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Tuesday, 8 Apr 2014

Written Answers Nos. 354-376

Property Tax Yield

Questions (354, 355, 392)

Kevin Humphreys

Question:

354. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if local authorities will receive 80% of the local property tax collected in their areas in 2015; and if he will make a statement on the matter. [16579/14]

View answer

Kevin Humphreys

Question:

355. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if his Department and the Revenue Commissioners engaged in discussions regarding the way any specific local authority will vary the rate of local property tax in their area; if each local authority will receive 80% of the LPT raised in their area; the way it is envisioned that local authorities will draw up their budgets and any proposed rate reduction if they are not aware of the specific allocations they will receive from the proceeds of the LPT for 2015 remitted to the local government fund; and if he will make a statement on the matter. [16582/14]

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Kevin Humphreys

Question:

392. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if his Department engaged in discussions with the Revenue Commissioners and the Department of Finance regarding any specific local authority will vary the rate of local property tax in their area; if his Department indicated to each local authority that they will receive 80% of the LPT raised in their area and specifically the amount for the fiscal year 2015; the way it is envisioned that local authorities will draw up their budgets and any proposed rate reduction if they are not aware of the specific allocations they will receive from the proceeds of the LPT for 2015 remitted to the local government fund; and if he will make a statement on the matter. [16583/14]

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Written answers

I propose to take Questions Nos. 354, 355 and 392 together.

The Government has indicated an intention to move to 80% retention of all Local Property Tax receipts within the local authority area where the tax is raised. This year t he estab lishment of Irish Water presents local government with significant organisa tional and financial challenges. Service provision responsibilities are moving from the local authorities to Irish Water, infrastructure is being transferred, financing arrangements have altered and local authorities are operating on behalf of Irish Water under Service Level Agreements. These changes must be managed. In this context, it was necessary to defer defining a certain proportion of the proceeds of the Local Property Tax to be retained in each local authority for 2014. I expect the Local Property Tax to have multiple benefits, including a more sustainable and resilient system of funding for local authorities and, therefore, a sounder financial footing for the provision of essential local services; greater local scope for financial decision-making concerning service provision; and a strengthening of democracy at local level with a more active relationship between local authorities and local electorates. A stronger democratic relationship and clearer lines of accountability can only have a beneficial impact on service provision from the perspective of the service user.

Under section 20 of the Finance (Local Property Tax) Act 2012, a local authority may, as a reserved function, and subject to any Regulations made under the section, resolve to vary the rate of the Local Property Tax (LPT) within its functional area by a maximum of +/- 15%. This power will be available to local authorities effective from 2015, as the relevant sections of the Act will come into operation on 1 July 2014 . The inclusion of this local variation mechanism from 2015 will further increase the autonomy of local authorities. The Revenue Commissioners must be notified no later than 30 September 2014 of the details of any decision made in respect o f the l ocal adjustment factor for 2015 and I understand that Revenue reminded local authorities of this requirement recently. I also understand that the Revenue Commissioners released details of the levels of LPT collected in local authority areas in 2013 earlier this year, which should provide a useful information source for local authorities; it is available at http://www.revenue.ie/en/press/2014/pr-180214-lpt-household-charge.html .

The changes being made to the current local government funding model, are significant and it is essential that the impacts are fully assessed and that the effect on overall Exchequer funding is managed appropriately. My Department will continue to engage with all relevant Departments and Agencies in this regard. There will be changes to the 2015 budget process for local authorities arising from EU obligations, which will require local authorities to prepare draft budget strategies by the end of September 2014. My Department will continue to work with local authorities to ensure that they have an appropriate level of information, including in relation to LPT retention, to facilitate this deadline being achieved.

Regulatory Bodies

Questions (356)

Clare Daly

Question:

356. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to allegations that the Galway Clinic in Doughiska was operating as a medical facility outside the legal requirements for dealing with radioactive waste from isolation rooms and had failed to register with the Radiological Board of Ireland; and the steps he will take to deal with this situation [16663/14]

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Written answers

I can confirm that the Galway Clinic, Doughiska, County Galway has been licensed by the Radiological Protection Institute of Ireland (RPII) for diagnostic, nuclear medicine and radiotherapy services involving sources of ionising radiation, and associated radioactive waste management practices, since it opened in 2004. The hospital is subject to regular inspections by the Radiological Protection Institute of Ireland during which compliance with legislative and licensing requirements is assessed by RPII inspectors.

Foreshore Licence Applications

Questions (357)

Patrick O'Donovan

Question:

357. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will provide in tabular form by county, the number of applications that are with his Department for applications for lease, licence or permission under the Foreshore Act 1933; the number of those applications over six and 12 months; the maximum waiting time for each county; and if he will make a statement on the matter. [16717/14]

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Written answers

The information requested is being compiled and will be forwarded to the Deputy as soon as possible.

Local Authority Housing

Questions (358, 359)

Bernard Durkan

Question:

358. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which provision can be made to revive the local authority house building programme without impacting negatively on the Government’s balance sheet; if the launch of a specific bond will be considered in this context; and if he will make a statement on the matter. [16795/14]

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Bernard Durkan

Question:

359. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which the economic impact of a vastly diminished public housing stock which he inherited has been noted by his Department with a view to putting in place the necessary corrective measures without interfering with the integrity of the Government’s balance sheet; and if he will make a statement on the matter. [16796/14]

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Written answers

I propose to take Questions Nos. 358 and 359 together.

I am determined to ensure that my Department's social housing programme optimises the delivery of social housing and the return for the resources invested. To achieve this, it is essential that we tailor the use of available Exchequer supports to prevailing conditions and explore the full range of solutions to address housing needs. The financial parameters within which we continue to operate will not facilitate a return to large-scale capital funded construction programmes. Earlier this year, I signalled a return to modest levels of new social housing construction with an announcement of 1,000 new housing starts over the 2014-2015 period. Notwithstanding this, the Government acknowledges the need to respond more quickly and on a larger scale to social housing support needs through a variety of mechanisms. To maximise the social gain from constrained resources, the social housing leasing initiative and the Rental Accommodation Scheme each play their part and I am fully committed to capturing social gain from private developments. Alongside expanding the role of the Approved Housing Bodies (AHBs) in terms of acquisition and construction, other mechanisms will include options to purchase within the leasing model and build to lease. In 2014, funding for housing, at over €587 million, is effectively maintained at 2013 levels. This includes a €50 million capital stimulus to support construction and related programmes, primarily in the housing area, including €30 million to recommence a State house building programme; €10 million for an unfinished housing estate resolution project; and €10 million for housing adaptation grants. I expect the final output across all social housing programmes for 2014 to be in the region of 5,000 new housing units.

Last 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 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 Budget Day 2014, I announced details of a new measure with funding of €15 million which will be invested in bringing some 400 vacant and boarded-up local authority houses back into productive use. My Department is currently assessing the proposals recently received from local authorities under this programme and I will announce details of the funding allocations as soon as possible. I also intend to announce details shortly of the allocations to local authorities under my Department's Capital Assistance Scheme for the construction and acquisition of housing for persons with specific categories of need over the 2014-2015 period. Some €35 million is being set aside for this programme which is intended to deliver in the region of 230 new homes.

My Department, the Housing Agency and NAMA continue to work together with housing authorities and AHBs towards bringing suitable NAMA units into social use and to ensure continued delivery of housing units for social purposes. AHBs will also play a key role in the delivery of social housing, particularly having regard to their capacity to attract external financial investment. It continues to be my objective to maximise the delivery of social housing using all of the resources available, including potentially social housing bonds and social impact bonds.

Water Quality

Questions (360, 395)

Mattie McGrath

Question:

360. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government his position regarding the ongoing difficulties caused by the presence of hard-water that are being experienced by residents of Clonmel North County Tipperary; if he will provide assurances that such residents who are affected will have necessary exemptions from any water tax costs which they would ordinarily incur; and if he will make a statement on the matter. [16873/14]

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Barry Cowen

Question:

395. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government in areas where there is a high lime content in the local water supply, if he will consider introducing a grant for water consumers to purchase water softeners to reduce the lime content. [16611/14]

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Written answers

I propose to take Question Nos. 395 and 360 together.

Since 1 January 2014, Irish Water is responsible for the operation of water services infrastructure and for the provision of drinking water in accordance with the European Communities (Drinking Water) (No.2) Regulations 2007, a copy of which is available in the Oireachtas library. The Environmental Protection Agency (EPA), as the water quality regulator, is the supervisory authority for public supplies under the Regulations.

Under the Regulations, 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 and the minerals associated with hard water are not included as parameters in the quality standards specified in the Regulations as they do not pose as a threat to human health. Even though hard water is safe to drink and meets the required drinking water standards, some households may choose to soften their supply but this is a matter of personal choice.

Building Regulations Compliance

Questions (361, 362, 394)

Clare Daly

Question:

361. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the reason there is no provision for a self builder to sign a certification of compliance and completion, particularly where a number of those persons would be registered with the National Guild of Master Craftsmen, rather than the register of builders of the Construction Industry Federation. [16879/14]

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Billy Timmins

Question:

362. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government if he will amend the building regulations which came into operation on 1 March 2014, to exclude one off housing; and if he will make a statement on the matter. [16940/14]

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Paul Connaughton

Question:

394. Deputy Paul J. Connaughton asked the Minister for the Environment, Community and Local Government the reason he is stating that persons can elect to self-build under the new building control regulations when prospective self-builders in County Galway are being informed that Galway County Council will not accept self-builders as assigned builders unless they are the principal or director of a building company or unless the documentation is changed and Galway County Council is notified of this as if people strike out the line relating to being the director of a company on the undertaking by the builder a challenge may later be taken to the legality of the document; and if he will make a statement on the matter. [16605/14]

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Written answers

I propose to take Questions Nos. 361, 362 and 394 together.

I refer to the reply to Question No. 132 of 26 March 2014 which addresses comprehensively the use of the statutory certificates in a self-build scenario. The Building Control (Amendment) Regulations 2014 do not require the use of builders who are registered with the Construction Industry Federation (CIF). Owners however have a duty of care to appoint competent persons to work on site and it is in this context that reliance on industry registers may be of assistance to them. The CIF is in the process of setting up a voluntary register known as the Construction Industry Register Ireland (CIRI) and the Government is committed to placing this register on a statutory footing in 2015. While no legislative proposals for the statutory register have been devised as yet, it is not intended that any such proposals would confine or restrict either self-build or one-off housing.

Galway County Council were correct to indicate, when asked, that the wording of the certificates may not be varied or amended by any signatory as the certificates are prescribed forms. However, the Regulations place no restriction on self-build but an owner who undertakes to act as builder should be satisfied that they are competent to do so. A building control authority has no role in approving or rejecting the assignment, which, as indicated, is the responsibility of the owner. I understand that, Galway County Council has now responded definitively to the persons concerned along the lines outlined above

Local Authority Housing

Questions (363)

Michael McGrath

Question:

363. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the position regarding local authorities providing loans to persons to purchase private properties; if he will provide a list of local authorities participating in any such scheme; and if he will make a statement on the matter. [15972/14]

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Written answers

There are two types of house purchase loan available from all local authorities: standard annuity loans targeted at lower income first time buyers and those under the Home Choice Loan scheme which are available to qualifying middle income first time buyers affected by the credit crunch. The terms and conditions governing the operation, including eligibility terms, of annuity mortgages and the Home Choice Loan are set out under various Regulations such as the Housing (Local Authority Loans) Regulations 2009, the Housing (Home Choice Loan) Regulations 2009 and, most recently, the Housing (Local Authority Loans) Regulations 2012. These are available on my Department's website; http://www.environ.ie/en/DevelopmentHousing/Housing/HousingLegislation.

EU Regulations

Questions (364)

Terence Flanagan

Question:

364. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if there will be any services put into place for assisting steel fabrication companies in Ireland with adopting the standards enacted by the EU construction products regulation, and in managing the costs of implementing the regulation; and if these services will follow the same structure as the grant systems available for steel producers in the United Kingdom through the Manufacturing Advisory Service; and if he will make a statement on the matter. [15995/14]

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Written answers

Under the Construction Products Regulation, which came into full effect across the EU on 1 July 2013, all construction products covered by a European Harmonised Standard require a Declaration of Performance and be CE marked before such products can be placed on the market. From 1 July 2014 , the requirements of the Construction Products Regulation will apply to steel fabricators covered by I.S. EN 1090-1:2009.

A European Harmonised Standard for steel - EN 1090-1:2009 Execution of steel structures and aluminium structures - Part 1: Requirements for conformity assessment of structural components was approved by the Comité Européen de Normalisation (CEN – the European Committee for Standardi s ation) on 15 June 2008 and was first published on 1 July 2009. The standard was subsequently published by the National Standards Authority of Ireland on 9 September 2009. The standard's applicability date as a harmonised European standard was 1 January 2011 as agreed by the European Commission in consultation with Member States. Subsequently, the European Commission extended the standard's applicability date as it recognised that there were a large number of small steelwork fabricators who would benefit from the extra time. It was anticipated that the sector needed a little more time to adapt and prepare, and agreed on 1 July 2014 as the date of the end of the co-existence period. Accordingly, with the co-existence period coming to an end, CE marking will be mandatory for fabricated structural steelwork in accordance with I.S. EN 1090-1 placed o n the market on or after 1 July. I understand that the Manufacturing Advisory Service in the United Kingdom provide advice and a small amount of funding to steel fabricators to assist them with compliance; there is no similar funding available in Ireland. However, my Department has been working with a broad range of stakeholders to ensure t he industry was aware and prepared for the implementation of the Construction Products Regulation in Ireland. My Department understands from discussions with a number of industry sources that a significant number of steel fabricators operating in the State are well advanced in establishing the systems necessary to comply with their obligations under the Construction Products Regulation and, more specifically, the requirements of I.S. EN 1090-1:2009.

Motor Tax Exemptions

Questions (365, 366)

Seán Fleming

Question:

365. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the number of motor vehicles in the possession of his Department or agencies of his Department that are not required to hold motor tax; and if he will make a statement on the matter. [16027/14]

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Seán Fleming

Question:

366. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the number of motor vehicles in the possession of his Department or agencies of his Department that do not hold an insurance policy; the manner in which insurance claims arising in respect of vehicles in the possession of his Department or its agencies are handled; the amount of insurance claims paid on behalf of his Department in each of the past five years; and if he will make a statement on the matter. [16043/14]

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Written answers

I propose to take Questions Nos. 365 and 366 together.

My Department does not possess any official vehicles and does not hold information in relation to official vehicles in the possession of agencies under its aegis.

Information in relation to any vehicles which were in my Department’s possession prior to mid-2011, by virtue of the then Department’s heritage responsibilities, is being provided by the Department of Arts, Heritage and the Gaeltacht.

The following amended reply was received from the Department on 10 April 2014.

Met Éireann operates seven official vehicles which do not hold an insurance policy. Claims arising from accidents involving those vehicles are processed through and paid by the State Claims Agency, which is then reimbursed by Met Éireann. In the past five years there has been one claim, which occurred in 2013, and amounted to €1,310.65 in total costs.

Met Éireann claims an exemption from motor tax in respect of all these vehicles with appropriate tax discs issued by the relevant local authority.

Election Management System

Questions (367)

Luke 'Ming' Flanagan

Question:

367. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment, Community and Local Government if the positions of invigilator at polling stations for the European and local elections 2014 can be filled by those on the live register of unemployed; his views on whether this would be a positive, if small, step to include those who are currently excluded from work and income in our society; and if he will make a statement on the matter. [16125/14]

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Written answers

The primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. Within that framework, local returning officers are responsible for all matters in connection with the actual conduct of elections and referendums, including the selection, appointment and training of polling station and count staff in accordance with the relevant provisions of electoral law.

My Department routinely issues guidance to Returning Officers in advance of each election and referendum. The guidance issued for the European Parliament and local elections being held on 23 May 2014 emphasises that the smooth conduct of polls is dependent on maintaining a cadre of sufficiently skilled and experienced people. Having regard to that overall objective, returning officers are advised to employ competent and efficient persons as polling and count staff and asked to give consideration, where possible, to employing suitable persons who are unemployed, particularly for the position of polling clerk where the responsibilities of the post can be fulfilled under the guidance of the Presiding Officer.

Acht na dTeangacha Oifigiúla

Questions (368)

Éamon Ó Cuív

Question:

368. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Comhshaoil, Pobail agus Rialtais Áitiúil cén méid airgid a caitheadh in 2013 ar aistriú doiciméad ó Bhéarla go Gaeilge nó ó Ghaeilge go Béarla, agus ó theangacha eile go Béarla agus ó Bhéarla go teangacha eile, faoi seach; cad ba chaiteachas iomlán riaracháin na Roinne sa bhliain 2013; agus an ndéanfaidh sé ráiteas ina thaobh. [16135/14]

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Written answers

Tá an fhaisnéis á thiomsú ag mo Roinn agus seolfar an t-eolas chuig an Teachta chomh luath agus is féidir.

Seniors Alert Scheme

Questions (369)

Michael McCarthy

Question:

369. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government the amount of funding available for the senior alert scheme in 2014; and if he will make a statement on the matter. [16162/14]

View answer

Written answers

The Seniors Alert Scheme aims to encourage community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, of limited means, to continue to live securely in their homes with confidence, independence and peace of mind. The Scheme is administered by local community and voluntary groups with the support of my Department. The allocation for the Seniors Alert Scheme for 2014 is €2.35 million which is sufficient to meet current demand levels for this important scheme.

Rental Accommodation Scheme Administration

Questions (370, 382)

Richard Boyd Barrett

Question:

370. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will provide a report on the rental accommodation scheme programme to include the following information, the number of RAS tenancies per local authority, the rent being pain in each with details of family size, the number of RAS tenants that have notices to quit and the number of these that are overstaying the date on the notice to quit. [16202/14]

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Joe Higgins

Question:

382. Deputy Joe Higgins asked the Minister for the Environment, Community and Local Government the amount of money spent on the rental accommodation scheme in each of the local authority areas from 2011 to 2014, inclusive. [16493/14]

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Written answers

I propose to take Questions Nos. 370 and 382 together.

The Rental Accommodation Scheme (RAS) commenced in late 2005 and to the end of February 2014 some 48,503 households have been transferred from Rent Supplement to RAS and other social housing options. My Department does not hold information on the number of households in RAS at any given time. Numbers in RAS constantly vary as contracts end, tenants move on to other properties, landlords withdraw from the scheme, new tenancies are allocated or vacancies in contracted units are filled. The amount of rent paid through RAS is a matter for individual authorities, having regard to the need to obtain value for money. Since the inception of the Rental Accommodation Scheme in 2004, expenditure up to the end of 2013 has totalled €643.2 million. The following table sets out the total annual expenditure from 2004 to 2013.

Year

Annual Expenditure

2004

€164,836

2005

€723,281

2006

€6,199,980

2007

€27,384,837

2008

€53,025,430

2009

€83,394,513

2010

€100,076,430

2011

€115,917,365

2012

€125,429,966

2013

€130,886,608

During the first quarter of 2014 € 25,385,339.15 was recouped to local authorities bringing the overall total recouped from 2004 up to end March 2014 to €668,588,585.15. Recoupment made to local authorities under the RAS covers not only the contracted rents due to private landlords but also payments that are made to Approved Housing Bodies, administration costs, deposits on newly acquired accommodation, payments made in respect of additional units supplied under the Social Partnership Agreement Towards 2016 and up to very recently payments in respect of homeless persons. My Department does not hold data on the amount directly paid by local authorities to private landlords in rents nor does it have access to the amounts concerned by each local authority area. In the matter of the number of RAS tenants that have notices to quit, I refer to the reply to Question No. 161 of 3 April 2014.

National Roads Authority Remit

Questions (371)

Luke 'Ming' Flanagan

Question:

371. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding correspondence being issued by Laois County Council; and if he will make a statement on the matter. [16230/14]

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Written answers

I understand that the issue referred to in the Question is in relation to Laois County Council informing certain quarry operators that as a public body and operating in compliance with the NRA Circular Letter 01/2006 issued by the National Roads Authority, the Council was requested to only source road building material from quarries which are compliant with planning legislation.

This is a matter for Laois County Council as a road authority, and comes within the policy remit of the Minister for Transport, Tourism and Sport.

Traveller Accommodation

Questions (372)

Michael Ring

Question:

372. Deputy Michael Ring asked the Minister for the Environment, Community and Local Government the amount of money allocated to Mayo County Council for Traveller accommodation in the past five years by his Department; the amount of money that has been used; if he will state if any of this funding was returned; and if he will make a statement on the matter. [16231/14]

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Written answers

In accordance with the Housing (Traveller Accommodation) Act 1998, statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller accommodation programmes, designed to meet the accommodation needs of Travellers, rests with individual housing authorities. My Department's role is to ensure that there is an adequate legislative and financial system in place to assist the authorities in providing such accommodation.

Accommodation for Travellers is provided across a range of options including standard local authority housing which is financed from my Department's Social Housing Investment Programme (SHIP), Traveller-specific accommodation such as group housing and halting site bays and funded by means of 100% capital grant, private housing assisted by local authorities or voluntary housing bodies, private rented accommodation and through their own resources. It is open to Travellers to opt for any form of accommodation, including Traveller-specific accommodation, and local authority programmes are intended to reflect these preferences.

The capital allocations and amounts recouped to Mayo County Council in respect of Traveller-specific accommodation over the past five years are set out in the following table:

YEAR

Allocation (€)

Amount Recouped (€)

2010

500,000

645,218

2011

30,000

38,503

2012

136,850

3,810

2013

0

0

2014

0

0

The 2012 allocation included an amount related to the proposed acquisition of a property to accommodate a Traveller family which ultimately did not proceed. In addition to the provision of capital funding for Traveller-specific accommodation, my Department also provides funding for a range of support services, including local authority social workers and caretakers, which operate in tandem with the capital programme. Over the period 2010 to 2013, €964,301 was recouped by my Department to Mayo County Council for this purpose.

Planning Issues

Questions (373)

Noel Grealish

Question:

373. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government if a recent planning application to Galway County Council (details supplied) which was appealed to An Bord Pleanála by Keep Ireland Open is a valid appeal, even through Keep Ireland Open was not involved in the original objection to Galway County Council; if Keep Ireland Open can make such an appeal directly to An Bord Pleanála under current legislation; and if he will make a statement on the matter. [16255/14]

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Written answers

Under section 37 of the Planning and Development Act 2000, as amended, only an applicant for permission or any person who made submissions or observations in writing in relation to the planning application to the planning authority, in accordance with the permission regulations and on payment of the appropriate fee, may appeal to the Board against a decision of a planning authority on a planning application. However the section also provides for the following exceptions to this provision. A prescribed body who is entitled to be given notice of a planning application, and who was not sent notice in accordance with the regulations, is entitled, within the appropriate period, to appeal a decision of the planning authority on the application. A body or organisation, the aims or objectives of which relate to the promotion of environmental protection, and which has, during the period of 12 months preceding the making of the appeal, pursued those aims or objectives, is entitled, within the appropriate period, to appeal against a decision by a planning authority on a planning application for development in respect of which an environmental impact statement was required to be submitted to the planning authority in accordance with section 172 of the 2000 Act. A person who has an interest in land adjoining land in respect of which a decision to grant permission has been made may apply to the Board for leave to appeal against a decision of the planning authority within the appropriate period. The application of these provisions in individual cases is a matter for An Bord Pleanála.

Private Residential Tenancies Board Enforcement

Questions (374)

Clare Daly

Question:

374. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the steps he will take to deal with the delays in the implementation of Private Residential Tenancies Board decisions which have been attributed to the high volume of cases which is causing enormous distress to both landlords and tenants. [16267/14]

View answer

Written answers

I have no function in the operational matters of the Private Residential Tenancies Board (PRTB), an independent statutory body established on 1 September 2004 under the Residential Tenancies Act 2004. The Act regulates the tenant-landlord relationship in the private rented residential sector and provides, inter alia, for the enforcement of determination orders, where such have not been complied with, by application to the Circuit Court by either a party to the determination order or by the Board itself. Given the discretionary nature of this power the Board exercises it in the context of the circumstances pertaining to each case.

Foreshore Licence Applications

Questions (375)

Gerald Nash

Question:

375. Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if he will provide an update on the consideration of a foreshore licence in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [16279/14]

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Written answers

The foreshore application in question did not contain sufficient information to facilitate a complete assessment by my Department, as required under legislation. Further information has been requested from the applicant. Until the necessary information is provided, the application cannot be progressed.

Water and Sewerage Schemes Status

Questions (376)

Tony McLoughlin

Question:

376. Deputy Tony McLoughlin asked the Minister for the Environment, Community and Local Government the position regarding plans by his Department and Sligo County Council to proceed with a wastewater treatment works for Mullaghmore and Cliffoney, County Sligo; and if he will make a statement on the matter. [16290/14]

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Written answers

The Water Services Investment Programme 2010 – 2013 provided for the development of a comprehensive range of new water services infrastructure in County Sligo. The Programme included contracts under construction and to commence to the value of over €49 million in County Sligo during the period of the Programme. While the Cliffoney Sewerage Scheme was included in the Programme as a Serviced Land Initiative Scheme, the Mullaghmore Sewerage Scheme was not amongst the priority contracts and schemes selected for inclusion in the Programme.

Progress under the Water Services Investment Programme 2010 – 2013 was reviewed in mid-2011 and through this process, consideration was given to any newly emerging priority contracts and schemes submitted by local authorities for addition to the Programme. No proposal for the Mullaghmore Sewerage Scheme was received from Sligo County Council in response to the review. While Sligo County Council did not formally request under the review that the Cliffoney Sewerage Scheme be considered for inclusion in the Programme as a main scheme, the scheme was assessed at that time. However, it failed to meet the necessary criteria for inclusion in the Programme as a main scheme under this process. Sligo County Council subsequently requested my Department to discontinue this scheme as a Serviced Land Initiative Scheme.

Since 1 January 2014, Irish Water is responsible for the delivery of water services capital infrastructure. It is currently preparing a Capital Investment Plan for 2014 – 2016 that will provide for the transition of projects included in the 2010 - 2013 Water Services Investment Programme. The further progression of all water services capital projects, including the Cliffoney and Mullaghmore Sewerage Schemes, 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.

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