implement Local Agenda 21; where those finances came from; the results achieved with this finance; the legislation enacted to implement Local Agenda 21; and if he will make a statement on the matter. [54095/13]

Written answers

Minister for the Environment, Community and Local Government

The Local Agenda 21 Environmental Partnership Fund, which has been in operation in Ireland since 1997, promotes sustainable development at a local level by assisting small-scale, non-profit environmental projects.  It helps to facilitate, at a local level, the achievement of the objectives of the Agenda 21 action plan on sustainable development. Projects are recommended for funding by local authorities following an open call for applications. Funds provided by my Department are matched by equivalent funding provided by the local authorities.  This combined funding is, in many cases, supplemented by other funding sources, such as private sector funding, in order to maximise the potential of the partnership arrangements.

The Local Agenda 21 Environmental Partnership Fund has been funded through the Environment Fund since 2003.  Prior to that, it was funded through the Department’s Vote allocation.  Income to the Environment Fund comes from levies on landfill and plastic shopping bags. Details of activities funded through the Fund are set out in the Environment Fund annual accounts which are available on my Department’s website, (www.environ.ie).

The Local Agenda 21 Environmental Partnership Fund supports a wide variety of local, environmentally beneficial projects. In 2013, for example, 43% of funding went to Training, Education and Awareness Raising, 23% went to school/community gardens and allotments, 22% went to Development of Community Areas including Wildlife and Biodiversity, 6% went to composting and rainwater harvesting, 2% went to Repair, Reuse and Recycling, 2% to audit, survey and action planning and 2% to other environment related projects.  A list of the successful funding applications for 2012 is available on my Department’s website at the following link:

http://www.environ.ie/en/Environment/LocalAgenda21/EnvironmentalPartnershipFund/.

The following table sets out the total annual funding under the Local Agenda 21 Environmental Partnership Fund, for each of the past 10 years, together with the total number of projects funded.

Local Agenda Environmental Partnership Fund

Projects Funded since 2004

Year	No. of Projects Funded	Total funding from Dept. €
2013	669	400,000
2012	490	337,000
2011	517	383,750
2010	448	306,336
2009	408	311,404
2008	387	332,022
2007	350	300,000
2006	269	250,000
2005	246	250,450
2004	208	300,000

While there is no specific legislation for the purpose of implementing Local Agenda 21, the principle of sustainability is incorporated into legislation and policies across a broad range of areas. Our Sustainable Future, Ireland’s Framework for Sustainable Development, which was published in June 2012, sets out a whole-of-Government approach to sustainable development and aims to embed this principle in policy-making processes across Departments and Agencies.

Local Authorities Management

Questions (407, 410)

Clare Daly

Question:

407. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that members of Sligo Borough Council served a notice on the temporary county manager (detail supplied) under section 140 of the Local Government Act 2001, directing her to have a special meeting of the borough council convened on 16 December 2013; if his attention has been drawn to the fact that the temporary county manager ignored the section 140 notice; the reason the assistant secretary of his Department appointed this person as temporary county manager, taking into consideration her view that she can ignore and refuse to comply with section 140 of the Local Government Act 2001; if his Department will, as a matter of urgency, now appoint a temporary county manager who will carry out his or her duties in compliance with the Local Government Act 2001; and if he will make a statement on the matter. [54163/13]

Joan Collins

Question:

410. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that elected members of Sligo Borough Council were advised by senior politicians to consider utilising their power under section 140 of the Local Government Act 2001 to ensure that local government business could be transacted in Sligo; if it has been brought to his attention that the temporary county manager, appointed by the assistant secretary of his Department, has refused to act on a valid section 140 notice served on her by members of the council; if the assistant secretary of his Department intends to appoint council officials who refuse to comply with the Local Government Act to important positions in the future; and if he will make a statement on the matter. [54192/13]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 407 and 410 together.

Section 140 of the Local Government Act 2001 is not the mechanism to requisition a meeting of a local authority. This is provided for in paragraph 6 of Schedule 10 of the Act, which sets out the procedure for the Cathaoirleach to requisition a special meeting and for members of the authority to request the Cathaoirleach to requisition a meeting. I refer to the reply to Questions Nos. 681 and 706 of 5 November 2013, which sets out the position in regard to meetings of Sligo Borough Council and the appointment of a temporary County Manager of Sligo.

Local Authority Expenditure

Questions (408)

Clare Daly

Question:

408. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the most recent local government auditor's report indicates that the overall debt of Sligo County Council has increased from €85 million to €94 million; if his attention has been drawn to the fact that the auditor has again expressed concern in respect of the financial performance and standing of the council and its increasing level of debt; if it has been brought to his attention that the elected members of Sligo County Council, at a meeting on 2 December 2013, unanimously adopted the following motion: "Having considered the contents of the Local Government Auditors Report for the year ending 31 December, 2012 and recognising the financial crisis the council finds itself in, the elected members of Sligo County Council hereby resolve (a) to request the Minister for the Environment to meet as a matter of urgency with an all party delegation of councillors to discuss the critical financial position of the Council; (b) to request the Minister and his Department to provide necessary advice and assistance to the Council"; if he intends to meet with the all party delegation in the near future; and if he will make a statement on the matter. [54164/13]

Written answers

Minister for the Environment, Community and Local Government

It is a matter for each local authority, including Sligo County Council, to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which include adopting the annual budget and authorising borrowing, and are democratically accountable for all expenditure by the local authority.

To enhance the financial management and audit control systems in local authorities, an audit committee, with both councillor and expert external membership, is now in place in each county and city council. The functions of an audit committee are to review financial and budgetary reporting practices and procedures within a local authority, foster the development of best practice in the internal audit function, review auditors’ reports and special reports and assess follow-up action by management, assess and promote efficiency and value for money, review risk management systems and make such recommendations to the authority as the committee considers appropriate in respect of such matters. While it is a matter for individual local authorities, including Sligo County Council, to manage their own day-to-day finances in a prudent and sustainable manner, my Department is in regular and ongoing consultation with the Council in relation to its financial position.

Local Authority Expenditure

Questions (409)

Joan Collins

Question:

409. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the annual budgets drafted by senior council officials and presented to councillors for adoption have led to Sligo County Council having the highest overall deficit balance of all county and city councils as outlined in its respective annual financial statements; if it has been further brought to his attention that Sligo County Council had a deficit of €2,815,649 in its revenue account for the year ending 31 December 2008, a deficit of €3,232,961 for the year ending 31 December 2009, a deficit of €2,463,505 for the year ending 31 December 2010, a deficit of €2,973,000 for the year ending 31 December 2011 and a deficit of €2,455,000 for the year ending 31 December 2012; and that according to the most recent auditor's report, released in November 2013, the council's total revenue-capital debt has now increased to €94 million; if he will consider introducing legislation to allow the new Sligo county manager to remove or transfer senior council officials she considers incompetent and-or inept; and if he will make a statement on the matter. [54191/13]

Written answers

Minister for the Environment, Community and Local Government

I refer to the reply to Question Nos. 118 and 119 of 14 November 2013 which sets out the position in relation to the annual budgetary process in respect of Sligo County Council. In relation to the assignment of staff, under Section 159 of the Local Government Act 2001, it is a matter for the manager to make such staffing and organisational arrangements as may be necessary for the purposes of carrying out the functions of the local authorities for which he or she is responsible. In this regard, it is a matter for the manager to assign duties to Council employees.

Question No. 410 answered with Question No. 407.

Leader Programmes Funding

Questions (411)

Martin Heydon

Question:

411. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the position regarding additional Leader funding in respect of a youth organisation (details supplied) in County Kildare; and if he will make a statement on the matter. [54214/13]

Written answers

Minister for the Environment, Community and Local Government

My Department recently completed a full review of expenditure under the LEADER elements of the Rural Development Programme 2007-2013 in order to apportion the remaining funding among all the Local Development Companies contracted to deliver the Programme. As part of this exercise Cill Dara Ar Aghaidh was notified of its revised allocation of RDP funding for the remainder of the programming period. I understand that Cill Dara Ar Aghaidh made a decision to offer funds in respect of phase one of the project in question. A letter of offer issued to the project promoter from Cill Dara Ar Aghaidh Teoranta on 28 August 2013, and a letter of acceptance from the promoter was confirmed on 29 August. Prioritisation of project funding is a matter for the Board of the LDCs, as is any decision to alter the amount of aid awarded.

Unfinished Housing Developments

Questions (412)

Gerry Adams

Question:

412. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will confirm the identity of the person who owns the Ard Dealgan complex in Dundalk; if his attention has been drawn to the serious problems the vacant complex is posing to neighbouring houses as a result of anti-social behaviour taking place within the building; if he is aware that Dundalk Town Council spent €40,000 securing the building and is now seeking reimbursement; if there are any plans to demolish the building; the way he intends to address this problem; and if he will make a statement on the matter. [54227/13]

Written answers

Minister for the Environment, Community and Local Government

The development in question has been identified as an unfinished housing development. I understand that my Department has not received any request for funding along the lines suggested. The administration and addressing of issues relating to unfinished housing developments are matters for the individual local authority involved, in this case Louth County Council. Matters of a planning nature should be addressed to the planning department of that local authority while the unfinished estate coordinator is the appropriate contact in relation to matters such as ownership.

Local Authority Issues

Questions (413, 414)

Richard Boyd Barrett

Question:

413. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will provide details of Limerick County Council's involvement in stone quarrying and mining operations at Gooseberry Hill, Ballyorgan, County Limerick; and if he will make a statement on the matter. [54238/13]

Richard Boyd Barrett

Question:

414. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government the role the Environmental Protection Agency has in monitoring stone quarrying and mining operations, specifically at Gooseberry Hill, Ballyorgan, County Limerick; and if he will make a statement on the matter. [54239/13]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 413 and 414 together.

I have no function in the regulation of operations of this nature, which, for planning purposes are a matter for the local authority concerned, or for An Bord Pleanala on appeal, and for purposes of integrated pollution prevention and control licensing, where appropriate, are a matter for the EPA. Under the Environmental Protection Agency Act 1992, as amended, I am precluded from exercising any power or control in relation to the performance by the EPA of its licensing and monitoring functions in specific cases. A small number of Irish extractive sites, subject to the EU Mining Waste Directive, are regulated by the Integrated Pollution Prevention and Control (IPPC) licensing code, administered by the EPA as competent authority for the management of waste from extractive industries at Category A facilities under the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009. The monitoring and enforcement of conditions attaching to IPPC licences are a matter for the EPA. All documents relating to IPPC licences are available to view on t he EPA’s website at www.epa.ie.

Waste Management

Questions (415)

Michael McNamara

Question:

415. Deputy Michael McNamara asked the Minister for the Environment, Community and Local Government the materials that had to be removed by the Army from Enva Limited, based in Shannon, on 1 December last; if the Environmental Protection Agency licence provided allowed for the storage of said materials; the risks posed to the public by their storage; and if he will make a statement on the matter. [54247/13]

Written answers

Minister for the Environment, Community and Local Government

The monitoring and enforcement of conditions attaching to waste licences is a matter for the EPA. Under the Environmental Protection Agency Act 1992, as amended, I am precluded from exercising any power or control in relation to the performance by the EPA of its licensing functions in specific cases. However, in this specific case I understand that the Agency was aware of and provided prior approval for the collection and disposal by the Army on 1 December 2013 of a small quantity of waste materials from the Enva Ireland Ltd facility, Smithstown Industrial Estate, Shannon, Co Clare. The materials were disposed of in this way as they were deemed by the licensee to be unsuitable, due to their nature, for international transport and disposal through normal waste disposal routes. The Agency agreed that this was the best environmental option to secure orderly disposal of the materials. The materials in question had been held in safe and secure storage conditions in accordance with the licence and consequently posed no risk to the public.

Local Authority Staff

Questions (416)

Seán Kyne

Question:

416. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if he will confirm that women employed by local authorities prior to 1981 were not obliged the make contributions to the widows and orphans scheme; if a person (details supplied) in County Galway is obliged to pay arrears to the widows and orphans scheme; the time period for which these arrears apply; and the exact rule that applies when consideration is given to the particular extenuating circumstances of this case. [54299/13]

Written answers

Minister for the Environment, Community and Local Government

In accordance with Article 183 of the Local Government ( Superannuation ) (Consolidation) Scheme 1998 to 2012 (LGSS) , membership of the Spouses & Children’s Pension Scheme is mandatory for all persons who became pensionable on or after 1 January 1986. I understand that the person referred to in the question has availed of the option to have previous service re-instated for superannuation purposes and under Article 192 of the LGSS non periodic contributions are due in respect of this service. It is open to the individual to contact her employer who can provide further information regarding the contributions that apply in this situation.