Written Answers Nos. 550-567
550. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the consequences of a person not registering with Irish Water by not returning the application form sent to their household with their personal and billing details in view of the concerns about sharing personal data with a commercial company. [36550/14]
View answer571. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding non-disclosure of information to Irish Water (details supplied); and if he will make a statement on the matter. [36925/14]
View answer580. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 499 of 23 September 2014, where he stated Irish Water is currently fully compliant with data protection requirements, and further to written confirmation from the Data Protection Commissioner’s Office which states it is likely that Irish Water will be asked to make certain amendments, and in relation to marketing preferences an amendment to the marketing reference in the data protection notice is likely to be required, if he will ensure that Irish Water liaises with the Data Protection Commissioner to ensure all required changes are made before any citizen is asked to hand over information, or incurs any cost for non-compliance; and if he will make a statement on the matter. [37077/14]
View answer581. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government the steps that will be taken by Irish Water’s agents or employees, for example, calls or e-mails to the Revenue Commissioners or the Department of Social Protection in relation to the use of PPS numbers to process household allowances relating to water charges; the information Irish Water’s employees or agents will request from bodies or Departments; the legality of this sharing of information in relation to the Official Secrets Acts; and if he will make a statement on the matter. [37078/14]
View answer582. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government if he will instruct Irish Water to delete all PPS numbers as soon as the verification process in relation to household allowances for which the numbers are required has been completed. [37079/14]
View answer587. Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government if under legislation Irish Water is permitted to store PPS numbers of children; and if so, if it can be passed on to a third party. [37119/14]
View answer594. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if householders are legally obligated to complete the water application form considering that the estimated charges are on usage and not on the size of the household; and if he will make a statement on the matter. [37178/14]
View answerI propose to take Questions Nos. 550, 571, 580 to 582, inclusive, 587 and 594 together.
Under the Water Services Acts 2007 -2013 , Irish Water may request its customers and certain specified persons or bodies, including the Minister for Social Protection, to provide it with information so that the Company can perform its functions under these Acts . The Water Services (No. 2) Act 2013 provides that Irish Water is responsible for public water services and can collect charges from its customers in receipt of water services provided by it. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation, the CER, which has been given statutory responsibility for protecting the interests of customers of Irish Water.
In advance of the introduction of domestic water charges, the Government made certain decisions on 6 May 2014 relating to the structure of water charges including, inter alia, a free allowance per household and an additional free allowance for children on the same qualifying conditions as the Child Benefit payment from the Department of Social Protection.
As these allowances are to be funded by Government, Irish Water needs to ensure it has the appropriate and sufficient information to reflect these entitlements. Irish Water is a specified body under the Social Welfare Consolidation Act 2005, as amended by Section 20 of the Social Welfare and Pensions Act 2014, and is therefore permitted to request PPS numbers to authenticate the identity of the person being provided with an allowance.
Irish Water will treat applicants’ personal data in accordance with the Data Protection Acts 1988 and 2003. In complying with these Acts, Irish Water must ensure that the data is only used for the purpose it was collected and must also ensure that any data collected is stored securely. The collection of Personal Public Services (PPS) numbers allows Irish Water to confirm and validate the entitlement to allowances for each customer. This information will not be shared with any organisation other than the Department of Social Protection for the purpose of verification, to ensure that each household receives the allowances it is entitled to, be it the free allowance per household or any additional allowance for children in receipt of Child Benefit at that address. It will also allow Irish Water to provide lower charges to owners who have unoccupied dwellings.
With charges effective from 1 October 2014 Irish Water is in the process of compiling the relevant data to ensure that customers can be billed accurately based on the tariff structure approved by the CER. Throughout September, Irish Water has been sending application packs to approximately 2 million households, which refer to the effective charging date and the fact that billing for domestic customers in receipt of public water services will start in January 2015. The application process will enable customers to confirm their details for billing and, by providing the relevant PPS numbers, claim the allowances that they are eligible for. Irish Water have confirmed that there will be no repercussions for withholding telephone numbers or email addresses on the application.
The Commission for Energy Regulation (CER) has today made a determination on the water charges plan, submitted to it by Irish Water, which sets out the position if customers do not validate their details. In these circumstances, a default charge which does not include the free allowances will be applied to such customers. The relevant details of the determination are available on its website (www.cer.ie).
Irish Water has an ongoing engagement with the Data Protection Commissioner and has advised my Department that it has been asked to provide clarity on some aspects of the legal language of its data protection notice as published on its website, www.water.ie.
It has confirmed that this notice was, and is, fully compliant with data protection requirements. However, by providing additional clarity, it will reassure customers that data is held securely, used properly and not shared with third parties, except where necessary for the delivery of water services such as contractors repairing leaks. Any advice given to Irish Water from the Data Protection Commissioner will be further incorporated into its data protection notice.
551. Deputy Frank Feighan asked the Minister for the Environment, Community and Local Government his plans to ring-fence funding to support the National Collective of Community Based Women's Networks to deliver the only programme specifically targeted at women from disadvantaged communities; and his further plans to provide support for this most marginalised group who are not named under the SICAP programme. [36555/14]
View answer552. Deputy Frank Feighan asked the Minister for the Environment, Community and Local Government his plans to engage with the National Collective of Community Based Women's Networks to resolve the difficulty that has arisen in view of that organisation creating a national structure to meet the requirement of the community development programme which now precludes it from securing funding post-2014 under the new SICAP. [36556/14]
View answer553. Deputy Frank Feighan asked the Minister for the Environment, Community and Local Government his plans to support the voluntary board of the National Collective of Community Based Women's Networks with its responsibilities to 17 local women's projects, 44 staff members and approximately 200 non-directly employed staff. [36557/14]
View answer554. Deputy Frank Feighan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that marginalised women are not a target group of the new SICAP programme; and in view of this if he will provide reassurance to the National Collective of Community Based Women's Networks that an alternative funding stream will be made available to continue this valuable work (details supplied). [36558/14]
View answer557. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government his plans to ring-fence funding to support the National Collective of Community Based Women's Networks to deliver the only programme specifically targeted at women from disadvantaged communities; and his plans for providing support for this most marginalised group who are not named under the SICAP programme. [36673/14]
View answer558. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government his plans to engage with the National Collective of Community Based Women's Networks, which engaged with 35,580 marginalised women across 17 communities throughout Ireland in 2013 alone, to resolve the difficulty that has arisen because that organisation created a national structure to meet the requirement of the community development programme, which now precludes it from securing funding post-2014 under the new SICAP. [36674/14]
View answer559. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government his plans to support the voluntary board of the National Collective of Community Based Women's Network with its responsibilities to 17 local women’s projects, 44 staff members and approximately 200 non-directly employed staff. [36675/14]
View answer560. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that marginalised women are not a target group of the new SICAP programme; and if he will provide reassurance to the National Collective of Community Based Women's Networks that an alternative funding stream will be made available to continue this valuable work. [36676/14]
View answer579. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government the position regarding the funding for the National Collective of Community Based Women’s Networks which does valuable work in supporting disadvantaged women at national and local level; if he will ensure that the current level of funding allocated to NCCWN is guaranteed; and if he will make a statement on the matter. [37034/14]
View answerI propose to take Questions Nos. 551 to 554, inclusive, 557 to 560, inclusive, and 579 together.
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 National Collective of Community Based Women's Networks (NCCWN) currently receive annual 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 towards core costs associated with the provision of services. A new round of funding under this scheme commenced on 1 July 2014, under which the NCCWN was allocated some €160,122 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, in Local Authority areas, to deliver the programme. 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. That said, I understand that some small groups, such as the groups under the remit of the NCCWN, faced a number of challenges in competing in the Stage one process. The results of Stage one were released on 24 September and I can confirm that none of the NCCWN groups expressed an interest either as lead applicants or as part of a consortium. I am now considering the implications of that for NCCWN and will conclude that consideration as soon as possible.
555. Deputy John Paul Phelan asked the Minister for the Environment, Community and Local Government if he will set a new limit on the distance between wind turbines and places of residence; and if he will make a statement on the matter. [36568/14]
View answerMy Department commenced a public consultation in December 2013 on proposed “draft” revisions to the existing 2006 Wind Energy Development Guidelines focusing specifically on the issues of noise, setbacks and shadow flicker. These draft revisions propose:
- The setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments,
- A mandatory minimum setback of 500 metres between a wind turbine and the nearest dwelling for amenity considerations, and
- The complete elimination of shadow flicker between wind turbines and neighbouring dwellings.
My Department received submissions from 7,500 organisations and members of the public during the public consultation period. The issue of setback distances was raised in a number of submissions and it is a matter to which I am currently giving urgent consideration.
The proposed draft revisions to the Wind Energy Development Guidelines 2006, when finalised, will be issued by me under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions under the Planning Acts.
556. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his plans to extend the extra funding granted to the Dublin Regional Homeless Executive to immediately adjacent high-pressure areas like north eastern Kildare, south eastern Meath and north Wicklow; and if he will make a statement on the matter. [36628/14]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation for homeless persons rests with individual housing authorities and the purposes for which housing authorities may incur expenditure in addressing homelessness are prescribed in Section 10 of the Housing Act 1988. My Department does not fund any service directly but provides funding to housing authorities towards the operational costs of homeless accommodation and related services under Section 10 of the Housing Act 1988. Housing authorities provide additional funding from their own resources.
The total Section 10 funding being provided by my Department to housing authorities on a regional basis for 2014 is €45 million and this amount has been fully allocated to the 9 regions. Details of these allocations are set out in the protocols for the delegation of Section 10 homeless funding between my Department and the lead housing authority in each of these regions and a copy of these protocols is available on my Department's website at http://www.environ.ie/en/DevelopmentHousing/Housing/SpecialNeeds/HomelessPeople/.
The regional approach is considered more appropriate as it helps to bring a more strategic perspective to bear on action to address homelessness, including avoidance of over-concentration of homelessness services in certain centres and promoting appropriate regional availability of services, consistent with need.
Under the funding arrangements, responsibility for rigorous assessment, appraisal and decision making in relation to proposals for funding of particular services within the current budgetary allocation rests with the statutory homelessness Management Group of the respective region.
The level of funding available to housing authorities in 2015 for housing programmes including homelessness is currently being considered in the context of the Estimates process. In light of budgetary demands, I am working with my colleagues in Government to ensure that appropriate funding priority continues to be attached to homelessness.
561. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if the water supply of persons living in areas in County Donegal which is often cut off due to burst pipes will still have to pay Irish Water a full service rate or will a system be in place to refund customers for times of non-existent service to their homes; and if he will make a statement on the matter. [36679/14]
View answerWith effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from its customers in receipt of water services provided by it. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers.
The Act also requires that Irish Water prepare codes of practice on a range of matters, including standards in relation to the performance by Irish Water of its functions. Irish Water will also be required to prepare a code of practice on any matter considered necessary by the CER. Following public consultation, the CER has recently published its decision on the Irish Water customer handbook. These codes of practice form part of this handbook. The customer handbook sets out the obligations on Irish Water in relation to both planned and unplanned interruptions to public water supplies. Full details on the customer handbook are available on the CER website (www.cer.ie).
Irish Water has established a dedicated team to deal with representations and queries from public representatives. They may be contacted via email at oireachtasmembers@water.ie or by telephone on 1890 278 278.
562. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government his plans to change the criteria for the buying out of houses for voluntary housing groups (details supplied); and if he will make a statement on the matter. [36683/14]
View answerApproved housing bodies (AHBs) are organisations approved under section 6 of the Housing (Miscellaneous Provisions) Act 1992 to provide social housing support in conjunction with local authorities. These organisations include voluntary housing associations.
Since the late 1980s, close to 25,000 units of accommodation have been provided under capital funding schemes underpinned by mortgages. More recently, a scheme was introduced that provides an up-front capital payment of up to 30% of the property value to facilitate AHBs in raising private finance to acquire or build new social housing units. The capital advanced is repayable at the end of a payment and availability agreement, usually after 30 years.
Under the terms of these various funding schemes, AHBs are the de facto owners of these properties and are required to make them available for social renting for the duration of the mortgage or, as the case may be, the availability agreement. My Department cannot unilaterally make provision for their sale to tenants. Any such decision would have to involve the AHB concerned and have regard to the mortgage on the property. On expiry of the mortgage period and subject to compliance with the terms of the funding agreement, the AHB becomes the owner of the property.
Section 45 of the Housing (Miscellaneous Provisions) Act 2009 does provide for the sale by housing authorities and AHBs of designated new houses to eligible households, subject to specified terms and conditions. However, any such sales would have to be done in consultation with AHBs. There are no plans to change the current arrangements.
563. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will provide the names of all organisations and consortiums who submitted a bid to undertake the joint Northern Ireland Environment Agency-Environmental Protection Agency research into unconventional oil and gas; and if he will make a statement on the matter. [36690/14]
View answerFollowing an announcement in November 2013, the Environmental Protection Agency (EPA) invited tenders for a joint programme of research into the potential environmental impacts from hydraulic fracturing or ‘fracking’ as a means of extracting natural gas from underground reserves.
The procurement process for the appointment of the consultants was carried out by the EPA. As the EPA is an independent Agency, any queries with regard to its procurement process, including details of tenderers, are a matter for the Agency itself. However, I understand that the tender was awarded to a consortium led by CDM Smith Ireland Limited, which also includes Queens University Belfast, British Geological Survey, University College Dublin, University of Ulster, AMEC and Philip Lee Solicitors.
564. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when a decision will be made on projects submitted to Mayo north east Leader by a company (details supplied) in County Mayo; and if he will make a statement on the matter. [36697/14]
View answerIn line with the ‘bottom-up’ approach to rural development, there are 35 Local Action Groups (LAGs) contracted, on my Department’s behalf, to deliver the LEADER elements of the Rural Development Programme 2007-2013 (RDP) throughout the country.
The relevant LAG in respect of the projects referred to is Mayo North East LEADER Partnership (MNELP), which is the principal decision-maker in relation to the allocation of project funding in that area of Mayo. I understand that MNELP has received a number of applications from the promoter in question. Decisions regarding which projects to fund will be made in line with Programme Operating Rules and EU regulations and in the context of the local development strategy. Decisions are also dependent on the availability of funding. I understand that final decisions regarding these applications will be made shortly.
565. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when a company (details supplied) in County Mayo will receive their Leader grant; and if he will make a statement on the matter. [36705/14]
View answerI understand that there have been a number of issues with respect to the project in question which have taken some considerable time to resolve. However, I understand that all outstanding issues have recently been resolved and that a payment is due to issue to Mayo North East LEADER Partnership (MNELP) shortly.
566. Deputy Pat Deering asked the Minister for the Environment, Community and Local Government if any planning application for lithium mining in the Carlow-Wicklow region, or any region, will be subject to the normal local authority planning process to ensure full transparency. [36836/14]
View answerDevelopment works generally require planning permission unless specifically exempted from this requirement. Section 4 of the Planning and Development Act 2000, as amended, and Schedule 2 of the Planning and Development Regulations 2001, as amended, set out various exemptions from the requirement to obtain planning permission, subject in many cases to specific conditions.
Class 5 of Part 3 of Schedule 2 of the Planning Regulations provides that the carrying out of works on any land for the purpose of minerals prospecting and the erection or placing on land of any structures required for that purpose, where the prospecting is carried out pursuant to and in accordance with the terms and conditions of a licence, lease or permission granted by the Minister for the Marine and Natural Resources under the Minerals Development Acts, 1940 to 1999 shall be exempted development.
However, section 4 of the Planning and Development Act provides that development shall not be exempted development if an environmental impact assessment (EIA) or an appropriate assessment (AA) of the development is required.
Projects requiring EIA are listed in Schedule 5 of the Planning Regulations. Point 2(c) of Part 2 of Schedule 5 of the Planning Regulations provides that all extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1999 shall be subject to environmental impact assessment.
Accordingly, proposals relating to lithium mining are required to be subject to a planning application and to an environmental impact assessment.
567. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding a shared water meter and assessing individual liability in respect of a person (details supplied) in Dublin; and if he will make a statement on the matter. [36858/14]
View answerI refer to the reply to Question No. 33 of 17 September 2014. The position is unchanged.
