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Tuesday, 28 Jan 2014

Written Answers Nos. 543-561

Building Regulations Amendments

Questions (544, 554)

Thomas P. Broughan

Question:

544. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the submissions from a group (details supplied) regarding the certification requirements contained in the Building Control (Amendment) Regulations 2014; and if the regulations will be amended to reflect the concerns outlined by the group in question. [3932/14]

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Olivia Mitchell

Question:

554. Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government if he will reconsider the proposed amendment S.I No. 9 of the Building Control (Amendment) Regulations 2013 which if introduced could discourage the tradition of self-builders here; and if he will make a statement on the matter. [4147/14]

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Written answers

I propose to take Questions Nos. 544 and 554 together.

The new Building Control Amendment Regulations which come into operation on 1 March 2014 will greatly strengthen the arrangements currently in place for the control of building activity by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.

The new regulations are necessary following the widespread instances of failure by owners, designers and builders to comply with their statutory obligations under the Building Control Act 1990 to design and construct buildings in accordance with the building regulations. These obligations apply to all sectors of the housing market, including the self-build sector.

Neither the Building Control Act or any regulations thereunder, including the new Building Control Regulations, place any restrictions on whom an owner may assign as a builder once the owner is satisfied that the builder is competent to undertake the works involved. An owner who intends to self-build will assume responsibility for ensuring that building or works concerned will comply with the requirements of the second schedule to the building regulations. They must undertake to do everything necessary to achieve this and to ensure they are in a position to certify the building or works on completion thereby taking legal responsibility as builder. The new regulations also require an owner to assign a competent, registered professional to certify the design prior to commencement and to inspect the works during construction so that the assigned certifier is in a position, in conjunction with the owner-builder, to sign a certificate of compliance on completion. A building project cannot proceed until such assignments (which may be one and the same person) have been made. Confidence in the builder will be a key factor influencing a professional’s decision on accepting a role as assigned certifier, in particular, and owners who intend to self-build will need to be aware of this.

My Department will be happy to liaise with the Irish Association of Self-Builders in relation to their concerns and to assist them in understanding their obligations in the context of the new regulations.

Water and Sewerage Schemes Status

Questions (545, 552, 555)

Jim Daly

Question:

545. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government if he will confirm the plans of Irish Water including the projected timelines for commencement and completion for the construction of a new main drainage scheme in Bandon, County Cork. [3948/14]

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Michael McCarthy

Question:

552. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he will provide an update on the progress of a scheme (details supplied); if he will further provide assurances that this scheme will proceed as planned; if the funding that was approved for this project is still in place; and if he will make a statement on the matter. [4134/14]

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Noel Harrington

Question:

555. Deputy Noel Harrington asked the Minister for the Environment, Community and Local Government if he has addressed the concerns of Bandon Town Council in its letter to him dated 28 November 2013 (details supplied); if these works will proceed as planned during 2014; if funding is still in place to complete the project; and if he will make a statement on the matter. [4150/14]

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Written answers

I propose to take Questions Nos. 545, 552 and 555 together.

Contracts for both a wastewater treatment plant upgrade, and network for the Bandon Sewerage Scheme, Phase 2, were included in my Department’s Water Services Investment Programme 2010 – 2013 among the contracts to start during that period.

In February 2012 I approved funding of €3.9m for the network contract on the scheme; Cork County Council awarded the contract in March 2012 and the Contractor commenced work at that time. However, contractual issues subsequently emerged and the Contractor and the Council agreed to the termination of the contract by mutual consent. Cork County Council has appointed a consultant to complete the Contract Documents which will incorporate all of the outstanding works on the network element of the scheme. In respect of the Wastewater Treatment Plant Upgrade, Cork County Council were to prepare a Preliminary Report for this element of the scheme.

However, prior to the transfer of responsibility for the delivery of water services capital infrastructure to Irish Water on 1 January 2014, the Council had not completed the Contract Documents for the Network Contract nor had they submitted a Preliminary Report for the Wastewater Treatment Plant Upgrade Contract. Irish Water is now responsible for the delivery of water services capital infrastructure. It is currently preparing a Capital Investment Plan for 2014 – 2016 that will provide for the transition of projects included in the 2010 - 2013 Water Services Investment Programme.

Question No. 546 answered with Question No. 485.

Planning Issues

Questions (547)

Patrick Nulty

Question:

547. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government if local authorities have any powers under existing legislation to compel private landowners to remove trees on their property that are a danger and or nuisance to neighbouring properties; if so, if he will outline the relevant legislation; and if he will make a statement on the matter. [4044/14]

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Written answers

Planning legislation places no specific restrictions on the height of trees nor does it make any particular provision for remedy from any other nuisance which may be caused by trees in an urban residential area. Complaints relating to matters such as trees or shrubs overhanging a property are normally addressed, where necessary, under civil law between the parties concerned.

Private Rented Accommodation Provision

Questions (548)

Terence Flanagan

Question:

548. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to introduce a cap on rents in the private rental sector; and if he will make a statement on the matter. [4052/14]

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Written answers

The most recent rent index, for the third quarter of 2013 compiled by the ESRI for the Private Residential Tenancies Board (PRTB), presented a mixed picture in respect of changes in rents nationally. Rents in the Dublin region had increased by 2.5% over the previous quarter while rents in the ‘outside Dublin’ category showed a 1.4% increase.

The figures showed a year-on-year decrease of 0.2% in the ‘outside Dublin’ category but an increase of 6.4% in rents in the Dublin region over the same period. The most recent figures from www.daft.ie, also in respect of quarter three 2013, showed a year-on-year increase of 7.6% in Dublin with increases of 3% and 4% in Cork and Galway respectively. Coupled with this, there is evidence emerging of a growing pressure on rents in the lower segment of the market with a Threshold study indicating that 50% of people in receipt of rent supplement are making ‘top-up’ payments to landlords.

With ESRI data showing that the consumer price index grew by only 0.5% in 2013, and is forecast to grow by 0.8% in 2014, there is a very real affordability issue emerging in parts of the private rented sector.

Approximately 1 in 5 households in the country are now renting their accommodation in the private sector, the biggest share of the housing market since the 1950s. In recent years improvements have been made in the sector in relation, for example, to security of tenure and resolution of disputes. The Government has also recently approved the drafting of amendments to the Residential Tenancies (Amendment)(No. 2) Bill to establish a deposit protection scheme.

I want to build on these improvements to encourage and promote a stable rental market that is sustainable over the long term. My Department is exploring the possibilities for commissioning relevant policy research in this area, including in regard to the potential role of rent controls.

Social and Affordable Housing Provision

Questions (549)

Terence Flanagan

Question:

549. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to increase the amount of social housing; and if he will make a statement on the matter. [4053/14]

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Written answers

The Government’s 2011 Housing Policy Statement clearly outlines that the priority for Government will be to meet the most acute needs of households applying for social housing support. I am determined to ensure that the social housing programme optimises the delivery of social housing and the return for the resources invested. To achieve this, it is essential that we tailor the use of available Exchequer supports to prevailing conditions and explore the full range of solutions to address housing needs.

The financial parameters within which we continue to operate will not facilitate a return to large capital funded construction programmes. The Government is committed to responding more quickly and on a larger scale to social housing support needs through a variety of mechanisms, including through increased provision of social housing.

In July 2012, I announced details of a three-year funding programme of €100 million to deliver some 800 new units of voluntary and local authority owned social housing. In 2014, funding of over €587 million is being made available across a range of housing programmes. This includes a €50 million capital stimulus to support construction and related programmes, primarily in the housing area, including €30 million to recommence a State house building programme; €10 million for an unfinished housing estate resolution project; and €10 million for housing adaptation grants. When this is taken into account, funding for housing for 2014 is effectively maintained at 2013 levels.

My Department has requested local authorities to submit proposals by 28 March 2014 for new construction and acquisition projects under the Capital Assistance Scheme over the next two years. With the benefit of the additional capital for new housing construction, I intend to announce details of a new social housing construction programme for local authorities for the period 2014 to 2015. I expect that up to 600 new social and voluntary homes will be delivered under these measures. I also intend to announce details of a special investment of €15 million for the retrofitting of boarded-up local authority houses to bring these back into productive use. I expect that this measure will deliver some 400 homes for persons in need of social housing.

Delivery of social housing continues to be significantly facilitated through more flexible funding models such as the Rental Accommodation Scheme and leasing but the Government is also committed to developing other funding mechanisms that will increase the supply of permanent new social housing. Such mechanisms include options to purchase, build to lease and the sourcing of loan finance by approved housing bodies for construction and acquisition. In addition, my Department, the Housing Agency and NAMA continue to work together with housing authorities and approved housing bodies towards bringing suitable NAMA units into social use and to ensure continued delivery of housing units for social purposes. Approved Housing Bodies will also play a key role in the delivery of social housing and, in particular, having regard to their capacity to attract external financial investment. It continues to be my objective to maximise the delivery of social housing using all of the resources available.

In spite of the financial constraints within which we are required to operate, I expect the final output across all social housing programmes for 2014 to be in the region of 5,000 new housing units.

Social and Affordable Housing Provision

Questions (550)

Seamus Kirk

Question:

550. Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government the total amount of social houses available here; if he will provide a breakdown on a county basis; and if he will make a statement on the matter. [4064/14]

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Written answers

The Eighth Annual Report on Service Indicators, published by the Local Government Management Services Board in April 2013, which details service indicators in local authorities in 2011, provides a range of information in relation to the social housing stock including the total number of dwellings in each local authority area. Copies of the report are available from the Local Government Management Agency and may be downloaded from their website (www.lgmsb.ie).

Grant Payments

Questions (551)

Terence Flanagan

Question:

551. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to introduce grants for the elderly to obtain smoke alarms and personal alarms; and if he will make a statement on the matter. [4074/14]

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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 €2.35 million which is sufficient to meet current demand levels for this important scheme.

My Department also supports a Smoke Alarm Scheme, initiated in 2006, and operated by local authorities to provide smoke alarms to vulnerable households. I intend running a similar community fire safety initiative this year. Any queries about the Smoke Alarm Scheme, or obtaining such alarms, may be directed to local authorities.

Question No. 552 answered with Question No. 545.

Water Meters

Questions (553)

Olivia Mitchell

Question:

553. Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government if it is the intention of Irish Water, as reported recently, to charge apartment dwellers on an average use basis rather than a metered basis; and if he will make a statement on the matter. [4137/14]

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Written answers

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. The Water Services (No.2) Act 2013 provides that Irish Water will be responsible for the collection of water charges from households and also provides that responsibility for the economic regulation of the water sector, including the setting of charges, be assigned to the Commission for Energy Regulation. The primary role of the regulator will be to protect the interests of customers and to ensure a consistent and appropriate level of service is provided to them. 

As the metering programme will still be underway when charges are introduced, an appropriate approach to charging customers who are not metered at that stage will be put in place.  This will be structured in such a way as to ensure that it represents a reasonable proxy for usage and is fair.  The approach to charges for both metered and un-metered properties will be included in a proposed public consultation taking place this year as part of the regulatory process. 

A study commissioned by Irish Water on possible approaches to metering properties that are not part of the current metering programme, including apartments and properties with shared service connections, has been recently submitted to my Department for consideration. Any proposals for the metering of such properties would need to be considered by the Government in the first instance.

Question No. 554 answered with Question No. 544.
Question No. 555 answered with Question No. 545.

Irish Water Establishment

Questions (556)

Brian Stanley

Question:

556. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government where in the Water Services Act it specifies that Irish Water will be retained in public ownership and not privatised. [4153/14]

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Written answers

The Water Services Act 2013 provides for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group. Section 5 of the Act also sets out the share structure of Irish Water, providing for one share to be allocated to Bord Gáis Éireann and for the remaining shares to be issued equally between the Minister for the Environment, Community and Local Government and the Minister for Finance.

The Water Services (No. 2) Act 2013, which came into effect on 1 January 2014, provides for the transfer of responsibility for the delivery of water services from the water services authorities to Irish Water. Section 46 of this Act provides for amendments to section 5 of the Water Services Act 2013. The amended provision precludes the three above mentioned shareholders of Irish Water from alienating the shares issued to them. The effect of this amendment is that there is now a statutory prohibition on the privatisation of Irish Water.

Fire Service Staff

Questions (557)

Thomas P. Broughan

Question:

557. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 430 of 21 January 2014, the number of external candidates for which sanction has been granted by his Department to Dublin City Council to hold a new recruitment drive for Dublin Fire Brigade in 2014. [4181/14]

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Written answers

My Department operates a delegated sanction from the Department of Public Expenditure and Reform for implementation of the moratorium in relation to local authorities. Under section 159 of the Local Government Act 2001, each City and County Manager is responsible for staffing and organisational arrangements in each Council. It is a matter for City and County Managers, in the first instance, to ensure that the moratorium is implemented while the appropriate service levels are maintained.

Where a local authority identifies a critical post that it cannot fill by way of re-organisation or re-assignment it may revert to my Department seeking sanction to fill the post. My Department examines all staffing sanction requests on a case by case basis having due regard to the continued delivery of key services in the context of staffing and budgetary constraints. In considering sanction requests public safety, maintaining key front line services and economic considerations are given precedence.

Dublin City Council recently carried out an assessment of staffing needs for the fire service, and the proposed recruitment procedures were discussed and agreed with trade unions. Some existing fire-fighter vacancies were filled on a cost neutral basis from within the existing staff cohort of the Dublin local authorities.

These discussions included a proposal to hold a recruitment process that will be open to external candidates. The necessary sanctions have been granted by my Department and the recruitment is now a matter for Dublin City Council. Accordingly, information regarding the number of external candidates is not available in my Department.

Planning Issues

Questions (558)

Michael McGrath

Question:

558. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government his plans to relax the current rule affecting persons who bought properties under the affordable housing scheme whereby they are not allowed to rent out the property; if his attention has been drawn to the fact that this is causing considerable difficulties for persons whose circumstances may have changed; and if he will make a statement on the matter. [4207/14]

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Written answers

The Government's 2011 Housing Policy Statement announced the standing down of all affordable housing schemes in the context of a full review of Part V of the Planning and Development Acts 2000-2013, which provided the basis for affordable housing schemes. It must be recognised that the primary objective of the affordable homes schemes was to enable households who would otherwise not have been in a position to purchase a home to own a house in which they would reside. The new approach to the provision of social housing adopted in the Housing Policy Statement was mindful of both the changed context arising from the collapse of the housing market, and its impact on individual households.

Details regarding the review of Part V are available on my Department’s website www.environ.ie. The period for public submissions has closed and submissions from a variety of interested parties are now under consideration.

I expect to be in a position to formulate future policy approaches and actions, including in relation to affordable housing, taking account of the consultation process, in the near future.

Departmental Bodies

Questions (559)

Michael McGrath

Question:

559. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he will, in respect of his Department's audit committee, provide details of its current membership; the date of appointment of each member; the fees paid to each member; if members of the committee are required to hold certain professional qualifications; and if he will make a statement on the matter. [4216/14]

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Written answers

My Department’s Audit Committee comprises the following five members:

Mr. Eric Embleton (Chairman, former Assistant Secretary, Department of Finance, appointed: May 2004).

Mr. Terry O’Niadh (former County Manager, North Tipperary County Council, appointed: October 2013).

Mr. Noel O' Connell (Director of Audit, Local Government Audit Service, appointed: May 2004).

Mr. Ger Deering (Assistant Secretary, Corporate and Business Support Division, Department of the Environment, Community & Local Government, appointed June 2013).

Mr. Brian Duffy (former Head of Internal Audit, Department of Social Protection, appointed: June 2012).

Mr. O’Niadh and Mr. Duffy are paid a standard fee of €282.79 per diem (subject to an annual maximum fee of €1,697) as sanctioned by the Department of Public Expenditure & Reform. Fees are not paid to the other members.

Members are appointed by the Department’s Secretary General and are required to possess the requisite skills, expertise and experience to enable the Committee to discharge its role in an effective and informed manner. While specific qualifications are not prescribed, the members collectively possess a wide range of professional and other qualifications across a number of disciplines.

Social and Affordable Housing Expenditure

Questions (560, 561)

Brendan Smith

Question:

560. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if he will provide details of the financial allocation to County Cavan under the social housing investment programme for the years 2010 to 2014, respectively; and if he will make a statement on the matter. [4287/14]

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Brendan Smith

Question:

561. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if he will provide details of the financial allocation to County Monaghan under the social housing investment programme for years 2010 to 2014, respectively; and if he will make a statement on the matter. [4288/14]

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Written answers

I propose to take Questions Nos. 560 and 561 together.

Under my Department’s Social Housing Investment Programme, funding is provided to housing authorities in respect of a range of measures which include the construction and acquisition of houses and apartments by local authorities and Approved Housing bodies, the regeneration of large social housing estates and flat complexes, estate-wide remedial works, energy efficiency and retrofitting works, Traveller-specific accommodation, extensions and adaptations to housing stock and the housing adaptation grants schemes for older people and people with a disability.

Work is currently underway on preparing the capital allocations under the Social Housing Investment Programme for 2014 and I intend to announce details of the allocations to individual local authorities shortly.

The information requested in relation to the funding provided to Cavan and Monaghan County Councils under the various measures for the period 2010 to 2013 is set out in the following tables:

Cavan County Council

Measure

2010

2011

2012

2013

Regeneration

Nil

Nil

Nil

Nil

Local Authority Housing

€3, 694,879

€1,116,877

€1,360,702

€1,947,374

Remedial Works Scheme

€273,426

€60,526

Nil

Nil

Energy Efficiency/Retrofitting

€1,360,160

€621,638

€518,080

€341,138

Traveller Accommodation

Nil

€6,356

Nil

€57,412

IWILs/DPGs/Extensions

€ 121,762

€207,331

€76,328

€48,468

Capital Assistance Scheme

€1,284,593

€14,378

€664,288

€348,563

Private Housing Adaptation Grants Scheme

€1,500,000

€1,500,000

€1,050,000

€ 880,847

Monaghan County Council

Measure

2010

2011

2012

2013

Regeneration

Nil

Nil

Nil

Nil

Local Authority Housing

€4, 539,127

€3,256,000

€1,731,686

€1,159,804

Remedial Works Scheme

€2,730,402

€1,126,971

€661,818

€147,806

Energy Efficiency/Retrofitting

€570,528

€315,100

€380,333

€335,406

Traveller Accommodation

€691,044

€197,925

Nil

Nil

IWILs/DPGs/Extensions

€ 96,802

€77,773

€136,436

€63,819

Capital Assistance Scheme

€415,175

€86,636

€1,125,300

€1,191,568

Private Housing Adaptation Grants Scheme

€1,664,000

€1,055,226

€1,200,000

€711,729

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