Wednesday, 18 Jun 2014

Written Answers Nos 109-120

Departmental Expenditure

Questions (109)

Pádraig MacLochlainn

Question:

109. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government if he will provide the cost to the Exchequer each year from 2009 to 2014 of the amount paid by his Department under the terms of settlements which included confidentiality agreements or confidentiality clauses. [26180/14]

Written answers

Minister for the Environment, Community and Local Government

The information requested is set out in the following table.

Total annual payments by DECLG which included confidentiality agreements/clauses in the terms of settlement

2009	2010	2011	2012*	2013*	2014
€58,489	€0	€0	€5,696,450	€2,664,000	€0

*€8.3 million of the total payments in 2012 and 2013 related to a High Court judgement in respect of a land swap arrangement which, though subject to a confidentiality clause, subsequently came into the public domain under statutory reporting requirements.

Community Development Initiatives

Questions (110, 111)

Thomas Pringle

Question:

110. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if he will consider allowing national organisations to tender for the social inclusion community activation programme; and if he will make a statement on the matter. [26192/14]

Thomas Pringle

Question:

111. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if he will ensure the viability of the National Collective of Community Based Women's Networks into the future; and if he will make a statement on the matter. [26193/14]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 110 and 111 together.

The proposals outlined in Putting People First - Action Programme for Effective Local Government seek to position local government “as the primary vehicle of governance and public service at local level – leading economic, social and community development, delivering efficient and good value services, and representing citizens and local communities effectively and accountably”.

As part of the programme of reform of local government, Local Community Development Committees (LCDCs) are being established in all local authority areas. These Committees, comprising public-private socio-economic interests, will have responsibility for local and community development programmes on an area basis. They will develop, co-ordinate and implement a more coherent and integrated approach to local and community development than heretofore, with the aim of reducing duplication and overlap and optimising the use of available resources for the benefit of citizens and communities.

My Department’s Local and Community Development Programme is the largest social inclusion intervention of its kind in the State. The current Programme officially ended at the end of 2013 having operated for four years with funding of €281m over that period. It is being implemented by the Local Development Companies (LDCs) on a transitional basis for 2014 with a budget of €47m pending the roll out of a new Social Inclusion Activation Programme in January 2015.

The new Programme, the Social Inclusion and Community Activation Programme (SICAP), is one of my key priorities and its budget for next year will be decided in the 2015 Estimates process. The Programme is a key intervention for the harder to reach its target groups are:

- Children and Families from Disadvantaged Areas 

- Lone Parents

- New Communities (including Refugees/Asylum Seekers)

- People living in Disadvantaged Communities

- People with Disabilities

- Roma

- The Unemployed (including those not on the Live Register)

- Travellers

- Young Unemployed People from Disadvantaged areas

In accordance with the Public Spending Code, best practice internationally, legal advice and in order to ensure the optimum delivery of the services to clients; the Programme is subject to a public procurement process, which is currently underway.

The public procurement process is a competitive process that is open to Local Development Companies, other not-for-profit community groups, commercial firms and national organisations, such as the National Collective of Community Based Women's Network (NCCWN), that can provide the services to be tendered for to deliver the new Programme. Joint applications from candidates are encouraged and organisations of varying sizes (for example smaller organisations working in consortia with larger organisations) are invited to submit joint applications. Applicants at stage one of the tendering process must demonstrate that they meet the criteria for the delivery of services in the Lot(s) applied for. All Partner Candidates who are to have a role in the delivery and implementation of the programme must be identified in the Qualification Questionnaire. A contracting arrangement may be required between the Lead Candidate and any Partner Candidates. Candidates may rely on the resources of other entities in order to establish the suitability requirements on condition that they can prove to the satisfaction of Pobal that they will have these resources at their disposal when necessary.

All proposals received will be assessed in accordance with the assessment criteria notified with the tender documentation and the contract or contracts will be awarded on the basis of that assessment. Pobal is assisting my Department and the LCDCs in the preparation of the tender documentation and the assessment criteria.

Local Development Companies Funding

Questions (112)

Éamon Ó Cuív

Question:

112. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government when a decision will be made to approve a local authority lease of lands to a community group (details supplied) in County Galway, as this approval is needed before a Leader application can proceed; and if he will make a statement on the matter. [26210/14]

Written answers

Minister for the Environment, Community and Local Government

There are 35 Local Development Companies contracted, on my Department’s behalf, to deliver Axes 3 & 4 (LEADER) of the Rural Development Programme (RDP) throughout the country and these groups are the principal decision-makers in relation to project approvals on behalf of project promoters. Any issue regarding the leasing of land between the local authority and a project promoter is a matter for the parties concerned in the first instance. My Department has not received correspondence to date regarding the lease referred to.

Appointments to State Boards

Questions (113)

Seán Fleming

Question:

113. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the number of appointments to State boards under the remit of his Department in each year from 2011 to 2014; the number that were publicly advertised; the reason all appointments are not open to public competition; and if he will make a statement on the matter. [26270/14]

Written answers

Minister for the Environment, Community and Local Government

In the period of the Government's term of office up to 31 March 2014, the latest date for which information is available, the appointments set out in the following table were made to the boards of State bodies under the aegis of my Department.

Agency/Board	Name of Appointee	Date of Appointment
	Dr. Mary Kelly (Chairperson)	29/08/2011
	Mr. Conall Boland (Deputy Chairperson)	01/01/2012 Reappointed 01/01/2014
	Ms. Mary MacMahon	27/11/2011
	Mr. Michael Leahy	14/05/2012
	Mr. Nicholas Mulcahy	21/05/2012
	Mr. Gabriel Dennison	21/05/2012
	Mr. Paddy Keogh	21/05/2012
	Ms. Oznar Yucel-Finn	28/01/2013
An Bord Pleanála *	Mr. Robert Ryan	28/01/2013
	Prof. Niamh Brennan (Chairperson)	01/05/2012
	Mr. Niall Coveney	01/05/2012
	Mr. Dónall Curtin	01/05/2012
	Ms. Yvonne Farrell	01/05/2012
	Mr. Mark Griffin (Departmental staff member)	01/05/2012
	Mr. Brendan Malone	01/05/2012
	Ms. Catherine Mullarkey	01/05/2012
	Mr. John Tierney (Chairperson)	01/06/2012
	Mr. Gerry Grimes	01/06/2012
	Dr. Philip Matthews	01/06/2012
	Ms. Lucy McCafferty	01/06/2012
	Mr. Charlie Murphy	01/06/2012
	Ms. Imelda Reynolds	01/06/2012
	Mr. Michael Stubbs	01/06/2012
Dublin Docklands Development Authority Executive Board**	Mr. Frank Walsh	01/06/2012
	Ms. Laura Burke (Director General)	08/11/2011
	Mr. Dara Lynott (Deputy Director General)	12/07/2012
	Mr. Gerard O'Leary	08/05/2012
Environmental Protection Agency*	Mr. Mícheál Ó Cinnéide	25/08/2013
	Dr. Michelle Norris (Chairperson)	22/02/2012
	Mr. John Hogan (Department of Finance nominee)	22/02/2012
	Mr. Phillip Nugent (Departmental representative)	22/02/2012
	Ms. Jackie Maguire (CCMA representative)	13/03/2012
	Mr. Colm Brophy	13/03/2012
	Mr. Michael Murray	13/03/2012
	Mr. Padraic Cafferty	21/03/2012
	Dr. Mary Lee Rhodes	21/03/2012
	Mr. Jim Miley	30/04/2012
	Ms. Michelle Murphy Lawless	30/04/2012
	Mr. Gerry Leahy	30/04/2012
Housing Finance Agency	Mr. Barry O'Leary (CEO, ex-Officio)	26/08/2013
	Ms. Breda Collins (Chairperson)	21/11/2011
	Mr. John Considine	21/11/2011
	Mr. Michael Cuddihy	21/11/2011
	Mr. Tom Doyle	21/11/2011
	Mr. Brendan McGrath	21/11/2011
	Mr. Paul Murphy	21/11/2011
	Mr. Seamus O'Neill	21/11/2011
	Mr. Martin O'Sullivan	21/11/2011
	Ms. Anne Ryan	21/11/2011
	Ms. Lola O'Sullivan	21/11/2011
	Mr. Christy McDonagh	21/11/2011
	Mr. Tim O'Sullivan (Departmental representative)	21/11/2011
Irish Water Safety	Mr. Odran Reid	27/06/2012
	Mr. Rich Howlin (Chairperson)	21/12/2011
	Mr. Conor Skehan (Chairperson replaced Mr Rich Howlin))	01/07/2013
	Mr. Eddie Lewis (Departmental representative)	21/12/2011
	Ms. Marie McLaughlin (Department of Public Expenditure & Reform representative)	21/12/2011
	Mr. Peter Carey, County Manager, Laois County Council	21/12/2011
	Ms. Ann McGuinness	21/12/2011
	Ms. Clodagh Heneghan	21/12/2012
	Mr. Dermot Nolan (Department of Public Expenditure & Reform representative)	21/12/2012
	Mr. John O Connor	21/12/2012
	Mr. Donal McManus	21/12/2012
	Mr. Michael Layde (Departmental representative)	01/08/2012
Housing and Sustainable Communities Agency	Mr. Tony O’Brien	01/07/2013
	Mr. Eddie Breen (Chairperson), County Manager, Wexford County Council	01/01/2012
	Mr. Michael Malone, County Manager, Kildare County Council	01/11/2011
	Mr. Barry Quinlan (Departmental representative)	23/11/2011
Local Government Computer Services Board***	Mr. Enda Holland (Department of Public Expenditure & Reform representative)	22/02/2012
	Mr. Eddie Breen (Chairperson), County Manager, Wexford County Council	01/01/2012
	Mr. Donal Enright (Departmental representative)	01/11/2011
	Mr. Michael Malone, County Manager, Kildare County Council	01/11/2011
Local Government Management Services Board***	Mr. Barry Quinlan (Departmental representative)	23/11/2011
	Mr. Eddie Breen (Chairperson), County Manager, Wexford County Council	20/09/2012
	Mr. Peter Carey, County Manager, Laois County Council	20/09/2012
	Mr. Hubert Kearns, County Manager, Sligo County Council	20/09/2012
	Mr. Michael Malone, County Manager, Kildare County Council	20/09/2012
	Mr. Eddie Sheehy, County Manager, Wicklow County Council	20/09/2012
	Mr. John Tierney, City Manager, Dublin City Council	20/09/2012
	Mr. Barry Quinlan (Departmental representative)	24/09/2012
	Mr. Donal Enright (Departmental representative)	24/09/2012
	Mr. Paul McDonald (Departmental representative)	24/09/2012
	Mr. Martin Riordan, Cork County Manager	18/10/2012
	Mr. Michael Walsh, Waterford City Manager	18/10/2012
	Mr Danny McLoughlin, Westmeath County Manager	21/02/2013
	Mr. Joe Crockett, Kilkenny County Manager	19/12/2013
	Mr. Pat Gallagher, Westmeath County Manager	19/12/2013
	Mr. Owen Keegan, Dublin City Manager	19/12/2013
	Ms. Jackie Maguire, Meath County Manager	19/12/2013
	Mr. Conn Murray Limerick City and County Manager	19/12/2013
	Mr. Joe McGrath, Tipperary County Manager	19/12/2013
	Mr. John McCarthy (Departmental representative)	25/11/2013
	Mr. Ronan Mulhall (Departmental representative)	25/11/2013
Local Government Management Agency***	Mr. David O'Connor	25/11/2013
	Ms. Catriona Walsh (Chairperson)	16/04/2013
	Mr. Tim Ryan	17/02/2012
	Ms. Tricia Sheehy Skeffington	17/02/2012
	Ms. Paula O’Reilly (Departmental staff member)	22/03/2012
	Mr. Noel Merrick	01/04/2013
	Mr Paul Flood (HSE)	01/04/2013
	Mr. John Fitzgerald	01/04/2013
	Ms Rhonda Donaghey	16/04/2013
	Mr. Noel Conroy	02/10/2013
	Mr. Gareth Robinson	02/10/2013
Private Residential Tenancies Board	Ms. Kathleen McKillion	02/10/2013
	Professor William Reville (Chairperson)	16/01/2012
	Dr. Maurice Fitzgerald (Dental Council)	19/10/2011
	Dr. Paraic James (public servant)	16/01/2012
	Dr. Patricia Cunningham (public servant)	20/02/2012
	Mr. John O'Dea	30/11/2012
	Ms. Darina Muckian	30/11/2012
	Ms. Adi Roche	30/11/2012
	Dr. Patrick Gilligan	30/11/2012
Radiological Protection Institute Ireland	Dr. Stephanie Ryan	16/09/2013
	Mr. Paddy McGuinness	11/12/2012 Reappointed 21/02/2014
	Mr. Paul Keyes	21/02/2014
	Mr. Brendan Mooney	21/02/2014
	Dr. Katie Sweeney (Public Servant)	21/02/2014
	Mr. Michael Frain	21/02/2014
	Dr. Ann Higgins	21/02/2014
Western Development Commission	Dr. Deirdre Garvey	21/02/2014

* Appointments to An Bord Pleanála and to the Board of the Environmental Protection Agency are of a full-time executive nature and are governed by statutory processes.

** The board of the Dublin Docklands Development Authority was reappointed for an additional month from 1 May 2012 and replaced by a new board from 1 June 2012 which will continue in place until 30 June 2014.

*** Appointments of the Local Authority CEO ( Manager) members of the Boards of the Local Government Computer Services Board, the Local Government Management Services Board and the Local Government Management Agency (which was established on 1 August 2012, replacing the LGCSB and the LGMSB), are made by the County and City Managers collectively.

A notice was placed on my Department’s website on 19 July 2011, seeking expressions of interest from suitably qualified and experienced persons, for consideration as members or chairpersons of the boards of State bodies under the aegis of my Department. Expressions of interest can be made at any time and will be kept on file in my Department for consideration as vacancies occur. In considering applications, due regard is had to the requirements of the position, the qualifications, experience and expertise of applicants. In considering applications, due regard is also had to Government policy regarding gender balance on State boards.

All appointments are made in accordance with the appropriate legislation governing appointments to each body. In some cases statutory selection procedures must be followed or nominations must be sought from independent nominating panels before appointments are made by the Minister or the Government, as appropriate. In a number of situations, only some appointments to the body concerned are made by the Minister, or appointments are made with the consent of another Minister.

The Water Services Act 2013 provided for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann (BGE) under the Companies Acts. The Memorandum and Articles of Association, provide that the appointment of directors is the responsibility of the Board of BGE, with the approval of the Minister for the Environment, Community and Local Government and the Minister for Communications, Energy and Natural Resources. 12 directors have been appointed to the Board of Irish Water by BGE, for the period to July 2014, and these appointments were approved in advance by me, as Minister, and by Minister for Communications Energy and Natural Resources.

The following have been appointed to the Board of Irish Water:

Agency/Board	Name of Appointee	Date of Appointment
Irish Water	Ms. Rose Hynes (Chair)	July 2013
	Mr. Michael McNicholas	July 2013
	Mr. John Tierney	July 2013
	Ms. Margaret Rae	July/2013
	Mr. Philip Lee	November 2013
	Ms. Hilary Quinlan	November 2013
	Ms. Regina Finn	November 2013
	Mr. Colman Sheehy	November 2013
	Mr. Billy Moore	November 2013
	Mr. Brian McKeown	November 2013
	Mr. Sean Kelly	November 2013
Irish Water	Ms. Jacqueline Hall	November 2013

In addition, although not a State Board in the traditional sense, appointments to the Board of Pobal, a not-for-profit company, fall to be made by the Government having considered nominees from a range of stakeholders. The following persons have been appointed to the Board of Pobal during this Government's term:

Agency/Board	Name of Appointee	Date of Appointment
Pobal	Mr. Séamus Boland (Chair)	03/11/2011
	Mr. Tommy Maguire	03/11/2011
	Mr. Liam Keane	03/11/2011
	Ms. Jennifer McHugh	11/01/2012
	Ms. Mari Hurley	11/01/2011
	Mr. William Cotter	09/10/2012
	Mr. Gerald Quain	09/10/2012
	Cllr. John Kelleher	23/10/2012
	Ms. Ann Costello	23/10/2012
	Ms. Mary Mooty	05/02/2013
	Dr. Deiric O'Broin	08/10/2013
	Ms. Helen Keogh	08/10/2013
Pobal	Ms. Catherine Travers	08/10/2013

The following members were appointed to the National Traveller Accommodation Consultative Committee on 11 September 2013:

- Dr. Eoin O'Sullivan (Chairperson);

- Mr. Conor Smith;

- Mr. Séamus O'Connor;

- Ms. Ronnie Fay;

- Mr. Eugene Cummins;

- Ms. Philomena Poole;

- Cllr. Finnan McCoy;

- Cllr. John Kennedy;

- Ms. Catherine Linehan;

- Mr. Tom Coughlan;

- Ms. Colette Spears;

- Mr. Jim Ganley (Departmental representative);

- Ms. Mary Connors.

The following members were appointed to the Building Regulation Advisory Body:

Name	Date
Mr. Aidan O'Connor (Departmental Staff representative)	19/04/2011
Paul Kelly	19/04/2011
Conor Taaffe	19/04/2011

Finally, the following members were appointed on 10 January 2014 to the Pyrite Resolution Board established under the Pyrite Resolution Act 2013:

- Mr. John O’Connor (Chair);

- Mr. Sean Balfe;

- Mr. Matt Gallagher;

- Ms. Caroline Gill.

Proposed Legislation

Questions (114)

Regina Doherty

Question:

114. Deputy Regina Doherty asked the Minister for the Environment, Community and Local Government his plans for legislation against the manufacture and sale of products containing plastic microbeads; and if he will make a statement on the matter. [26295/14]

Written answers

Minister for the Environment, Community and Local Government

I have no function in relation to legislation on the manufacture and sale of products containing , inter alia, plastic microbeads.

Pyrite Incidence

Questions (115, 116, 117, 118, 119, 120)

Gerry Adams

Question:

115. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will report on the pyrite problem that has emerged in the construction of 25 homes at Moneymore, Drogheda, County Louth. [26308/14]

Gerry Adams

Question:

116. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the steps his Department is taking to ensure the problem of pyrite that has emerged in this instance is not repeated in other housing developments. [26309/14]

Gerry Adams

Question:

117. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the discussions his Department has had with the North and East Housing Association Ltd. in respect of the pyrite discovered in houses it is constructing at Moneymore, Drogheda, County Louth. [26310/14]

Gerry Adams

Question:

118. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the measures his Department will take to ensure that the 25 new homes in the Moneymore, Drogheda, County Louth area are completed and available to citizens on the council housing list. [26311/14]

Gerry Adams

Question:

119. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if his Department is aware of any other new developments about which there is concern at the possible presence of pyrite. [26313/14]

Gerry Adams

Question:

120. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if, in respect of the discovery of pyrite and the planned demolition of newly constructed homes at the North and East Housing Association Ltd. development in Moneymore, Drogheda, any on-site inspections were carried out over the course of construction by planning control inspectors and-or engineers; under building regulations, if any inspections or tests are carried out regarding quality of building supplies-suppliers; and if there will be a cost to the public purse. [26314/14]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 115 to 120, inclusive, together.

A potential problem concerning pyrite in concrete blocks was signalled to my Department in early April 2014 by the market surveillance authority (i.e. building control authority) in whose functional area the block manufacturer is located. Subsequently, some industry representatives have also contacted my Department in relation to the issue. Under the European Union (Construction Products) Regulations 2013, building control authorities are designated as the principal market surveillance authorities for construction products that fall within the scope of the Construction Products Regulation (CPR) and are responsible for the market surveillance of such products. Concrete blocks are covered by a harmonised European standard (EN 771-3-2011-Aggregate concrete masonry units (dense and light weight aggregates) and therefore come within the remit of the CPR.

The European Union (Construct ion Products) Regulations 2013 provide building control authorities with a wide range of powers to ensure that constructions products placed on the market comply with the requirements set out in the Construction Products Regulation. Such powers include the issuing of a notice to require corrective actions to be taken by an economic operator within a specified period of time and, in the event of a serious risk being identified, to request the Minister to prohibit or restrict a construction product from being made available on the market, to withdraw it from the market or to recall it, or to make its use subject to special conditions as deemed appropriate.

On being advised of the problem the relevant market surveillance authority took immediate and appropriate action under the applicable legislation to deal with this issue. The authorised officer of the market surveillance authority involved visited the premises of the block manufacturer and requested detailed information as to the precise nature and extent of the problem including where the blocks had been supplied, the actions taken or being taken by the block manufacturer to deal with the problem as well as necessary documentation to demonstrate compliance with the harmonised European standard for blocks and with the requirements of the CPR.

It is understood that a small number of construction sites have been supplied with the affected blocks, that the company is co-operating with the market surveillance authority and has supplied certain information on the extent of the problem, the actions being taken to provide for a resolution and compliance documentation. Additional information has been sought from the company to provide clarity on a number of pertinent issues.

My Department has written to the building control/market surveillance authorities in whose functional areas the construction sites to which it is understood the blocks were supplied are located and advised them to visit the construction sites identified for the purposes of assessing whether the concrete blocks used in the construction works on these sites are “proper materials” within the meaning of Part D of the Building Regulations 1997, i.e. that they are fit for the use for which they are intended and for the conditions in which they are to be used.

One of the developments involved is a social housing development of 25 dwellings commissioned by North and East Housing Association Ltd. in Moneymore, Drogheda, County Louth. As matters stand, it would appear that six houses in the development will have to be demolished due to the incorporation of defective blocks in the construction. Testing of the blocks on the six houses involved confirmed the presence of pyrite in the blocks and the solution is for demolition and rebuild. It is understood that the contractor and the concrete block manufacturer are co-operating in order to provide a resolution to the problem through the construction contracts. Further testing of the remaining 19 houses in the development is being carried out and these results are awaited to determine what, if any, remedial action will be needed in respect of the remaining houses. On completion of a satisfactory resolution to these matters, the 25 housing units in Moneymore will be made available for social housing purposes.

From the information available at this stage, it appears that testing has also been carried out in a small number of other developments identified as having been supplied with the affected blocks which has confirmed the presence of deleterious material (sulphates/pyrite) in the blocks. My Department understands that in each case the costs of resolution are being pursued, in the first instance, with the relevant contractors and suppliers through the construction contracts. The actions taken thus far by the relevant parties involved suggest that the regulatory system is functioning effectively and that an appropriate means of redress is being pursued through those responsible for the building failure.

My Department will continue to work closely with the building control/market surveillance authorities involved in dealing with this particular matter to monitor the situation. It will continue to provide whatever advice, guidance or clarifications as are required to ensure that the necessary actions are taken to resolve the problems identified and to safeguard against defective products being placed on the market.