Tuesday, 15 Apr 2014

Written Answers Nos. 395-418

Water Charges Introduction

Questions (395, 396, 409, 411, 426)

Seán Fleming

Question:

395. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if he will outline the expertise of the Commission for Energy Regulation, the energy regulator, in matters such as setting prices for domestic water to be charged by Irish Water; and if he will outline the international benchmarks that are taken into account and the costs, including transferred costs to Irish Water from local authorities; the value of assets taken over from the local authorities that will be taken into consideration; and if he will make a statement on the matter. [17640/14]

Seán Fleming

Question:

396. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the options available to members of the public after the energy regulator sets the water rate charges where they are dissatisfied with the approach being taken by the regulator; the rights of consumers to challenge the decision; and if he will make a statement on the matter. [17641/14]

Tom Fleming

Question:

409. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if any provision will be made by Irish Water for cases where water consumption is likely to be higher than a comparable family unit (details supplied); and if he will make a statement on the matter. [17554/14]

Gerry Adams

Question:

411. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the adjustments that will be made to personal allowances for persons with significant health issues, for example, colostomy bags and associated toiletry needs, in respect of water allowances and the proposed introduction of water taxes; and if he will make a statement on the matter. [17586/14]

Joe McHugh

Question:

426. Deputy Joe McHugh asked the Minister for the Environment, Community and Local Government the consideration that will be given to conservation incentives for water rate charges; his plans to take into consideration challenges facing young families who are experiencing increased demands on water as a result of having a young baby, that is, sterilisation of bottles, food containers and so on; and if he will make a statement on the matter. [17744/14]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 395, 396, 409, 411 and 426 together.

The Water Services (No. 2) Act 2013 provides for the transfer of water services functions from the local authorities to Irish Water. The Act provides that Irish Water can collect charges from its customers in receipt of water services provided by it. It also assigns responsibility for the independent economic regulation of Irish Water to the Commission for Energy Regulation (CER) .

Domestic water charges will commence with effect from 1 October 2014 and Irish Water will issue the first bills to domestic customers from January 2015. 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.

The CER has considerable economic regulatory experience in the energy sector in relation to price setting mechanisms and customer protection. As part of its water regulatory functions, the CER will undertake a robust analysis of Irish Water’s costs and this will include the use of benchmarking as a method of incentivising efficient business operations. The CER will operate in an open and transparent manner in carrying out its functions and making decisions in relation to the setting of water charges. The CER has already undertaken public consultations on the development of the economic regulatory framework for water services and has indicated that it will be carrying out further public consultations this month. These will include consultation on the approach to the design of domestic water tariffs for both metered and unmetered properties. Further consultations are planned for June in relation to the water charges plan to be submitted to the CER by Irish Water. Full details of the CER’s public consultation plans are available on its website ( www.cer.ie ).

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 that require high water usage. The Group comprises my Department and the Departments of the Taoiseach, Social Protection, Public Expenditure and Reform and Finance. The Government will decide on the proposed approaches to be taken in relation to affordability, medical needs and the free allowance, taking account of the work of this group

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. The Government has committed to the provision of a free allowance, above which charging based on usage would apply. The free allowance and the level of funding to be provided by the Government to Irish Water will have a strong bearing on the net charges to be met by households. Consequently, decisions on these matters will provide greater visibility on the expected level of charges in advance of the final determination of all aspects of the water charges plan by the CER. I expect to bring proposals to Government in this regard shortly.

Planning Issues

Questions (397)

Andrew Doyle

Question:

397. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will provide an update on the progress of large-scale offshore wind development close to the east coast; if, in view of the period of time that has elapsed since then, the granting of developments will be reviewed to ascertain whether an acceptable alternative that is more aesthetic in design can be evaluated; and if he will make a statement on the matter. [17702/14]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

There are 2 consented offshore windfarm developments off the East Coast, both located off the coast of County Wicklow at the Arklow Bank and the Codling Bank, respectively.

The foreshore lease for the Arklow offshore windfarm was granted in 2002 for the development of a 520 MW windfarm. To date, only 7 turbines with a combined generating capacity totalling 25.2 MW have been installed. The foreshore lease for the Codling Bank offshore windfarm, known as the Codling I project, was granted in 2005 for the development of an 1100 MW windfarm. No construction works have commenced on the windfarm to date.

Both developments were consented to within the national regulatory and legislative framework that existed in 2002 and 2005, respectively. While the leases for both projects may have been granted some years ago, it is important to note that both proposals were subject to a comprehensive assessment by a range of technical experts who advised the then Minister. The visual aspect was dealt with in each project’s associated Environmental Impact Statement (EIS) which covered issues such as landscape, seascape and visual effects supported through the use of photomontages.

Private Rented Accommodation Costs

Questions (398, 410)

Thomas P. Broughan

Question:

398. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government his position on introducing rent controls to tackle the growing problem of continuing increases in rental prices, particularly in Dublin. [17757/14]

Eamonn Maloney

Question:

410. Deputy Eamonn Maloney asked the Minister for the Environment, Community and Local Government in view of rising rents, his proposals to introduce legislation for rent control; and if he will make a statement on the matter. [17579/14]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

I propose to take Questions Nos. 398 and 410 together.

The private rented sector is an increasingly important element of the housing market , with the proportion of households in the sector almost doubling in the period 2006-2011. Approximately 1 in 5 households are now renting their home in the private sector. Against this background, the growing evidence of increasing rents, particularly in Dublin, is a cause for concern. The recent publication of the Private Residential Tenancies Board (PRTB) rent index for the fourth quarter 2013 showed a year-on-year increase in rents of 3.3% nationally. However, this national average figure masks differences by property type and location.

Nationally, rents for houses in the fourth quarter of 2013 were 1.6% higher than the same period in 2012 while rents for apartments were 5.2% higher over the same period. In Dublin, rents for houses increased by 6.4% and for apartments the figure was 8%. It is worth noting however that, on average, rents in Dublin are still 15.5% lower than they were at their peak in the fourth quarter of 2007.

The Residential Tenancies Act 2004 prohibits the setting of a rent that is greater than the market rent for a particular tenancy. A difficulty arises when there is market failure and there is evidence of this in the form of a lack of supply of suitable properties, mainly in the bigger cities and especially so in Dublin. In 2006, housing completions in Dublin had risen to 19,470, or around 21% of the national total of 93,419. In 2013, of the 8,301 housing unit built nationally, only 1,360 or just over 16% were in Dublin.

The Government is taking steps to address these challenges in the property and construction sectors. These will include developing an overall strategic approach to housing supply, identifying and implementing relevant improvements in the planning process and seeking to improve financing options for development and mortgage provision.

Resolution of the housing supply situation is a key element in restoring stability to the market. In the meantime , I believe there is scope to explore measures that would protect tenants in the short term from the consequences of market failure. I have asked the PRTB to carry out a focused piece of research that will explore options to address the difficulties being experienced in segments of the private rented sector and to report back to me with policy recommendations in that regard before the end of June.

In doing this, I am conscious of the need to avoid introducing measures that would have adverse consequences on the private rented sector . My goal is to achieve stability and sustainability in the market for the benefit of tenants, landlords and society as a whole.

Tribunals of Inquiry Recommendations

Questions (399)

Billy Kelleher

Question:

399. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government the progress the Government has made in implementing the recommendations of the Moriarty tribunal report; and if he will make a statement on the matter. [17801/14]

Written answers

Minister for the Environment, Community and Local Government

The Electoral (Amendment) (Political Funding) Act 2012, the 2012 Act, which became law in July 2012, significantly enhanced the openness and transparency of political funding in Ireland. These were issues that were central to the recommendations made in the Moriarty Tribunal Report which was published in March 2011. The Tribunal recommended that the income of political parties be disclosed and that political donations, apart from those under a modest threshold, be reported.

The 2012 Act brought into force restrictions on corporate donations and considerable reductions in the maximum amount that a political party or an individual can accept as a political donation. The donation limit for a political party was reduced from €6,348.69 to €2,500, while for an individual politician or candidate it fell from €2,539.48 to €1,000. A limit of €200 was placed on donations in cash. The threshold for the receipt of anonymous donations was reduced to €100. The donation threshold amount that gives rise to the requirement to open a political donations account was reduced to €100. Anonymous indirect donations were banned. The threshold at which political party donations must be reported and published was reduced from €5,078.95 to €1,500.

The 2012 Act provided that political parties will be required to submit audited annual accounts to the Standards in Public Office Commission for publication. This provision goes beyond the Moriarty Tribunal recommendation by providing that both the income and expenditure of political parties will be reported and open to public scrutiny. By restricting corporate donations, the Act also went beyond the recommendations made by the Tribunal.

Non-Principal Private Residence Charge Exemptions

Questions (400)

James Bannon

Question:

400. Deputy James Bannon asked the Minister for the Environment, Community and Local Government if farmers' children, particularly a person (details supplied) in County Longford, will be required to pay a second property tax for a non-principal private residence that is an old house deemed to be derelict or uninhabitable; and if he will make a statement on the matter. [17978/14]

Written answers

Minister for the Environment, Community and Local Government

The Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The Non Principal Private Residence (NPPR) Charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties that are not an individual’s principal private residence . The NPPR Charge, which has since been discontinued, applied in the years 2009 to 2013 to any residential property in which the owner did not reside as their normal place of residence. It is a matter for an owner to determine if he or she has a liability and, if so, to declare that liability and pay the Charge and any late payment fees applicable.

The 2009 Act , as amended, 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 ultimately be a matter for the Courts.

Under the 2009 Act “residential property” is defined as a “building that is situated in the State and that is occupied, or suitable for occupation, as a separate dwelling.” There are a number of indicators as to what makes a property suitable for occupation for the purposes of determining liability to the Charge. The indicators include the structure of the property, whether or not it has a roof, whether or not it is so affected by dampness as to render it unsuitable for habitation, and whether or not it has sanitary facilities, including a water closet and water supply. A property that is not suitable for occupation should not be regarded as a residential property within the meaning of the 2009 Act and would not therefore be liable for the Charge.

2013 was the final year of the operation of the Non Principal Private Residence Charge. Since its introduction in 2009, the Charge has been an important source of revenue for local authorities and has funded the provision of vital local services.

Departmental Legal Costs

Questions (401)

Niall Collins

Question:

401. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the total legal costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [17355/14]

Written answers

Minister for the Environment, Community and Local Government

The following table details legal costs incurred by my Department since 2011 based on information contained in the annual Appropriation Accounts prepared by my Department and submitted to the Comptroller and Auditor General; the table does not include costs associated with the Planning Tribunal.

Legal Costs

2011	2012	2013 (to be audited)
€405,000	€7,257,000	€7,812,000

Legal costs are difficult to estimate with accuracy; however, a provision of €395,000 in respect of such costs in respect of my Department has been made in the Revised Estimates for Public Services 2014, published by the Department of Public Expenditure and Reform.

Public Relations Contracts Expenditure

Questions (402)

Niall Collins

Question:

402. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the total external public relations costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [17371/14]

Written answers

Minister for the Environment, Community and Local Government

Since becoming Minister in March 2011, no external public relations firms have been engaged by my Department and there is currently no anticipated expenditure for such services in 2014.

Departmental Funding

Questions (403)

Thomas P. Broughan

Question:

403. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if the €2 million allocated for health and safety training and safety equipment as part of the Gateway scheme and which is being administered through the Limerick local authority will be available to all local authorities; and if he will indicate the way participating local authorities can avail of this funding. [17410/14]

Written answers

Minister for the Environment, Community and Local Government

The funding for Gateway from my Department will be available to all local authorities in proportion to the level of participation on the scheme. Applications for funding will be administered by Limerick County Council on the basis of a Memorandum of Understanding between the Council and my Department.

Land Acquisition

Questions (404)

Mary Lou McDonald

Question:

404. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if there is provision in law that would allow a person to be excluded from purchasing land, public or private, on the open market on the grounds that the person does not reside in the county in which the land is being sold. [17484/14]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

I have no function in relation to the matter raised in the Question.

Building Regulations Amendments

Questions (405)

Finian McGrath

Question:

405. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will support the amendment of building control laws which came into effect on 1 March 2014 (details supplied); and if he will make a statement on the matter. [17496/14]

Written answers

Minister for the Environment, Community and Local Government

I refer to the replies to Questions Nos. 259, 268, 269 and 285 dated 4 March 2014 and to Question No. 132 of 26 March 2014 which deal comprehensively with the implications of the Building Control (Amendment) Regulations 2014 for the self-build sector of the housing market.

The amended regulations, among other things, reinforce the principle that building works should be undertaken by competent persons. This is in keeping with the Building Control Act 1990 which places a statutory obligation on owners, designers and builders to design and construct a building in accordance with the requirements of the building regulations . This obligation applies in all sectors of the building industry, including the self-build sector. Given that an owner who is satisfied that they are competent to take on the responsibility of builder may continue to do so under the Building Control (Amendment) Regulations 2014, the need to amend the regulations along the lines suggested does not arise.

Fire Service

Questions (406)

Seán Kenny

Question:

406. Deputy Seán Kenny asked the Minister for the Environment, Community and Local Government the number of requests received from Dublin City Council during 2013 under the fire service capital programme; the number of requests that were approved, refused or pending; and if he will make a statement on the matter. [17526/14]

Written answers

Minister for the Environment, Community and Local Government

The provision of fire services in local authority areas, including the establishment and maintenance of fire brigades, the assessment of fire cover needs and the provision of premises, is a statutory function of the individual fire authorities under the provisions of the Fire Services Act 1981. My Department supports fire authorities through the setting of general policy and guidance, and the provision of capital funding, including the recoupment (within the overall funding available) of costs incurred by fire authorities in relation to the approved purchase of fire appliances and emergency equipment as well as construction and upgrading of fire stations.

Dublin City Council provides fire services on behalf of the four Dublin local authorities. Continued investment in the fire appliance fleet has been identified as one of the key national priorities for the fire services capital programme . In that context and in order to deliver cost efficiencies, a programme involving fire authorities aggregating demand and jointly procuring 17 fire appliances is now nearing completion, under which Dublin F ire Brigade received an allocation for two new appliance s. In 2013, my Department reimbursed Dublin City Council € 316,459 in respect of a claim under this programme. Dublin City Council were also recouped € 106,552 in respect of the Risk Based Approach to Emergency Cover project. No other requests for funding were received from Dublin City Council under the Fire Services Capital Programme in that year.

All requests for funding from my Department’s Fire Services Capital Programme will be considered within the constraints of available resources and will have regard to local authorities’ priorities, the value for money offered by proposals and the totality of requests from fire authorities.

Ambulance Service Provision

Questions (407)

Terence Flanagan

Question:

407. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the number of ambulances stationed at a fire station (details supplied) in Dublin 5; and if he will make a statement on the matter. [17537/14]

Written answers

Minister for the Environment, Community and Local Government

My Department has no role in the provision of ambulance services in the State. Operational responsibility for the management and delivery of health and personal social services, including the National Ambulance Service, is a matter for the Health Service Executive which is under the aegis of my colleague, the Minister for Health.

Dublin Fire Brigade provides an ambulance service in the Dublin area on behalf of the Health Service Executive. I have no function in relation to the allocation of ambulances, which is a matter decided by Dublin City Council and the Health Service Executive.

Waste Disposal

Questions (408)

Aodhán Ó Ríordáin

Question:

408. Deputy Aodhán Ó Ríordáin asked the Minister for the Environment, Community and Local Government if he has conducted an analysis and-or evaluation of the private waste collection sector in terms of cost and service delivery; if his attention has been drawn to any local authority conducting the same; and if he will make a statement on the matter. [17545/14]

Written answers

Minister for the Environment, Community and Local Government

A comprehensive Regulatory Impact Analysis (RIA) on the regulation of the Household Waste Collection Market was published in July 2012 and is available on my Department’s website at http://www.environ.ie/en/Environment/RHLegislation/FileDownLoad,30784,en.pdf.

The RIA provides an analysis of the household waste collection industry in Ireland; the international approach to household waste collection; pricing levels and how pricing structures affect waste generation and recycling ; and the provision of a quality service to the householder.

I published A Resource Opportunity – Waste Management Policy in Ireland also in July 2012, setting out a range of measures which will significantly revise the current regulatory regime to ensure, inter alia:

- that waste collected is managed in accordance with the waste hierarchy;

- that mandated service levels are delivered; and

- that customer charters are put in place by all waste collection providers.

I published a consultation document on the regulation of household waste collection on 28 November 2013 to guide the development of the new regulatory regime to strengthen and improve the regulation of household waste collection. Over 90 submissions were received from organisations across a wide spectrum, including the waste industry, public bodies, public representatives and the public. These submissions are currently being reviewed with a view to developing a revised regulatory regime for household waste collection later this year.

In addition, the policy also contains the commitment that a formal review of the household waste collection market, including a report by the Competition Authority, will be carried out in 2016. In line with a commitment under the Government’s Action Plan for Jobs 2014, the Competition Authority has commenced this process.

Question No. 409 answered with Question No. 395.

Question No. 410 answered with Question No. 398.

Question No. 411 answered with Question No. 395.

Dublin Docklands Development Authority

Questions (412)

Joe Higgins

Question:

412. Deputy Joe Higgins asked the Minister for the Environment, Community and Local Government if he will instruct the Dublin Docklands Development Authority to resolve financial issues with a construction company (details supplied) in order that a small subcontractor who is owed €650,000 wiil be paid. [17587/14]

Written answers

Minister for the Environment, Community and Local Government

I have no function in relation to the matter raised in the Question.

Questions Nos. 413 to 418, inclusive, answered with Question No. 393.