Written Answers Nos. 1017-1034
1017. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government his views on concerns expressed (details supplied) regarding the reply by Irish Water to correspondence received; and if he will make a statement on the matter. [41414/14]
View answerSince 1 January 2014 Irish Water is responsible for the delivery of water services and is responsible for dealing with queries.
I understand from Irish Water that queries from the general public to Irish Water are received in the form of phone calls, post, email or other online media format (twitter etc.). Since the start of the year Irish Water has responded to 314,559 calls; the average answering time is 48 seconds and average length of calls is 7.2 minutes.
The target turnaround times for the other channels are 24 hours for email, 2 hours for tweets and 4 days for post. Irish Water’s actual turnaround for each channel at present is same day for tweets, 5 days for emails, and 4 days for post. This performance reflects the volume of contacts currently being handled since the recent publication of the first Water Charges Plan, the commencement of charges liability on 1 October and the ongoing application campaign with substantial daily contacts arising in the context of customer responses to the issuing of some 2 million application packs.
Irish Water has established a dedicated team to deal with representations and queries from public representatives and is contacting all Oireachtas members to provide details of an improved level of service which it is aiming to provide. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a new dedicated number, 1890 578578.
As regards the specific instance quoted, Irish Water has confirmed that this issue was handled through their customer complaint process and a response issued directly to the individual concerned, addressing all the issues raised. If the person is unhappy with the response, Irish Water will be happy to continue to engage with the individual in question.
1018. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government in view of local authorities being responsible for planning rules of quarries, the agency responsible for the assessment of the quality of materials extracted from quarries; and if he will make a statement on the matter. [41425/14]
View answerUnder Regulation (EU) No. 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (known as the Construction Products Regulation or the “CPR”), manufacturers are required to provide robust and reliable information in a consistent way for construction products which are covered by harmonised European standards or European Technical Assessments. In broad terms, since 1 July 2013, manufacturers are required, when placing a construction product on the market, to make a Declaration of Performance and to affix the CE mark to each product being placed on the market. There are a number of harmonised European standards in place in respect of, inter alia, precast concrete products, aggregates and masonry and related products.
Harmonised European product standards provide the methods and the criteria for assessing the performance of construction products in relation to their essential characteristics, the harmonised standard includes the technical data necessary for the implementation of a system of assessment and verification of constancy of performance including third party oversight by a notified body (determined as proportionate to the level of risk involved) which the manufacturer is required to comply with.
Notified bodies are the only recognised third party bodies that can carry out the conformity assessments laid down in the harmonised European standards or the European Technical Assessments. A list of all officially designated notified bodies under the Construction Products Regulation is available on the European Union’s New Approach Notified and Designated Organisations (NANDO) Information System.
Responsibility for demonstrating a construction product’s compliance with the requirements of the Construction Products Regulation and the applicable harmonised European standard(s) rests with the manufacturer although obligations are also imposed on both the importers and distributors of such products.
Under the European Union (Construction Products) Regulations 2013 , building control authorities have been designated as the principal market surveillance authorities for construction products that fall within the remit of Construction Products Regulation. Under these Regulations, market surveillance authorities have significant powers to deal with situations where constructions products are placed on the market which do not comply with the requirements set out in the Construction Products Regulation.
1019. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government if Irish Water is holding households responsible for the maintenance for any water pipe work up to 225mm from the boundary of their property and further; and his further views on the potentially serious financial implications of this policy for householders. [41426/14]
View answer1052. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if householders will incur bills of up to €1,000 to fix Irish Water pipes; if persons will be responsible for repairing leaks and blockages outside their property boundaries by repairing pipes between their properties and public sewers; if home owners will have to seek a road opening licence from their local authority in order to do so, and if the licence will only be granted once a person has public liability insurance; and if he will make a statement on the matter. [41875/14]
View answerI propose to take Questions Nos. 1019 and 1052 together.
Most meters for public utilities are located at the point where the connection enters the household. In the case of water services, under the provisions of the Water Services Act 2007, households’ pipes internal to the curtilage of a property are considered the responsibility of the householder, and thus water meters are being fitted at the stopcock at the curtilage of the property. In circumstances where there is a distance, however short, between the stopcock on public land and the curtilage of a premises, the responsibility for any maintenance or repair of any underlying infrastructure rests with Irish Water.
The Government has agreed to provide additional funding to Irish Water for their capital investment to include a free first fix scheme. Irish Water has made a proposal to the Commission for Energy Regulation (CER) regarding a ‘first fix’ policy and it is understood that the CER intend to hold a public consultation in advance of a decision and implementation of the scheme in January 2015.
The CER has decided that where a customer leak has been identified under the ‘first fix’ policy, the customers’ charges will be capped at the assessed level until the leak is fixed by Irish Water.
1020. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if dormant accounts funding will be made available for applications in the future; and if he will make a statement on the matter. [41460/14]
View answerIn accordance with the Dormant Accounts (Amendment) Act 2012, a new Disbursement Scheme was approved by Government in December 2013 and was laid before the Houses of the Oireachtas on 18 December 2013. The 2012 Act also provides for the preparation of an Action Plan each year to give effect to the Scheme. A Dormant Accounts Action Plan for 2014 was adopted on 1 July 2014. The plan will provide diverse supports for disadvantaged communities, including measures to promote youth employment, employability and entrepreneurship, training for carers and support for people with disabilities. €5.456 million for Dormant Accounts Measures is provided in my Department’s Estimates in 2014, which includes €2 million to be used to support labour force activation measures in local authorities.
Further data in relation to the Dormant Accounts Fund are available on my Department’s website at http://www.environ.ie/en/Community/DormantAccounts/.
1021. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government when interested parties will be in a position to make applications for funding under the new Leader programme; and if he will make a statement on the matter. [41462/14]
View answerThe draft operational programme for the Rural Development Programme 2014-2020, which includes LEADER, was submitted to the European Commission in July 2014. The approval of the Programme involves an iterative process between Ireland and the European Commission and it is hoped that the Programme will receive final approval before the end of 2014. In anticipation of Commission approval, my Department is progressing plans to undertake a comprehensive capacity building and selection process in order to ensure that the most robust, efficient and effective Local Development Strategies are selected for implementation. In addition, my Department is developing operational procedures and systems in order to ensure full compliance with EU and National rules and regulations. Notwithstanding the level of work to be done in advance of the programme becoming operational I expect that the programme will be in a position to start accepting applications by mid 2015.
1023. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the concerns of the tyre industry in relation to a proposal by his Department to implement in full a producer responsibility initiative; if his attention has been drawn to the fact that the industry is strongly of the view that the full implementation of the producer responsibility initiative would result in a very serious drop in its business with a considerable loss in employment; and if he will make a statement on the matter. [41498/14]
View answerAs part of the Producer Responsibility Initiative (PRI) Review, my Department published a report on waste tyres in November 2013, which concluded that the current system is not functioning as intended , with a lack of basic information, poor structure, poor environmental outcomes in the form of large stockpiles of waste tyres and somewhere between 24% - 50% of waste tyres unaccounted for. The report also identified significant non-compliance among those with responsibilities under the current Waste Tyre Regulations.
To address these significant shortcomings, my Department has been working, in full consultation with all parts of the tyre industry, to assist it in putting in place a system of producer responsibility, in line with those that apply to other sectors, to provide for the collection, sorting and management of the waste they produce in an environmentally sound manner. This is in line with the “polluter pays principle” which is a firmly established feature of both domestic waste policy and legislation.
This will require an overhaul of existing structures, but I believe that this can be achieved without distorting the t yres market in Ireland, without encouraging customers to buy tyres outside of the jurisdiction and without widespread job losses. Moreover, I believe that such a scheme could be provided for without introducing any new costs, but rather by effectively formalising the existing charge that is already applied to almost all tyre purchases.
Arising from the work of the Tyres Working Group, which includes representatives from across the waste and tyres industries, my Department has now received proposals for the future management of waste tyres from the Irish Tyre Wholesalers and Retailers Association (ITWRA) and the Irish Tyre Industry Association (ITIA) . While it would have been my preference for all sides within the industry to come together in support of a single proposal, the separate proposals are being considered by my Department. I expect to receive recommendations arising from this very soon and , once I have made my decision , I will engage once more with all sides of the tyre industry to collaborate in putting in place the detailed legislative underpinning for the operation and enforcement of the new system.
1024. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if he will clarify who precisely has ownership of Irish Water in view of the fact that it is listed as a private company limited by shares; if he will list the shareholders of Irish Water; and if he will make a statement on the matter. [41518/14]
View answer1057. Deputy Fergus O'Dowd asked the Minister for the Environment, Community and Local Government the position regarding issues raised (details supplied) regarding Irish Water; and if he will make a statement on the matter. [41992/14]
View answerI propose to take Questions Nos. 1024 and 1057 together.
The Water Services Act 2013 provides for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann, conforming to the conditions contained in the Act and registered under the Companies Acts. Section 4 provides that Irish Water is registered as a private company limited by shares under t he Companies Act.
Section 5 of the Act provides that one share in Irish Water shall be issued to Bord Gáís Éireann (now Ervia) with the remaining shares allocated equally between the Minister for the Environment, Community and Local Government and the Minister for Finance. Accordingly, Irish Water is in full State ownership. Subsection 5(6) of Act, as amended by Section 46 of the Water Services (No. 2) Act 2013, prohibits each of the three shareholders from disposing of their shareholding in Irish Water and thus places a statutory prohibition on the privatisation of Irish Water.
The powers conferred on Irish Water by sections 25 and 26 of the Water Services Act 2013 are limited to the performance of its statutory functions. Section 25 is a standard provision, and does not provide unlimited powers but rather relates to the performance of functions conferred by the Oireachtas. Similarly, section 26 allows Irish Water to obtain information relevant to the performance of its functions. The guarantee of borrowing, provided for in section 13 of the Act, is a standard provision for State bodies.
1025. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government if Irish Water automatically assumes responsibility for the provision of water services in housing estates which have not been taken in charge by the local authority. [41544/14]
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 , among other things, any, 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 taken in charge by local authorities pursuant to section 180 of the Act of 2000 will be subsequently transferred by Ministerial Order to Irish Water.
In circumstances where a housing estate, and its associated water services infrastructure, has not yet been taken in charge by the relevant local authority, and therefore not yet transferred to Irish Water by way of Ministerial Order, the responsibility for the provision of water services remains with the developer of the estate.
My Department, following consultation with Irish Water and local authorities, intends to issue a guidance circular to local authorities this week clarifying the position as regards local authority procedures concerning taking in charge of existing residential estates that are connected to public water supply and/or wastewater collection systems followed by the transfer or otherwise, of water services infrastructural assets in agreement with Irish Water. It is expected that this advice will facilitate and expedite the taking in charge of housing estates by local authorities and the transfer of the water services infrastructure and, consequently, the responsibility for the provision of water services to Irish Water.
This matter will be kept under review by my Department and further guidance will be issued if required.
1027. Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government his plans to propose amending legislation to clarify that trustees of group water schemes, where such groups have been purchasing water from public supplies, will not be liable to Irish Water for debts incurred by members of such schemes; and if he will make a statement on the matter. [41566/14]
View answerThe Water Services (No.2) Act 2013 provides Irish Water with the power to charge for water services. The Act also provides that the Commission for Energy Regulation (CER) will be responsible for the economic regulation of Irish water and the charges to be levied by Irish Water will be subject to the approval of the CER. Following a public consultation process the CER announced its decision on water charges on 30 September. Water charges commenced on 1 October 2014 and the first bills will be issued by Irish Water to households from January 2015.
Group Water Schemes that are supplied by way of a connection to the public water supply network will have previously been non-domestic customers of the relevant local authority and will therefore now become customers of Irish Water. Under the arrangements determined by the CER, the existing charges for non-domestic customers will remain in place pending a further consultation. My Department understands that there may be some group schemes where special local arrangements may have applied; the future arrangements in relation to these schemes will be resolved as soon as possible.
It is important to emphasise that the households on group schemes are customers of the scheme and not of Irish Water. My Department has no proposals to change this or to change any existing arrangements relating to the trustees of such schemes.
Group Water Schemes that have their own water sources will not be customers of Irish Water and will continue to operate as before.
Questions Nos. 1028 and 1029 answered with Question No. 977.
1030. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the delay in producing the regulations required to give effect to the provision of the Housing Miscellanous Act 2014 which would allow local authorities to take action against anti-social tenants. [41589/14]
View answer1044. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the laws in place to help home owners who are having problems with difficult neighbours; and if he will make a statement on the matter. [41816/14]
View answerI propose to take Questions Nos. 1030 and 1044 together.
Housing authorities have substantial powers under the Housing Acts 1966 to 2014 to manage their housing stock, including , in the case of anti-social behaviour , powers to recover possession of dwellings and to seek court order s excluding persons from social housing accommodation or estates for periods of up to 3 years.
Housing authorities are also empowered to refuse to allocate, or to refuse to sell, dwellings to persons engaged in anti-social behaviour. At the policy level, every housing authority has a statutory duty to adopt and review an anti-social behaviour strategy for the prevention and reduction of anti-social behaviour in its housing stock, which must provide for co-operation with other relevant bodies, notably An Garda Síochána.
Part 2 of the Housing (Miscellaneous Provisions) Act 2014 includes a new court procedure for the recovery of possession of local authority dwellings from households in serious breach of their tenancy agreements, including through anti-social behaviour. The Act also strengthens the powers of housing authorities to obtain excluding orders in the case of anti-social behaviour. I intend to make the necessary statutory instruments in the coming months to bring Part 2 of the 2014 Act into operation.
1031. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his plans to ensure that new housing stock will be wheelchair user friendly; and if he will make a statement on the matter. [41591/14]
View answer1032. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his views on a wheelchair user rating system for properties, similar to BER ratings, to assist wheelchair users searching for suitable accommodation, as at present properties advertised as being wheelchair accessible are not necessarily suitable for wheelchair users to live in; and if he will make a statement on the matter. [41592/14]
View answer1069. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if a grant is available to make a public building wheelchair accessible (details supplied); and if he will make a statement on the matter. [42222/14]
View answerI propose to take Questions Nos. 1031, 1032 and 1069 together.
The Building Regulations (Part M Amendment) Regulations 2010 and the accompanying Technical Guidance Document M – Access and Use make provision for the access and use of buildings by people with mobility issues , including wheelchair users.
In the case of dwellings, the requirement is that a new dwelling must be visitable by people with disabilities and there are specific requirements in respect of approaches to a dwelling and the widths of internal doors. There are no proposals under consideration by my Department at present in relation to the introduction of a wheelchair user rating system for dwellings along the lines suggested.
In the case of buildings other than dwellings, in broad terms, the latest regulations require that all new buildings should be designed and constructed so that people with a range of disabilities can safely and independently approach and gain access to a building, circulate within it and use the relevant facilities within it. The regulations also apply to the approach and access to, and sanitary facilities in, existing buildings when extended or subject to a material alteration or a material change of use.
Housing adaptation grants are available within each local authority area to render a house more suitable for the accommodation of persons with a disability. Community and voluntary groups may be entitled to apply for grant aid along the lines suggested under funding schemes run by the HSE and Pobal. It is not clear from the details supplied whether the organisation in question would be categorised as a community or voluntary group.
Compliance with the Building Regulations is primarily the responsibility of the owner and builder of the building concerned and any agents they engage to work on their behalf. In a social housing context, the local authority in its role as Housing Authority or the relevant Approved Housing Body must ensure that appropriate oversight arrangements are in place to secure compliance with all statutory obligation including Part M requirements. Responsibility for enforcement of the Regulations rests with the 31 local Building Control Authorities.
Building Regulations are subject to ongoing review by my Department . All proposed changes to the Building Regulations are subject to a comprehensive Regulatory Impact Assessment and a detailed public consultation process prior to final regulations being approved and signed into law.
1033. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will introduce measures to address the problem of tenants of business premises who leave landlords saddled with unpaid water bills; his views on the creation of a register of tenants who have outstanding bills, so that the tenant cannot just move on to another premises and repeat the process; if he will ensure that local authorities must inform landlords before a service is shut off; and if he will make a statement on the matter. [41610/14]
View answer1055. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if council tenants will be obliged to pay water charges; what will happen to council tenants who do not pay charges; if councils will be in a position to hand over the tenants' details to Irish Water; and if he will make a statement on the matter. [41977/14]
View answerI propose to take Questions Nos. 1033 and 1055 together.
The Water Services (No. 2) Act 2013 requires Irish Water to charge its customers in respect of the services provided. The Act defines the customer as the occupier of the premises in respect of which the water services are provided. The Act also states that it will be presumed, unless the contrary is proved, that the owner of a premises is also the occupier of the premises.
Irish Water is currently undertaking a customer verification exercise to obtain the details of customers in receipt of services from Irish Water. This process gives tenants, including local authority tenants, the opportunity to apply and avail of their relevant allowances and this will continue until the deadline date for applications which has been extended to 30 November 2014. After this date Irish Water has advised my Department that it intends to initiate a further campaign to allow landlords, including the local authorities, to provide proof that their property is occupied by a tenant and that they are not the occupant. This will remove liability from the landlord in compliance with Section 21(5) of the Act. Irish Water has an on-going engagement with the Office of the Data Protection Commissioner and will ensure compliance with data protection legislation.
Section 21 of the Act provides that Irish Water may reduce or discontinue the supply of water to a premises where water charges in respect of the premises remains wholly or partly unpaid. However, Irish Water is prohibited from disconnecting a household from the water supply. Any disconnection or restriction must be in line with the water charges plan or an approved agreement under section 23 of the Act, both of which are subject to the approval of the Commission for Energy Regulation. Where a customer fails to pay a charge under this section, it shall be recoverable by Irish Water as a simple contract debt in any court of competent jurisdiction.
1034. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he has explored models of low-cost social housing construction used in other countries as possible models for use here; and if he will make a statement on the matter. [41613/14]
View answerThe Government’s objective is to provide quality social housing at best value for the State and in that context consideration is given to mechanisms and projects with that objective on an on-going basis. The forthcoming Social Housing Strategy will further enhance our approach to social housing provision in Ireland. The Strategy, which I expect to finalise in the coming weeks, will contain clear measurable actions to be taken to increase the supply of social housing on a national basis.
With regard to construction models, building 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 1997-2014. 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. Where new or innovative methods of construction are being imported or adapted for use in Ireland it is necessary to demonstrate that method used is suitable for conditions in Ireland and is fully compliant with the requirements of the Building Regulations. This is normally achieved through certification by a competent body, such as the National Standards Authority of Ireland (NSAI) or an equivalent recognised certification body. The onus is on the owners, designers and builders of a particular building to demonstrate how compliance has been achieved.
I understand that sustainable modular housing options for both short-term and long-term housing are currently being considered by Dublin City Council. My Department is awaiting a report from the Council on this matter. In considering whether modular housing is an appropriate response for addressing housing need, the timeline for delivery as well as the costs involved will need to be assessed and benchmarked against traditional build programmes.
