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Tuesday, 25 Feb 2014

Written Answers Nos. 437-461

Electricity Transmission Network

Questions (437)

Sean Conlan

Question:

437. Deputy Seán Conlan asked the Minister for Communications, Energy and Natural Resources the consequences EU Regulation 347 of 2013 may have in potentially delaying or altering Eirgrid's plans to lodge a future planning application in relation to the North-South interconnector in view of the fact that it has been designated at EU level as a project of common interest; and if he will make a statement on the matter. [9504/14]

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Written answers

The timing of the re-submission of the planning application for the North South Transmission Line project to An Bord Pleanála is a matter for Eirgrid and one in which I have no function. Eirgrid will, of course, have due regard for all national and EU legislation, including Regulation (EU) No. 347 of 2013 of the European Parliament and of the Council, when submitting its planning application for the project.

Telecommunications Services Provision

Questions (438)

Martin Heydon

Question:

438. Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources if he will review the provision of broadband services available in an area (details supplied) in County Kildare where the telephone exchange has not yet been broadband enabled; the way he plans to improve the situation; and if he will make a statement on the matter. [9533/14]

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Written answers

Ireland’s telecommunications market has been fully liberalised since 1999 in accordance with the requirements of binding EU Directives. The market has since developed into a well-regulated market, supporting a multiplicity of commercial operators, providing services over a diverse range of technology platforms. The regulation of the industry is a matter for ComReg which is independent in the exercise of its functions. Details of broadband services available in each County can be found on a number of websites, including ComReg’s website at www.callcosts.ie, as well as the websites of individual commercial operators.

The Government’s National Broadband Plan, which I published in August 2012, aims to radically change the broadband landscape in Ireland by ensuring that high speed broadband is available to all citizens and businesses including those in County Kildare. This will be achieved by providing:

- a policy and regulatory framework that assists in accelerating and incentivising commercial investment, and

- a State-led investment for areas where it is not commercial for the market to invest.

Since the publication of the Plan, investments by the commercial sector are underway and in some instances have been accelerated in both fixed line and wireless high speed broadband services. In the fixed line segment of the market, eircom has announced plans to pass 1.4m addresses with its next generation broadband service, with speeds of up to 100Mbps, while UPC has increased its entry level and maximum speeds to 120Mbps and 200Mbps respectively. Mobile operators have also made announcements regarding network upgrades and are rolling out enhanced product offerings. The ESB Electronic Communications Bill, which I introduced last month, is a further step in promoting investment in competitively priced high speed broadband. The Bill will, when enacted, enable the ESB to utilise its electricity distribution network to provide telecommunications services in the Irish market.

I am aware of at least one service provider announcing that it will be providing advanced broadband services in a number of locations in County Kildare including Newbridge before July 2016 and my Department will be happy to discuss this further with the Deputy.

Many of these developments have been facilitated through the implementation of measures in the National Broadband Plan, including the conclusion of ComReg's multiband spectrum auction, and the regulatory regime for fixed line Next Generation Access and service bundles. Both of these measures are designed to incentivise the rollout of services by operators.

In tandem with these developments, intensive work continues in my Department in relation to a State-led investment to secure the countrywide introduction of next generation broadband access. In order to progress the State-led investment for areas where it is not commercial for the market to invest, a full procurement process must be designed and EU State Aids approval must be obtained. My Department is engaged in a comprehensive mapping exercise of the current and anticipated investment by the commercial sector over the coming years, the results of which will inform the areas that need to be targeted in the State-led investment as envisaged in the National Broadband Plan.

Intensive technical, financial and legal preparations, including stakeholder engagement, are ongoing. The procurement process for the approved intervention will be carried out in accordance with EU and Irish procurement rules and it is expected that it will be launched in 2014.

Through the implementation of the National Broadband Plan, I am committed to ensuring that all parts of Ireland have access to high speed broadband, with a view to ensuring that all citizens and businesses can participate fully in, and maximise the benefits of, a digitally enabled economy and society.

Wind Energy Generation

Questions (439)

Michael Colreavy

Question:

439. Deputy Michael Colreavy asked the Minister for Communications, Energy and Natural Resources if the wind farm project in Rhode, County Offaly is in compliance with a national policy framework; and if he will make a statement on the matter. [9645/14]

View answer

Written answers

All wind energy projects are subject to the consent of a planning authority or An Bord Pleanála under the Planning Acts and compliance with the relevant national planning policies and guidelines.

Any projects of a significant scale specifically for export would, in addition, have to await the signing of an Inter-Governmental Agreement with the UK and the completion of a Renewable Energy Export Policy and Development Framework which is being developed by my Department.

Inland Fisheries

Questions (440, 441)

Clare Daly

Question:

440. Deputy Clare Daly asked the Minister for Communications, Energy and Natural Resources if he has accepted the position of the Ombudsman that the Department of Agriculture, Food and the Marine was correct in its views that Inland Fisheries Ireland’s submission prepared for the European Commission during the recent pilot investigation of salmon and sea lice contained many inaccuracies, fundamental errors, and omissions of relevant facts and misleading commentaries which would have had disastrous results for Ireland's reputation had it sent the report to the European Commission. [9709/14]

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Clare Daly

Question:

441. Deputy Clare Daly asked the Minister for Communications, Energy and Natural Resources the reason his Department has not responded to the European Commission's request for its views on the reopening of the pilot investigation into sea lice and salmon farms for which the deadline was 15 January, 2014; and if he will make a statement on the matter. [9710/14]

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Written answers

I propose to take Questions Nos. 440 and 441 together.

The Department of Agriculture Food and Marine (DAFM) is the lead Department as regards the re-opened pilot case concerning finfish aquaculture and I am advised that DAFM sought the observations of my Department on 7 January and observations were returned ahead of the deadline of 15 January. Further observations were subsequently sought by DAFM on 3 February with date for return of 12 February and my Department responded on that date.

All observations in this matter were supported by fact-based scientific and technical research from the Departments statutory scientific advisors, Inland Fisheries Ireland. This research has been extensively peer reviewed and published in reputable scientific journals.

The matter referred to in these Questions relates to a request by a third party to the Office of the Ombudsman for redress for maladministration based on the actions of DAFM in relation to the pilot case. The Office of the Ombudsman is a statutorily independent function and it would not be appropriate to make public comment on matters it has reported on. Where someone is dissatisfied with the outcome of the Ombudsman’s consideration, this should be communicated to that Office in the first instance.

Energy Usage

Questions (442)

Michael Colreavy

Question:

442. Deputy Michael Colreavy asked the Minister for Communications, Energy and Natural Resources the megawatts of electricity that Ireland consumed in each of the years 2002-2013 in tabular form; and if he will make a statement on the matter. [9734/14]

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Written answers

The information sought by the Deputy is published annually by the Sustainable Energy Authority of Ireland (SEAI) in the Energy in Ireland reports, which are available on the SEAI website at:

http://www.seai.ie/Publications/Statistics_Publications/Energy_in_Ireland/

Electricity Generation

Questions (443)

Martin Heydon

Question:

443. Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources when he expects to finalise the terms of reference for the independent commission reviewing options for Grid Link and Grid West; if he has considered the way local action groups can have an input into those terms of reference and the work of the commission; and if he will make a statement on the matter. [9735/14]

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Written answers

On 28 January last, in response to EirGrid’s recent public consultation process, I announced that I had appointed an Independent Panel of Experts, to be chaired by Mrs Justice Catherine McGuinness, to decide the terms of reference for, and to oversee the integrity of a process to be undertaken by EirGrid to report on, comprehensive, route-specific studies of overhead and underground options for both the Grid Link and Grid West projects.

The outputs from those studies, which will be required to be complete, objective and comparable, will be published before proceeding to the next stage of public consultation on those two projects. The two studies will take account of environmental (including visual amenity) impacts, technical efficacy and cost factors. The Panel will have power to commission its own work if there is any perceived deficiency in the studies presented.

I met with the Chair of the Panel on 31 January 2014. I also met briefly with the full Panel on 10 February 2014 prior to the start of its first meeting to thank the members for undertaking the work. The Panel has now commenced its deliberations including settling the terms of reference to oversee the integrity of the process now being put into place. The Panel’s terms of reference will be published by the Panel once they have been agreed. Similarly, the Panel's position regarding submissions of material to it, and third party requests to meet with it, will also be published once the Panel has finalised and agreed its position on these matters.

Semi-State Bodies Remuneration

Questions (444)

John Lyons

Question:

444. Deputy John Lyons asked the Minister for Communications, Energy and Natural Resources the chief executive officers of semi-State companies under the aegis of his Department who are on Hay contracts and those who are not on Hay contracts; and if he will make a statement on the matter. [10126/14]

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Written answers

The remuneration of CEOs in Commercial State Bodies, had historically come within the remit of the Review Body on Higher Remuneration in the Public Sector (established in 1969). A major feature of the Review Body’s Report No. 37 (December 1996) was their recommendations for the introduction of new remuneration arrangements and the introduction of a fundamental change in the nature of the contracts for such positions.

Hay Management Consultants were commissioned to carry out the evaluation exercise and submit a report to the Minister for Finance. In July 1999 the Government approved the new approach to the determination of the remuneration of the CEO’s of Commercial State Companies. A further review, again carried out by Hay Consultants, was undertaken and implemented in 2007.

In June 2011 the Minister for Public Expenditure and Reform announced the terms of a Government Decision for the introduction of pay ceilings for higher posts across the public service and for CEO posts in Commercial State Companies.

All directions issued by the Government in relation to remuneration of CEOs in Commercial State Companies are brought to the attention of the relevant State Companies under the aegis of my Department. All contracts are concluded in line with current government pay policy as set out by the Government Decision of June 2011 and are subject to statutory approvals.

Local Authority Staff Recruitment

Questions (445)

Tom Fleming

Question:

445. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will take into consideration the huge amount of damage as a result of storms to public amenities in County Kerry such as roads, footpaths, car parks, beach accesses, playgrounds and so on; if he will hire outdoor temporary staff to deal with some of the workload; and if he will make a statement on the matter. [9513/14]

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Written answers

Under section 159 of the Local Government Act 2001, each City and County Manager is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. In this regard, 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.

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 issues are given precedence.

My Department has not received a staff sanction request from Kerry County Council for temporary staff in relation to the damage as a result of storms to public amenities in County Kerry.

Control of Dogs

Questions (446)

Simon Harris

Question:

446. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government if the provisions of the Control of Dogs Act 1986 overrides the necessity to publicly tender the dog control service contract in County Wicklow (details supplied); and if he will make a statement on the matter. [9609/14]

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Written answers

It is a matter for each local authority to manage the dog control service in its functional area and my Department has no involvement in this process.  With regard to the Control of Dogs Act, the interpretation of the law is a matter for the Courts under the Constitution.

Unfinished Housing Developments

Questions (447, 487)

Dessie Ellis

Question:

447. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the number of vacant units in an area (details supplied) in Dublin 11 and if any measures are being put in place for the local authority to buy or rent these for social housing. [9880/14]

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Dessie Ellis

Question:

487. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the current status of Hampton Woods Lawn, St. Margaret's Road, Dublin 11. [9453/14]

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Written answers

I propose to take Questions Nos. 447 and 487 together.

The administration of issues relating to unfinished housing developments is a matter for the individual local authority involved. Each local authority has appointed an Unfinished Housing Development co-ordinator; contact details can be found at:

www.housing.ie/our-services/unfinished-housing-developments/local-authority-contacts.aspx .

“Resolving Unfinished Housing Developments: Annual Progress Report on Actions to Address Unfinished Housing Developments”, published in November 2013, appends a Summary Report of the 2013 National Housing Development Survey. The key findings of the survey include: a 56% decrease in the number of remaining unfinished developments and a 72% decrease in the number of vacant units since 2010. During the 12 months to November 2013, site resolution plans were fully implemented on 553 developments. The National Housing Development Survey 2013, which carries details of all unfinished housing developments, can be found on the Housing Agency website www.housing.ie.

Budget 2014 contains a special provision, in the form of a targeted €10m Special Resolution Fund (SRF), to assist further in addressing the legacy of unfinished housing developments. The SRF has been proposed to encourage the resolution of the remaining tranche of unfinished developments identified in the National Housing Development Survey 2013 and, particularly, those developments not likely to be resolved in the normal way through solely developer/owner/funder action because of the presence of specific financial barriers. It is envisaged that the SRF should be particularly targeted to address the remaining unfinished developments with residents living in them and, in particular, any developments that local authorities identified, for the purposes of the Local Property Tax waiver, as in a seriously problematic condition.

In December 2013, my Department wrote to local authorities seeking proposals for funding support under the SRF and the deadline for receipt of applications is 28 February 2014. Submissions will then be evaluated by my Department and funding allocations made to local authorities as soon as possible thereafter.

My Department will support SRF proposals capable of delivering significant and lasting impact in relation to the quality of the resolution process itself and improved conditions for residents. It is hoped that the SRF will enable very substantial progress to be made in resolving as many of the remaining unfinished developments as possible.

Water Charges Administration

Questions (448, 450, 504, 505)

Caoimhghín Ó Caoláin

Question:

448. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government further to his Department's role in relation to the social affordability of water charges (details supplied), if it is the case that due consideration will be given to the financial costs associated with living in hard water areas, for example, cost of water softeners or shortened lifespan of white good products and so on; and if he will make a statement on the matter. [9752/14]

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Catherine Murphy

Question:

450. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if it is intended that the annual taxpayer-funded subvention to Irish Water will cover the amounts spent by the company in providing the free usage allowance; the amount the free allowance is predicted to cost to provide; and if he will make a statement on the matter. [8990/14]

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Caoimhghín Ó Caoláin

Question:

504. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government further to Parliamentary Question 531 of 18 February 2014, the members of the interdepartmental working group; the number of times the group has met; the group's terms of reference; if issues of water hardness are to be considered in relation to affordability; and if he will make a statement on the matter. [9644/14]

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Caoimhghín Ó Caoláin

Question:

505. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government the contribution, direct or otherwise, of Government to the first water charges plan; the role of the interdepartmental group in relation to same; and if he will make a statement on the matter. [9646/14]

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Written answers

I propose to take Questions Nos. 448, 450, 504 and 505 together.

The Programme for Government includes a commitment to introduce 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 (No. 2) 2013 provides for the transfer of water services functions from the local authorities to Irish Water. The Act also provides that the Commission for Energy Regulation (CER) will be responsible for the independent economic regulation of Irish Water. The CER has been given statutory responsibility for protecting the interests of customers.

Under the European Communities (Drinking Water) (No. 2) Regulations, 2007, a copy of which is available in the Oireachtas library, suppliers of drinking water are required to ensure that the water supplied is wholesome and clean. Water which is wholesome and clean is defined as water which is free from any micro-organisms and parasites and from any substances which in numbers or concentrations constitute a potential danger to human health, and which meets the quality standards specified in the Schedule to the Regulations. Hard water is not included as a parameter in the quality standards specified in the Regulations, as it does not pose as a threat to human health. The Environmental Protection Agency is the supervisory authority with responsibility for monitoring Irish Water’s compliance with these regulations.

The Water Services (No.2) Act 2013 requires that Irish Water will prepare codes of practice, on a range of matters, including standards in relation to the performance by Irish Water of its functions and billing by Irish Water of persons in respect of water services provided. Irish Water will also be required to prepare a code of practice on any matter considered necessary by the CER. I expect that the CER will consider compliance with statutory standards by Irish Water in fulfilling its functions.

An inter-departmental working group has been established to advise the Government on the appropriate method for addressing affordability issues which may arise with the introduction of domestic water charges. The group comprises officials from my Department and from the Departments of the Taoiseach, Social Protection, Public Expenditure and Reform and Finance. The terms of reference of the group include identifying groups likely to face affordability issues, examining appropriate mechanisms for addressing affordability issues for these groups and outlining the administrative arrangements required to deliver on the recommended approach. The group has met seven times to date. A final report will be submitted for consideration by Government when the group has completed its examination of the issues involved. No decision has yet been taken on the level of, or the approach to, the free allowance. However, it is under active consideration, and I would expect to bring proposals to Government shortly.

The approach to charging will be outlined by Irish Water in a water charges plan submitted to the CER in line with the provisions of the Water Services (No.2) Act, 2013. The CER will be responsible for approving the water charges plan and will engage in public consultation on the approach to charges.  In making its decision on the approval or otherwise of the first water charges plan, the CER will take into account the decisions made by Government on the funding model for Irish Water, including the funding available for the free allowance and any proposed affordability measures.

Planning Issues

Questions (449)

Ciara Conway

Question:

449. Deputy Ciara Conway asked the Minister for the Environment, Community and Local Government if he will use his powers under section 9 of the 2000 planning Act to require the Waterford and Kilkenny local authorities to deliver an agreed metropolitan area joint plan; and if he will make a statement on the matter. [8888/14]

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Written answers

Section 9 of the Planning and Development Act 2000, as amended, provides discretionary powers in the first instance to certain planning authorities, with the agreement of one or more planning authorities which are adjoining county councils, to make a single development plan. This is a reserved function of the elected members concerned. While I have no plans currently to use my powers under section 9 of the Planning and Development Act 2000, as amended , to require specific planning authorities to co-ordinate the development plans for their areas, I will continue to keep this provision under review.

Question No. 450 answered with Question No. 448.

Local Authority Funding

Questions (451)

Catherine Murphy

Question:

451. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the monetary value of all development contributions collected by each local authority to date which have not been spent; if he will introduce measures that would legally facilitate the drawing down of development contributions which have no reasonable chance of being spent upon the original agreed improvements; and if he will make a statement on the matter. [8992/14]

View answer

Written answers

The information requested on the monetary value of development contributions collected to date and not spent is not available in my Department.

A planning authority may, when granting a permission under section 34, include conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that is intended will be provided, by or on behalf of the local authority. Development contributions are a key part of securing investment in enabling infrastructure necessary to facilitate future development and it is appropriate to contribute towards its provision.  The infrastructural works identified by the local authority at planning application stage will be charged for in accordance with the local authority’s development contribution schemes.

As with all local charges, the invoicing and collection of any outstanding development contributions is a matter for the local authority concerned to manage, in the light of prevailing local circumstances and in accordance with normal financial procedures. Given the necessity to provide infrastructure that is required to facilitate development and in line with the provisions of the adopted development plan, refunding contributions paid but not yet spent by the relevant local authority does not arise.

Where any payments required in respect of development contributions are not settled, such payments may be pursued by the planning authority through the courts as a contract debt and, until such time as amounts outstanding are discharged in full, the conditions of the relevant planning permission have not been met and the development is unauthorised.

Each planning authority is required to include, in its statutory annual accounts, details of contributions received and information on how the contributions have been spent.

Cycling Facilities Provision

Questions (452)

Catherine Murphy

Question:

452. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will provide a detailed breakdown of the annual spend on cycling provision, infrastructure, education and awareness in each local authority in 2013; if he will provide a list of all paved cycle tracks which are at a fully separated grade from other vehicular traffic; the number of such tracks currently in planning or construction; and if he will make a statement on the matter. [8995/14]

View answer

Written answers

The information requested is not available in my Department.

Leader Programmes Funding

Questions (453)

John O'Mahony

Question:

453. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when a group (details supplied) in County Mayo will receive a decision on their application for Leader funding; and if he will make a statement on the matter. [8996/14]

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Written answers

In line with the ‘bottom-up’ approach to rural development, there are 35 Local Action Groups (LAGs) contracted, on my Department’s behalf, to deliver the LEADER elements of the Rural Development Programme 2007-2013 (RDP) throughout the country.

The relevant LAG in respect of the project referred to is Mayo North East LEADER Partnership (MNELP). The LAGs are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the local development strategy of the individual groups and in line with Programme’s Operating Rules and EU regulations. I understand that MNELP is actively engaged in the assessment of the application in question and will notify the promoter of their decision as soon as possible.

Local Government Reform

Questions (454)

Jerry Buttimer

Question:

454. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government regarding the Local Government Reform Act 2014, when section 32 will become operative and the benefit of this innovative provision accrue to persons opening new businesses in premises where commercial rates have been left unpaid by previous occupants; and if he will make a statement on the matter. [9072/14]

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Written answers

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001.  The levying and collection of rates are matters for each individual local authority.

Under rates legislation the person liable for payment of rates is the person in occupation of a rateable property on the date of the making of the rate by the relevant local authority.  The owner, rather than the occupier, may be liable for commercial rates if the property in question is unoccupied on the date of the making of the rate. Currently, where a person’s occupancy commences after the date of the making of the rate, that person, as a subsequent occupier, could be held liable for up to two years arrears of rates if they cannot be recovered from the person with whom the primary liability lies.  However, Schedule 2 Part 6 of the Local Government Reform Act 2014 provides for a change to rating law which will remove this subsequent occupier liability.  

It is not the intention in removing subsequent occupier liability to undermine local authorities’ collection powers and put at risk the collection of rates income. Therefore, section 32 of the Local Government Reform Act 2014 provides for all unpaid and outstanding rates liabilities to be discharged prior to the transfer of ownership or other interest in a property (including tenancy) and that this transfer of interest must be notified to the local authority within two weeks of its effect. This measure is intended to strengthen local authority collection powers in this area without causing any additional burden for subsequent occupiers.  Furthermore, the amendment provides that any rates due by an owner of relevant property and not discharged shall remain a charge on the property.

Under these new provisions, should the owner fail to notify the local authority of a change of occupancy, the Act provides that the owner or landlord will become liable for an amount which is equivalent to two years of outstanding liabilities that may have accrued in respect of any previous occupier of the property.  Any amount of that charge that remains unpaid by an owner will become a charge on the property for up to 12 years. The imposition of such a charge on the landlord or owner does not transfer any liability that may rest with any previous occupier.

The Local Government Reform Act 2014 was signed by the President on 27 January 2014. The timing of the commencement of the provisions outlined above is being considered in the context of the timetable for commencement of the Act generally.  My Department will be consulting with local authorities in that regard, in order to ensure that appropriate procedures are in place, and likewise that ratepayers and property owners are properly notified of the new obligations.

Insurance Industry Regulation

Questions (455)

Michael Healy-Rae

Question:

455. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that many of the insurance providers for architects and engineers are pulling out of the Irish market due to the new regulations being introduced on 1 March, which will only lead to higher premiums for everyone involved and it obviously means that a lot of these architects and engineers will be under severe pressure as they will be prevented from certifying building works from 1 March; and if he will make a statement on the matter. [9109/14]

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Written answers

The Building Control (Amendment) Regulations 2014, among other things, addressed concerns which had arisen last year in relation to the insurability and legal consequences of the statutory certificates of compliance that will be required from 1 March 2014. My Department understands that the construction professional bodies representing the registered architects, surveyors and engineers are now satisfied that the necessary insurance cover will continue to be available to their members.

Building Regulations Compliance

Questions (456, 457, 458, 476, 501)

Michael Healy-Rae

Question:

456. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government further to the commencement on 1 March of mandatory self certification of building works through SI 9 of 2014, if there are any other than mandatory latent defects insurance truly needed to secure the rights of consumers; and if he will make a statement on the matter. [9110/14]

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Michael Healy-Rae

Question:

457. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government further to the commencement on 1 March of mandatory self certification of building works through SI 9 of 2014, the way the pyrite scandal would have been resolved by these regulations; and if he will make a statement on the matter. [9111/14]

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Michael Healy-Rae

Question:

458. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government further to the commencement on 1 March of mandatory self certification of building works through SI 9 of 2014, if these regulations would have assisted the residents of Priory Hall; and if he will make a statement on the matter. [9112/14]

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Maureen O'Sullivan

Question:

476. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government his views on whether SI 9 regulations would have prevented the problems associated with the development at Priory Hall; the way he envisages the regulations will prevent and-or resolve pyrite issues in other residential properties; his view on the effectiveness of the mandatory latent defects insurance to secure the rights of consumers; and if he will make a statement on the matter. [9336/14]

View answer

Pearse Doherty

Question:

501. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he has received a submission or correspondence from the Architects Alliance of Ireland in respect of the new building regulations; his views on this correspondence; and if he will make a statement on the matter. [9624/14]

View answer

Written answers

I propose to take Questions Nos. 456 to 458, inclusive, 476 and 501 together.

I refer to the reply to Question No. 148 of 19 February 2014 which sets out the position generally in relation to the matters raised. The position has not changed. In addition it is also worth noting that, in line with the arrangements for the registration of construction professionals under the Building Control Act 2007, such registered professionals are now subject to review by a professional conduct committee. Where a Professional Conduct Committee considers a complaint and determines that a registered professional is guilty of professional misconduct or poor professional performance, the Committee has the power to advise, admonish or censure the registered professional in relation to the performance complained of, or, subject to confirmation from the High Court of the Committee’s decision to exercise such powers, to impose a fine for a specified amount, to withdraw the person’s name from the register for a specified period, to erase the person’s name from the register or to impose conditions to be complied with by the registered professional in order for their name to remain on the register.

The Building Control Act 2007 and the Building Control (Amendment) Regulations 2014 both serve to increase the level of accountability that is required in relation to construction projects.

Community Development Projects

Questions (459)

Michael Healy-Rae

Question:

459. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 122 of 6 February 2014, if there is capacity to generate a profit for the commercial companies he says can tender for delivery of the programme; and if he will make a statement on the matter. [9114/14]

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Written answers

The Local and Community Development Programme (LCDP) is the largest social inclusion intervention of its kind in the State. It superseded the Local Development Social Inclusion and the Community Development Programmes in 2010.

It is a key tool of Government in providing employment supports, training, personal development/capacity building and other supports for the harder to reach in the most disadvantaged areas in society.

The LCDP successor Programme is at design stage and will be based on, inter alia, the main findings of the LCDP Mid Term Review, which was published in October 2013. The Programme will ensure that it remains a locally accessible, frontline intervention for people most difficult to reach in terms of social exclusion and distance from the labour market. It will be overseen and managed by the Local Community Development Committees (LCDCs) of the Local Authorities who will request tenders for its delivery in their areas.

When the tender documentation issues, it will be a matter for any interested company or group to consider whether they wish to submit a proposal to provide the service being sought having regard to the terms and conditions of the tender. All proposals received will be assessed by the LCDCs in accordance with the assessment criteria notified with the tender documentation and the contract or contracts will be awarded on the basis of that assessment.

Community Development Projects

Questions (460)

Gerald Nash

Question:

460. Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government the level of engagement his Department will have with the ILDN and the CCMA in terms of developing proposals around any successor programme to the Local and Community Development Programme; in regard to the Leader programme and in relation to a general operating framework setting out working arrangements between LCDCs and local development companies, if he is concerned that no meetings have taken place between his Department and stakeholders since September of 2013 despite an agreement to develop proposals; and if he will make a statement on the matter. [9133/14]

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Written answers

My Department will continue to have engagement with key stakeholders regarding the development of a successor programme to the Local and Community Development Programme, a new LEADER Programme and working arrangements between LCDCs and partnership companies.

Significant engagement with stakeholders has been undertaken to date and it is not correct that no such meetings have taken place since September of 2013. A range of meetings has been held in that time including, for example, three meetings with the Irish Local Development Network, as well as meetings with community and voluntary sector representatives and local government. A further meeting is scheduled for 6 March with representatives of the Irish Local Development Network and other stakeholders.

Housing Issues

Questions (461)

Gerry Adams

Question:

461. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government when he expects that residents of King's Island in Limerick city, who have been displaced as a result of flooding on 1 February 2014, will be in a position to return to their homes. [9170/14]

View answer

Written answers

My Department is working closely with Limerick City Council and the Office for Regeneration in progressing proposals for the remediation of homes affected by the recent flooding. My Department has been advised by the City Council that a total of 126 houses, of which 103 were occupied properties, were affected to varying degrees by the flooding. While a number of these properties were vacant, the City Council have advised that they are currently providing temporary accommodation to four families who are unable to return to their homes.

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