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Wednesday, 19 Feb 2014

Written Answers Nos. 142-148

Rental Accommodation Scheme Administration

Questions (142)

Patrick Nulty

Question:

142. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the legal obligations local authorities have to tenants receiving social housing support under the rental accommodation scheme, RAS, in circumstances where the RAS contract has concluded and either the landlord does not wish to renew it or the property does not meet the required standard for properties under this scheme. [8495/14]

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Written answers

The grounds upon which a tenancy in the private rented residential sector may be legally terminated are clearly set out in the Residential Tenancies Act 2004. The Act provides the main regulatory framework for the private rented residential sector and for the operation of the Private Residential Tenancies Board. It provides for security of tenure and specifies minimum obligations for landlords and tenants under a tenancy. In addition, the Act sets out the procedures and notice periods that must be complied with when terminating a tenancy.

As the Rental Accommodation Scheme (RAS) is now deemed to be a social housing support, local authorities retain the responsibility to source further accommodation for a RAS household should the dwelling that the household is living in become unavailable through no fault of their own. There is no prohibition on households from sourcing alternative accommodation themselves if they so desire, as long as the local authority is satisfied that the accommodation meets the needs of the household and conforms to standards for rental accommodation which are set out in the Housing (Standards for Rented Houses) Regulations 2008.

Departmental Funding

Questions (143)

Catherine Murphy

Question:

143. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the amounts given to an organisation (details supplied) in support of the delivery of its civil society and voluntary remit in each year since its establishment; and if he will make a statement on the matter. [8525/14]

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Written answers

My Department recognises the important role that volunteers and volunteerism plays in our society and provides grant support in support of volunteerism. The organisation in question has received grant aid in support of its mission to provide assistance in the development of the community and voluntary sector by strengthening boards and management committees, building links between the corporate, public and not-for-profit sectors and encouraging people from the corporate and public sectors to sit on boards of not-for-profit organisations. Grants paid to this organisation by my Department in support of the delivery of its community and voluntary remit since its incorporation in 2005 are shown in the following table.

YEAR

GRANT

2005

€50,000

2006

€100,000

2007

€100,000

2008

€110,000

2009

€105,600

2010

€95,040

2011

€85,530

2012

€70,000

2013

€66,500

Irish Water Establishment

Questions (144)

Catherine Murphy

Question:

144. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will indicate the terms of all leases for premises entered into by Irish Water in respect of its office accommodation including the rental amounts, term, break-clauses and all other relevant information; and if he will make a statement on the matter. [8527/14]

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Written answers

My Department has asked Irish Water to put in place specific arrangements to address the queries which public representatives may have in relation to matters pertaining to the operation of water services under the new utility. I understand that Irish Water will be in contact with Oireachtas members during the course of this week to outline the arrangements for addressing such queries in a timely manner. In the meantime, Irish Water has confirmed to me that the property procurement process for the company is currently ongoing and is at various stages from the initial property search, to evaluation of properties, negotiation of heads of terms and completion of legalities. Until such time as all legalities are complete, Irish Water is not in a position to make this information publically available. Irish Water has agreed with my Department that, where accommodation needs arise, every effort will be made to utilise existing facilities which are or may become fully or partly vacant as a result of the changes in local authority functions, whether such facilities are in the ownership of or are leased to local authorities. In accordance with Part 12 of the Property Services Regulation Act 2011, Irish Water will be submitting details of leases to the Property Services Regulatory Authority for entry on the publically available Commercial Property Leases Database.

Tree Remediation

Questions (145)

Patrick Nulty

Question:

145. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government if he will consider bringing forward legislation to give powers to local authorities to compel private landowners to remove trees on their property that are a danger and or acute nuisance to neighbouring properties; and if he will make a statement on the matter. [8539/14]

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Written answers

There is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on one’s property. I will, however, give consideration to the proposal in the question with regard to trees acutely impacting on neighbouring properties in the context of the review of the Planning and Development Act. On the specific issue of dangerous trees, I understand that Section 70 of the Roads Act, 1993 obliges the owner or occupier of land to take all reasonable steps to ensure that trees on the land are not a hazard or potential hazard to road users and that they do not obstruct or interfere with the safe use of, or maintenance of a public road. The relevant road authority may serve a notice on the owner or occupier of the land requiring the preservation, felling, cutting, lopping, trimming or removal within a specified time period of any tree which is a hazard or potential hazard to road users and road safety. I also understand that under Section 58 of the Communications Regulation Act 2002, a network operator or any person authorised by the operator may lop or cut any tree, shrub or hedge which obstructs or interferes with any physical infrastructure of the network operator.

Water and Sewerage Schemes Status

Questions (146)

Kevin Humphreys

Question:

146. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government the current status of the Rathmines and Pembroke drainage scheme; when the consultants to access the scheme will be appointed; if Irish Water will be moving on this without delay; if he will provide an update on current plans to ensure this urgently needed work is done; and if he will make a statement on the matter. [8552/14]

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Written answers

The Greater Dublin Region Drainage Project (GDRDP) Rathmines and Pembroke Sewerage Scheme was included in my Department’s Water Services Investment Programme 2010 – 2013 as a scheme to advance through planning. In May 2013 my Department approved Dublin City Council’s Brief for the Appointment of Consultants to prepare a Preliminary Report for the scheme and the City Council set in train a procurement process so that consultants could be appointed. Since 1 January 2014, Irish Water is 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 that were included in my Department’s Water Services Investment Programme 2010 - 2013.

Local Authority Finances

Questions (147)

Billy Timmins

Question:

147. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding funding that has been collected by town councils for the sale of public housing under the tenant purchase scheme; if this money can remain with the new municipal authority (details supplied); and if he will make a statement on the matter. [8567/14]

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Written answers

In February 2009, my Department set out details of the financial requirements for local authorities relating to their overall management of capital and current accounts. These requirements flow directly from the requirement for Government finances as a whole to be managed in accordance with the Stability and Growth Pact established under the Maastricht Treaty, and the associated limitation on budget deficits. The local government sector must not impact negatively on the General Government Balance (GGB) in any one year. In order to stay within the overall GGB limit, it is necessary for local authorities to maintain both their current and capital accounts broadly in balance. The only restriction on local authorities is that, in aggregate, capital income equals capital expenditure in the year. Balance is only required at an overall level and this allows considerable scope for authorities to draw on their existing capital reserves as an element of their overall investment programme. The precise manner in which capital and current accounts are managed in order to achieve the overall balance necessary is a matter for individual local authorities.

The Government’s Action Programme for Effective Local Government sets out Government policy decisions in relation to a range of local government reform measures including a more effective, coherent and comprehensive system of sub-county municipal governance, encompassing both urban and rural areas, to strengthen local government within counties and address weaknesses and anomalies in the current system. The Local Government Reform Act 2014 provides the legislative basis for the structural reforms set out in the Action Programme. The Act provides that the local authority for a county will become the successor authority, for all purposes, of each town council in the county. Section 13 of the Housing (Miscellaneous Provisions) Act 2009 provides that any moneys accruing to a housing authority from the sale of dwellings to tenants, etc., shall be placed in a separate account and, with the Minister’s approval, may be used for the provision of housing or for the refurbishment or maintenance of existing housing, or any other related purposes. Responsibility for this account and other assets of town councils will rest with the successor authority in each case. It is a matter for every local authority to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources within the GGB limits as set out.

Building Regulations

Questions (148)

Terence Flanagan

Question:

148. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding mandatory self-certification of building works; and if he will make a statement on the matter. [8597/14]

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Written answers

The new Building Control Amendment Regulations 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. Arrangements for a smooth transition to the new regulatory environment on 1 March 2014 are well in hand and my Department will continue to work with all parties to ensure they understand their obligations and the steps necessary to meet them.

As regards the issue of third party certification, it is not clear what useful purpose would be served by imposing a requirement for independent verification of design or construction by a third party as suggested. The merits of a designer overseeing the implementation of their design cannot be overlooked. Neither is there any intention to constrain the capacity of all-in service delivery models in key sectors of the industry. Enforcement powers under the Building Control Acts 1990 to 2007 continue to be vested in the local building control authorities and it is here that independence is called for and in place.

Part D of the Building Regulations deals with Materials and Workmanship. It stipulates that all works are to be carried out with proper materials and in a workmanlike manner. Proper materials are defined as being materials which are fit for the use for which they are intended and for the conditions in which they are to be used. Construction professionals who undertake the role of lead designer or assigned certifier and builders will in accordance with S.I. No. 9 of 2014 be required to demonstrate by lodgement of documentation and to certify that compliance with the requirements of the Building Regulations, which includes the Part D requirements, has been met.

As part of the wider reform of building control arrangements I have undertaken to explore the potential for latent defects insurance on construction projects as an ultimate recourse for consumers. The professionalism and accountability that the new arrangements under S.I. No. 9 of 2014 will bring to bear should lead to improved quality and reduce risk within the construction sector. This will in turn lead to market conditions more conducive to insurers and a wider availability and use of latent defects insurance. In that sense better regulation and insurability go hand in hand.

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