Written Answers Nos. 586 - 603
586. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to change the laws regarding succession of tenancy in council housing (details supplied); and if he will make a statement on the matter. [37117/14]
View answerIt is a matter for each housing authority, as part of its housing management functions under section 58 of the Housing Act 1966, to determine its own policy in relation to successi on to local authority tenancies. However, I will consider whether there is a case for making specific provision relating to tenancy succession in the next Housing Bill to be advanced by my Department.
590. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if, in consideration of the new obligations on persons with homes with septic tanks, a fast-track planning process may be implemented for the purposes of securing permission for upgrades and alterations necessary to be in compliance with new regulations; and if he will make a statement on the matter. [37151/14]
View answerUnder planning legislation, development 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.
Article 7 of the Planning and Development (Amendment) Regulations 2013 amended Class 41 of Schedule 2, Part 1 of the Planning Regulations to provide that the carrying out of remedial works in compliance with an advisory notice issued under section 70H(5) of the Water Services Act 2007 (as inserted by section 4 of the Water Services (Amendment) Act 2012) is exempted development.
Accordingly such remedial works would normally be exempt from the requirement to obtain planning permission and would only, under section 4 of the Planning Act, require permission if an appropriate assessment of the works was required, having regard to possible impacts on a protected habitats site.
Planning permission is required for remedial works to septic tanks carried out outside of an advisory notice issued under 70H(5) of the Water Services Act 2007.
Section 34(8) of the Planning and Development Act provides that a planning authority shall make its decision on a planning application within the period of 8 weeks beginning on the date of receipt by the planning authority of the application. Accordingly, planning authorities normally decide planning applications within 8 weeks, unless further information is required.
Where an appeal is lodged with An Bord Pleanala in relation to a planning decision by a local authority, the Board has a statutory objective under section 126(2) of the Planning and Develpoment Act to determine the matter within 18 weeks. The compliance rate with the statutory objective period for normal planning appeals stood at 81% for the period January to August 2014, and the average time taken was 16 weeks.
I do not consider these timeframes unduly long and I have no plans to provide a fast track planning application process for remedial works to septic tanks at this time.
591. Deputy Lucinda Creighton asked the Minister for the Environment, Community and Local Government if dementia will be considered for inclusion on the list of medical conditions for which water charges will be capped; and if he will make a statement on the matter. [37165/14]
View answerFollowing the completion of consultation in the matter with the Minister for Health, I have decided that Irish Water customers with high water consumption due to medical conditions will have their bills capped at the relevant assessed charge, on the basis of self-declaration of eligibility. This will apply even where a water meter has been installed and will ensure that those customers will not be liable for additional costs arising from their medical conditions.
This is an inclusive approach and there is no list of qualifying medical conditions. There is no requirement for the customer to state on the Irish Water application form the particular medical condition giving rise to the need to use additional water. Customers simply need to request the registration form and information on special and priority services from Irish Water. Those who have already completed the application form but who did not request the additional registration form should make contact with Irish Water.
To ensure that the scheme is not subject to abuse, Irish Water may selectively audit a customer’s circumstances, including requiring supporting evidence from a medical practitioner and it may also investigate instances of high usage to determine if there is other water use or leakage at the property.
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.
592. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government if he will provide an update on the protocols that are being developed and procedures to be followed in the taking in charge of housing estates by local authorities and the subsequent transfer of waste services infrastructure to Irish Water; when such protocols are expected to be published; and if he will make a statement on the matter. [37170/14]
View answerSection 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a planning authority must take in charge any roads, open spaces, car parks, sewers, water mains or drains within the attendant grounds of the development.
The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. In addition, it provides a mechanism whereby water services infrastructure may be taken in charge by local authorities and be subsequently transferred by Ministerial Order to Irish Water. Contrary to certain misunderstandings that may exist, there is no specific legal impediment to the taking in charge of water services infrastructure by local authorities.
In Circular Letter PL 21/13 issued by my Department to planning authorities on 30 December 2013 in the light of the transfer of certain statutory water services functions from local authorities to Irish Water with effect from 1 January 2014, it was stated that legislative amendments to further clarify the existing provisions on the taking in charge of housing estates would be made in 2014.
My Department, in consultation with Irish Water and the local authorities, is also currently developing a guidance circular for issue to local authorities to provide clarification in relation to water services infrastructure issues and the taking in charge of housing estates arising from the establishment of Irish Water. It is intended that this advice will be issued to local authorities in the near future.
593. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will provide a full breakdown in tabular form of the expenses incurred by his Department in establishing Irish Water including the various headings under which expenditure was incurred out of the €172.8 million allocation approved by the Commission for Energy Regulation in October 2013 following a request for approval from his predecessor and his Department; the amount of this overall expenditure related to consultancy fees; and if he will provide the recipient organisations of this expenditure. [37175/14]
View answerThe establishment of Irish Water is an integral component of the Government’s water sector reform strategy and involves major organisational change. The establishment of a high performance utility will lead to lower costs and improved services in the future, providing much better outcomes for customers and the environment.
In advance of the enactment of the Water Services (No.2) Act 2013, the Commission for Energy Regulation (CER) did not have full economic regulatory powers in relation to the water sector, but did have powers to provide advice to the Minister. In that context on 22 October 2013, my predecessor approved a request from the Department to seek advice from CER on new costs arising in establishing Irish Water, which were to be funded by the Company. The purpose in seeking this advice was to ensure that the costs were of benefit to customers in the long-term and that forecast expenditure was reasonable. In relation to the establishment costs, the request included broad headings for expenditure of €150m plus a contingency of €31m, but did not distinguish between in-house and external provision.
The CER reviewed the establishment costs and in their decision confirmed today, they have indicated that have allowed Irish Water the vast bulk - some €172.8 million - of the costs proposed. I understand from Irish Water that some €83.8m million has been expended on external service providers in relation to the establishment of the company. Full details of the proposed expenditure on external providers was outlined by Irish Water to the Joint Oireachtas Committee on the Environment, Culture and the Gaeltacht on 14 January 2014 and this document is available at www.water.ie.
Costs incurred by my Department and Local Authorities in relation to the Water Sector Reform Programme have been met from the Departmental Vote. These costs amounted to €15.5m in 2013. The majority of this expenditure related to the domestic metering programme (€7.7m) and the local authority staffing costs of the Water Services Transition Office (€5.7m), which was put in place to ensure appropriate arrangements for engagement with the local authority sector during the reform process. In addition, Departmental costs which included the staffing of the Water Sector reform Project Management Office in my Department, amounted to some €1.3m in 2013.
The balance of the costs incurred in 2013 includes €0.76m paid to the Commission for Energy Regulation in respect of their expanded functions in becoming the independent economic regulator for the public water sector and €55,000 paid to the Economic and Social Research Institute in respect of providing research and advice on affordability issues associated with the introduction of domestic water charges. Expenditure totalling some €179,000 was also incurred by my Department in 2012 in respect of the independent assessment carried out by PWC.
It is estimated that some €2m will be spent on my Department’s Programme Management office and the Transition Office during 2014. It is also expected that some €5m will be recouped to local authorities in connection with road-opening licence work associated with the national domestic metering programme.
595. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if he will provide in tabular form all of the State agencies, bodies, organisations and working groups under his Department's remit; the core duties and functions of same; the number of staff at same; the budget of each for 2013 and proposed budget for 2014; the date of establishment of the agencies or organisations; and the legislation, primary or otherwise, from which they derive their powers. [37204/14]
View answerThe information requested is being compiled and will be forwarded to the Deputy as soon as possible.
596. Deputy Pat Deering asked the Minister for Communications, Energy and Natural Resources if he held a meeting or meetings with the Chinese ambassador or his officials this year regarding lithium mining in the Carlow-Wicklow region, or any other region; if a commitment has been given to make the mining process more efficient as part of an approach to boost lithium production; and if he will make a statement on the matter. [36837/14]
View answer600. Deputy Pat Deering asked the Minister for Communications, Energy and Natural Resources the position regarding the possibility of lithium mining in the Carlow-Wicklow region, or any region; if licences have been applied for or are already issued; if some of these licences have been sold to a Chinese mining company; and if he will make a statement on the matter. [36835/14]
View answerI propose to take Questions Nos. 596 and 600 together.
I am advised that Blackstairs Lithium Ltd. is a subsidiary, incorporated in Ireland, of TNR Gold Corporation of Vancouver, Canada which was issued with 8 prospecting licences in August 2009, following public notification, over an area covering almost 300 sq kms in Counties Carlow and Wicklow (details of which are published in the biannual report to the Oireachtas by the Minister for Communications Energy and Natural Resources in accordance with the Minerals Development Acts). The licences are for the standard period of six years and may be renewed under the same terms if the company has complied with all the conditions. While the licences cover a suite of metals, the focus of the exploration is on lithium. I would emphasise that the licences permit exploration activity only, not mining.
The licences have been assigned to Blackstairs Lithium Ltd., under the relevant provisions of the Minerals Development Acts 1940 to 1999, which is carrying out the exploration work on the ground. While I understand that TNR Gold Corporation has a Chinese business partner, this company does not hold the licences. It is not permissible to sell or to trade in prospecting licences.
I am advised that if in the future, following comprehensive exploration and in the event that a viable and commercially feasible resource is identified, Blackstairs Lithium Ltd should wish to apply for a State permission to mine, then it will have to follow a separate application procedure under the Minerals Development Acts, including that of the local planning authority and permitting by the Environmental Protection Agency.
I have not had any meetings with the Chinese Ambassador or others in regard to these licences.
597. Deputy Noel Harrington asked the Minister for Communications, Energy and Natural Resources if he will ensure that the Borlin Valley-Coomhola areas in County Cork be included for the roll out of fibre optic broadband, along with Ballylickey, County Cork, which is already identified as an area where intervention is required; if same will be prioritised as there are no other options for the 40 businesses and 380 households in these areas for any other type of broadband access; and if he will make a statement on the matter. [36612/14]
View answerThe Government’s Statement of Priorities for the period 2014 to 2016 reaffirms our commitment to delivering a State-led broadband intervention in rural areas. Through the National Broadband Plan (NBP) the Government aims to ensure that high speed broadband is available to all citizens and businesses in Ireland. This is being achieved through measures designed to accelerate commercial investment and the development of a State-led intervention for non-commercial areas.
A comprehensive mapping exercise is underway in my Department to identify those areas that require a State intervention. An initial list of areas has been identified and includes 105 areas in County Cork, including Ballylickey. I am also aware of an extensive rollout of high speed broadband services in County Cork by at least one commercial operator.
As part of the mapping process, an initial stakeholder consultation on certain technical aspects of the proposed Plan was launched in June with a deadline of 15th September. 31 submissions were received as part of this process and non-commercially sensitive versions of these responses will be published over the coming weeks.
I expect to publish the maps for public consultation later this year. These will include details of the areas requiring State intervention. These maps will be dynamic and will be subject to change if new commercial investments are announced in the future.
A further public consultation on a proposed comprehensive intervention strategy will be launched in mid-2015.
EU State Aid clearance will be required for the proposed State intervention. My Department will be working closely with the European Commission on this important aspect of the programme.
Finally, a detailed procurement process will have to be undertaken in order to select a potential preferred bidder(s) prior to commencing the roll out of high speed broadband services.
This complex and ambitious project is a key priority for Government and for my Department. It aims to conclusively address current connectivity challenges in a sustainable and meaningful way. Our goal is to ensure that quality broadband services are available to all citizens regardless of where they are located.
598. Deputy Fergus O'Dowd asked the Minister for Communications, Energy and Natural Resources the position regarding broadband (details supplied) in County Louth; and if he will make a statement on the matter. [36704/14]
View answer599. Deputy Fergus O'Dowd asked the Minister for Communications, Energy and Natural Resources the progress to date in the provision of broadband for rural areas in County Louth; and if he will make a statement on the matter. [36752/14]
View answerI propose to take Questions Nos. 598 and 599 together.
The Government’s Statement of Priorities for the period 2014 to 2016 reaffirms our commitment to delivering a State-led broadband intervention in rural areas. Through the National Broadband Plan (NBP) the Government aims to ensure that high speed broadband is available to all citizens and businesses in Ireland. This is being achieved through measures designed to accelerate commercial investment and the development of a State-led intervention for non-commercial areas.
Under EU State Aid Guidelines Member States cannot intervene where commercial investors have plans to roll out services. A comprehensive mapping exercise is underway in my Department to identify those areas that require a State intervention. An initial list of areas has already been identified and includes 15 areas in County Louth. I am also aware of plans to rollout high speed broadband services in County Louth by a number of commercial operators.
As part of the mapping process, an initial stakeholder consultation on certain technical aspects of the proposed Plan was launched in June with a deadline of 15th September. 31 submissions were received as part of this process and non-commercially sensitive versions of these responses will be published over the coming weeks.
I expect to publish the maps for public consultation later this year. These will include details of the areas requiring State intervention. It is important to note that these maps will be dynamic and will be subject to change if new commercial investments are announced in the future.
A further public consultation on a proposed comprehensive intervention strategy will be launched in mid-2015.
EU State Aid clearance will be required for the proposed State intervention. My Department will be working closely with the European Commission on this important aspect of the programme.
Finally, a detailed procurement process will have to be undertaken in order to select a potential preferred bidder(s) prior to commencing the roll out of high speed broadband services.
This complex and ambitious project is a key priority for Government and for my Department. It aims to conclusively address current connectivity challenges in a sustainable and meaningful way. Our goal is to ensure that quality broadband services are available to all citizens regardless of where they are located.
601. Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural Resources his views surrounding the discontinuation of the national broadband scheme; if a new subsidy will be introduced to help keep down the cost of broadband services for rural dwellers in rural areas; and if he will make a statement on the matter. [36855/14]
View answerThe provision of telecommunications services, including broadband services, is a matter in the first instance for private sector service providers operating in a liberalised market, regulated by the Commission for Communications Regulation (ComReg). Developments in the broadband market over recent years means that there is now a choice of commercial operators offering broadband services over a diverse range of technology platforms throughout much of rural Ireland, including the area previously covered by the National Broadband Scheme. Details of commercial services available in each county can be found on a number of websites, including the websites of individual operators.
The State can only intervene to ensure access to broadband services in areas where the competitive market has failed to deliver such services, as in the case of the National Broadband Scheme (NBS). Following a competitive tendering process, my Department entered into a contract in late 2008 with Hutchison 3G Ireland Ltd (“3”) for the delivery of the NBS. The Scheme offered a basic and affordable broadband service to fixed residences and businesses located within certain designated rural areas where the extent of broadband coverage by commercial operators, at the time the Scheme was launched in 2008, was deemed to be inadequate. EU State Aid approval was granted for a scheme of limited duration. As a consequence, following a 68 month operational period, the Scheme expired on 25th August 2014.
“3” have confirmed that, following the expiry of the Scheme, they will continue to provide coverage throughout NBS areas on a commercial basis offering consumers the same choice of Broadband plans and tariffs as those offered to consumers outside of the NBS areas. Furthermore, they have also informed my Department of their plans to extend 4G coverage across all of the NBS Coverage Areas within the next 3 years.
The Government’s Statement of Priorities for the period 2014 to 2016 reaffirms our commitment to delivering a State-led broadband intervention in rural areas. Through the National Broadband Plan (NBP) the Government aims to ensure that high speed broadband is available to all citizens and businesses in Ireland. This is being achieved through measures designed to accelerate commercial investment and the development of a State-led intervention for non-commercial areas.
Under EU State Aid Guidelines Member States cannot intervene where commercial investors have plans to roll out services. A comprehensive mapping exercise is underway in my Department to identify those areas that require a State intervention.
As part of the mapping process, an initial stakeholder consultation on certain technical aspects of the proposed Plan was launched in June with a deadline of 15th September. 31 submissions were received as part of this process and non-commercially sensitive versions of these responses will be published over the coming weeks.
I expect to publish the maps for public consultation later this year. These will include details of the areas requiring State intervention. It is important to note that these maps will be dynamic and will be subject to change if new commercial investments are announced in the future.
EU State Aid clearance will be required for the proposed State intervention. My Department will be working closely with the European Commission on this important aspect of the programme.
Finally, a detailed procurement process will have to be undertaken in order to select a potential preferred bidder(s) prior to commencing the roll out of high speed broadband services.
This complex and ambitious project is a key priority for Government and for my Department. It aims to conclusively address current connectivity challenges in a sustainable and meaningful way. Our goal is to ensure that quality broadband services are available to all citizens regardless of where they are located.
602. Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural Resources in view of the concerns surrounding the lack of broadband in rural areas if he will provide an update on the mapping process currently being undertaken as part of the national broadband plan; and the timeline for completion of this. [36856/14]
View answer603. Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural Resources the position regarding the roll out of high speed broadband to rural areas of County Cork; the steps he will take to compel private broadband service providers to significantly improve broadband coverage in this area; and if he will make a statement on the matter. [36857/14]
View answerI propose to take Questions Nos. 602 and 603 together.
The Government’s Statement of Priorities for the period 2014 to 2016 reaffirms our commitment to delivering a State-led broadband intervention in rural areas. Through the National Broadband Plan (NBP) the Government aims to ensure that high speed broadband is available to all citizens and businesses in Ireland. This is being achieved through measures designed to accelerate commercial investment and the development of a State-led intervention for non-commercial areas.
Under EU State Aid Guidelines Member States cannot intervene where commercial investors have plans to roll out services. A comprehensive mapping exercise is underway in my Department to identify those areas that require a State intervention. An initial list of areas has already identified and includes 105 areas in County Cork. I am also aware of extensive rollout of high speed broadband services in County Cork by at least one commercial operator.
As part of the mapping process, an initial stakeholder consultation on certain technical aspects of the proposed Plan was launched in June with a deadline of 15th September. 31 submissions were received as part of this process and non-commercially sensitive versions of these responses will be published over the coming weeks.
I expect to publish the maps for public consultation later this year. These will include details of the areas requiring State intervention. These maps will be dynamic and will be subject to change if new commercial investments are announced in the future.
A further public consultation on a detailed intervention strategy will be launched in mid-2015.
EU State Aid clearance will be required for the State intervention. My Department will be working closely with the European Commission on this important aspect of the programme.
Finally, a detailed procurement process will have to be undertaken in order to select a potential preferred bidder(s) prior to commencing the roll out of high speed broadband services.
This complex and ambitious project is a key priority for Government and for my Department. It aims to conclusively address current connectivity challenges in a sustainable and meaningful way. Our goal is to ensure that quality broadband services are available to all citizens regardless of where they are located.
