Written Answers Nos. 142 - 148
142. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding the taking in charge of an estate (details supplied); and if he will make a statement on the matter. [20473/14]
View answerSection 180 of the Planning and Development Act 2000 provides that, where an estate is completed to the satisfaction of the planning authority in accordance with the planning permission and any conditions attached to the permission, the planning authority must initiate taking in charge procedures as soon as possible following a request to do so by the developer or by the majority of the owners of the properties involved. Similarly, where an estate has not been completed to the standard outlined in the planning permission and the planning authority has not taken enforcement action within seven years of the expiry of the permission authorising the development, section 180 also provides that the planning authority must initiate taking in charge procedures if requested to do so by a majority of the owners of the properties concerned. The decision as to whether an estate should be taken in charge is ultimately one for the elected members of the planning authority having regard to a report prepared by the Authority’s Planning Section.
Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a local authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the local authority considers that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate.
Section 180 does not contain any provisions in relation to the payment or non-payment of management company fees as this is not directly relevant to the matter of taking in charge. Management companies for residential developments are generally constituted under the Companies Acts and are required to comply with the provisions of company law, which comes within the area of responsibility of my colleague the Minister for Jobs, Enterprise and Innovation while the Multi-Unit Developments Act 2011, which contains specific provisions in relation to the governing of management companies in multi-unit developments, falls under the remit of my colleague the Minister for Justice and Equality.
143. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government if he will provide an update on the assessment by his Department of the most recent foreshore lease application made by a company (details supplied) for the carrying out of geotechnical and geophysical site investigation works off the coast of County Wicklow near Greystones, County Wicklow; if an independent landscape and visuals consultant has at any time been engaged by his Department to assess the visual impact of the offshore wind farm development from protected landscape areas in Bray, Greystones and along the Wicklow coast; in view of the fact that there is no longer a plan in place for an intergovernmental energy export agreement if this application should be considered legally premature and returned to the applicants; and if he will make a statement on the matter. [20476/14]
View answerA lease application under section 2 of the Foreshore Act 1933 was received by my Department on 25 March 2009 to construct an offshore windfarm known as Codling II on the Codling Banks, off the coast of County Wicklow. This application is for an extension to an already leased area at the Codling Banks, known as the Codling I offshore windfarm. Consideration of the application, including the consideration of any landscape or visual amenity issues, was placed on hold by my Department pending the publication of the Offshore Renewable Energy Development Plan (OREDP). The OREDP was published by the Department of Communications, Energy and Natural Resources in February 2014 and the lease application will now be considered in the context of the OREDP and its associated Strategic Environmental and Appropriate Assessments.
Separate to the lease application, 2 applications under section 3 of the Foreshore Act for licences to carry out site investigations in the area have been received by my Department and are currently under assessment. The purpose of these site investigation works is to assess the geotechnical conditions at the site and to gather updated baseline data in relation to environmental conditions. The grant of a licence to undertake site investigation works does not confer any entitlement on an applicant to a future lease under the Foreshore Acts.
144. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government if he will consider amalgamating all household charges currently under his remit in order to allow for exemptions and reductions for certain members of society, for example, old age pensioners; and if he will make a statement on the matter. [20478/14]
View answerIn relation to water charges, the Programme for Government sets out a commitment to the introduction of water charges based on usage above a free allowance. In January 2013, the Economic and Social Research Institute was commissioned by my Department to undertake a study into water affordability and the provision of water services in Ireland. An Inter-Departmental Working Group was established in October 2013 to advise the Government on the appropriate method for addressing affordability issues which may arise with the introduction of domestic water charges. The Group have taken into account the ESRI study as part of their examination of the issues. The Group comprises my Department and the Departments of the Taoiseach, Social Protection, Public Expenditure and Reform and Finance. I propose to publish the report of the Inter-Departmental Working Group, which includes the work of the ESRI, on my Department’s website shortly.
The Government has decided, following consideration of proposals in relation to the funding model for Irish Water and taking account of the work of the Inter-Departmental Working Group, to provide a free allowance of 30,000 litres of water supplied and waste water treated per annum for a primary residence on a public supply. The Government has also decided to provide for an additional free allowance to cover the normal usage of water services by every child in their primary residence based on the same qualifying conditions as child benefit, such that water charges will in effect only apply to adults in such households. The normal consumption is estimated at 38,000 litres annually per child of water supplied and waste water treated and so the allowance being provided will be up to 38,000 litres per annum. This level of consumption will be verified over time through actual data from metering. The Government has also decided that bills will be capped at the assessed charge level for those customers with particular medical conditions which necessitate high water usage.
The vast majority of household waste is collected by private waste collectors. In the very few areas where local authorities still collect waste, they do so in a market open to competition from private operators. As waste charges represent a fee for a service provided, primarily by the private sector, their amalgamation with other household charges does not arise. Matters relating to Local Property Tax are a matter for my colleague the Minister for Finance.
145. Deputy Joe Carey asked the Minister for the Environment, Community and Local Government the way water charges will be established for those on a public water supply maintaining their own private septic tank; and if he will make a statement on the matter. [20513/14]
View answerThe Programme for Government sets out a commitment to the introduction of water charges based on usage above a free allowance. The Government considers that charging based on usage is the fairest way to charge for water and it has, therefore, decided that water meters should be installed in households connected to public water supplies. The Water Services Act 2013 provided for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigned the company the necessary powers to allow it to undertake the metering programme.
The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from its customers in receipt of water services provided by it. It also assigns responsibility for the independent economic regulation of Irish Water to the Commission for Energy Regulation (CER) and Irish Water will be subject to the approval of the CER. Where a household is connected to a public water supply but is not connected to a public sewer, the household will only pay for water supply and will not be liable for charges for waste water treatment.
146. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if he will take steps in the forthcoming capital programme and in conjunction with An Bord Uisce, to include the necessary expansion and upgrading of a sewerage scheme (details supplied) in County Westmeath as same is urgently required; and if he will make a statement on the matter. [20558/14]
View answerThe Kilbeggan Sewerage Scheme Phase 1 was included in my Department’s Water Services Investment Programme 2010 – 2013 as a ‘Contract to Start’ during the period of the Programme. On 22 May 2008, my Department issued approval to the Preliminary Report to Westmeath County Council with eligible costs amounting to €5.48 million. The next step was for Westmeath County Council to draw up the contract documents with a view to advancing the scheme to tender stage as quickly as possible.
The Department received correspondence from Westmeath County Council in September 2012 stating that the major scheme, as envisaged in the approved Preliminary Report, would not be proceeding given the downturn in the economic climate and the limited funding available to the Council. However, in order to cater for the current and future demands in Kilbeggan and in particular to meet the discharge standards of the EPA wastewater discharge licence, some immediate minor works were required to replace or upgrade elements of the Kilbeggan Waste Water Treatment Plant. These advance works commenced in 2013 at an approved cost of €467,664.
From 1st January 2014 Irish Water has responsibility for the delivery of water services capital infrastructure. It is currently preparing a Capital Investment Plan for 2014 – 2016. The further progression of all water services capital projects is now a matter for Irish Water. 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 email at oireachtasmembers@water.ie or by telephone on 1890 278 278.
148. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government the reason he has not published the ESRI report provided to his Department on water affordability; when he intends to do so in order that all members of Dáil Éireann will be fully informed of the evidence base for the impact of proposed changes on different income groups. [20618/14]
View answerIn January 2013, the Economic and Social Research Institute was commissioned by my Department to undertake a study into water affordability and the provision of water services in Ireland. An Inter-Departmental Working Group was established in October 2013 to advise the Government on the appropriate method for addressing affordability issues which may arise with the introduction of domestic water charges. The Group have taken into account the ESRI study as part of their examination of the issues. The Group comprises my Department and the Departments of the Taoiseach, Social Protection, Public Expenditure and Reform and Finance.
The Government has decided, following consideration of proposals in relation to the funding model for Irish Water and taking account of the work of the Inter-Departmental Working Group, to provide a free allowance of 30,000 litres of water supplied and waste water treated per annum for a primary residence on a public supply. The Government has also decided to provide for an additional free allowance to cover the normal usage of water services by every child in their primary residence based on the same qualifying conditions as child benefit, such that water charges will in effect only apply to adults in such households. The normal consumption is estimated at 38,000 litres annually per child of water supplied and waste water treated and so the allowance being provided will be up to 38,000 litres per annum. This level of consumption will be verified over time through actual data from metering.
The Government has also decided that bills will be capped at the assessed charge level for those customers with particular medical conditions which necessitate high water usage. These decisions will be communicated to the CER through a Ministerial Direction issued in accordance with the Water Services (No.2) Act 2013. Following on from these decisions, I propose to publish the report of the Inter-Departmental Working Group which includes the work of the ESRI, on my Department’s website shortly.
149. Deputy Michael McNamara asked the Minister for Justice and Equality the recreational facilities or areas for residents to exercise that will be retained at the asylum seeker centre Knockalisheen after the proposed sale of lands adjacent to the centre by the Department of Defence; and if he will make a statement on the matter. [20383/14]
View answerThe Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers while their application for international protection are being processed. Currently, RIA is providing accommodation for approximately 4,300 persons in 34 centres located in 16 counties throughout the State. Seven of these centres, including at Knockalisheen, Co. Clare, are State owned; that is to say, the land and buildings are owned by the State. In the case of Knockalisheen, the land is owned by the Department of Defence.
The Deputy has asked an identical question of me today in my capacity as Minister for Defence. As I state in that response too, the Department of Defence has no plans to dispose of any lands in Knockalisheen allocated to the asylum centre. Lands in Knockalisheen surplus to the requirements of that Department are subject to ongoing negotiations with a number of sitting tenants for the sale to them of the lands which they currently hold under licence, while the remainder of the lands will be disposed of by auction in due course. At all events, these actions by the Department of Defence will not affect the asylum accommodation centre and RIA has no plans to reduce the recreational facilities available to asylum seekers in any way.
150. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality following the conclusion of the recent trial of three former Anglo Irish Bank executives, his views that corporate governance law in the State needs to be strenghtened following confirmation that €450 million was provided on extraordinarily advantageous terms, in loans by an Irish bank to borrowers in order that they buy the bank's own shares, and six years after the commission of this crime, only two individuals have been convicted, who currently face community service sentences and-or fines of up to €6,000; and if he will make a statement on the matter. [20429/14]
View answer151. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality following the conclusion of the recent trial of three former Anglo Irish Bank executives, where the judge characterised the maple ten borrowers as certainly good men and acting with good motives, his views on whether corporate governance law in the State needs to be strengthened so that borrowers offered loans by a company on extraordinarily advantageous terms to buy shares in that company should be held criminally liable if they accept such lending; and if he will make a statement on the matter. [20430/14]
View answer152. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality following the conclusion of the recent trial of three former Anglo Irish Bank executives, if he will provide an estimate of the financial cost of the Garda investigation into the unlawful maple ten lending and lawful Quinn lending which supported the price of shares in Anglo Irish Bank. [20431/14]
View answer153. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality following the conclusion of the recent trial of three former Anglo Irish Bank executives, if he will provide an estimate the number of Garda man years expended in the Garda investigation into the unlawful maple ten and lawful Quinn lending which supported the price of shares in Anglo Irish Bank. [20432/14]
View answerI propose to take Questions Nos. 150 to 153, inclusive, together.
I am advised by the Garda authorities that the recent trial referred to resulted from one strand of the investigations into Anglo Irish Bank. These investigations contain several such strands and between 2011 and 2013 investigation files in relation to all strands have been submitted to the Director of Public Prosecutions (DPP) by the Office of the Director of Corporate Enforcement and the Garda Bureau of Fraud Investigation. I am advised that, as there are several strands of investigation involved, it would require a disproportionate amount of Garda time and resources to estimate the amount of Garda time involved or the others costs referred to by the Deputy. As regards the legislative and corporate governance issues referred to, I can inform the Deputy that legislation with respect to banking and company law are matters for my colleagues the Minister for Finance and the Minister for Jobs, Enterprise and Innovation respectively. With respect to the Deputy's reference to comments made by the judge in the case in question, I am sure he will appreciate that the courts are, subject only to the Constitution and the Law, independent in the exercise of their judicial functions and it would be inappropriate for me to comment on the conduct of this or any other case.
154. Deputy Mattie McGrath asked the Minister for Justice and Equality the position regarding the attempts by An Garda Síochána to ban a number of classes of firearms; if his attention has been drawn to the fact that a judge (details supplied) recently took the unusual step of issuing a lengthy written judgment regarding firearms, the contents of which raise a great many serious questions for the Garda; his assessment of the risks identified in that written judgment; and if he will make a statement on the matter. [20464/14]
View answer159. Deputy Brendan Smith asked the Minister for Justice and Equality if his attention has been drawn to the issues raised by the National Association of Regional Game Councils in relation to the licensing of firearms; and if he will make a statement on the matter. [20590/14]
View answerI propose to take Questions Nos. 154 and 159 together.
In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, my Department is currently examining key policy, legislative, administrative and other issues relating to firearms licensing in conjunction with An Garda Síochána. This process will have regard to all relevant court cases. I expect to receive and consider a report in relation to these matters within 2 months. When I have considered that report I will consider what further action is necessary in relation to the firearms licensing system, including in relation to the proposals from the National Association of Regional Game Councils on behalf of a coalition of shooting interest groups. Further consultation with relevant stakeholders will take place when I have considered the report and before any decisions are finalised in relation to proposals for change to the firearms licensing system.
155. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality his views on alleged interception of prisoners' phone calls; the role the Prison Service played in these alleged interceptions; if he was aware of the alleged interceptions; if so, the actions he took; and if he will make a statement on the matter. [20510/14]
View answerI can advise the Deputy that on 26 March 2014 the Director General of the Irish Prison Service became aware of an anomaly whereby a number of prisoners who had more than one solicitor on the Prisoner Phone System had their phone calls to the second solicitor recorded. In these cases, calls to additional solicitors were inadvertently recorded as they were outside the restriction parameters that were then in place on the Prisoner Phone System. At present the Prisoner Phone System records all prisoner calls with the exception of 2 call channels which are left unrecorded. There are channel 1 which is assigned to the prisoner’s solicitor and channel 99 which is assigned to the Samaritans. This is in accordance with Rule 46 of the Prison Rules, 2007.
I was informed of this issue on Tuesday 1 April 2014. On 2 April 2014 I asked the Inspector of Prisons to carry out an urgent independent investigation into all the circumstances surrounding the recording of telephone conversations between prisoners and their solicitors. The Inspector has been asked to carry out his investigation pursuant to section 31 of the Prisons Act, 2007 and to submit his report to me as soon as possible. The Inspector's report will be published. The terms of reference of the investigation are as follows: (a) identify the circumstances which gave rise to the recording of these telephone conversations and the action taken to address this; (b) any action now required to address the issue including any amendments to existing law, regulations and practices; and (c) consider the data protection implications of the recording of conversations and any action required to ensure compliance with Data Protection legislation and the rights of those in prison. I have asked the Inspector of Prisons to submit his report on the investigation as soon as possible.
In addition, on 4 April 2014 the Government published the terms of reference for the Commission of Investigation to be Conducted by Mr Justice Fennelly. In the event that any matter arises from the Report of the Inspector of Prisons into all the circumstances surrounding the recording of telephone conversations between prisoners and their solicitors, which appears to require further investigation in the public interest the Commission may investigate and report on same.
