Written Answers Nos 132-140
132. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding unfinished houses in County Kerry; and if he will make a statement on the matter. [14561/14]
View answerI am chairing the National Co-ordination Committee on Unfinished Housing Developments to oversee implementation of the Report of the Advisory Group on Unfinished Housing Developments, together with the Government’s response to the recommendations. Regular meetings are held between my Department and local authorities under the auspices of the Committee. However, the management of issues relating to unfinished housing developments remain a matter for the individual local authority involved. Each local authority has appointed an Unfinished Housing Development Co-ordinator; contact details can be found on the Housing Agency’s website – www.housing.ie
Until they are taken in charge by the relevant local authority, both finished and unfinished housing developments remain the responsibility of developers or receivers acting on the instructions of funders acting in possession. It is open to residents of the development in question to seek independent legal advices on the issues arising. It is my Department’s understanding that the relevant local authority is engaging with the company in question on this matter.
My Department launched the Public Safety Initiative (PSI) in March 2011, which provided funding to address immediate public safety issues in unfinished housing developments. The types of works that have been approved to date under the PSI include the fencing off of unsecured and hazardous areas, capping of pipes, installation of street lighting and other works to secure sites. Under the PSI, my Department has made allocations totalling €4.5m to local authorities from the funding made available. To date, €3.26m has been drawn down.
The Public Safety Initiative provides funding only in instances where a developer has abandoned the development. However, in circumstances where the developer is merely inactive the responsibility for the maintenance and resolution of issues surrounding the development are matters which need to be addressed between the developer and the relevant stakeholders, and my Department has no remit in this regard.
Also, 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. A Local Property Tax waiver applies to the development in question.
My Department is currently evaluating SRF applications from local authorities. A number of queries have been raised by my Department with local authorities in relation to certain applications. I am conscious of the limited time available to complete SRF projects within the current year and I am hopeful that my Department will be in a position to finalise matters in the coming weeks. I hope that the SRF will enable very substantial progress to be made in resolving as many of the remaining unfinished developments as possible.
133. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he will provide an update on plans to connect homes in an area (details supplied) to the water mains supply in Riverstick, County Cork, as first proposed in 2009; and if he will make a statement on the matter. [14470/14]
View answerThe Riverstick Water Supply Scheme was included for funding under the Serviced Land Initiative measure of my Department’s Water Services Investment Programme 2007- 2009.
In April 2009, my Department, following a review of the Serviced Land Initiative, informed all local authorities that all existing approvals under the initiative, for which contracts had not been signed or letters of intent had issued, were being withdrawn. However, authorities were also advised that where a water services authority was of the opinion that the continuation of an approved scheme for which contracts had not been signed was necessary for the proper development of the area, it was open to the authority to make a case to the Department by the end of May 2009 for the scheme to progress. No such case was made by Cork County Council in relation to the Riverstick Water Supply Scheme and it was not included in my Department’s Water Services Investment Programme 2010-2013.
From 1st January 2014 Irish Water has responsibility for the delivery of water services capital infrastructure. It is currently preparing a Capital Investment Plan for 2014 – 2016. The further progression of all water services capital projects is now a matter for Irish Water. My Department asked Irish Water to put in place specific arrangements to address the queries which public representatives may have in relation to matters pertaining to the operation of water services under the new utility. I understand that Irish Water has made contact with Oireachtas members to outline the arrangements for addressing such queries in a timely manner.
134. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the number of fines that have been issued by local authorities nationwide for a dog fouling offence in the past five years; and if he will provide a breakdown as to the number of fines that have been issued by Dublin City Council, Fingal County Council, South Dublin County Council and Dun Laoghaire-Rathdown County Council for a dog fouling offence in the past five years; and if he will make a statement on the matter. [14510/14]
View answer135. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the duties of a dog warden; the reason a dog warden is not able to fine a person on the spot for a dog fouling offence; if there are any plans to enable dog wardens to do so; and if he will make a statement on the matter. [14511/14]
View answer136. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if consideration has been given to extending the current legislation in relation to dog fouling to include a name and shame policy for offenders and for dog walkers found to be without dog foul removal equipment and bags to be penalised; and if he will make a statement on the matter. [14524/14]
View answerI propose to take Questions Nos. 134 to 136, inclusive, together.
The Litter Pollution Acts 1997 to 2009 provide the statutory framework to combat littering and include provisions relating to dog fouling. Under the Acts, the primary management and enforcement response to littering (including dog fouling) is a matter for local authorities. It is a matter for each local authority to determine the most appropriate course of action to tackle litter pollution locally, within the legislative framework, including the most appropriate public awareness, enforcement and clean-up actions in relation to litter and dog fouling, taking account of its own local circumstances and priorities. Section 16 of the Control of Dogs Act, 1986 sets out the powers of dog wardens. In addition, section 28 of the Litter Pollution Act, 1997 provides that a dog warden, within the meaning of the Control of Dogs Act 1986, may issue a notice or on -the- spot fine to an individual believed to have committed a prescribed offence under the Act.
While my Department does not collate statistics on the number of fines issued by local authorities in relation to specific offences, such as dog fouling offences, data is available under the local authority service indicators report on the number of fines issued generally, along with the number of prosecutions and convictions under the Litter Pollution Acts. The 2012 local authority service indicators report is available at the following link: http://www.lgcsb.ie/en/serviceindicators/2004to2012. Penalties for littering offences are already substantial, ranging from an on-the-spot fine of €150, to a maximum fine of €3,000 on summary conviction and a maximum fine of €130,000 on conviction on indictment. The maximum fines for continuing offences are €600 per day for summary offences and €10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the court to pay the local authority’s costs and expenses in investigating the offence and bringing the prosecution.
The Data Protection Commissioner has indicated to my Department that actions taken by local authorities in publishing the names and addresses of persons fined or convicted as a result of any littering offence, whether by publication on their websites or by notices published in the local press and paid for by the local authority, would be in breach of the principles of data protection contained in the Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003.
I am of the view that there are sufficient penalties in place to deal with the issue of dog fouling when enforced under the Litter Pollution Acts and I have no plans to introduce further legislation at this time. I believe that raising awareness of the litter problem and educating our young people is key to effecting a long-term change in society’s attitudes towards litter disposal but ultimately, it is the responsibility of each individual to ensure that they play their part in preserving the environment for others through the responsible disposal of their litter, including in relation to dog fouling.
137. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will approve funding for a project (details supplied) in County Roscommon under the special resolution fund; and if he will make a statement on the matter. [14551/14]
View answerBudget 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.
My Department is currently evaluating SRF applications from local authorities, including an application for funding in respect of the development in question. A number of queries have been raised by the Department with local authorities in relation to certain of the applications. I am conscious of the limited time available to complete SRF projects within the current year and I am hopeful that my Department will be in a position to finalise matters in the coming weeks.
I hope that the SRF will enable very substantial progress to be made in resolving as many of the remaining unfinished developments as possible.
138. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his views on correspondence (details provided); if this area in County Kerry will be exempted from water charges; and if he will make a statement on the matter. [14572/14]
View answerI have no responsibility for, or role in relation to, the management, operation or maintenance of water services infrastructure. From 1st January 2014 Irish Water has responsibility for the delivery of these services. The Water Services (No. 2) Act 2013 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 of Irish Water. This is similar to the CER’s statutory role in respect of the gas and electricity sectors.
The CER will be responsible for approving the water charges plans prepared by Irish Water, and for approving codes of practice to be prepared by Irish Water. The codes of practice will cover matters such as the standard of performance, by Irish Water, of its functions and billing by Irish Water of persons in respect of water services provided; the provision of information by Irish Water to its customers; and the making of complaints by its customers. In discharging its functions, the CER may consult with Irish Water, the public, or any other person it considers appropriate. The Commission has already undertaken public consultations on the development of the economic regulatory framework for water services and will be undertaking further consultations during 2014.
My Department asked Irish Water to put in place specific arrangements to address the queries which public representatives may have in relation to matters pertaining to the operation of water services under the new utility. I understand that Irish Water has made contact with Oireachtas members to outline the arrangements for addressing such queries in a timely manner.
139. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the projected timeline for a sewerage scheme (details supplied) in County Kerry; the current position regarding this scheme; the reason for delays in progressing the scheme to construction to date; if his attention has been drawn to the related jobs and construction activity that is being held up until this scheme is in place; and if he will make a statement on the matter. [14604/14]
View answerThe Kilcummin Sewerage Scheme was included in my Department’s Water Services Investment Programme 2010 – 2013 as a scheme to advance through planning during the life of the programme. The most recent proposals from the Council in relation to this scheme were received in my Department in June 2012. Following an examination of the proposals and discussions with Kerry County Council my Department requested further information from the Council. Kerry County Council had not submitted the information requested and the scheme had not progressed to the next stage prior to the transfer of responsibility for the delivery of water services capital infrastructure to Irish Water on 1 January 2014.
Irish Water is currently preparing its Capital Investment Plan for 2014–2016 and this will provide for the transition of projects which were included in my Department’s 2010-2013 Water Services Investment Programme. The further progression of all water services capital projects, including the Kilcummin Sewerage Scheme, is a matter for Irish Water.
My Department asked Irish Water to put in place specific arrangements to address the queries which public representatives may have in relation to matters pertaining to the operation of water services under the new utility. I understand that Irish Water has made contact with Oireachtas members to outline the arrangements for addressing such queries in a timely manner.
140. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if a scheme is in place to provide grant aid to a community development project that wishes to acquire or purchase land or buildings to develop local or community enterprise; if so, the criteria for such a scheme; and if he will make a statement on the matter. [14610/14]
View answerThe purchase of land/buildings is eligible under the LEADER element of the Rural Development Programme 2007-2013 providing the cost does not exceed 10% of the total eligible expenditure of the project concerned. 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 LAGs are the principal decision-makers in relation to the allocation of project funding. While the current programme is fully allocated, I anticipate the commencement of the LEADER element of the new 2014-2020 Rural Development Programme during 2015.
