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Wednesday, 17 Sep 2014

Written Answers Nos. 1440-1467

Pupil-Teacher Ratio

Questions (1440)

Finian McGrath

Question:

1440. Deputy Finian McGrath asked the Minister for Education and Skills to set out the position regarding school fees for Protestant schools (details supplied); and if she will make a statement on the matter. [34765/14]

View answer

Written answers

The issue raised by the Deputy is about seeking a reduction in the pupil teacher ratio for fee-charging Protestant secondary schools.

The Government's focus in recent years has been on operating a budgetary programme that is designed to return the Government finances to a sustainable basis.

One aspect of the budgetary decisions was to increase the pupil teacher ratio for fee-charging schools. Fee-charging schools have the resources, through fees charged, to employ teachers privately, an option which is not available to schools in the free education scheme.

Given the current budgetary environment there is no scope in the short term to consider improvements to pupil teacher allocation ratios. My Department's focus for the foreseeable future is on targeting any additional resources to cater for the continuing increase in demographics at all levels in the education system.

Capitation Grants

Questions (1441)

Finian McGrath

Question:

1441. Deputy Finian McGrath asked the Minister for Education and Skills to outline the position regarding school secretaries and the reduction of their salaries when they are paid by individual schools (details supplied); and if she will make a statement on the matter. [34770/14]

View answer

Written answers

The majority of primary and voluntary secondary schools in the Free Education Scheme now receive capitation grant assistance to provide for secretarial services. Within the capitation grant schemes, the level and extent of services provided is a matter for the school authorities who, through the discretion afforded under the scheme, apply diverse arrangements for secretarial services as resources permit. Secretaries employed by schools using grant funding are employees of the individual school and my Department therefore does not have any role in determining the pay and conditions under which they are engaged. These are matters to be agreed between the staff concerned and the school authorities.

The Financial Emergency Measures in the Public Interest (No 2) Act 2009 determined the criteria for reducing the pay of public servants with effect from January 2010. All persons employed by a recognised school or VEC/ETB are "public servants" within the meaning of the Act, regardless of the source of the money used to fund their salary, the lack of ability of any Minister or Department to determine on their appointment or set their pay rates and irrespective of whether they are eligible for, or members of, a public service pension scheme. The fact that such staff come within the definition of "public servant" solely for the purposes of the Act does not alter their employment status in any other respect.

Accordingly, my Department outlined in Circular 0070/2010 that adjustments in salary should be applied with effect from 1 January 2011, to all relevant staff including school secretaries, in the employment of recognised schools or VECs, who were not already affected by the pay reductions introduced under the Act. I understand that the case referred to by the Deputy is to be referred to the High Court, it would therefore be inappropriate for me to comment on the case at this time.

Weight of Schoolbags

Questions (1442)

Dara Calleary

Question:

1442. Deputy Dara Calleary asked the Minister for Education and Skills to set out her policy on school bags and the excessive weight that students in secondary schools are expected to carry; whether she has a health and safety policy on this issue; whether health and safety inspections take place on this issue; and if she will make a statement on the matter. [34821/14]

View answer

Written answers

The report of the Working Group on the Weight of School Bags recognised that many of the solutions to this issue belong at local school level and made various recommendations in this regard, such as optimum use of storage facilities, developing pupil organisation skills and timetabling. My Department issued circulars to all primary and post-primary schools in 2005 to highlight the potential health hazard of overweight schoolbags and to outline a range of local measures that could be put in place to help alleviate the problem. The circulars referred to the recommendations of the report. It is a matter for each individual school to determine which particular measures are most suited to its individual circumstances and to how the school concerned organises teaching and learning. The circulars (PC 13/05 and M35/05) and the report of the Working Group on the Weight of School Bags are available on my Department's website at www.education.ie.

Schools Building Projects Status

Questions (1443)

Brendan Smith

Question:

1443. Deputy Brendan Smith asked the Minister for Education and Skills to set out the position regarding the proposed building project for a school (details supplied) in County Cavan; the stage this particular project is at; when it will proceed to the next stage; the estimated cost of the project; the timeframe for construction; and if she will make a statement on the matter. [34824/14]

View answer

Written answers

The building project for the school referred to by the Deputy is currently at an advanced stage of Architectural Planning (Stage 2(b) – Detailed Design). Details on the estimated cost of the project cannot be provided owing to commercial sensitivities. Due to competing demands on my Department's capital budget, imposed by the need to prioritise the limited funding available for the provision of additional school accommodation to meet increasing demographic requirements, it was not possible to include this project in the 5-year construction programme announced in March 2012. School building projects which were previously initiated, but not included in the current 5-year construction programme, continue to be progressed to final planning stages in anticipation of the possibility of further funds being available to my Department in the future.

School Funding

Questions (1444)

Terence Flanagan

Question:

1444. Deputy Terence Flanagan asked the Minister for Education and Skills to set out her views on correspondence (details supplied) regarding fair funding of schools; and if she will make a statement on the matter. [34855/14]

View answer

Written answers

I wish to inform the Deputy that I have been in discussions with all the education partners, which included Pre-Budget matters.

I met with the Joint Managerial Body which represents all voluntary secondary schools, including fee charging schools.

I received their Pre-Budget 2015 submissions, which covered the matters raised by the Deputy.

The Deputy will appreciate that I cannot at this stage anticipate any specific decisions the Government may take in the next Budget.

Pupil-Teacher Ratio

Questions (1445)

Terence Flanagan

Question:

1445. Deputy Terence Flanagan asked the Minister for Education and Skills to set out her views on correspondence (details supplied) regarding pupil-teacher ratio; and if she will make a statement on the matter. [34861/14]

View answer

Written answers

The issue raised by the Deputy is about seeking a reduction in the pupil teacher ratio for fee-charging Protestant secondary schools. The Government's focus in recent years has been on operating a budgetary programme that is designed to return the Government finances to a sustainable basis.

One aspect of the budgetary decisions was to increase the pupil teacher ratio for fee-charging schools. Fee-charging schools have the resources, through fees charged, to employ teachers privately, an option which is not available to schools in the free education scheme.

Given the current budgetary environment there is no scope in the short term to consider improvements to pupil teacher allocation ratios. My Department's focus for the foreseeable future is on targeting any additional resources to cater for the continuing increase in demographics at all levels in the education system.

School Transport Provision

Questions (1446)

Brendan Smith

Question:

1446. Deputy Brendan Smith asked the Minister for Education and Skills if she will ensure that the transport service to a school (details supplied) in County Cavan will be restored in view of the difficulties caused for families by the withdrawal of this service, taking into account that the school draws its pupils from a wide catchment area; and if she will make a statement on the matter. [34871/14]

View answer

Written answers

Children are eligible for transport where they reside not less than 3.2 kms from and are attending their nearest national school as determined by the Department/Bus Éireann, having regard to ethos and language.

A minimum number of 10 eligible children residing in a distinct locality, as determined by Bus Éireann, are required before consideration may be given to the establishment or retention of school transport services, provided this can be done within reasonable cost limits.

Bus Éireann has advised that the school transport service operating to the school in question was withdrawn for the 2014/15 school year as the number of children who were eligible for transport had fallen below the minimum number required.

Families of eligible children, for whom there is no school transport service available, are eligible for the remote area grant towards the cost of making private transport arrangements.

The terms of the scheme are applied equitably on a national basis.

Departmental Staff Recruitment

Questions (1447)

Thomas P. Broughan

Question:

1447. Deputy Thomas P. Broughan asked the Minister for Education and Skills to set out the total number of new appointments made in her Department and those under her remit since March 2011 to date in 2014, with a breakdown of the grade to which they were appointed during the period. [35119/14]

View answer

Written answers

Following the introduction of the Government moratorium on Civil & Public Service recruitment in 2009 my Department approached the Department of Public Expenditure & Reform (D/PER) in relation to certain posts it considered essential in order to deliver key services to schools such as school inspections and educational psychological services and therefore many of the appointments included in the following table were to replace staff who had retired/resigned during the period under consideration. The requested information in respect of new appointments in my Department is set out in the following table which does not include secondments or redeployments to this Department.

The information requested in respect of bodies under the remit of my Department is currently being collated and will be forwarded to the Deputy as soon as possible.

Since March 2011

Grade

New Appointments

Educational Psychologist

13

Post Primary Inspector

2

Solicitor (assigned on secondment basis from Chief State Solicitor’s office )

1

Below are Ministerial appointees who have since left the Department in 2014

Grade

New Appointments

Special Adviser

2

Personal Assistant

2

Personal Secretary

2

Civilian Drivers (Assigned to Minister and Minister of State)

4

2012

Grade

New Appointments

Educational Psychologist

6

Post Primary Inspector

5

Primary District Inspector

5

2013

Grade

New Appointments

Shared Services Adviser

1

Programme Manager in Public Service Reform

1

Educational Psychologist

7

Below is a Ministerial appointee who has since left the Department in 2014

Driver

Number

Civilian Driver

1

2014

Grade

New Appointments

Administrative Officer Developers in Information and Communications Technology (ICT)

5

Primary District Inspector

2

Educational Psychologist

3

Below are Ministerial appointees

Grade

New Appointments

Personal Assistant

2

Personal Secretaries

2

Special Advisers

2

Civilian Drivers

3

Haddington Road Agreement Implementation

Questions (1448)

Seán Fleming

Question:

1448. Deputy Sean Fleming asked the Minister for Education and Skills to set out the number of public sector employees under her remit who are subject to a freeze on their increment payment in 2014; and if she will make a statement on the matter. [35133/14]

View answer

Written answers

The arrangements provided for under the terms of the Haddington Road Agreement regarding the deferral of increments of teaching and non-teaching staff paid on payrolls operated by my Department are outlined in four Circulars issued by my Department. The details for primary teachers are outlined in Circular 32/2013 and in 05/2014 for post primary teachers. Circular 34/2013 outlines the position for special needs assistants and Circular 35/2013 outlines the details for caretakers and clerical officers. In the case of Special Needs assistants, only staff who were employed prior to 1/1/11 and who are reaching the maximum of the salary scale or being awarded the long service increment will be subject to the 3 month deferral as all other points on the salary scale are less than €35,000.

The data as requested by the Deputy is being collated and I will arrange for it to be forwarded to him.

Departmental Staff Redeployment

Questions (1449)

Finian McGrath

Question:

1449. Deputy Finian McGrath asked the Minister for Education and Skills to set out the number of civil servants, public servants and semi-State employees in her Department on career break at the time of the Haddington Road agreement who lost their right to return to their old positions; of these, the number who have since been offered redeployment opportunities; the number who availed of suitable redeployment opportunities; the number who terminated their employment; the number who have been accommodated with supernumerary positions after being on redeployment lists for over one year; and if she will make a statement on the matter. [35144/14]

View answer

Written answers

Teachers and SNAs returning from career breaks return to the school in which they were working before they went on career break.

The position in relation to the other 20,000 employees in the education sector depends on the policies and arrangements in place in each of the employments in which they work. In this regard it should be noted that the Haddington Road Agreement did not provide for any change to the position of staff in the education sector as regards their right to return to their old positions when returning from career break.

Gaelscoil Issues

Questions (1450)

Aengus Ó Snodaigh

Question:

1450. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Oideachais agus Scileanna cad é an staid maidir le Gaelcholáiste Phort Láirge faoi láthair. [34156/14]

View answer

Written answers

Is mian liom a chur in iúl don Teachta go bhfuil an scoil i gceist ag feidhmiú faoi láthair agus aitheantas sealadach aici. Tá iarratas ar aitheantas buan faighte ag mo Roinnse ó lucht bainistíochta na scoile. Táthar ag breithniú an iarratais seo faoi láthair agus cuirfear an cinneadh in iúl d'údaráis na scoile nuair a bheidh an próiseas seo curtha i gcrích.

Voluntary Sector Funding

Questions (1451, 1472, 1474, 1477, 1480, 1481, 1482, 1483, 1486, 1528, 1597)

Michael Healy-Rae

Question:

1451. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government to outline his plans to address the problem faced by 26 voluntary disability and health groups that have lost their State funding; and if he will make a statement on the matter. [32971/14]

View answer

Derek Nolan

Question:

1472. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government to outline his plans to reverse the decision which saw the Neurological Alliance of Ireland have its funding application refused on the grounds that the persons it represents were deemed not to constitute a disadvantaged group; and if he will make a statement on the matter. [33012/14]

View answer

Timmy Dooley

Question:

1474. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government if he will confirm that funding for Deaf Village Ireland which funded the advocacy group Deaf Forward, part of the Irish Deaf Society, under the scheme to support national organisations has been reduced; when the funding is likely to be reinstated; and if he will make a statement on the matter. [33032/14]

View answer

Eric J. Byrne

Question:

1477. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government to outline the position regarding the funding of an organisation (details supplied); and if he will make a statement on the matter. [33053/14]

View answer

Mary Mitchell O'Connor

Question:

1480. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government to explain the reason all 11 neurological organisations which applied for funding in the allocations for the 2014-16 round of schemes to support national organisations were all turned down; and if he will make a statement on the matter. [33074/14]

View answer

Mary Mitchell O'Connor

Question:

1481. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government to explain how he plans to minimise the impact on the thousands of persons who use the services of Muscular Dystrophy Ireland, whose funding has been cut; and if he will make a statement on the matter. [33075/14]

View answer

Mary Mitchell O'Connor

Question:

1482. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government to explain how he plans to minimise the impact on the thousands of persons who use the services of the Huntingdon’s Disease Association, whose funding has been cut; and if he will make a statement on the matter. [33077/14]

View answer

Mary Mitchell O'Connor

Question:

1483. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government to explain how he plans to minimise the impact on the thousands of persons who use the services of the Irish Deaf Society, whose funding has been cut; and if he will make a statement on the matter. [33079/14]

View answer

Timmy Dooley

Question:

1486. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government if he will confirm that funding for Deaf Village Ireland under the scheme to support national organisations has been reduced; when the funding is likely to be reinstated; and if he will make a statement on the matter. [33123/14]

View answer

Gerry Adams

Question:

1528. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will revisit and reverse the decision not to allocate funding to the Irish Motor Neurone Disease Association under the scheme to support national organisations 2014-16; and if he will make a statement on the matter. [33774/14]

View answer

Seán Kyne

Question:

1597. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if the review of the scheme to support national organisations has commenced, as announced when he restored funding to a number of organisations; if the findings of the review will be published and outlined in adequate time before the end of the current funding arrangements; and if he will make a statement on the matter. [34704/14]

View answer

Written answers

I propose to take Questions Nos. 1451, 1472, 1474, 1477, 1480 to 1483, inclusive, 1486, 1528 and 1597 together.

The funding scheme to support national organisations in the community and voluntary sector aims to provide multi-annual funding to national organisations towards core costs associated with the provision of services. Applications for a new round of funding, which commenced on 1 July 2014, were subject to an appraisal process. My predecessor was anxious to make funding available to as many organisations as possible within the prevailing resource constraints and approved 55 applications for funding for the two-year period from 1 July 2014 to 30 June 2016.

While it was known that the existing scheme was ending on 30 June 2014 and applications were sought for the new scheme with no guarantee of continued funding, it is clear that organisations had become increasingly dependent on this funding. Against that background, I announced, on 18 July 2014, the allocation of bridging funding of €1.4 m to a number of previously funded health, disability and other organisations for a twelve month period, pending the carrying out of a review of the public funding of national organisations in the health and disability sector. My Department has now commenced a process of engagement with the Department of Health in order to advance the review, which is being undertaken in agreement with my colleague, the Minister of State at the Department of Health with Special Responsibility for Primary Care, Mental Health and Disability. The review is designed to rationalise the funding of these organisations to ensure efficiency in the use of public money and avoidance of duplication, while providing appropriate support to organisations working in the sector. Following on from the initial contacts with the Department of Health, my officials have now started the process of engagement with that Department with a view to provision of appropriate support to organisations beyond June 2015. It is intended to complete and publish the outcome of the review in due course.

This bridging funding in 2014/2015 is a once-off transitional arrangement and will enable organisations to plan for their future, whether with or without State support, such as that provided under the Scheme to Support National Organisations. Details of transitional funding allocations are set out in the following table.

-

Bridging Funding for 12 months

Arthritis Ireland

53,882.00

Asperger Syndrome Association of Ireland Ltd

41,448.00

Asthma Society of Ireland

41,448.00

Breaking Through Limited

58,028.00

Chronic Pain Ireland Limited

37,304.00

Dyslexia Association of Ireland

62,172.00

Genetic and Inherited Disorders Organisation Ltd

16,580.00

GROW in Ireland

16,580.00

Huntington's Disease Association of Ireland Limited

19,066.00

Irish Deaf Society The National Association of the Deaf Limited

62,172.00

Irish Heart Foundation

41,448.00

Irish Mountain Rescue Association

58,028.00

Irish National Council of Attention Deficit Disorder Support (INCADDS)

33,158.00

Irish Stammering Association

24,868.00

graine Association of Ireland Ltd

29,014.00

Motor Neuron disease Association

24,868.00

MOVE Ireland

41,448.00

Muintir na Tíre

70,462.00

Muscular Dystrophy Ireland

37,304.00

National Association for Spina Bifida and Hydrocephalus Ireland Limited

37,304.00

National Association for Youth Drama Ltd

29,014.00

New Communities Partnership (NCP) Ltd

74,606.00

Peter Bradley Foundation Limited

41,448.00

Post Polio Support Group Limited

24,868.00

Safe Ireland

74,606.00

Show Racism The Red Card Limited

29,014.00

Suas Educational Development

37,304.00

The Alzheimer Society of Ireland

62,172.00

The Carers Association Limited

62,172.00

The Multiple Sclerosis Society of Ireland

49,738.00

The Neurological Alliance of Ireland

49,738.00

The Union of Voluntary Organisations of People with Disabilities

45,592.00

Total

1,386,854.00

Nitrates Action Programme Implementation

Questions (1452)

John Deasy

Question:

1452. Deputy John Deasy asked the Minister for the Environment, Community and Local Government to set out the number of prosecutions that have been made in County Waterford and nationally since the promulgation into Irish law of the nitrates directive. [33001/14]

View answer

Written answers

The Nitrates Directive is given legal effect by the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014, known as the ‘Nitrates Regulations’. Local authorities, acting under the general supervision of the Environmental Protection Agency (EPA), are the competent authorities for enforcing the Nitrates Regulations. The EPA collates and publishes data on enforcement activity.

To date, no prosecutions have been taken by Waterford County Council under these regulations. A total of 27 prosecutions have been initiated nationwide since 2007.

A significant number of non-compliance issues are resolved without the need for judicial sanction. Where instances of non-compliance are recorded during farm inspections, the EPA has instructed local authorities to take appropriate enforcement actions. Local authorities are also obliged under the Nitrates Regulations to cross-report non-compliances to the Department of Agriculture, Food and the Marine, who may impose a financial penalty on a land owner’s agricultural payments.

Rental Accommodation Scheme Expenditure

Questions (1453)

Ruth Coppinger

Question:

1453. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government to outline the aggregate annual costs and cost per household from 2008 to 2013 to the Exchequer of accommodating households on the housing waiting list in private rental accommodation through the rental accommodation scheme; and the average net annual cost per household to the State for those accommodated in local authority housing over the same period. [33043/14]

View answer

Written answers

The Rental Accommodation Scheme (RAS) is a targeted scheme catering for the accommodation needs of persons in receipt of Rent Supplement from the Department of Social Protection, generally for more than 18 months, and who are assessed as having a long-term housing need.

From its inception in 2004 up to the end of June 2014 expenditure totalling some €707.1 million has been incurred under the scheme, while some 49,788 households with a long-term housing need have been transferred from Rent Supplement to RAS and other social housing solutions.

Transfers from rent supplement are made up of private transfers (that is private rented accommodation provided by private landlords), transfers to voluntary housing and transfers to local authority housing.

The following table sets out the total annual expenditure, the total numbers transferred from Rent Supplement between 2008 and end June 2014, and the number of those who transferred to Private Rented Accommodation.

Year

Annual Expenditure

Annual Total

No. of Transfers

Transfers to Private Rented Accommodation

2008

€53,025,430

6,915

3,012

2009

€83,394,513

6,802

3,355

2010

€100,076,430

6,609

3,642

2011

€115,917,365

6,337

3,630

2012

€125,429,966

5,451

2,956

2013

€130,886,608

4,701

2,397

end JUN 2014

€63,914,366

1,877

1,003

In the same period, 14,979 households were transferred from Rent Supplement to Local Authority Social Housing and 3,718 to Approved Housing Body accommodation.

The annual expenditure figures in the table above include recoupments to local authorities for the contracted rents due to landlords (market rents), the prescribed Rent Supplement limits for approved housing bodies, administration costs (annual recurring costs and once off costs accrue depending on the housing solution), deposits on newly acquired accommodation and payments made in respect of additional units supplied under the Social Partnership Agreement Towards 2016.

My Department does not hold data on the amount directly paid by authorities to private landlords in respect of individual lettings under the scheme. However, based on data provided by local authorities, the average monthly rent paid under the scheme in the years 2008 - 2013 is set out in the following table, broken down by different types of units:

Year

1 bed unit

2 bed unit

3 bed unit

4 bed unit

2008

€580

€708

€781

€868

2009

€522

€619

€707

€771

2010

€496

€590

€670

€733

2011

€479

€563

€646

€710

2012

€467

€557

€639

€709

2013

€499

€569

€651

€708

The following table shows the number of housing units provided and the funding recouped to housing authorities for the provision of social housing units by means of construction and acquisition over the years 2008 to 2013.

Year

Number of Units

Expenditure

2008

5,692

€978.6m

2009

4,089

€670.6m

2010

2,178

€417.5m

2011

819

€189.2m

2012

714

€116.9m

2013

546

€83.3m

Non-Principal Private Residence Charge Administration

Questions (1454, 1455, 1456, 1459, 1460, 1462, 1548, 1576, 1619)

Michael P. Kitt

Question:

1454. Deputy Michael P. Kitt asked the Minister for the Environment, Community and Local Government if he will consider changes in the payment of penalties on the non-principal private residence scheme in respect of extending the closing date; the circumstances in which payments will be waived or reduced; if persons with second properties here but living outside the country could have a waiver or reduction; and if he will make a statement on the matter. [33713/14]

View answer

Michael P. Kitt

Question:

1455. Deputy Michael P. Kitt asked the Minister for the Environment, Community and Local Government to set out the circumstances in which the penalties of the non-principal private residence payments will be waived or reduced; and if he will make a statement on the matter. [33714/14]

View answer

Pearse Doherty

Question:

1456. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government to detail the total outstanding arrears and interest due on the non-principal private residence charge; and if he will make a statement on the matter. [33740/14]

View answer

Thomas P. Broughan

Question:

1459. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will request a review of the administration of the non-principal private residence charge; and, in particular, if he will examine how local authorities have interpreted the definition of a second home in determining liability for the charge such that some individuals and families who had been forced to move out of their own homes due to financial hardship in the past number of years have been deemed to be liable to pay the charge even though they own only one property. [34287/14]

View answer

Thomas P. Broughan

Question:

1460. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will request a review of the administration of the non-principal private residence charge; and, in particular, if he will examine how local authorities have interpreted the definition of a second home in determining liability for the charge such that some individuals and families who had been forced to move out of their only homes due to financial hardship in recent years have been deemed to be liable to pay the charge. [34288/14]

View answer

Catherine Murphy

Question:

1462. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if, with regard to the non-principal private residence charge, he is aware that many families have been placed under an extreme burden which was not intended by the introduction of the charge; if he is aware that many families who have owned only one property in the State but, due to either living abroad or for other reasons of financial insecurity, have not resided in it and are liable for the charge; the number of families living abroad who are expected to be aware of a self-declaratory tax that was only advertised here; if he will consider updating the regulations surrounding the implementation of the NPPR; and if he will make a statement on the matter. [35039/14]

View answer

Finian McGrath

Question:

1548. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the reason there was no clear and adequate notification given on the changes to the Local Government (Charges) Act 2009 and the amended Local Government (Household Charge) Act 2011 which have affected many economic migrants; if he will provide an explanation of the penalty charges which have penalised many Irish migrants (details supplied); and if he will make a statement on the matter. [34049/14]

View answer

Róisín Shortall

Question:

1576. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government with regard to the significant number of people who were only made aware of their NPPR liability when issued with a penalty notice to set out his views on a temporary waiver for penalty charges in this case; and if he will make a statement on the matter. [34365/14]

View answer

Terence Flanagan

Question:

1619. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government to explain his views on correspondence (details supplied) regarding the non-principal private residence; and if he will make a statement on the matter. [34856/14]

View answer

Written answers

I propose to take Questions Nos. 1454 to 1456, inclusive, 1459, 1460, 1462, 1548, 1576 and 1619 together.

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non-Principal Private Residence Charge. 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. The self-assessed charge is set at €200 per annum and liability for it falls, in the main, on owners of rental, holiday and vacant properties. Section 6 of the 2009 Act, as amended, provides that the owner of a liable property who fails to pay the charge, in addition to his or her being liable to pay the charge, is liable to pay to the relevant local authority a €20 late payment fee in respect of each month or part of a month in which the charge, any late payment fee, or any part of such charge or fee, remains unpaid.

Part 12 of The Local Government Reform Act 2014, deals with the collection of undischarged liabilities relating to the NPPR charge. The Act provided for a period from 2 March 2014 to 31 August 2014 during which time no new late penalties were applied to existing liabilities. If payment was not made in full or if settlement terms were not agreed by the end of that period, an additional late payment fee of €120 per liability date applied on 1 September 2014. As the Charge applied in each of the years from 2009 to 2013, there were five liability dates – 31 July 2009 and 31 March for each of the years 2010 to 2013. In addition to this late payment fee to be applied per liability date, the entire NPPR liability is then increased by a factor of 50% and frozen. There are no plans to revise this legislation.

A residential property not in use by an owner as his or her sole or main residence is liable for the Charge. This may not necessarily be a second home; a person may have vacated a property and be living in rented accommodation elsewhere for work or other reasons, for example, and, in such a case, the property that the owner is no longer living in is liable for the Charge, even if it is the only residential property that person owns. It is a matter for an owner, whether resident in Ireland or elsewhere, 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.

My Department undertook an initial media campaign when the NPPR Charge was first introduced in 2009. Nationwide advertising has also taken place in each year since the introduction of the Charge under the auspices of the local authorities to ensure general awareness of the Charge and the liability dates. In addition, local authorities have undertaken their own advertising campaigns locally. The NPPR Project Board, in conjunction with individual local authorities, undertook a media campaign this year aimed at reminding non-compliant owners that additional late payment penalties applied after 31 August 2014. The extensive radio and print media campaign reminded non-compliant owners of their obligations to come forward to regularise their affairs and to take advantage of this once-off grace period. While it is a necessary principle of law that all citizens are required to be aware of relevant legal obligations and duties in respect of such charges, as is the case in other jurisdictions, it remains my view that reasonable efforts have been made to ensure that property owners have been aware of the Charge and liability dates.

Under section 77 of the Local Government Reform Act 2014 my Department issued guidance to local authorities concerning matters relating to arrears of the NPPR Charge and late payment fees to ensure that a consistent national approach is adopted. The guidelines, which are available at http://www.environ.ie/en/Publications/LocalGovernment/Administration/FileDownLoad,37899,en.pdf, encourage local authorities to take a proactive approach to ensure that any outstanding NPPR liabilities are discharged in the most equitable, efficient and economically beneficial manner. It is expected, in the majority of cases, that local authorities will collect the full NPPR Charge liability from owners. In some cases, this may be by means of arrangement by instalment. The Act 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. All non-compliant owners to should log on to www.nppr.ie or, alternatively, contact their local authority to discuss any matters they wish to clarify and to make their outstanding payments.

Library Services Provision

Questions (1457)

Sandra McLellan

Question:

1457. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government to set out the number of libraries nationally that have had to cut the number of days per week that they are open to the public due to the recruitment embargo - some libraries are now only open three days per week; her views on whether this is acceptable in view of the fact that front-line services were not to be affected by the embargo; and if he will make a statement on the matter. [33947/14]

View answer

Written answers

I refer to the reply to Question No. 30 on today’s Order Paper which sets out the position in this matter.

My Department does not collate the specific information sought.

Banking Sector Regulation

Questions (1458)

Ruth Coppinger

Question:

1458. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government to set out the steps he will take to protect from eviction the tenants living in the homes that are part of Ulster Bank's sale of non-performing home loans, Project Aran; and if he will make a statement on the matter. [33987/14]

View answer

Written answers

The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants relating to, inter alia, security of tenure and the termination of tenancies. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

The requirements for the valid termination of a tenancy by a landlord are set out in Parts 4 and 5 of the Act. Where a tenancy has lasted more than 6 months and less than 4 years, the landlord must state in the termination notice the reason the tenancy is being terminated. Grounds for termination include that the landlord intends to sell the dwelling within the next 3 months. Notice periods for the termination of a tenancy by the landlord vary depending on the letting agreement in place and the duration of the tenancy. Notice periods of up to 112 days are provided for under the Act.

Where there is a dispute regarding the appropriate period of notice to be given in respect of a tenancy or the validity of a notice of termination, it may be referred to the PRTB for resolution.

Questions Nos. 1459 and 1460 answered with Question No. 1454.

Litter Pollution

Questions (1461)

Terence Flanagan

Question:

1461. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government to explain the position regarding litter (details supplied) in County Dublin; and if he will make a statement on the matter. [34791/14]

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Written answers

My Department provides extensive support to local authorities to enable them to discharge their statutory obligations under the Litter Pollution Act 1997 (as amended) and Waste Management Act 1996 (as amended). Data available under the National Litter Pollution Monitoring System show that the proportion of areas surveyed in 2013 deemed to be completely unpolluted stands at 12.2%, the highest level achieved since monitoring began. This demonstrates clearly that the efforts to tackle litter are paying dividends.

In March 2014, my predecessor announced the provision of €850,000 in grants from the Environment Fund to local authorities under the 2014 Anti-Litter and Anti-Graffiti Awareness Grant Scheme. As in previous years, the scheme enables local authorities to provide funding support for appropriate local public education and awareness initiatives in relation to both litter and graffiti.

In 2012, a once-off grant allocation was provided to assist local authorities improve enforcement in the area of fly tipping and small-scale illegal dumping. It was intended that these grants should be utilised to assist in the deployment of staff and the purchase of appropriate equipment to tackle the problem of fly tipping and small-scale illegal dumping in known problem areas within their functional areas. A total sum of €750,000 was allocated to the 34 local authorities under the scheme. Measures eligible for funding included the purchase of mobile CCTV equipment and associated signage/dummy boxes, training and deployment for local authority staff and the employment of external CCTV contractors.

Also during 2012, my Department entered into a negotiated agreement with the National Newspapers of Ireland (NNI) to mount a national litter campaign in the print media, aimed specifically at tackling the issues of littering and illegal dumping. The NNI made available, free of charge, €500,000 worth of advertising space to raise awareness of the damaging effects that fly tipping and small-scale illegal dumping have on our environment and our economy, particularly on the tourism and agriculture sectors. Advertisements appeared in national, regional and local newspapers and magazines over the course of the peak summer period, highlighting the impact of illegal dumping and providing information for people to report illegal dumping activity to the Environment Protection Agency’s lo-call hotline number 1850 365 121.

In relation to the possibility of examining mechanisms by which the names of offenders under the Litter Pollution Act might be published in a 'name and shame' context, the Data Protection Commissioner previously contacted my Department regarding the publication, by local authorities, of the names and addresses of individuals convicted under the Litter Pollution Acts and advised that this activity would be in direct contravention of the Data Protection Act and its principles without specific legal provision being made. However, under section 21 of the Fines Act 2010, a provision is already in place to allow the Courts Service itself to make public a list of names of persons who fail to pay fines on time.

Question No. 1462 answered with Question No. 1454.

Library Services Provision

Questions (1463, 1464, 1523)

Brendan Smith

Question:

1463. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if County Cavan will retain its county library service and headquarters; and if he will make a statement on the matter. [34914/14]

View answer

Brendan Smith

Question:

1464. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if County Monaghan will regain its county library service and headquarters; and if he will make a statement on the matter. [34915/14]

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Seán Fleming

Question:

1523. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government to explain the position on the sharing of library services between counties Laois and Offaly; if a ministerial order or legislation is required to deal with this; the criteria as to which local authority will be the lead authority; and if he will make a statement on the matter. [33712/14]

View answer

Written answers

I propose to take Questions Nos. 1463, 1464 and 1523 together.

Opportunities for All, a Strategy for Public Libraries 2013-2017, recommends “a review of existing organisation structures … to establish stronger, more effective and efficient public libraries in the context of local government reform and shared services and new opportunities afforded by the strategy outcomes”.

A working group was established to examine the potential for shared services in the public library service. The working group determined that the current structures in terms of organisation, workforce and service delivery are in need of reform in order for the public library service to be in a position to maximise service delivery opportunities and achieve best outcomes in terms of effectiveness, efficiency and customer service. The key challenge in the present structure is the need for the creation of scale for existing library authorities. In order to achieve this, the Working Group determined that a new shared services structure for library authorities should be established, with a minimum population target of 100,000 as an appropriate basis for determining a libraries’ shared services structure, including Laois/ Offaly and Cavan/Monaghan, library services, delivering single management structures with consequent resource efficiencies.

The establishment of shared services arrangements for local authorities is already provided for under the Local Government Acts 1925 to 2014.

The principles for the finalisation of the identified shared services have been approved by the County and City Management Association and my Department and it is a matter for local decision as to which local authority would be the lead library authority in individual shared service arrangements.

Property Tax Yield

Questions (1465)

Barry Cowen

Question:

1465. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if local authorities will retain surplus property tax revenue raised in their area into the future; and if he will make a statement on the matter. [34564/14]

View answer

Written answers

My Department has advised local authorities of their provisional Local Property Tax allocations from the Local Government Fund for 2015. 80% of LPT will be retained locally to fund vital public services in 2015. The remaining 20% will be re-distributed to provide top-up funding to certain local authorities that have lower property tax bases due to the variance in property values across the State.

Local Property Tax was introduced to provide an alternative, stable and sustainable funding base for the local authority sector, providing greater levels of connection between local revenue raising and associated expenditure decisions. Given that local authorities vary significantly from one another in terms of size, population, public service demands, infrastructure and income sources, the Government has decided that no local authority will receive less income from LPT in 2015 than they received from the Local Government Fund in 2014. Certain local authorities, with stronger property bases, will receive greater levels of funding from local retention of LPT in 2015 than they received from the Local Government Fund in 2014.

The Government has decided that these latter local authorities will use this surplus funding in two ways, with a portion available for their own discretionary purposes and the remainder, if any, to fund some services in the Housing and Roads areas for which they currently receive Central Government funding. The portion that will be retained for discretionary purposes will be an amount equal to 20% of the total expected LPT income in the relevant local authority area (before any decision to vary rates) or, in the case where that surplus will be less than 20%, the full amount. It will be a matter for the individual local authorities to decide how to spend that discretionary funding.

I have advised local authorities of their individual provisional LPT allocations for 2015. This information has been provided at this early stage in the budget process for 2015 in order to ensure that local authorities have sufficient detail available to inform their decision-making in respect of LPT rate variation for 2015 which must be completed and notified to the Revenue Commissioners by 30 September 2014.

Matters relating to equalisation levels and methods for future years will be reviewed as necessary and appropriate.

Non-Principal Private Residence Charge Collection

Questions (1466)

Barry Cowen

Question:

1466. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he has raised with local authorities the collection of the non-principal private residence tax; his plans to revise the non-principal private residence tax timeframe of charges; and if he will make a statement on the matter. [34565/14]

View answer

Written answers

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non-Principal Private Residence Charge. 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. The NPPR Charge is based on self-declaration and therefore the onus is on the property owner themselves to register their property and make the payment. The 2009 Act 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.

Part 12 of the Local Government Reform Act 2014 deals with the collection of undischarged liabilities relating to the NPPR charge. The Act provided for a period from 2 March 2014 to 31 August 2014, during which time no new late penalties were applied to existing liabilities. If payment was not made in full or if settlement terms were not agreed by the end of that period, an additional late payment fee of €120 per liability date applied on 1 September 2014. As the Charge applied in each of the years from 2009 to 2013, there were five liability dates – 31 July 2009 and 31 March for each of the years 2010 to 2013. In addition to this late payment fee to be applied per liability date, the entire NPPR liability is then increased by a factor of 50% and frozen. There are no plans to revise this legislation.

Under section 77 of the Local Government Reform Act 2014, my Department issued guidance to local authorities concerning matters relating to arrears of the NPPR charge and late payment fees to ensure that a consistent national approach is adopted. The guidelines encourage local authorities to take a proactive approach to ensure that any outstanding NPPR liabilities are discharged in the most equitable, efficient and economically beneficial manner. It is expected, in the majority of cases, that local authorities will collect the full NPPR charge liability from owners. In some cases, this may be by means of arrangement by instalment. All non-compliant owners should log on to www.nppr.ie or, alternatively, contact their local authority to discuss any matters they wish to clarify and to make their outstanding payments.

Local Authority Housing Maintenance

Questions (1467)

Billy Timmins

Question:

1467. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government to outline the position regarding funding for tenants of Wicklow County Council for urgent renovation and improvements to their houses (details supplied); and if he will make a statement on the matter. [32977/14]

View answer

Written answers

I recently allocated to local authorities almost €8 million in funding for once-off adaptation works for extensions and adaptations to social housing to support people with a disability. Wicklow County Council was assigned €403,628 of this overall allocation. It is now a matter for each local authority to prioritise the works to be advanced under these measures.

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