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Tuesday, 23 Sep 2014

Written Answers Nos. 506-523

Foreshore Licence Applications

Questions (506)

Brian Walsh

Question:

506. Deputy Brian Walsh asked the Minister for the Environment, Community and Local Government the status of an application for a foreshore licence in respect of a project, details supplied, in County Galway; and when he expects a decision to be made in relation to this application. [35646/14]

View answer

Written answers

An application for the necessary foreshore consent was received in my Department on 15 September 2014. My Department is currently examining the application to ensure it is complete and, if deemed complete, the application will then be advertised for public consultation.

As the application concerns coastal protection works it is considered to be a priority application and will be progressed accordingly.

Leader Programmes Administration

Questions (507)

Tom Fleming

Question:

507. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will maintain the current Leader model to ensure the continued quality delivery of service to rural and urban communities which have a proven organisation structure of 2,500 employees and have processed more than €500 million in funding for projects over the past five years alone. [35705/14]

View answer

Written answers

LEADER is a Community Led Local Development approach that has been used to deliver rural development interventions under the Rural Development Programme since the early 90s. The approach involves the participation of rural communities in their own development and formulates this participation through the medium of Local Development Strategies designed and implemented at a local level. While the LEADER methodology originates in rural development, Ireland also uses community led approaches to deliver development interventions in an urban context.

The proposals outlined in Putting People First - Action Programme for Effective Local Government aim to ensure that local government is at the heart of local and community development. This necessitates some change to the local development landscape that will ensure that the impact of all funding available to support local and community development is maximised. The establishment of Local and Community Development Committees in each local authority area and the development of a Local Economic and Community planning process will ensure that all local development funding in a given area will be coordinated and directed to the areas of greatest need.  

A community led local development approach will provide the framework for these changes. The Local and Community Development Committee will be made up of the socio-economic interests of each area and the planning process will involve full consultation with communities on the ground.  In this context the LEADER model of Community Led Local Development will be largely maintained and I expect the development companies that have delivered the LEADER elements of the Rural Development and other programmes for both my own and other Government Departments will be key partners in that process. 

The new systems for the delivery of local development interventions will be community centred and community led, epitomising the ethos of the LEADER approach. I am confident that they will be effective and efficient, will facilitate the participation of all members of local communities and will strengthen local government's position as the driver of local and community development for the future.

Water Meters Installation

Questions (508)

Finian McGrath

Question:

508. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding a water meter and water leakage in respect of a property, details supplied, in Dublin 3; and if he will make a statement on the matter. [35750/14]

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Written answers

Irish Water has confirmed to my Department that it was always anticipated that in the course of installing meters, pre-existing leaks and other latent defects due to the age or condition of the water pipes would be discovered. It should not be assumed that these leaks are caused by Irish Water's contractors. The meter installation programme gives Irish Water a strong starting point for mains rehabilitation by enabling the discovery of pre-existing leaks and helping to target more effective investment in leak repair.

My Department has been informed by Irish Water that the individual in question contacted Irish Water following the metering installation works in his area and reported a leak on his property. This complaint was passed to the relevant regional contractor GMC Sierra, who investigated the complaint and has provided a report to Irish Water. During the meter installation works in the area concerned, the contractor was unable to locate the outside stop valve for the property in question and as a result no meter box or water meter was installed on this property's water supply pipe. Upon investigating this complaint, the contractor determined that the visible leak on the private property must be due to a separate leak on the property's own water supply connection.

Under the Water Services Act 2007, the homeowner is responsible for the water supply pipe on their premises. The Government has agreed to provide funding to Irish Water for a free first fix scheme. Under this scheme, Irish Water intends to assist customers in this situation by identifying and repairing leaks on their property (external to the dwelling) and otherwise offering advice on approaches to resolving leaks and saving water in the premises. The details of this scheme are currently being developed and it is expected it will be available to Irish Water customers from early 2015.

Non-Principal Private Residence Charge Administration

Questions (509)

Pearse Doherty

Question:

509. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he will provide a list of public notices taken out by his Department or local councils to inform people of their liability to the non-principal private residence charge since its introduction and during its lifetime; and if he will make a statement on the matter. [35751/14]

View answer

Written answers

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non Principal Private Residence (NPPR) Charge. The NPPR Charge of €200 per annum, 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.

My Department undertook an initial media campaign when the NPPR charge was first introduced in 2009. This campaign included press advertisements in the Irish Independent, Irish Times, Irish Examiner and The Star in July 2009 along with advertisements on RTÉ Radio in September and October 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. As this is a matter for the local authorities themselves, detailed information of such advertising is not available in my Department.

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. It is my view that reasonable efforts have been made to ensure that property owners have been aware of the Charge and liability dates. It is a necessary principle of law that all citizens are required to be aware of relevant legal obligations and duties.

Question No. 510 answered with Question No. 485.

Community Employment Schemes Funding

Questions (511)

Mick Wallace

Question:

511. Deputy Mick Wallace asked the Minister for the Environment, Community and Local Government the steps he will take to ensure that the funding received by the National Collective of Community Based Women's Networks is protected within the new SICAP and not diluted within overall areas rather than specifically targeted at disadvantaged women, in recognition of the valuable contribution these organisations have made in removing barriers to disadvantaged women's full and equal participation in society. [35757/14]

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Written answers

My Department's Local and Community Development Programme (LCDP) 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 on a transitional basis for 2014 with a budget of €47m pending the roll out of the new Social Inclusion and Community Activation Programme (SICAP) in April 2015. Some 17 Women's Projects under the remit of the NCCWN currently receive funding of €1.3 million under the LCDP. In addition, my Department also supports a number of Women's projects under the Scheme to Support National Organisations (SSNO). This funding scheme, which supports 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. A new round of funding under this scheme commenced on 1 July 2014. The National Collective of Community Based Women's Networks was allocated some €160,122 under that scheme for the two year period of 1 July 2014 – 30 June 2016.

The SICAP is one of my key priorities and its budget for next year will be decided in the 2015 Estimates process. The Programme's 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, legal advice, good practice internationally 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. Stage one (Expression of Interest) has been completed. Stage two (Invitation to Tender) will get underway in October and will involve the successful applicants from Stage one being invited to apply to one or more Local Community Development Committees, to deliver the programme in local authority areas. Contracts for SICAP will be determined following the outcome of the procurement process.

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 that can provide the services to be tendered for to deliver the new Programme. In Stage one, joint applications were encouraged and organisations of varying sizes (for example smaller organisations working in consortia with larger organisations) were invited to submit joint applications.

When the outcome of Stage one is made known, I will be considering the implications of that for the relevant SICAP target groups.

Rental Accommodation Scheme Administration

Questions (512)

Jim Daly

Question:

512. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government the options available to rental accommodation scheme housing tenants whose agreement will not be renewed by the receiver of the property, noting the persons have resided in the property for 15 years; and if he will make a statement on the matter. [35793/14]

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Written answers

The administration of the Rental Accommodation Scheme is a matter for individual local authorities. Under the terms of the Scheme, where the dwelling that the household is living in becomes unavailable, through no fault of the household, the relevant local authority is responsible for sourcing alternative accommodation.

In such cases it is a matter for local authorities, in cooperation with tenants, to source alternative accommodation as quickly as possible. In seeking alternative accommodation a local authority should attempt to source a suitable alternative within or close to the area in which the tenant is residing. However, this is dependent on the availability of suitable properties in the areas affected. In all cases, not just where a tenancy is under threat, RAS households may aid the process by sourcing alternative accommodation themselves. Once identified to the local authority, any such accommodation must be assessed by the local authority as suitable to meet the household's needs and be of an acceptable standard.

Water Charges Administration

Questions (513)

Terence Flanagan

Question:

513. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on the free allowance for the water charge for children (details supplied); and if he will make a statement on the matter. [35809/14]

View answer

Written answers

I refer the Deputy to my reply to Questions Nos. 1504, 1508, 1509, 1574 and 1621 of 17 September 2014. The position is unchanged.

Seniors Alert Scheme

Questions (514)

Eric J. Byrne

Question:

514. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) in relation to the seniors alert scheme; and if he will make a statement on the matter. [35811/14]

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Written answers

My Department manages the Seniors Alert Scheme which encourages community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, of limited means, to continue to live securely in their homes with confidence, independence and peace of mind. The scheme is administered by local community and voluntary groups with the support of my Department.

My Department undertook to consider new approaches to the Seniors Alert Scheme in 2014 and from this it was recommended that the scheme be managed by Pobal. Pobal will provide management and administrative services for the Seniors Alert Scheme with effect from 1 January 2015. This will include a national tender for the supply and installation of personal monitored alarms. A panel of regional suppliers will be contracted to provide the equipment and monitoring services within specific regional areas whilst maintaining the benefits of local service provision. This will reduce the administrative burden for over 500 local community and voluntary groups registered under the Scheme and it will enable the groups to focus their efforts on supporting vulnerable older people in our communities.

Waste Management

Questions (515, 516, 517)

Catherine Murphy

Question:

515. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the meetings or other contacts he or his officials have had with the Dublin local authorities in advance of their recent proposal to revive the Poolbeg national waste incinerator project.​ [35831/14]

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Catherine Murphy

Question:

516. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the basis in national waste policy for the proposal by the four Dublin local authorities to develop an incinerator to meet national waste management needs, rather than the needs of the Dublin region as originally envisaged; if a regional approach to waste management has been abandoned by the Government; and if an amendment to the Waste Management Act 2004 is required as a consequence. [35832/14]

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Catherine Murphy

Question:

517. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if his stated ambition to move Dublin towards zero waste through a pay-by-weight system is in direct conflict with the proposal by the four Dublin local authorities to develop a national waste incinerator at Poolbeg, given that the business case for this proposal requires waste volumes to increase or recycling to be capped at 50%; and if he will make a statement on the matter. [35833/14]

View answer

Written answers

I propose to take Questions Nos. 515 to 517, inclusive, together.

The Dublin Waste to Energy (DWTE) Project is part of the implementation of the Dublin Region Waste Management Plan and development of the facility is an objective of the existing regional waste management plan for the Dublin region. In accordance with the provisions of the Waste Management Act 1996, the preparation and adoption of a waste management plan, including in respect of infrastructure provision, is the statutory responsibility of the local authority or authorities concerned. Under section 60(3) of the Act, as Minister, I am precluded from exercising any power or control in relation to the performance by a local authority, in particular circumstances, of a statutory function vested in it.

In view of the DWTE project's status as a prospective public private partnership, my Department, together with the National Development Finance Agency, has been represented on the project board chaired by Dublin City Council and attended the most recent meeting of the board in August. In terms of other engagement in recent weeks, my Department received a number of updates from the City Council, particularly in relation to the process by which the Chief Executives were to seek the views of the elected members of the four authorities.

Regional waste management planning remains a key feature of the Government's waste policy, A Resource Opportunity, published in 2012. Among the measures which will play an important role in the effective and efficient delivery of waste management services is the rationalisation in the number of waste management planning regions from ten to three. The three new Waste Management Planning Regions have been designated and tasked with developing new plans for the three Waste Management Planning Regions, for adoption next year.

In relation to the alignment between my objectives as Minister and the requirements of the facility in question, my role is to provide a comprehensive legislative and waste policy framework through which local authorities and the Environmental Protection Agency operate. National waste policy – including the proposed reforms that I recently announced in relation to the collection of household waste – is, in line with EU policy and legislation, based on application of the waste hierarchy, rather than on any one individual project.

Tenant Purchase Scheme Administration

Questions (518)

Michael McGrath

Question:

518. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government when a new tenant purchase scheme will become operational; the way the discount on the market value of the property will be calculated; and if he will make a statement on the matter. [35835/14]

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Written answers

Part 3 of the Housing (Miscellaneous Provisions) Act 2014 provides for a new scheme for the tenant purchase of existing local authority houses. This scheme will replace the 1995 and 2011 tenant purchase schemes under section 90 of the Housing Act 1966, which closed in June 2014 and June 2013, respectively.

The new scheme will be open to local authority tenants in receipt of social housing support for a prescribed period of at least one year who have not previously purchased a house under a tenant purchase scheme and who have a minimum prescribed annual income.

The new scheme will operate along the incremental purchase model currently being applied in purchase schemes for local authority apartments and new local authority houses under the Housing (Miscellaneous Provisions) Act 2009, which involve discounts for purchasers linked to household income and a discount-related charge on the property that reduces over a period unless the house is resold or the purchaser fails to comply with conditions of the sale.

I intend to make the necessary statutory instruments later this year to enable the new scheme to come into operation. Section 30(e) of the 2014 Act provides for matters that may be taken into account in making regulations in respect of the determination of the purchase price of a house.

Non-Principal Private Residence Charge Administration

Questions (519)

Dara Calleary

Question:

519. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the reason persons who only ever owned one home here and who for circumstances beyond their control were forced to emigrate have been issued with outstanding liabilities for non-principal private residence tax; his view on whether such persons were never the intended target of the NPPR; if he will bring forward legislation to clear such persons of their liability; and if he will make a statement on the matter. [35839/14]

View answer

Written answers

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non-Principal Private Residence (NPPR) 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. 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.

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 and include guidance on dealing with issues of financial hardship. 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 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.

Water Charges Exemptions

Questions (520)

Ruth Coppinger

Question:

520. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government if he will instruct Irish Water to make exemptions or allowances or both for persons with disabilities and other medical conditions, such as dementia and other infirmities. [35851/14]

View answer

Written answers

I refer to the reply to Questions Nos. 1524, 1551, 1570 and 1618 of 17 September 2014.

Mortgage to Rent Scheme Application Numbers

Questions (521, 522, 523)

Patrick O'Donovan

Question:

521. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will provide details, in tabular form, by county and year, of the number of applications for the mortgage-to-rent scheme which have been received since the scheme was introduced; the number that have been successful; the number that have been assessed by housing associations; the names of those associations; and if he will make a statement on the matter. [35861/14]

View answer

Patrick O'Donovan

Question:

522. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government the numbers of applications by year and county for the mortgage-to-rent scheme that were refused because of the rural location of the property in question; and if he will make a statement on the matter. [35864/14]

View answer

Jonathan O'Brien

Question:

523. Deputy Jonathan O'Brien asked the Minister for the Environment, Community and Local Government if he will provide details in tabular form, by county and year, of the number of applications for the mortgage-to-rent scheme which were unsuccessful because of the occupancy conditions attached to the scheme in respect of the size of dwelling and number of persons residing in the property; and if he will make a statement on the matter. [35868/14]

View answer

Written answers

I propose to take Questions Nos. 521 to 523, inclusive, together.

There are currently two mortgage-to-rent schemes in operation through my Department. A scheme exists whereby a local authority (LA) can acquire ownership of properties with unsustainable local authority mortgages thus enabling the household to remain in their home as a social housing tenant (LA- mortgage-to-rent). The other scheme provides for an Approved Housing Body (AHB) to acquire ownership of a property with an unsustainable private mortgage which also enables the household to remain in their home as a social housing tenant (AHB-mortgage-to-rent). Both schemes are designed to assist families with income difficulties whose mortgages are now unsustainable, and where there is little or no prospect of a significant change in circumstances in the foreseeable future.

On foot of the recommendations of the Keane Report on mortgage arrears the Government launched the AHB-mortgage-to-rent scheme on a pilot basis in February 2012 and extended it nationally in June 2012. The scheme is currently in operation and continues to accept applications from lending institutions.

To be eligible for the AHB-mortgage-to-rent scheme a household must have had their mortgage position deemed unsustainable under the Mortgage Arrears Resolution Process, agree to the voluntary surrender of their home, be in negative equity, and be deemed eligible for social housing in accordance with section 20 of the Housing (Miscellaneous Provisions) Act 2009. There is a cap on the value of the property which applies but the location of the property is not a criterion for inclusion or exclusion to the scheme. Notwithstanding this, approved housing bodies must treat each case on its merits and issues such as the operational presence of the AHB or the market rent available may impact on its decision.

A total of 2,496 cases have been submitted to date. 31 of these cases are currently being progressed under revised procedures introduced to improve the process. Of the other 2,465 cases submitted, 1,003 were ineligible or terminated during the process, of which 258 cases were not progressed because the household in question was deemed to be over or under accommodated. Agreement on the sale could not be agreed on a further 50 cases. Of the remaining cases submitted, 48 have been completed, 1,221 are currently with the lenders who are seeking the consent of borrowers to share information and for the carrying out of an independent valuation, and the remaining 143 are actively being progressed.

The following table breaks down the 2,465 submissions made by local authority and by status.

Authority

Unsuccessful

Sale Not Agreed

Borrower consent

required

Active

Completed

Grand Total

Carlow

19

1

21

4

2

47

Cavan

40

 

18

6

 

64

Clare

20

2

22

4

1

49

Cork City

10

2

24

2

3

41

Cork County

69

1

55

3

2

130

DCC

74

5

121

25

7

232

DLR

9

2

7

0

1

19

Donegal

27

 

16

0

 

43

Fingal

57

3

97

17

2

176

Galway City

2

 

9

0

 

11

Galway County

41

2

17

1

1

62

Kerry

19

2

18

3

 

42

Kildare

36

2

104

5

5

152

Kilkenny

24

2

26

4

2

58

Laois

28

2

33

3

 

66

Leitrim

4

 

8

0

1

13

Limerick

51

1

41

5

3

101

Longford

15

 

8

3

 

26

Louth

13

1

22

1

 

37

Louth

29

3

45

15

3

95

Mayo

18

 

21

0

 

39

Meath

81

7

116

5

4

213

Monaghan

15

 

16

0

 

31

Offaly

25

 

47

5

 

77

Roscommon

22

 

6

0

 

28

SDCC

58

4

96

9

4

171

Sligo

14

 

4

0

 

18

Tipperary

60

2

48

4

2

116

Waterford

25

2

43

8

3

81

Westmeath

27

1

27

5

1

61

Wexford

46

2

44

2

 

94

Wicklow

25

1

41

4

1

72

Overall

1,003

50

1,221

143

48

2,465

The following table provides a breakdown by Approved Housing Body.

Approved Housing Body

Unsuccessful

Sale Not Agreed

Borrower consent Required

Active

Completed

Grand Total

Carbery HA

7

 

13

1

 

21

Clúid

153

38

296

78

38

603

North and East Housing Association

2

 

 

2

 

4

Novas

12

 

33

1

 

46

Oaklee

97

6

199

50

7

359

Respond!

2

1

21

3

 

27

Tintean

1

1

1

 

 

3

Tuath

19

2

1

8

3

33

AHB Not Assigned Yet

710

2

657

 

 

1,369

Grand Total

1,003

50

1,221

143

48

2,465

The LA mortgage–to–rent scheme was piloted in two local authority areas in 2013, Westmeath County Council and Dublin City Council, and was implemented nationally in February 2014. Dublin City Council and Westmeath County Council completed 10 cases and 8 cases, respectively, under the pilot scheme. Eligibility for the LA -mortgage-to-rent scheme is broadly similar to eligibility under AHB-mortgage-to-rent; however, engagement with the Mortgage Loan and Arrears Support Unit of the local authority is required as an alternative to the Mortgage Arrears Resolution Process for private lending institutions.

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