Written Answers Nos. 497-514
497. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government if he will provide an update of details of the plans, permissions and consents issued to develop the proposed Emerald Express transatlantic fibre-optic cable from the United States to make landfall in Killala, County Mayo; and if he will make a statement on the matter. [19519/14]
View answerMy Department received a n application for a licence under the Foreshore Act 1933 to carry out site investigations in Killala Bay, Co Mayo in February 2014. The application has undergone a public consultation process and is currently being assessed by the Marine Licence Vetting Committee. I expect to be in a position to make a determination on the application shortly, based on the recommendations of the Committee and my Department. No other application under the Foreshore Act has been received in respect of this proposed development.
498. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government his plans to reform the Dublin Cemeteries Committee Act 1970. [19522/14]
View answerThe Dublin Cemeteries Committee was set up under a Private Act, the Dublin Cemeteries Committee Act 1970, which replaced an earlier Private Act of 1846. The 1970 Act empowers the said Committee to provide, operate and maintain cemeteries in the Dublin area and undertake related activities. As nister for the Environment, Community and Local Government I have no role or function in relation the Act. The Committee is not a body under the aegis of my Department, and does not receive any funding from my Department's Vote.
499. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 398 of 15 April 2014, if he will provide details of the terms of reference for the piece of research to be carried out by the Private Residential Tenancies Board following a request made by him on the difficulties being experienced in segments of the private rented sector. [19525/14]
View answerThe Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Residential Tenancies Act 2004. The primary functions of the Board are to operate a national tenancy registration system and to resolve disputes between landlords and tenants in the private rented residential sector. In accordance with the Act, the Board also has functions regarding research into the private rented sector and the provision of information to the Minister on matters related to the sector.
In the context of increasing rents, especially in the Dublin area, I asked the PRTB to carry out a focused piece of research to explore options to address the difficulties being experienced in segments of the private rented sector . Details of the terms of reference for the study are a matter for the PRTB and will be published on the ir website at www.prtb.ie
My Department understands the study will be broadly based and will examine a range of topics including:
- the current tax treatment of the rental sector ;
- rent supplement and possible incentives for landlords to rent to social rented tenants;
- the pros and cons of different approaches to the regulation of rent increases within a tenancy ;
- scenario testing of possible approaches to rent regulation;
- lessons from other countries with a developed priv ate rented sector with rent certainty and stability;
- proposals in relatio n to both short-term and medium to long-term strategies to achieve greater rental stability a nd certainty;
- advice on the basis under which any changes might be introduced and / or operate;
- an indication of the likely costs of any measures proposed.
I have asked the PRTB to report back to me with policy recommendations before the end of June.
500. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the actions he will take in consultation with local authorities and Irish Water to redress one of the findings of the Environmental Protection Agency in its report entitled Provision and Quality of Drinking Water in Ireland: A Report for the Year 2012 which states that only six water services authorities are publishing some or all of the required data on drinking water quality; and if Irish Water will make this data available to the public on a national basis. [19526/14]
View answerIn July 2009 , my Department issue d a Circular letter to local authorities requesting publication of drinking water quality monitoring results by the authorities , with access to th ose results being made available directly from the homepages of their websites. The circular specified that results for particular parameters must be published along with description s and the significance of those parameters. It also recommended that certain other information be published. In its recent report Provision and Quality of Drinking Water in Ireland: A Report for the Year 2012, the Environmental Protection Agency found that at the time only 6 local authorities were in substantive compliance with the requirements of the Circular. However, the report also state d that 31 out of 34 local authorities were providing informa tion on drinking water monitoring results.
The European Union (Drinking Water) Regulations 2014, a copy of which is available in the Oireachtas library, provide that Irish Water and each local authority shall maintain up to date records , on an ongoing basis , of monitoring results in relation to each water supply that they are required to monitor under the Regulations. The Regulations also provide that the records shall be made available to the public.
Irish water has confirmed to my Department that it is aware of the requirement to publish up to date records of drinking water monitoring results. To this end , Irish Water is working closely with all l ocal a uthorities to ensure compliance with this requirement and significant improvements in the level of reporting have been achieved. Irish Water ’s website ( www.water.ie ) has recently been updated to provide a link to water quality i nformation at local authority level and Irish Water is committed to work with the local authorities so that timely information can be made available to the public directly from the company’s website. This will ensure consistency in the level and formatting of reporting across all public water suppl ies nationally. The local authorities continue to be obliged to publish monitoring results in respect of private water supplies for which they have supervisory responsibility, including group water schemes.
501. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that boundary fencing provided by Sligo Borough Council and funded by his Department a number of years ago as part of the refurbishment scheme for Garavogue Villas, County Sligo, needs to be replaced; if his attention has further been drawn to the fact that householders in the estate have requested that the fencing be replaced at the soonest possible time; if he will ensure that funding for the replacement of the fencing will be provided for in this years allocation of regeneration funding for Sligo; and if he will make a statement on the matter. [19560/14]
View answerThere are no proposals with m y Department from Sligo Borough Council in rel ation to the provision of replacement fencing at this location.
502. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will commit to ensuring that gaps in legislation regarding quad bikes will be addressed from the perspective of open parks; if he supports extending the legislation; and if he will make a statement on the matter. [17983/14]
View answerI am aware of the issues which have been raised concerning the off-road use of the vehicles referred to, in locations such as parks and other open spaces, in particularly in the context of the recent debate in this House on the Misuse of Motor Vehicles (Public Spaces) Bill 2012. My colleague , the Minister for Justice and Equality, in reply to Question 194 of 17 April 2014, indicated that he has sought a report from the Garda authorities and will consult further with other relevant Departments concerning any legislative or other issues which arise. In this regard, I expect my Department will be consulted and will fully co-operate with the other relevant Departments in this matter.
503. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if his Department has carried out a cost benefit analysis of the rental accommodation scheme and the long-term leasing programme; and if he will make a statement on the matter. [16752/14]
View answer504. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government the cost to the Exchequer of the rental accommodation scheme and long-term leasing in the area of social housing; if social housing should be financed through greater capital expenditure rather than the existing approach of large scale current expenditure which yields no long term benefit to the Exchequer; and if he will make a statement on the matter. [16153/14]
View answerI propose to take Questions Nos. 503 and 504 together.
My priority is to maximise delivery of social housing to cater for the greatest level of need while also achieving value for money . It is simply not possible to purchase or build anything like the same number of units as can be provided for through the Rental Accommodation Scheme (RAS) and the Social Housing Leasing Initiative (SHLI). The financial parameters within which we continue to operate will not facilitate a return to large-scale capital funded construction programmes. RAS and the SHLI offered, and continue to offer, an effective and efficient response, taking account not just of the availability of resources but also current market conditions and the need for a broader range of more flexible delivery mechanisms than the traditional methods of social housing provision.
A number of economic studies carried out over the past few years support the economic rationale for the prov ision of social housing through mechanisms such as the leasing and renting of privately owned accommodation. For example, the financial appraisal of the long-term costs of leasing in comparison with other social housing delivery options ,commissioned by my Department and carried out by the Housing Agency, concluded that in general leasing is more cost effective than capital provision. A copy of this report entitled Comparative Financial Appraisal of the Projected Long-Term Costs of Soc ial Housing Delivery Mechanisms is available on the Housing Agency's website at www.housing.ie.
While the State will not necessarily gain an asset through the RAS and SHLI schemes, though options to purchase are a feature of the latter, there are a number of factors which ensure that leasing is good value in the long term for the State. It must also be recognised that while under the traditional supply mechanisms of construction and acquisition, the State gains an asset, the economic value of this asset to the State is limited in terms of monetary value . The Rental Accommodation Scheme (RAS) commenced in 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. Of these 28,712 of these households are accommodated directly in RAS accommodation. In addition, 4,858 housing units have been secured for social housing purposes under the social housing leasing initiative.
Up to end of March 2014, some €668.5m has been expended on RAS. From the commencement of leasing in 2009 up to the end of March 2014 some €74.3m has been expended A further €13.8m in capital advances has been made to approved housing bodies under the capital advance leasing facility.
505. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government his plans to review the receivership regime to establish protections for tenants whose landlords go into receivership; and if he will make a statement on the matter. [16155/14]
View answerThe 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. I recognise that the appointment of a receiver can lead to uncertainty for tenants , especially in relation to the issues of security of tenure and return of deposits.
In relation to the latter, the question as to whether it is the landlord or the receiver who is responsible for returning the deposit can cause difficulties for tenants. This issue will be addressed by the introduction of a deposit protection scheme under the Residential Tenancies (Amendment)(No.2) Bill 2012, which is currently before the Seanad. Under the proposed scheme, any deposit paid to the landlord by the tenant must be lodged with a deposit protection scheme at the commencement of the tenancy and will be available to be returned to the tenant at the end of the tenancy. The establishment of this scheme will resolve the practice of illegally withholding deposits and will ensure that the rights of tenants in relation to deposits are protected, regardless of whether or not a receiver has been appointed to the rented dwelling.
In relation to security of tenure, t he grounds upon which a tenancy in the private rented sector may be legally terminated are set out in the Residential Tenancies Act 2004. In addition, the Act contains provisions relating to the setting of rent and rent reviews and sets out the procedures and notice periods that must be complied with when terminating a tenancy. While the circumstances of each case may vary depending on the terms of the mortgage or charge under which a receiver is appointed, the policies and procedures of banks in appointing receivers must not affect the statutory or contractual rights of tenants.
The interplay between receivership law and the Residential Tenancies Act is complex but I am examining further amendments to the Residential Tenancies Act that could help to bring greater clarity in this area and would be of benefit to tenants and receivers alike. The fundamental objective of any amendments made must be that tenants’ rights are protected and that clear and correct information is available to any tenant affected.
506. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will report on all rental accommodation scheme and leasing tenancies across each local authority including the rents paid on each tenancy, the size of each house, the length of each contract, the expiry date of each contract; and if there are any tenancies where the contract has expired but the tenant has remained in the house. [19573/14]
View answerIn the years since the first transfer from Rent Supplement in late 2005, 48,503 households have been transferred by local authorities under the Rental Accommodation Scheme. Of this number 28,712 were housed directly under RAS and a further 19,791 were accommodated under other social housing options. The approval of units into the scheme is entirely a matter for local authorities.
It is not possible to give a definitive 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. However from data contained in claims submitted by local authorities of their contracted rents for Quarter 1, 2014, it is estimated that there were approximately 20,200 direct RAS tenancies in place at end March 2014 for which authorities were recently recouped.
Details of the rents paid by each authority in respect of RAS tenancies, the unit size in each case and contract data for all tenancies since 2005, is not collected by my Department. However, relevant data on actual transfer numbers by year, by authority and the annual cost of the scheme to the Exchequer is collected in order to support my Department’s monitoring of the overall progress of the scheme. The average monthly rent paid by local authorities in respect of RAS properties in 2013 was approximately €600, with contract lengths ranging from 4 years to 20 years.
The Social Housing Leasing Initiative has delivered 4,858 social housing units to the end of March 2014. As with RAS, the tenant of the local authority or approved housing body pays an income based differential rent. My Department recoups the cost of accommodation to the local authorities but it does not collect tenant rental data or details of the individual tenancies of these authorities. At the end of March 2014, the average cost of leased units sourced was €507 per month. The units acquired under leasing are 9% 1-bed, 33% 2-bed and 58% 3-bed+ units, and leasing arrangements can range from 4 years to 30 years (where they are acquired by a housing body). The table below shows the breakdown by Local Authority of the 4,858 leasing units delivered.
|
Authority |
Delivered |
|
Athlone Town Council |
120 |
|
Athy Town Council |
21 |
|
Birr Town Council |
39 |
|
Bray Town Council |
18 |
|
Buncrana Town Council |
43 |
|
Bundoran Town Council |
1 |
|
Carlow County Council |
25 |
|
Carlow Town Council |
14 |
|
Cashel Town Council |
3 |
|
Castlebar Town Council |
20 |
|
Cavan County Council |
10 |
|
Clare County Council |
60 |
|
Clonmel Borough Council |
15 |
|
Cork City Council |
131 |
|
Cork County Council |
697 |
|
DLR County Council |
155 |
|
Donegal County Council |
100 |
|
Drogheda Borough Council |
35 |
|
Dublin City Council |
546 |
|
Dundalk Town Council |
238 |
|
Ennis Town Council |
37 |
|
Fingal County Council |
361 |
|
Galway City Council |
174 |
|
Galway County Council |
27 |
|
Kerry County Council |
49 |
|
Kildare County Council |
186 |
|
Kilkenny County Council |
42 |
|
Laois County Council |
157 |
|
Leitrim County Council |
1 |
|
Letterkenny Town Council |
58 |
|
Limerick City Council |
13 |
|
Limerick County Council |
18 |
|
Longford County Council |
18 |
|
Louth County Council |
41 |
|
Mayo County Council |
89 |
|
Meath County Council |
94 |
|
Monaghan County Council |
1 |
|
Nenagh Town Council |
34 |
|
North Tipperary County Council |
73 |
|
Offaly County Council |
86 |
|
Roscommon County Council |
10 |
|
Sligo Borough Council |
18 |
|
Sligo County Council |
19 |
|
South Tipperary County Council |
27 |
|
South Dublin County Council |
473 |
|
Templemore Town Council |
66 |
|
Thurles Town Council |
37 |
|
Tipperary Town Council |
11 |
|
Waterford City Council |
56 |
|
Waterford County Council |
70 |
|
Westmeath County Council |
133 |
|
Westport Town Council |
3 |
|
Wexford County Council |
80 |
|
Wicklow County Council |
5 |
|
Total |
4,858 |
507. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will grant funding in respect of a water network (details supplied) in County Kerry; and if he will make a statement on the matter. [19601/14]
View answer510. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if a decision has been made on an application by Kerry County Council for funding to upgrade the water network at a location (details supplied) in County Kerry; and if he will make a statement on the matter. [19624/14]
View answerI propose to take Questions Nos. 507 and 510 together.
The Water Services Investment Programme 2010 – 2013 provided for the commencement of water conservation contracts to the value of €18.79 million during the life of the programme in Co. Kerry. Kerry County Council submitted a number of water conservation proposals to my Department and mains rehabilitation works totalling €10.69 million for the entire county were approved. This funding included provision for the replacement of 9,250 metres of watermain in the d-Kerry Water Supply Scheme in the areas of Fossa West, Douglas, Beaufort (Shannera), Cappagh North, Gearha West, Gearha East (Bow Rd), Cappagh South and Ballykissane. I understand that the work in Fossa West is complete. Kerry County Council had not awarded a contract for the remainder of the works prior to 31 December 2013.
From 1 January 2014, Irish Water has responsibility for the delivery of water services infrastructure. It is currently preparing a Capital Investment Programme for 2014 – 2106. The further progression of all water services projects including water conservation projects is now a matter for Irish Water.
Irish Water has confirmed to my Department that it has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via an email to oireachtasmembers@water.ie or by telephone on 1890 278 278.
508. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if he will explain the way the transition to a low-carbon economy by 2050 will be achieved without specific targets as outlined in the heads of the Climate Action and Low-Carbon Development Bill; and if he will make a statement on the matter. [19607/14]
View answerOn 23 April 2014, I released both the General Scheme of the Climate Action and Low-Carbon Development Bill and a National Policy Position on Climate Action and Low-Carbon Development. In looking at the national transition agenda, both documents must be considered together .
The National Policy Position establishe s the fundamental national objective to achieve transition to a competitive, low-carbon, climate-resilient and environmentally sustainable economy by 2050. It sets out the a) context for that objective, b) process through which i t will be progressed, c) level of ambition which will guide Ireland’s transition process, and d) key issues for considera tion in the on-going evolution of national policy .
The wider context set out in the National Policy Position reaffirms Ireland’s commitment to compliance with existing and future obligations of the S tate under EU and international law. As set out in Head 3 of the General Scheme, this commitment will be underpinned in p rimary legislation. Ireland has a challenging greenhouse gas emission reduction target for 2020 which is binding under EU law , and a more stringent target is anticipated at the conclusion of the ongoing negotiations on the 2030 EU policy framework for climate and energy.
As set out in the National Policy Position, t he low-carbon transition process to 2050 will be guided by a long-term vision of low-carbon transition based on an aggregate reduction in carbon dioxide (CO 2 ) emissions of at least 80% (compared to 1990 levels) by 2050 across the electricity generation, built environment and transport sectors; and in parallel, an approach to carbon neutrality in the agriculture and land-use sector, including forestry, which does not compromise capacity for sustainable food production.
I believe that the National Policy Position reflect s the point at which the overall balance of considerations lies at this time. Th e se considerations will, of course, change as the transition agenda progresses, and that is why national policy will be kept under review and will evolve on an iterative basis.
509. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government the legislation governing the inspection and making available of a marked copy of the electoral register used respectively at local, European, presidential and general elections and also referenda; the circumstances in which they are made available; and if he will make a statement on the matter. [19622/14]
View answerProvisions governing the public inspection and making available of marked copies of the register of electors are contained in section 131 of the Electoral Act 1992 for Dáil election s ; in section 20(7) of the European Parliament Elections Act 1997 for European Parliament election s ; and regulation 9 4 of the Local Elections Regulations 1995 for l ocal election s . In general, these provisions provide for public inspection of the marked copy of the register and the availability of copies of or ex tracts from the marked copy of the register subject to conditions. As polling at the forthcoming European Parliament and local elections will take place on the same day, regulations to be made under section 165 of the Electoral Act 1992 will provide for one register to be marked and for the public inspection and availability of the marked copy of the register to comply with regulation 94 of the Local Elections Regulations 1995. There are no provisions in law for the public inspection or making available of the marked copy of the register of electors at a Presidential election or at a referendum .
511. Deputy Áine Collins asked the Minister for the Environment, Community and Local Government with regard to new building regulations, the process in place to allow existing long term practitioners to be certified by his Department in order that they can comply with new regulations. [19633/14]
View answerArchitects, Building Surveyors and Chartered Engineers are the construction professions typically involved in the design of construction works in Ireland and reference to these professions in the new Building Control (Amendment) Regulations 2014 is entirely appropriate.
Neither I nor my Department has any role in the assessment, validation or certification of design practitioners which is a matter for the relevant professional bodies in the construction sector (namely Engineers Ireland, the Royal Institution of Architects of Ireland, and the Society of Chartered Surveyors Ireland) in accordance with EU and national law.
Depending on their personal circumstances it may be open to long term practitioners, who possess the requisite experience and competence in the design of buildings, to seek inclusion on either of the statutory registers maintained by the professional bodies referred to above. Such persons should contact EI, RIAI and SCSI in order to identify the route to registration most suited to their own individual circumstances. Registration in this way would enable a person to sign the statutory certificates of compliance as provided for under the new regulations when came into effect on 1 March 2014. There is no question of persons who are not included on the statutory registers being permitted to sign certificates of compliance.
In 2013, in response in particular to the concerns of those who felt that fewer applications have been made to date by persons who may be eligible to seek inclusion on the register in accordance with Section 22, I asked Mr Garret Fennell, Solicitor, who is currently serving as the Chairperson of the Admissions Board relevant to the register of Architects, to carry out an independent review of the experience to date in relation to the operation of the register with a view to identifying any further improvements that can be made at this point. Following the publication of Mr Fennell’s report on the matter last year, I understand that the RIAI, the designated registration body under Part 3 of the Building Control Act of 2007, has already made a number of modifications to the technical assessment process. My Department, in conjunction with the RIAI as registration body, will be happy to liaise with interested parties in relation to the ongoing development of registration arrangements in line with the recommendations made by Mr Fennell or as otherwise reasonable and appropriate.
513. Deputy Michael McNamara asked the Minister for the Environment, Community and Local Government if he will grant permission to Kilrush Town Council to utilise its own resources, which have been saved in a capital fund for the provision of an astro turf sports facility, to co-finance the grant approved from the Department of Transport, Tourism and Sport and IPB Insurances Limited; and if he will make a statement on the matter. [19651/14]
View answerIn February 2009, my Department set out details of the financial requirements for local authorities relating to their overall management of capital and current accounts. These requirements flow directly from the requirement for Government finances as a whole to be managed in accordance with the Stability and Growth Pact, established under the Maastricht Treaty, and the associated limitation on budget deficits. The local government sector must not impact negatively on the General Government Balance ( GGB ) in any one year.
In order to stay within the overall GGB limit, it is necessary for local authorities to maintain both their current and capital accounts broadly in balance. The only restriction on local authorities is that, in aggregate, capital income equals capital expenditure in the year. Balance is only required at an overall sectoral level and this allows considerable scope for authorities to draw on their existing capital reserves as an element of their overall investment programme. The precise manner in which capital and current accounts are managed in order to achieve the overall balance necessary is a matter for individual local authorities.
It is a matter for every local authority, including Kilrush Town Council , to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and available resources within the GGB limits as set out. Where a local authority wishes to incur capital expenditure in excess of their capital income in any given year, they must apply to my Department for sanction to ensure that such expenditure can be facilitated within the overall GGB limit requirements for the sector for the year in question. My Department has recently provided such sanction to Kilrush Town Council for 2014.
514. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government if Irish Water has within its responsibility all waste water facilities and sewage treatment plants; and if he will make a statement on the matter. [19663/14]
View answerThe Water Services (No. 2) Act 2013 provided for the transfer of responsibility of public water services from the 34 water services authorities to Irish Water. From 1 January 2014, Irish Water assumed responsibility for the delivery of water services, including waste water services .
Section 12 of the Act provides that the nister for the Environment, Community and Local Government may appoint a transfer day or days, by order, to transfer property of the water services authorities to Irish Water. It is expected that a transfer day (or days) for the transfer of waste water treatment plant s and other water services assets to Irish Water will be so appointed later this year. Work is ongoing on compilation of the necessary information on assets to underpin the transfer process.
