Written Answers Nos. 643-659
643. Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government if he will provide an update on the roll out of the housing assistance payment scheme as announced in July 2013; the time frame for when this scheme will be rolled out; if he will provide any other relevant details; and if he will make a statement on the matter. [12892/14]
View answerOn 18 July 2013 the Government approved the introduction of the Housing Assistance Payment (HAP). Approval was also given for the provision of funding to the local authorities to cover the cost of accommodating HAP recipients, and it was agreed that the Department of Social Protection (DSP) would provide for the implementation of the mandatory direct deduction of rental contributions from the welfare payments of HAP recipients and local authority tenants. My Department and DSP continue to work closely on the legal, policy and operational issues involved in developing and introducing HAP. On 17 December 2013 the General Scheme of a Housing Bill providing for HAP was approved by Government and the Bill is in preparation, as a priority for enactment to facilitate the implementation of HAP in 2014.
My Department is working closely with key stakeholders in overseeing plans for the implementation of HAP, but more specifically at this stage in relation to the lead authority, Limerick City and County Council, initiating a pilot project by end of Quarter 1 2014. Subject to the required legislation being in place the full HAP scheme will then roll out to the other 6 local authorities (Cork, South Dublin, Monaghan, Kilkenny, Louth and Waterford) identified for participation in the first phase of HAP.
Roll out to the remaining local authorities is scheduled to begin in 2015. During implementation, it is envisaged that authorities will initially focus on taking across new applicants, before moving on a progressive basis to dealing with those already in receipt of rent supplement. It is intended that the pilot and implementation phases will prioritise, as much as possible, the transfer to HAP of long-term unemployed rent supplement recipients, or those who are homeless or in danger of homelessness. This is a reasonable approach to implementation, which will allow any issues that arise to be dealt with in a graduated way and give local authorities sufficient time to scale up the operation of HAP.
644. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the current plans for Ballymun town centre in view of the recent news that a store (details supplied) will be closing down. [12898/14]
View answerThe establishment of Main Street in Ballymun, with significant public sector investment, is one of the major achievements of the regeneration project with a variety of commercial, retail and community facilities.
Planning permission for the redevelopment of the privately owned Ballymun Shopping Centre and the adjoining lands owned by the City Council was granted in September 2009. The proposed redevelopment of the area did not proceed at that time due to the prevailing economic conditions. However, the provision of commercial, retail and other services in Ballymun, and at this prominent site in particular, remains an important objective within the context of the overall regeneration programme.
Dublin City Council continues to liaise with the relevant parties, including NAMA and the Receiver, with the objective of progressing the proposed redevelopment of the existing shopping centre and adjoining lands.
My Department is not aware of any proposal, by the retailer referred to, to close the Ballymun outlet.
645. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 486 of 25 February 2014, when a decision is expected on the proposal by Cluid Housing Association to remediate and complete the units at the Emerald Housing project. [12899/14]
View answerLast month my Department issued approval in principle to Cluid Housing Association to accept the recommended tender for works to remediate and complete the units at the Emerald housing project.
I understand arrangements are currently being finalised for the commencement of these works.
646. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if he will provide details of the publicly owned serviced and rezoned land in Ballymun; and the future plans for this land. [12900/14]
View answerThe regeneration programme at Ballymun has moved into its completion phase and my Department is working closely with the Ballymun Civic Alliance and Dublin City Council to ensure that this project is completed on time and in a manner that protects the substantial investment of public funds to date .
I understand that it is an objective of the current Dublin City Development Plan to prepare a Local Area Plan for Ballymun and that preparatory work has already commenced in this regard . When implemented, this plan will provide the statutory framework for the future development of the Ballymun lands, taking into account the physical, economic, social and environmental priorities and objectives outlined in the strategic documentation developed by Ballymun Regeneration Limited to date.
Detailed information with regard to the extent of all publicly owned and serviced lands in the Ballymun area is not available in my Department.
647. Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government if a policy on social affordability measures for vulnerable customers of the new Water Authority have been developed; when they will be available for publication; and if he will make a statement on the matter. [12901/14]
View answer649. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding the water charge (details supplied); and if he will make a statement on the matter. [12915/14]
View answer666. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government if a person will be liable for water charges if their sole source of water is from a well located on their land; and if he will make a statement on the matter. [13178/14]
View answer667. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government if the water affordability working group have completed their report; if he will make available the report; and if he will make a statement on the matter. [13181/14]
View answerI propose to take Questions Nos. 647, 649, 666 and 667 together.
With effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from its customers in receipt of water services provided by it . Irish Water will not collect charges from any households not connected to a public water supply, including households served by private wells. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers.
The approach to charging will be outlined by Irish Water in a water charges plan to be submitted by it to the CER in line with the provisions of the Act. The CER will be responsible for approving the water charges plan which will set the approaches to charging domestic and non-domestic customers.
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. This includes the examination of issues arising for those with specific medical conditions, which require high water usage. The group comprises officials from my Department and from the Departments of the Taoiseach, Social Protection, Public Expenditure and Reform and Finance. A report will be submitted for consideration by Government based on the group’s examination of the issues involved and the Government will decide on the proposed approaches to be taken in relation to affordability, medical needs and the free allowance.
The Government has committed to the provision of a free allowance, above which charging based on usage would apply. There is no question of people who do not use their free allowance being fined.
The CER will announce its decision on the approved water charges plan in August 2014. 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 a free allowance and any proposed affordability measures.
648. Deputy Nicky McFadden asked the Minister for the Environment, Community and Local Government when the current examination of proposals received from all local authorities for funding for construction of new housing developments will be completed; if there is a timeframe for shortlisting the projects for inclusion in the programme of new house construction over the 2014-16 period; and if he will make a statement on the matter. [12903/14]
View answerEarlier this month I announced the approval of some 56 social housing construction projects with an overall value of some €68 million under the Local Authority housing construction programme for 2014-2015. This new construction programme will deliver 449 new units of accommodation for people on the housing waiting list. Projects were selected for funding approval on the basis of the proposals submitted to my Department by the local authorities, the relative priority afforded to each of these projects and the overall level of housing need locally. On 11 March, my Department notified local authorities of the individual projects to be advanced under this initiative.
650. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if a person is in contravention of Part III Section 6(1)(c) of the Household Food Waste and Bio-Waste Regulations 2013 where there is no company offering such a service, as mandated under Part II Section 5(1) of the same regulations; if they are in contravention does the liability fall to the company that is in contravention of Part II Section 5(1); if the services as required under Part III Section (2)(b) are available in every local authority. [12923/14]
View answerIn line with the objectives of the national waste policy, A Resource Opportunity - Waste Management Policy in Ireland, in terms of maximising the resource potential and minimising the disposal of our waste, the European Union (Household Food Waste and Bio-waste) Regulations 2013 are designed to promote the segregation and recovery of household food waste. The Regulations impose obligations on both householders and waste collectors.
Under articles 4 and 5 of the Regulations, household waste collectors are required to provide, or arrange for the provision of, a separate collection service for food waste from households for population agglomerations in accordance with the following time schedule:
- 1 July 2013 - for population centres greater than 25,000 persons;
- 31 December 2013 - for population centres greater than 20,000 persons;
- 1 July 2014 - for population centres greater than 10,000 persons;
- 1 July 2015 - for population centres greater than 1,500 persons; and
- 1 July 2016 - for population centres greater than 500 persons.
Under article 6, householders are required to ensure either that they:
- source segregate their food waste, keeping it separate from non-biodegradable materials, other waste and contaminants and make it available for collection by an authorised waste collector; or
- subject the food waste to a home composting process; or
- bring the food waste to an authorised facility with a view to its composting or anaerobic digestion or treatment in a way which fulfils a high level of environmental protection.
Enforcement of the Regulations is a matter for the local authorities and in cases where a collector has failed to provide a food waste collection service in a defined brown bin area, affected householders should contact the local authority concerned who have significant enforcement powers under the Regulations to secure compliance by both waste collectors and householders.
651. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government if he will arrange for the full guidelines to be issued to local authorities in respect of the housing aid for older people grant; and if he will make a statement on the matter. [12951/14]
View answerIn January 2014, some changes to the terms and conditions of the suite of Housing Adaptation Grants for Older People and People with a Disability schemes were notified to local authorities. These changes were made on foot of the recommendations of a review group, established in 2013 by my Department to examine the terms and conditions governing the suite of grants. The aim of the review was to target the grants at those in greatest need, spreading the benefits as widely as possible and to ensure fairness and value for money in the operation of the schemes.
Revised guidelines reflecting the changes made to the terms and conditions of the schemes and templates for the revised application forms have been circulated to local authorities.
652. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if radiation from the Fukushima site has been detected here. [12974/14]
View answerWhile my Department has overall policy responsibility for nuclear safety issues, the monitoring of radioactive contamination in the environment is one of the functions assigned to the Radiological Protection Institute of Ireland (RPII).
In this regard, the RPII carries out a rigorous and continuous testing programme to monitor environmental radiation and to ensure that the Institute and my Department are quickly aware of any change in environmental radiation levels in Ireland, and are able to provide the public with any necessary health warnings and protection advice. The testing programme combines round-the-clock measurements from the permanent monitoring network and a programme of sampling followed by laboratory testing. Measurements are taken from the air, the marine environment, food products and drinking water. Data from these monitors is continuously fed back to a central system at RPII and displayed on the RPII’s website: http://www.rpii.ie/Monitoring-Stations.aspx
Following the incident at the Fukushima site, my Department’s National Directorate for Fire and Emergency Management, in conjunction with the RPII, monitored the unfolding events in Japan. In the immediate aftermath of the incident, a national co-ordinating group, comprising the relevant Departments and agencies on the Emergency Response Co-ordination Committee, met a number of times to co-ordinate the response, inter alia, in the areas of food imports, general imports and travel advice.
Following the incident at Fukushima, the RPII detected trace amounts of radioactivity in samples taken during the period March to May 2011, but the amounts here were at levels so low as to be only detectable with highly sensitive radio-analytical instrumentation. As such, they were of no radiological significance in Ireland and accordingly, no protective measures were required. The levels detected were consistent with those measured elsewhere in Europe.
The RPII’s Assessment of the Impact on Ireland of the 2011 Fukushima Nuclear Accident, published in March 2012 and available on the RPII website, concluded that the accident provided a good test of Ireland’s capacity to respond effectively to a nuclear emergency. It demonstrated that a comprehensive monitoring network, capable of measuring even trace levels of radioactivity in the environment, is in place.
My Department participated fully in the international response to the Fukushima incident and used the opportunity afforded by the EU Decision on stress-testing nuclear power plants around Europe to push for the highest safety standards to be applied.
653. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the result of the tendering process for independent planning expertise in the setting up of inquiries into certain planning decisions (details supplied); if any contracts or appointments have been made in respect of those conducting the proposed inquiries; the timeframe he expects the inquiries to follow; if terms of reference have been agreed; if he will make the precise details of these terms known; and if he will make a statement on the matter. [12986/14]
View answerConsequent to the tendering process mentioned, MacCabe Durney Barnes Consultants were appointed to carry out an independent planning review in accordance with section 255 of the Planning and Development Act 2000.
The Terms of Reference require the consultants to undertake a review of planning issues raised in respect of the six planning authorities concerned (Carlow, Cork, Galway and Meath County Councils, and Cork and Dublin City Councils) particularly in relation to the organisation and the systems and procedures used by them in relation to their functions under the Act and to present a report, having regard in particular to the following key aspects:
1) the extent of consistency of policy translation and implementation within development and local area plans, with particular regard to specific cases, including:
a. examining the decision-making process in assessing planning applications and the degree of adherence to the relevant policies in development plan and local area plan policies and statutory planning guidelines, including certain EU Directives, in informing decisions;
b. assessing whether the number of cases appealed to An Bord Pleanála and the number of authority decisions reversed indicate poor application of policy contexts for assessing and deciding on planning applications;
2) the processes and procedures followed in recording and disclosure of information and adjudicating on specific planning applications;
3) recommendations on engagement and cooperation within planning authorities in the context of consistency in decisions and actions taken by planning authorities; and
4) recommendations on the application of development planning policies, and national policy and guidance, in terms of future planning practices.
The consultants may consult with those persons (with their agreement) who raised the planning issues concerned, in order to identify, clarify and understand the planning matters arising that may need to be addressed. The indicative date for the completion of the final report from the consultants is end July 2014.
654. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government if all local authorities are enforcing the stage 1 AA screening report request; the reason for the four week deadline; if there is an appeal mechanism in such cases; and if he will make a statement on the matter. [12988/14]
View answerI assume the Question refers to the matter of a screening for appropriate assessment being sought by a planning authority when considering whether an application for extension of duration of planning permission complies with the provisions of section 42(1)(a)(ii) of the Planning and Development Act 2000.
I am aware that some planning authorities seek a screening for appropriate assessment, in some cases at least, in order to decide whether an appropriate assessment should have been carried out when the initial planning permission was granted.
In such scenario, they do so pursuant to Article 45 of the Planning and Development Regulations 2001, which allows a planning authority to seek further information in connection with an application for extension of duration of permission, and requires the information to be provided within a 4 week period.
I am considering whether any amendment of the law is required in relation to this issue
655. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government if a married couple are exempt from the non principal private residence charge when they have separated and can show proof of living independently in the two separate properties which they own jointly, but they have not secured a judicial separation; and if he will make a statement on the matter. [13010/14]
View answerThe Local Government (Charges) Act 2009 , as amended, provides the legislative basis for the Non Principal Private Residence Charge. The Charge operates on a self-assessment basis. The 2009 Act places the Charge under the care and management of the local authorities, and application in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation may be a matter for legal advice in individual cases and ultimately may be a matter for the Courts.
Section 4 (4 ) of the 2009 Act provides that where a decree of divorce or a decree of judicial separation has been granted in respect of a marriage, a residential property in which a spouse retains an ownership interest but which is occupied by the other spouse as his or her sole or main residence will not attract a liability for the charge in respect of the spouse who does not reside there. There may be instances where the parties to a marriage have entered into a separation agreement but where no judicial recognition as such has been accorded to the separation agreement. If the separation agreement provides as above - i.e. one party is entitled to reside in the residential property free of rent while the other does not reside there but retains a financial interest in it - then the party not residing in the property is not an 'owner' within the meaning of the Act because they are no longer entitled to the rent of the property. In these circumstances, no liability for the charge would apply.
656. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government the measures that are in place within his Department to ensure that at tendering and final procurement stages only notified biocides as set out under S.I. No., 625 of 2001, are purchased by his Department; if he will confirm that only notified biocides are currently being purchased by their respective agencies; and if he will make a statement on the matter. [13011/14]
View answerMy Department does not acquire or purchase biocides as set out in S.I. 625 of 2001.
The acquisition or purchase of biocides by agencies under the aegis of my Department is a day-to-day operational matter for the bodies concerned and is not managed centrally by my Department.
657. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that county and city managers can bring forward draft by-laws without consulting the elected council, that county and city managers can proceed to advertise draft by-laws in the local press without the elected council approving or noting the intention to advertise; and if he will consider introducing regulations or amending the Local Government Act so as to ensure that a county or city manager does not proceed to advertise draft by-laws without the elected council being consulted and without the draft by-laws being noted by the elected council. [13016/14]
View answerThe making of bye-laws by a local authority is provided for in a number of enactments relating to specific matters. Section 199 of the Local Government Act 2001 provides general powers to the Council to make bye-laws where no specific provision is made by or under any other enactment for that particular purpose. The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law made under the 2001 Act are each functions reserved to the elected members.
Bye-laws made under other enactments, including those under the auspices of other Ministers, must be made in accordance with the provisions of the enactments concerned. However, section 131 and schedule 14 of the 2001 Act provide that the making, amending or revoking of a bye-law by a local authority under any other enactment, where the provisions governing such making, amendment or revocation do not provide that it is a reserved function, is a reserved function.
Bye-laws made under enactments under the auspices of other Ministers are a matter for the Ministers concerned.
The Action Programme for Effective Local Government – Putting People First sets out Government policy in terms of rebalancing power from Managers to elected members. These issues are being addressed in the reform programme in the context of the Local Government Reform Act 201 4 which will strengthen oversight of the executive, particularly by virtue of –
The requirement on the chief executive to submit monthly management reports;
The requirement on the chief executive to report, and if requested review, the actions taken or planned to implement the directions of the council in their reserved functions, and the power to direct the chief executive as to the exercise and performance of the reserved function concerned;
The requirement on the chief executive to report on, and if requested review, his/her exercise of executive functions;
A strengthened Corporate Policy Group ( CPG ) , with the Cathaoirleach and Strategic Policy Committee ( SPC ) Chairs being joined by a representative of each municipal district where not otherwise on the CPG;
The requirement on the chief executive to give advice and respond to requests for information to all working levels of elected members below the full council (municipal district, committees); the requirements apply to the full council only at present;
The requirement to present draft policy proposals to the council, or the relevant SPC as appropriate, in a timely manner;
The requirement on the chief executive to have regard to views of elected members as policy is being developed by them, rather than only when it is fully formed;
Inclusion in the Corporate Plan of all policy positions of the council (which are reserved functions) not otherwise captured by policy statements.
In the light of the foregoing, increased oversight by the elected members of the chief executive of the local authority in regard to, inter alia, the preparation of policies discharged as reserved functions, I have no plans to introduce legislation as suggested in the Question.
658. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the number of external or internal policy reports currently that have been handed to him but not yet published; and if he will make a statement on the matter. [13030/14]
View answer659. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government when he will publish reports currently in his possession that have not been published to date; if he will outline in tabular form the reports involved; and if he will make a statement on the matter. [13047/14]
View answerI propose to take Questions Nos. 658 and 659 together.
The information requested is set out in the following table in relation to reports commissioned by my Department since March 2011. Reports of a technical nature, or otherwise used to inform work within my Department, are not published as a matter of course.
|
Consultant/Author etc. |
Name/Description of Report |
Comment |
|
AP Env Econ Limited |
Report on Greening the Economy. |
The report is to be published and will be submitted to Government shortly. |
|
ARUP Consulting Engineers |
Study in respect of provision of fire detection and alarm systems in dwellings. |
Not intended for publication. It is a technical report, to inform work in the Department. |
|
Barrow Archaeological Services |
Archaeological reports on Met Éireann site at Valentia. |
The report is not intended to be published as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility. The report is for internal use only. |
|
Commission for the Economic Development of Rural Areas |
Commission for the Economic Development of Rural Areas report on how to support the economic development of rural Ireland. |
Expected to be published in Q2 2014. |
|
Economic and Social Research Institute (ESRI) |
Affordability aspects of the provision of water services in Ireland and subsequent analysis. |
Report is not intended for publication at this time as it is currently under consideration as part of the discussion around affordability issues that will be addressed by the Department, in consultation with the Department of Social Protection, the CER, Irish Water and other stakeholders, in the context of developing a water pricing framework. |
|
Economic and Social Research Institute (ESRI) & University College Cork (UCC) |
Technical support on developing low carbon sector roadmaps for Ireland. |
The project relates to technical support, with no formal document due for publication. Consideration will be given to releasing the technical background work on roadmapping for the purposes of consultation on the draft National Low-Carbon Roadmap. |
|
EPA |
Article 29(2) Report on Progress on Implementation of the EC (Good Agriculture Practices for the Protection of Waters) Regulations 2010. |
This report will be published in the first half of 2014 |
|
Flynn Furney Consultants Ltd |
Environmental Management Services re: review of CEMP at Valentia Site (Method Statement). |
The report is not intended to be published as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility. The report is for internal use only. |
|
Glas Ecology |
Environment Management Plan (Breeding Chough and Peregrine Survey, Valentia Island, Co. Kerry). |
The report is not intended to be published as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility. The report is for internal use only. |
|
Housing and Sustainable Communities Ltd. |
Toolkit for Local Authorities on regeneration. |
Not intended for publication. This was a report intended to provide assistance to Local Authorities in drawing up proposals for the regeneration of their areas.. |
|
Housing and Sustainable Communities Agency |
Business Process Design of the Housing Assistance Payment. |
Not intended for publication at this time pending enactment of the Housing Bill 2013. |
|
Housing and Sustainable Communities Agency |
Review of leasing model. |
The Report will be published following completion of the review process in the context of the development of a strategy for social housing later in 2014. |
|
Housing and Sustainable Communities Agency |
Review of CALF assessment process. |
The Report will be published following completion of the review process in the context of the development of a strategy for social housing later in 2014. |
|
Indecon |
Assessment of Potential Merits of New Initiative re Purchase of Local Authority Houses by Existing Tenants |
Not intended for publication. |
|
Malachy Walsh & Partners |
EIS Screening Report for site at Valentia. |
The report is not intended to be published as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility. The report is for internal use only. |
|
National Standards Authority Ireland (NSAI) |
Audit reports for ISO9001:2008 in 2011 and 2012. |
Not intended for publication. |
|
Pembroke Communications |
Advise on, and assist tendering process for, Tidy Towns sponsorship. |
No formal report due for publication. |
|
RPS |
Provision of expertise concerning Strategic Environmental Assessment and Appropriate Assessment techniques for the evaluation and revision of Regional Waste Management Plans. |
No formal document due for publication. The work comprises principally advice, guidance documents and technical expertise. |
|
Version 1 |
Evaluation of ICT Disaster Recovery configuration and capability. |
Not intended for publication. |
