Written Answers Nos. 257-274
257. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government whom can residents contact if Irish Water damages their property while installing water meters; and the realistic options they have. [11069/14]
View answer273. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the reason Irish Water and the contractors hired to install meters are refusing to compensate a person (details supplied) for damage done to their home as a result of flooding caused during the installation of water meters. [10570/14]
View answerI propose to take Questions Nos. 257 and 273 together.
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 provided for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigned the necessary powers to allow Irish Water to undertake the metering programme.
It was always anticipated that in the course of installing meters, pre-existing leaks and other latent defects due to the age or condition of the water pipes would be discovered. Accordingly, where a leak occurs, it is not necessarily the case t hat it was caused by Irish Water’s contractors. The meter installation programme gives Irish Water a strong starting point for mains rehabilitation by enabling the discovery of pre-existing leaks and helping to target more effective investment in leak repair. In order to ensure that there was no delay to the metering project and that no local authority was financially disadvantaged by having to redeploy resources, my Department provided funding to contribute towards this expenditure incurred between the start of the metering programme and 31 December 2013. From 2014, the cost of these repairs is part of the operating costs of Irish Water, who can be contacted directly in the event of issues arising. Householders who have queries about the metering programme can contact Irish Water’s Call Centre by telephone at 1890 278 278. Irish Water has confirmed to my Department that it is aware of the case referred to question No 273 and can confirm that the matter is currently under investigation.
259. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment, Community and Local Government if he will confirm that under SI 9 of 2014, Building Control (Amendment) Regulations 2014, one can no longer self-build or construct a house by direct labour; if he will confirm that only registered builders can now carry out such construction; and if he will make a statement on the matter. [10258/14]
View answer268. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government his views on the impact the building control regulations to be introduced on 1 March will have on persons who are planning to build their own homes. [10487/14]
View answer269. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government his views on the claim that the building control regulations to be introduced on 1 March will add €50,000 to the cost of building an average house; and if he will make a statement on the matter. [10488/14]
View answer285. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding SI 9 of 2014, Building Control (Amendment) Regulations 2014; and if he will make a statement on the matter. [10792/14]
View answerI propose to take Questions Nos. 259, 268, 269 and 285 together.
I wish to state clearly and unequivocally that self-build and building by direct labour arrangements continue to be possible under the new Building Control (Amendment) Regulations 2014, which came into operation on 1 March 2014. The Building Control Act 1990 places a statutory obligation on owners, designers and builders to design and construct buildings in compliance with the requirements of the Building Regulations. These statutory obligations apply to all sectors of the housing and construction market, including the self-build sector. The new 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.
In a self-build situation the legal responsibilities of both the owner and the builder will rest with the self-builder. An owner who intends to self-build will, therefore, prior to commencement, notify the building control authority that they are the builder and also sign and lodge the new form of undertaking by the builder. By signing the notice and the undertaking, the self-builder declares that they will ensure that they construct the dwelling in accordance with the design as certified; that they and any persons employed or engaged to undertake any part of the works will be competent to undertake such works; that they will cooperate with the inspection plan prepared by the Assigned Certifier (a registered construction professional who must be engaged during construction to inspect and certify the building); and that they will take all reasonable steps to ensure they will certify the works, in conjunction with the assigned certifier, on completion. An extensive public consultation process was undertaken in 2012 to inform the development of the new regulations. Comprehensive consultation documents were published including Strengthening the Building Control System - A Document to inform public consultation on Draft Building Control (Amendment) Regulations 2012, which sets out the context in which the new regulations will operate and their impact on building owners and industry stakeholders. This document remains available on my Department’s website.
In summary terms, the regulations may result in additional design, inspection, certification and, possibly, insurance costs which must ultimately be borne by the building owner. Such additional costs would be justified by the enhanced quality and standard of design and construction of the building project concerned in light of several notable instances of non-compliant buildings which failed to meet minimum building standards. It is anticipated that the statutory inspection process will reduce the incidences of defective works on site and the resultant associated costs of carrying out remedial works will reduce accordingly.
Owners will now be required to assign a competent registered professional to inspect and certify the works. For buildings where this would not previously have been the case, industry sources suggest this requirement could add between €1,000 to €3,000 per housing unit to the overall building costs although in reality actual cost will be decided by market forces.
261. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government if he will reconsider the decision to transfer management of local development programmes such as Leader or the local community development programme, LCDP, to the proposed local community development committees which will be established in each local authority area (details supplied); and if he will make a statement on the matter. [10327/14]
View answer271. Deputy Ciara Conway asked the Minister for the Environment, Community and Local Government if he will examine correspondence (details supplied); if he will consider re-examining the proposal to remove contracts locally; if he will consider change and reform as suggested by building and reforming local action groups, LAGs, by incorporating them into organisations such as the one mentioned rather than terminating the work they do and transferring it to local authorities; if he will engage with local groups on this issue; and if he will make a statement on the matter. [10504/14]
View answerI propose to take Questions Nos. 261 and 271 together.
The process of enhancing the alignment between Local Government and Local Development is about maximising use of scarce resources, while drawing on the capacities that exist both in local government and in the local development sector. Local Community Development Committees will be established in each local authority area over the coming months in line with the provisions in the recently enacted Local Government Reform Act 2014. These Committees will bring together both statutory and not-statutory partners, including the community sector, to bring greater co-ordination to area-based activity in their respective areas. The Committees will have responsibility for community and local development programmes funded by my Department and I am confident they will bring a strong, strategic focus to their implementation. This implementation will involve local development actors and, therefore, the skills and experience that has been built up will continue to be available and utilised locally.
In the case of the Local Community Development Programme and in accordance with public procurement rules, the Local Community and Development Committees will procure the programme locally. While I cannot pre-empt the outcome of such a procurement process, I expect, given their experience in the area, that the Local Development Companies will apply to deliver the programme in their areas. Changes involved in the current reform processes are challenging; however, I believe that change is necessary to ensure the optimum use of scarce resources, especially for valuable local development funding. The process has already involved a high level of engagement with the representatives of partnership companies and this will continue as the reforms are embedded locally.
262. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the amount that has been allocated to each local authority to support the gateway local authority activation scheme; if he will outline same on an authority basis; and if he will make a statement on the matter. [10329/14]
View answerMy colleague the Minister for Social Protection has put in place an initiative called Gateway to provide short-term quality working opportunities in local authorities for those on the live register for a minimum of two years. Gateway is fulfilling the obligation in the Government’s programmes Pathways to Work and the Action Plan for Jobs which sets out specific commitments to widen and deepen the way in which local authorities support labour market activation schemes. The recruitment process is currently underway in most local authority areas and it is anticipated that there will be 3,000 placements in local authorities by end 2014. As Gateway is providing short-term quality and suitable work opportunities for unemployed people who are economically, educationally or socially disadvantaged while at the same time assisting in their personal, educational and social development by carrying out beneficial work within communities, €2m has been allocated from the Dormant Accounts Fund , in 2014, to support the training and equipment needs of the Gateway participants placed within local authorities. Payments to individual local authorities will be made on the basis of placements provided and taken up by participants locally.
Following discussions with the County and City Managers’ Association, each local authority has been assigned a provisional target for placements relative to its size, as set out in the following table. The emphasis is on meeting the sectoral target of 3,000 nationally and accordingly there is a degree of flexibility in the attainment of the local targets, having regard to differences in scale, demand and capacity at local level.
|
Local Authority |
Local Authority Target |
|
Carlow County Council |
55 |
|
Cavan County Council |
55 |
|
Clare County Council |
80 |
|
Cork City Council |
110 |
|
Cork County Council |
215 |
|
Donegal County Council |
80 |
|
Fingal County Council |
215 |
|
Dun Laoghaire/Rathdown County Council |
110 |
|
Dublin City Council |
295 |
|
Galway City Council |
55 |
|
Galway County Council |
80 |
|
Kerry County Council |
80 |
|
Kildare County Council |
110 |
|
Kilkenny County Council |
80 |
|
Laois County Council |
55 |
|
Leitrim County Council |
55 |
|
Limerick Local Authorities |
110 |
|
Longford County Council |
55 |
|
Louth County Council |
80 |
|
Mayo County Council |
80 |
|
Meath County Council |
110 |
|
Monaghan County Council |
55 |
|
Offaly County Council |
55 |
|
Roscommon County Council |
55 |
|
Sligo County Council |
55 |
|
South Dublin County Council |
215 |
|
Tipperary Local Authorities |
80 |
|
Waterford Local Authorities |
80 |
|
Westmeath County Council |
80 |
|
Wexford County Council |
80 |
|
Wicklow County Council |
80 |
|
Total |
3,000 |
263. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when a group (details supplied) in County Galway will receive funding for its project; and if he will make a statement on the matter. [10401/14]
View answerIn line with the ‘bottom-up’ approach to rural development under the LEADER elements of the Rural Development Programme 2007-2013, there are 35 Local Development Companies (LDCs) contracted, on my Department’s behalf, to deliver the LEADER elements of the Rural Development Programme 2007-2013 (RDP) throughout the country. The LDCs 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. The LDC for the Galway areas outside of the Gaeltacht and Connemara is Galway Rural Development Company Ltd. (GRD). I understand that GRD received an application in respect of the project in question which could not be progressed due to insufficient funding being available.
Where a project promoter is dissatisfied with a decision of the LAG a review can be requested and in line with the RDP Operating Rules where the applicant is dissatisfied with the outcome of the LAG review they have the right to appeal the decision to a Regional Inspector in my Department. The Regional Inspector will review the decision of the LAG in respect of the process and procedures it followed in coming to the original decision, in performing the review and the LAG’s interpretation of the relevant national/EU regulatory requirements.
264. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment, Community and Local Government the amount contractors (details supplied) are being paid per meter installed by Irish Water; if he will provide an analysis of what the average payment per meter installed is; if he will investigate whether there is profiteering by the contractors with regard to the margin being made by them relative to the price they pay to the subcontractors who actually carry out the work; and if he will make a statement on the matter. [10408/14]
View answer265. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment, Community and Local Government the reason subcontractors to the main contractors who won the contracts to install water meters are being forced to purchase new white vans and have the Irish Water logo printed on them at their own expense; his views on whether this is an unnecessary expense and will eventually be borne by those who will pay water charges; and if he will make a statement on the matter. [10409/14]
View answer267. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government his views on the old metal water cover lids and brackets that are being replaced with the new plastic covers in the course of water metering; the number of these covers that are being replaced; the person responsible for their disposal; where are they being disposed of; and the person that receives the proceeds if there has been a monetary gain. [10432/14]
View answerI propose to take Questions Nos. 264, 265 and 267 together.
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 provided for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigned the necessary powers to allow Irish Water to undertake the metering programme.
The water meter installation programme commenced in August 2013 and the approved budget for the programme is €539 million (excluding VAT) which includes the supply of materials and the installation work by contractors operating in eight regions. The management of the procurement process, including the payment structure to contractors, is a matter for Irish Water. There are four regional contractors appointed to the programme covering the eight regions nationwide. All of the contracts were awarded in full compliance with public procurement rules. The hiring of subcontractors is undertaken by the regional contractors in accordance with the pay and employment conditions of the contracts set out by Irish Water. Irish Water carries out compliance checks on the contractors to ensure that they are meeting all terms. The contracts stipulate that contractor vehicles must be in a clean and damage-free state, be coloured white with high visibility rear chevron markings and co-branded with the Irish Water logo. This is to ensure that contractors are easily identifiable to the public for security and safety reasons. This stipulation was clearly stated in the tender documents. The contracts do not state that these vans need to be new.
The contractors are responsible for the disposal of any existing material on site that cannot be reused. This disposal must occur in accordance with their waste management plans as submitted to Irish Water and the contractors must obtain the relevant waste collection permits and waste facility permits. The contractor’s HSQE (Health, Safety, Quality and Environment) audit team inspect each crew on a weekly basis, and part of this audit includes verifying that waste legislation is complied with.
266. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government the position regarding the funding provided to Dublin City Council for a brief for the appointment of consultants to prepare a preliminary report for the Pembroke-Rathmines drainage scheme; the amount of funding made available in 2013 for same; if he will arrange for the procurement process set in train by the city council for the appointment of consultants to be continued immediately under Irish Water; and if he will make a statement on the matter. [10429/14]
View answerThe 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. No funding was drawn down by the City Council in 2013 in respect of this scheme. From 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 included in the 2010 – 2013 Water Services Investment Programme. The further progression of all water services capital projects is a matter for Irish Water.
270. Deputy Jonathan O'Brien asked the Minister for the Environment, Community and Local Government if local authorities or An Bord Pleanála have any powers under existing legislation to compel developers to refrain from knocking trees in the process of developing; if failure to comply with such an order given by a local authority or An Bord Pleanála constitutes a breach of planning legislation; the penalties that would attach to such a breach; and if a developer can be compelled to restore trees knocked in contravention of such an order. [10489/14]
View answerA planning authority, or An Bord Pleanala in the case of strategic infrastructure development, may, when granting planning permission, place conditions on the grant which may include the protection of trees on the site which is the subject of the permission. In order to protect certain trees, the local authority may, by resolution, make a tree preservation order under section 205 of the Planning and Development Act, 2000 (as amended). Failure to comply with the conditions of a planning permission or a tree preservation order are prosecutable offences which can, on summary conviction, result in a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months, or both. There is no provision in the Planning and Development Act 2000 whereby a developer can be compelled to restore trees knocked in contravention of a planning permission or a tree preservation order.
274. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government the exact cost of the proposed water supply project Dublin region; if other options have been explored in terms of cost and efficiency; and if he will make a statement on the matter. [10585/14]
View answerI refer to the reply to Question No. 174 of 20 February 2014, which outlines the background to this project. Various options for delivering the scheme were examined during the studies referred to in that reply. If the project proceeds successfully through the planning process, the exact cost will only be available when Irish Water completes the procurement process.
