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Tuesday, 4 Nov 2014

Written Answers Nos. 1052-1069

Water Charges Introduction

Questions (1053, 1068)

Terence Flanagan

Question:

1053. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government to set out his views on the timing of water charges bills (details supplied) in Dublin 5; and if he will make a statement on the matter. [41906/14]

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Terence Flanagan

Question:

1068. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government to set out his views on correspondence (details supplied) regarding water charges; and if he will make a statement on the matter. [42214/14]

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Written answers

I propose to take Questions Nos. 1053 and 1068 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 shall 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. The plan outlines a range of payment options for customers of Irish Water, including payments in monthly instalments. Full details and associated documentation are available on the CER website at the following link: www.cer.ie/document-detail/CER-Water-Charges-Plan-Consultation/979.

The CER has determined that if a customer chooses to spread their payments using the payment options outlined in the water charges plan, this will not lead to the loss of allowances. The CER have also recently made a decision to postpone the issuing of the first quarterly bills to customers until 26 January 2015 with a payment period of 14 days for each bill.

Question No. 1054 answered with Question No. 977.
Question No. 1055 answered with Question No. 1033.

Unfinished Housing Developments

Questions (1056)

Michael Creed

Question:

1056. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government with regard to ongoing discussions between his Department and Irish Water on the taking over of private estates that involve private water or waste water pumping or treatment facilities, the number of estates which have been identified for takeover in the context of these discussions; if he will give a tabular breakdown of the number in each local authority area; if he will further provide a tabular breakdown with regard to these estates including those with private water sources, waste water pumping stations and treatment plant; the estimated cost involved for Irish Water in taking over these estates; and if he will make a statement on the matter. [41989/14]

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Written answers

My Department , as part of a wider overhaul of the taking in charge process, is seeking to determine the number of residential developments with developer provided stand-alone wastewater treatment plants and/or water treatment systems that are not connected to public water and waste water networks. Many of the developments in question have not yet been taken in charge by the relevant local authority because they are unfinished. In some cases the developments may be completed but not to the standards required under the planning permissions granted. My Department has concluded that a pilot project focussing on the situation in a number of local authority areas would contribute greatly to the establishment of a clear overview of the nature of the problems which exist in the developments in question, and the identification of possible solutions and associated costs required to alleviate those problems.

The information garnered from the pilot project, which will commence shortly, will subsequently be used by my Department to inform the development of a co-ordinated approach to the taking-in charge by local authorities of developments with developer provided water services infrastructure and, where appropriate, the transfer of such infrastructure to Irish Water.

Question No. 1057 answered with Question No. 1024.

Seirbhísí Uisce

Questions (1058)

Éamon Ó Cuív

Question:

1058. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Comhshaoil, Pobail agus Rialtais Áitiúil cén fáth go bhfuil aithbhreithniú á dhéanamh ag Uisce Éireann ar scéim uisce réigiúnach Chasla nuair atá an togra seo ag teastáil go práinneach agus nuair atá sé beagnach réidh le dul ar aghaidh; an raibh ar Uisce Éireann cead ón Aire a fháil don bheartas seo; an bhfuil sé i gceist aige treoir a thabhairt d'Uisce Éireann dul ar aghaidh láithreach leis an togra seo agus Loch Ghleann Mhac Muirinn a úsáid mar fhoinse uisce agus an bhfuil an imní atá ar dhaoine sa cheantar faoi chaighdéan an uisce ann á cur i gcuntas; agus an ndéanfaidh sé ráiteas ina thaobh. [42024/14]

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Written answers

Tá Uisce Éireann freagrach as Seirbhísí Uisce ó 1 Eanair 2014. Déanfaidh siad aon chinntí maidir le dul chun cinn na scéimeanna, lena n-áiritear Scéim Uisce Réigiúnach Chasla i gcomhthéacs a Phlean Infheistíochta Chaipitil 2014 – 2016 atá ar fáil ar a suíomh idirlíon www.water.ie. Tá foireann ar leith curtha ar bun chun deileáil le ceisteanna agus uiríll ó ionadaí phoiblí. Is féidir dul i dteagmháil leo trí ríomhphoist a sheoladh go oireachtasmembers@water.ie nó ar an uimhir gutháin 1890 578 578.

Irish Water is responsible for Water Services since 1 January 2014. Any decisions regarding the progression of schemes, including the Costello Regional Water Scheme is a matter for Irish Water, who have published their Capital Investment Plan 2014 – 2016, which is available on the company’s website, www.water.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 578 578.

Waste Disposal

Questions (1059)

Mary Mitchell O'Connor

Question:

1059. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government to explain the reason brown waste collection bins are charged for while green bins are free although brown bin waste is also recycled material; and if he will make a statement on the matter. [42030/14]

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Written answers

The charges applied by waste management companies are a matter between those companies and their customers, subject to compliance with all applicable environmental and other relevant legislation. However, it is important to note that the provision of a segregated collection service through a green bin is not “free” - even where a waste collector decides not to charge customers for collection of the green bin, there is nonetheless a cost associated with processing the contents of this bin, just as there is for processing brown bin or residual bin material.

As part of the introduction of a new regulatory framework for the collection of household waste in 2015, I intend to introduce a general requirement that pricing plans incentivise the segregation of waste by households and the application of the waste hierarchy.

Wind Energy Guidelines

Questions (1060)

Robert Troy

Question:

1060. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government when his Department will publish the new wind energy guidelines; if the public will get a further input; the period of time these guidelines will be in effect for; and if he will make a statement on the matter. [42036/14]

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Written answers

In January 2013, my Department commenced a review of the current 2006 Wind Energy Development Guidelines, focusing specifically on the guidance relating to noise, setbacks and shadow flicker. As the starting point in this process, submissions were invited as part of a preliminary public consultation process. 540 submissions were subsequently received from private individuals, the wind industry, professional institutes and local authorities. In December 2013, my Department published proposed “draft” revisions to the noise, setbacks and shadow flicker aspects of the 2006 Guidelines. 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.

A second public consultation process was initiated on these proposed draft revisions to the Guidelines, which ran until February 21st 2014. My Department received submissions from 7,500 organisations and members of the public during this period.

It is intended that the revisions to the Wind Energy Development Guidelines will be finalised as soon as possible. However, account has to be taken of the extensive response to the public consultation in framing the final guidelines. Further work is also advancing to develop technical appendices to assist planning authorities with the practical application of the noise measurement aspects of the Wind Guidelines.

Given that there have already been two extensive rounds of public consultation on these Guidelines with the same broad range of issues raised on both occasions, I do not consider that a third consultation process would be of added value.

The revisions to the Wind Energy Development Guidelines 2006, when finalised, will be issued 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.

Planning Guidelines issued to planning authorities are reviewed periodically by my Department and the Wind Energy Development Guidelines will be updated again in the future, as necessary.

Local Authority Finances

Questions (1061)

Seán Kyne

Question:

1061. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 240 of 21 October 2014 to the Minister for Finance, the stage discussions are at between his Department and the local authorities, particularly Galway, with regard to the level of exposure to development bonds entered into by Irish Bank Resolution Corporation; when it is envisaged this may be completed; and if he will make a statement on the matter. [42078/14]

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Written answers

The Irish Bank Resolution Corporation Act 2013 was enacted on 7 February 2013, appointing joint Special Liquidators to the Irish Bank Resolution Corporation (IBRC) with immediate effect to wind up its business and operations. Under the IBRC Act the Special Liquidators are obliged to independently value all the assets of IBRC and to engage in a sales process which will maximise the return for its creditors, including the State. The matter of Development Bonds issued by the Bank is one of a number of important issues that the Special Liquidators must consider in exercising their statutory duties under the Act.

Development bonds have traditionally been required as a condition of planning permission by local authorities. The developer must provide a bond, set out as a planning condition, which is then called upon in the event that the developer does not complete their development in accordance with the plans and particulars, the conditions of planning and relevant codes and regulations.

The IBRC had, in the past, issued bonds to local authorities in relation to loans outstanding to the institution.  It should be noted that it is most likely that any liabilities which may arise in relation to any bonds/guarantees/indemnities under these arrangements will rank as unsecured claims in the special liquidation. However, it must be stressed that these bonds are contingent liabilities and therefore, will only be called upon where developers breach planning conditions and are not in a position to meet any liability that arises as a result.

There are issues facing local authorities, and in particular in relation to unfinished housing developments, as a result of developers not complying with the terms of their planning permissions. The Special Liquidators are working with the Department of Finance and my Department in relation to this matter.  A process of validation and calibration between the Special Liquidators and Local Authorities in order to realise the possible level of exposure has been assessed. Local Authorities are following the legal process by ensuring that claims are made on the IBRC bonds.  Each local authority needs to submit a valid claim in the liquidation process in order to rank as an unsecured creditor and to have any possibility of recovery.

The City & County Management Association (CCMA) has been responsible for examining information received from each local authority in order to quantify the overall ‘real’ exposure in relation to unfinished housing developments. Thirteen developments categorised as ‘Unfinished Housing Developments’ have IBRC bonds in place.  The work of the Special Liquidator will result in the sale of loans, which in many cases will see specific projects re-launched by new investors who will have to address legacy issues and requirements for new planning securities.

My Department is in discussion with the Department of Finance regarding the position of the work of the Special Liquidator and the unsecured debts of the Local Authorities in the form of IBRC bonds. This matter will be progressed as part of the overall resolution of Unfinished Housing Developments.

Question No. 1062 answered with Question No. 998.

State Properties

Questions (1063)

Terence Flanagan

Question:

1063. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government to outline the legislation in place to prevent squatting on public lands; his plans to update legislation (details supplied); and if he will make a statement on the matter. [42113/14]

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Written answers

Local authorities are empowered to deal with the unauthorised placing of temporary dwellings on public property under the Local Government (Sanitary Services) Act 1948 and Section 10 of the Housing (Miscellaneous Provisions) Act 1992, as amended by Section 32 of the Housing (Traveller Accommodation) Act 1998 and Section 21 of the Housing (Miscellaneous Provisions) Act 2002. The initiation of action under these pieces of legislation is a matter for each local authority.

While I have no current plans to amend the powers available to local authorities, I will continue to keep the effectiveness of these powers under review.

The relevant provisions of the Criminal Justice (Public Order) Act 1994 concerning entering and occupying land without consent are a matter for my colleague, the Minister for Justice and Equality.

Control of Dogs

Questions (1064)

Mick Wallace

Question:

1064. Deputy Mick Wallace asked the Minister for the Environment, Community and Local Government to outline the amount of public money granted annually to the ISPCA for the running of dog pounds; if he will indicate the regularity with which these dog pounds are inspected and by whom; and if he will make a statement on the matter. [42148/14]

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Written answers

My Department does not provide any funding to the ISPCA for the running of dog pounds. It is a matter for each local authority to manage the dog control service in its functional area and my Department has no involvement in this process.

Housing Assistance Payments Administration

Questions (1065)

David Stanton

Question:

1065. Deputy David Stanton asked the Minister for the Environment, Community and Local Government with regard to the roll-out of the housing assistance payment in local authority areas to explain the interim arrangements in place between his Department and the Department of Social Protection with regard to assistance with private rental payments for potential HAP candidates; and if he will make a statement on the matter. [42183/14]

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Written answers

The Housing (Miscellaneous Provisions) Act 2014 provides for the introduction of the Housing Assistance Payment (HAP). Under HAP, the responsibility for the provision of rent support to those with a long-term housing need will transfer from the Department of Social Protection (DSP) to local authorities. This will include both existing customers on the rent supplement scheme and also new customers who have been assessed by the local authority as having a housing need.

Under the new arrangements, new customers assessed by the local authority as having a housing need will apply for housing support under HAP rather than rent supplement. Households that are currently in receipt of long term rent supplement and who also qualify for social housing support will be gradually transferred from rent supplement to HAP during the implementation phase of the scheme. HAP is currently available in 7 local authority areas as part of a statutory pilot of the scheme – the areas concerned are Limerick and Waterford City and County Councils, and Cork, Louth, Monaghan, South Dublin and Kilkenny County Councils . Roll out to the remaining local authorities is scheduled to begin on a phased basis in 2015.

During the pilot phase, the Department of Social Protection will continue to provide assistance to households in the local authority areas where HAP has not yet been introduced. Once HAP has been fully rolled out to all local authority areas, rent supplement will be available through the Department of Social Protection for eligible households who are already in the private rented sector and who, generally because of a loss of income through unemployment or otherwise, require short term income support in order to pay their rent. Rent supplement will therefore, over time, return to its original purpose of being a short-term income support payment.

Local Authority Housing Provision

Questions (1066)

Finian McGrath

Question:

1066. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government to set out the percentage of all new social housing schemes which will be allocated to persons with a disability; and if he will make a statement on the matter. [42196/14]

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Written answers

Housing allocations are made by a local authority in accordance with an allocation scheme, the making of which is a reserved function of the authority. Housing and disability steering groups have been set up in each local authority area. These groups will produce a five year strategic plan, based on a thorough analysis of the current and predicted housing need, which will address how the housing need of those who qualify for social housing will be met. This may include ensuring a percentage of new social housing schemes are to be adapted, if necessary, and allocated to persons with a disability.

Water Services Funding

Questions (1067)

Finian McGrath

Question:

1067. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if EU funding was ever received to repair the water infrastructure here in the past; and if he will make a statement on the matter. [42197/14]

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Written answers

Water conservation projects have benefited from EU Structural and Cohesion Fund programmes in various formats, the most recent of which is the European Regional Development Fund (ERDF) 2007 – 2013 programme, which was administered via the Border, Midlands and Western (BMW) and South & East (S&E) Regional Assemblies. Water conservation projects were selected in the BMW region for co-funding under (ERDF) 2007 – 2013 in accordance with the programme’s defined themes and priorities. The priority used in this instance was Focused Capital Works to enhance urban regeneration.

The overall objective of the Priority is to strengthen the spatial structuring of the BMW Region by investing in integrated sustainable initiatives. By improving the water services infrastructure in the towns selected, through network rehabilitation works, it increases the ability of those towns to better meet the current and prospective needs of business and enterprise in those centres. By focussing on the improvement of existing infrastructure rather than the provision of new infrastructure, environmental sustainability is enhanced.

All of the water conservation projects selected for co-funding were in towns that lie within the BMW Assembly Area. Network rehabilitation works planned at that stage in the gateways of Athlone, Mullingar, Sligo and Dundalk were considered to be the most appropriate to advance within the time frame proposed for the progression of projects. In selecting projects, an effort was made to provide a geographical spread across the BMW Region.

While the programme has now completed, funding for works underway may be included up to the end of 2015. Irish Water is prioritising the completion of these projects so that funds can be drawn down centrally within that timeframe.

Two Design/Build/Operate Group Water Scheme projects, which also include some small public schemes, in Galway and Roscommon, funded under my Department’s Rural Water Programme, have also benefited from funding under the 2007 – 2013 ERDF Programme.

Question No. 1068 answered with Question No. 1053.
Question No. 1069 answered with Question No. 1031.
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