Written Answers Nos. 1000-1016
1000. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the specific policy directions given by his Department and-or the Government to Irish Water; and if he will make a statement on the matter. [41206/14]
View answerIrish Water was established in line with the Water Sector Reform Implementation Strategy published in December 2012. The overall policy is reflected in the two Acts passed by the Oireachtas in 2013. The Water Services (No. 2) Act 2013 provides specific mechanisms for the issue of Ministerial policy directions to both the Commission for Energy Regulation and Irish Water. A direction in relation to water charges was issued to CER under Section 42 of the Water Services (No. 2) Act 2013 in July 2014. A copy of the direction is available on my Department’s website at the following link:
http://www.environ.ie/en/Publications/Environment/Water/FileDownLoad,38403,en.pdf.
A direction issued to Irish Water under section 33(3) of the Act in August 2014, relating to the preparation of a twenty five year Water Services Strategic Plan. This Direction sets out the form that the Strategic Plan, which Irish Water is required to prepare, should follow. A copy of the direction is available on my Department’s website at the following link :
http://www.environ.ie/en/Publications/Environment/Water/FileDownLoad,39204,en.pdf.
1001. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he has issued any directions to local authorities regarding outstanding land acquisition loans, some of which are now due for repayment. [41213/14]
View answerThe Land Aggregation Scheme was introduced in 2010 as part of revised arrangements for the funding of land for social housing purposes. The primary purpose of the Scheme was to assist in the unwinding of loans taken out by housing authorities to purchase land for the social and affordable housing investment programme. Applications to the value of some €164 million in loans have been accepted into the Scheme.
The figure of €164m includes €111m in respect of loans which were fully redeemed by local authorities with funding recouped from my Department, under the original terms of the Scheme. The remaining loans of €53m accepted into the Land Aggregation Scheme are in the form of annuity loans, for which local authorities are making repayments to the Housing Finance Agency. Such annuity repayments are recoupable from my Department subject to the local authority complying with terms of the Scheme.
In 2013 as a consequence of continuing pressure on Exchequer resources, and following a review of the Scheme carried out in consultation with the Department of Public Expenditure and Reform, it became evident that further expenditure on the Land Aggregation Scheme, in terms of accepting new applications into the Scheme, was no longer a sustainable option. The review concluded with the issuance of Circular 35/2013 on 11 December 2013, notifying local authorities of the discontinuance of the Scheme in respect of new applications.
Following the discontinuance of the Scheme, local authorities have been advised to consult with the Housing Finance Agency directly on the management of loans relating to lands not accepted into the Land Aggregation Scheme. I understand the Housing Finance Agency has made arrangements directly with some local authorities to extend interest-only arrangements to land acquisition loans, on maturity, for a further five years, after which they will revert to normal-course annuities.
The focus of the Land Aggregation Scheme has now shifted to the management and utilisation of the lands included in the Scheme. The Housing Agency has been tasked with developing a more extensive Land Management Strategy under which land transferred to the Agency will be considered.
The Social Housing Strategy will have a focus on utilising state lands and will further enhance our approach to social housing provision in Ireland. Accordingly, both lands that have been transferred to the Housing Agency and local authority held lands suitable for housing development will be among the first sites considered in the social housing building programme. The Strategy, which I expect to publish the coming weeks, will contain clear measurable actions to be taken to increase the supply of social housing on a national basis.
1003. Deputy James Bannon asked the Minister for the Environment, Community and Local Government the position regarding the implementation of the recommendations by the Joint Committee on the Environment, Culture and the Gaeltacht in its report on Shannon flooding published in 2012; and if he will make a statement on the matter. [41243/14]
View answerThe 2012 report of the Joint Committee on the Environment, Culture and the Gaeltacht is titled Eight proposals urgently required to tackle flooding on the River Shannon, its tributaries and the waters feeding into it. Seven of the proposals come solely within the remit of other Departments and agencies – the Department of Communications, Energy and Natural Resources, the Department of Arts, Heritage and the Gaeltacht and the Office of Public Works.
In relation to proposal No 6, flood risk management on rivers is a matter for the Office of Public Works , working in association with local authorities and other agencies. However, in so far as it addresses emergency response related issues , my Department’s National Directorate for Fire and Emergency Management co-ordinates the response at national leve l to severe weather emergencies, including flooding. At local level, the Principal Response Agencies (An Garda Síochána, the HSE and Local Authorities) operate under their own Major Emergency Plans and co-ordinate their response to flooding in accordance with the 2006 Framework for Emergency Management. The Framework requires local authorities to prepare severe weather plans and flood emergency plans, as sub-plans of their Major Emergency Plan. I understand that all local authorities have Severe Weather Plans in place and, where appropriate in accordance with local risk assessment, Flood Emergency Plans.
1004. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the source of the data which enabled Irish Water to send correctly named and addressed application packs to citizens; the data in question; and if passing the data to Irish Water is contrary to section 2 of the Data Protection Act. [41269/14]
View answerUnder the Water Services Acts 2007-2013, Irish Water has statutory powers to request its customers and certain specified persons or bodies to provide it with information so that Irish Water can perform its functions under these Acts including the collection of data to develop its customer database. In particular, section 26 of the Water Services Act 2013 provides Irish Water with the power to obtain information on its customers from other third parties as listed in the section, including a local authority, the Revenue Commissioners, the Private Rented Tenancies Board, the Property Services Regulatory Authority, the Local Government Management Agency, the Minister for Social Protection or any other person or body to be prescribed by the Minister.
Irish Water is required to manage all personal data in accordance with the Data Protection Acts 1988 and 2003. Irish Water has an on-going engagement with the Office of the Data Protection Commissioner which has worked closely with Irish Water to agree the process for the capture, storage and usage of customer data.
1005. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the criteria used in the awarding of the contract for supply and installation of water meters; the number of companies tendered; the number of successful companies; and if he will make a statement on the matter. [41270/14]
View answerThe meter installation programme commenced in August 2013 and will be completed by mid- 2016. Four regional main contractors covering eight meter regions were appointed by Irish Water following a public tendering process in 2013. Irish Water has informed my Department that its tendering process is fully compliant with public procurement rules. Given the value of the contract for the domestic metering programme, this tender was advertised at EU level, in accordance with EU procurement rules. While I have a role in consenting to capital commitments, neither I nor my Department were involved in the award of contracts.
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 578 578.
1006. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the schemes available to support young persons with a disability seeking employment (details supplied); and if he will make a statement on the matter. [41281/14]
View answerThe moratorium on recruitment and promotion in the public service was introduced in March 2009 in response to the financial crisis. My Department operates a delegated sanction from the Department of Public Expenditure and Reform for implementation of the moratorium in relation to local authorities, and any exceptions to the moratorium in local authorities require sanction from my Department.
Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. In this regard, it is a matter for Chief Executives, in the first instance, to ensure that the moratorium is implemented while the appropriate service levels are maintained.
My Department examines all staffing sanction requests on a case by case basis having due regard to the continued delivery of key services in the context of staffing and budgetary constraints. In considering sanction requests, public safety, maintaining key front line services, and economic issues are given precedence.
Part 5 of the Disability Act 2005 outlines the obligations on public service bodies to employ people with disabilities. There are three interlinked requirements. Firstly , public bodies must, insofar as practicable, take all reasonable measures to promote and support the employment of people with disabilities. Secondly, unless there are good reasons to the contrary, at least 3% of their employees must be people with disabilities. Finally , on an annual basis , public bodies must report to the statutory Monitoring Committee and to the Minister of their parent Department on the number of people with disabilities in their employment and the measures they are taking to support them in employment. The Local Authority sector is compliant in this regard.
My Department does not manage or operate any employment schemes for the local authority sector. However, the sector actively supports employment initiatives developed by other Government Departments such as the Department of Social Protection, and the Department of Jobs, Enterprise and Innovation.
1007. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if a grant is available from his Department to assist with the removal of asbestos from residential properties and garages; and if he will make a statement on the matter. [41282/14]
View answerThere is no funding available from my Department or local authorities for the removal of asbestos in residential properties and garages or in buildings in general. The prevention of exposure to the harmful effects of asbestos is the focus of occupational safety and health legislation concerning asbestos in the workplace. Specific Regulations regarding the protection of workers from the risks related to exposure to asbestos fibres while at work have been in place since 1989. The current Regulations are the Safety, Health and Welfare at Work (Exposure to Asbestos ) Regulations 2006, which are enforced by the Health and Safety Authority, which comes under the remit of the Minister for Jobs, Enterprise and Innovation.
Insofar as the management of asbestos as a waste is concerned, the Waste Management Acts 1996-2013 prohibit any person from holding, transporting, recovering or disposing of waste in a manner which causes or is likely to cause environmental pollution, defined in section 5 of the 1996 Act to include action which would to a significant extent endanger human health.
It is recommended that expert advice should be sought in dealing with asbestos materials and if removal is necessary it should only be done by a competent contractor with the required training.
1008. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government if he will consider introducing legislation to provide emergency accommodation in cases where additional homeless accommodation is deemed unsuitable; and if he will make a statement on the matter. [41289/14]
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. I do not consider legislation of the kind outlined to be necessary. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual housing authorities. My Department has no involvement in decisions on operational matters in addressing individual instances of homelessness.
1010. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding water charges (details supplied); and if he will make a statement on the matter. [41316/14]
View answer1071. Deputy Fergus O'Dowd asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding Irish Water and the Finance Bill 2014; and if he will make a statement on the matter. [42260/14]
View answerI propose to take Questions Nos. 1010 and 1071 together.
With 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 CER has now issued a determination on the water charges plan submitted to it by Irish Water .
Full details and associated documentation are available on the CER website at www.cer.ie/document-detail/CER-Water-Charges-Plan-Consultation/979.
Water charges will be set until end 2016 in line with the approved water charges plan. The CER will undertake a full price review in relation to the first full 6 year regulatory period for 2017-2022 .
The CER will engage in full and detailed public consultation well in advance of that cycle commencing. As it is anticipated that Government subvention to Irish Water will continue beyond 2016, decisions will have to be made in a budgetary context on the level of Government support to Irish Water beyond 2016.
In making its determination on the water charges plan, the CER had to take account of the decisions made by the Government on the funding model for Irish Water and a direction under Section 42 of the Water Services (No. 2) Act 2013 issued in July 2014. This policy direction addressed a number of matters relating to domestic water charges including the provision of a free allowance of 30,000 litres of water supplied and waste water treated per annum for a primary residence on a public supply and a free allowance to cover the normal usage of water services by every child in their primary residence based on the same qualifying conditions as the child benefit allowance while customers with specific medical conditions which require increased water consumption will have their charges capped.
In addition to the above, the Government has announced further affordability measures through the Department of Social Protection and income tax system.
The Government are currently considering the overall impact of these arrangements to ensure that households have certainty around a modest affordable charge.
1011. Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government the number of meetings he or officials from his Department had with a person (details supplied); the purpose of each of those meetings; and if he will make a statement on the matter. [41333/14]
View answerSince 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. To manage the transition process a number of governance structures have been put in place by the Department which the Managing Director of Irish Water attends.
A Water Sector Reform Steering Group, representative of local authorities, Irish Water, NewERA, the Department of Public Expenditure and Reform and my Department, provid es high level oversight of the water sector reform agenda. More recently, the Department has engaged with Irish Water senior management through a Monitoring Group which considers issues such as strategic plannin g, the metering programme, the communications agenda, corporate governance and other k ey implementation issues. In the past twelve months there have been five meetings of the Steering Group and two Monitoring Group meetings.
Given the range of challenges involved in the establishment and operation of Irish Water there have been a number of meetings outside of these structures between Irish Water management , my officials and/or the Minister to deal wi th implementation issues as they arise. Since taking up office , I have met with the Managing Director on five occasions , which have included an introductory meeting and discussions on issues including Irish Water’s customer application process and communications /stakeholder engagement issues. My predecessor as Minister met with the Managing Director on eight occasions in the last year.
In the same period approximately forty meetings have taken place involving the Managing Director and senior officials from my Department. The issues discussed have included Irish Water’s Strategic Plan, the funding model, communications planning and a range of issues associated with the water reform implementation programme generally.
1013. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding solar panels; and if he will make a statement on the matter. [41352/14]
View answerUnder Class 3(c) of the Planning and Development Regulations 2001, as amended, the installation of a solar panel on, or within the curtilage of a house, or any buildings within the curtilage of a house, is exempted development, and therefore does not require planning permission, subject to a number of conditions and limitations. These conditions and limitations do not include a restriction on placing a solar panel on the roof at the front of the house or other building concerned.
The main conditions and limitations are:
1. The total aperture area of any such panel, taken together with any other such panel previously placed on or within the said curtilage, shall not exceed 12 square metres or 50% of the total roof area, whichever is the lesser.
2. The distance between the plane of the wall or a pitched roof and the panel shall not exceed 15 centimetres.
3. The distance between the plane of a flat roof and the panel shall not exceed 50 centimetres.
4. The solar panel shall be a minimum of 50cm from any edge of the wall or roof on which it is mounted.
5. The height of a free-standing solar array shall not exceed 2 metres, at its highest point, above ground level.
6. A free-standing solar array shall not be placed on or forward of the front wall of a house.
7. The erection of any free standing solar array shall not reduce the area of private open space, reserved exclusively for the use of the occupants of the house, to the rear or to the side of the house to less than 25 square metres.
1014. Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government his views on waiving the interest and penalties on the non-principal private residence charge for home owners who can demonstrate inability to pay; and if he will make a statement on the matter. [41354/14]
View answerThe 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 him 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 also 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.
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 in respect of dealing with hardship cases. 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 installment. The Act places the Charge under the care and management of the local authorities and application of the legislation in particular circumstances is a matter for the relevant local authority. All non-compliant owners or owners with queries should log on to www.nppr.ie or, alternatively, contact their local authority to discuss any matters they wish to clarify and to make any outstanding payments.
1015. Deputy Eamon Gilmore asked the Minister for the Environment, Community and Local Government if consideration has been given to the introduction of legislation to limit hedge and tree height on domestic properties, similar to that dealt with under Part 8 of the Anti-Social Behaviour Act 2003 in the UK, and the High Hedges Act 2011 in Northern Ireland; and if he will make a statement on the matter. [41394/14]
View answerThere is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on a person’s property. I will, however, give consideration to the issue of trees acutely impacting on neighbouring properties and possible regulatory measures to address this. The UK model is one legislative option in this regard and will be taken into account in that context.
The previous Minister of State for Housing and Planning wrote to the Minister for Justice on this issue in June 2012 to explore the possibility of providing a broader civil law remedy for affected parties. The Minister for Justice responded in July 2012 suggesting that disputes of this nature between neighbours could perhaps be more appropriately dealt with through mediation rather than through the Courts. I understand that the Department of Justice proposes to publish a Mediation Bill during 2015.
1016. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if local authorities are responsible for carrying out inspections on plumbing and heating in new homes; if not, if he will indicate who is responsible and how often these inspections are carried out; and which official body within the local authority is responsible. [41400/14]
View answerBuilding Regulations set down the minimum, legally enforceable standards that must be applied to the design and construction of buildings. The statutory requirements are set out in twelve parts (classified as parts A to M) included under the Second Schedule to the Building Regulations 1997-201 4 . Technical guidance documents (TGDs) are published to accompany each of the twelve parts in order to demonstrate how the statutory requirements may be achieved in practice. Part L – Conservation of Fuel and Energy – of the Building Regulations addresses energy efficiency in dwellings. The current requirement in this regard includes the provision and commissioning of energy efficient space and water heating systems with efficient heat sources and effective controls. This requirement applies to space heating and hot water systems in new dwellings .
TGD L (Dwellings) 2011 outlines how the current requirements may be complied with in practice and further supplementary guidance in relation to heating and hot water systems is also available in the Building Standards section of my Department’s website at http://www.environ.ie/en/DevelopmentHousing/BuildingStandards/.
Part D of the Building Regulations deals with Materials and Workmanship. It stipulates that all works are to be carried out with proper materials and in a workmanlike manner. It defines proper materials as those materials which are fit for the use for which they are intended and for the conditions in which they are to be used.
Enforcement of the Building Regulations is a matter for local authorities in their role as Building Control Authorities. Under the Building Control Act 1990 they have strong powers to scrutinise proposals and inspect works in progress , serve enforcement notices for non-compliance , and institute proceedings for breaches of regulatory requirements within 5 years of the completion of the building concerned.
Building Control Authorities operate to a target inspection rate of 12-15% of all buildings covered by valid commencement notices. Where a complaint is made in relation to a potential building defect, such as inadequate pipework , the local authority would be expected to examine the matter before deciding what action, if any, may be required.
I understand that the National Standards Authority of Ireland, which is under the remit of the Minister for Jobs , Enterprise and Innovation , has set up an Expert Group to examine the area of heating and plumbing . On foot of this, work has advanced on a Standard Recommendation for Heating and Plumbing, ' SR50, Code of Practice for Domestic Plumbing and Heating - Design, Implementation, Commissioning & Maintenance '. Following a comprehensive public consultation , it is understood that the definitive Code of Practice will be finalised for publication by NSAI next year . It is also expected that a registration/certification system will be set up for installers of heating and plumbing systems.
