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Tuesday, 11 Nov 2014

Written Answers Nos. 499-513

Septic Tank Inspections

Questions (499, 528)

Pat Deering

Question:

499. Deputy Pat Deering asked the Minister for the Environment, Community and Local Government the number of septic tank inspections that have been carried out in the past 12 months; the number of these which related to registered and non-registered tanks; the number of tanks that have failed inspection; and the amount that has been paid in grants for upgrading failed systems, on a county basis. [42923/14]

View answer

Brendan Ryan

Question:

528. Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government if he will provide an up-to-date report on the details of the septic tank grant scheme, including clarification on the number of septic tank improvement grants issued so far; the total fund in place to provide for such grants; and if he will make a statement on the matter. [43216/14]

View answer

Written answers

I propose to take Questions Nos. 499 and 528 together.

The Water Services (Amendment) Act 2012 assigns responsibility to the Environmental Protection Agency ( EPA ) to make a National Inspection Plan for domestic wastewater treatment systems. The National Inspection Plan 2013: Domestic Waste Water Treatment Systems was adopted and published by the EPA in February 2013. The Plan provided for a minimum of 1,000 inspections to be carried out by the local authorities in the 12 month period up to July 2014. The EPA subsequently informed the local authorities that a further 500 inspections on a pro-rata basis should be carried out during the period July to December 2014. Details of the minimum number of inspections to be carried out in each county are included in the Plan.

My Department does not have any direct role in monitoring the implementation of the EPA’s Plan by the local authorities. However, the EPA has conducted an interim review on the implementation of the National Inspection Plan for the period from July 2013 to February 2014. The report, which is available on the Agency’s website at http://www.epa.ie/pubs/advice/water/wastewater/NIP%20Interim_web%20_%20Feb%202014.pdf, contains a breakdown by county of inspections that have taken place and the number of non-compliant treatment systems for which advisory notices were issued.

On 4 November 2014, the EPA informed the Joint Committee on Environment, Culture and the Gaeltacht that of 987 inspections carried out, 476 of the treatment systems failed the inspection. The Agency has indicated that it intends to carry out a review of the first year’s operation of the inspection plan and I understand that a public consultation regarding this review will be undertaken with the aim of developing a new inspection plan for the three years commencing in January 2015. The number of inspections to be carried out under the new plan is a matter for the EPA.

Applications for grant aid in respect of remediation works are submitted to, and processed by, the local authorities who then seek recoupment of the amounts paid from my Department. There is no specific fund set aside for the grants scheme. Grants are recouped to the local authorities, on a demand - led basis, from my Department’s Rural Water Programme. Details of the grants recouped by my Department to date are set out in the following table.

SEPTIC TANKS 2014

County

No. of Grants

Amount Drawn

Carlow

-

-

Cavan

-

-

Clare

-

-

Cork

-

-

Donegal

-

-

Galway

4

15,300.06

Kerry

-

-

Kildare

-

-

Kilkenny

-

-

Laois

-

-

Leitrim

-

-

Limerick

2

6,500

Longford

1

4,000

Louth

1

4,000

Mayo

-

-

Meath

7

25,714.32

Monaghan

-

-

Offaly

-

-

Roscommon

-

-

Sligo

1

3,161.75

Tipperary

3

6,360.40

Waterford

-

-

Westmeath

-

-

Wexford

-

-

Wicklow

-

-

Total

19

65,040.53

Water Services Provision

Questions (500)

Robert Troy

Question:

500. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government the way in which the voluntary committees that look after group water schemes may apply to have their schemes taken in charge. [42930/14]

View answer

Written answers

The Water Services (No. 2) Act 2013 provides for the transfer of water services functions from the 34 water services authorities to Irish Water. Under the legislation, Irish Water now has the powers previously held by local authorities in relation to the takeover of Group Water Schemes and this means that Irish Water may acquire by agreement a waterworks or waste water works, but subject generally to not fewer than two thirds of those entitled to dispose of it (typically the members of a group water scheme) giving their consent.

It is open, therefore, for group water schemes to contact Irish Water if they wish to have their schemes considered for take over.

Separately my Department provides some limited funding under its Rural Water Programme to bring quality deficient group water schemes up to a standard where Irish Water can take them over. As responsibility for the administration of this programme has been devolved to the local authorities, group schemes which may come under this heading can contact their local authority for advice on the matter.

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.

Noise Pollution Legislation

Questions (501)

Terence Flanagan

Question:

501. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will provide an update regarding noise pollution legislation (details supplied); and if he will make a statement on the matter. [42945/14]

View answer

Written answers

The Programme for Government includes a commitment to take further steps to address noise pollution, inter alia, through the introduction of fixed payment notices (also known as on-the-spot fines).  The development of new noise legislation by my Department is being considered in the context of this commitment. However, as indicated in the Government’s Legislation Programme published on 17 September 2014, it is not possible at this time to indicate when such a Bill will be published, having regard to the broad range of legislative priorities to be progressed across my Department’s remit.

Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.

A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department’s website , at the following link: http://www.environ.ie/en/Environment/Noise/.

Water and Sewerage Schemes Funding

Questions (502, 544)

Brendan Smith

Question:

502. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if he will provide, on an annual basis from 2007 to 2011, inclusive, the financial allocation made to Cavan County Council for water and sewerage schemes, including major schemes, smaller town and village schemes and rural group schemes; and if he will make a statement on the matter. [43000/14]

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Brendan Smith

Question:

544. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if he will provide, on an annual basis from 1997 to 2006, inclusive, the financial allocation made to Cavan County Council for water and sewerage schemes, including major schemes, smaller town and village schemes and rural group schemes; and if he will make a statement on the matter. [43310/14]

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Written answers

I propose to take Questions Nos. 502 and 544 together.

Capital expenditure on public water and wastewater schemes was provided through various Water Services Investment Programmes, copies of which are in the Oireachtas library. Details of capital expenditure recouped to Cavan County Council from 1997 to 2011 in respect of such schemes is outlined in the following table.

Table: WSIP Expenditure for Years 1997 – 2011 – Cavan County Council

Year

Waste Water

Water

Grand Total

1997

€773,116

€1,037,495

€1,810,611

1998

€3,660,688

€728,636

€4,389,324

1999

€3,053,828

€306,501

€3,360,329

2000

€3,570,747

€622,085

€4,192,832

2001

€1,015,964

€3,241,971

€4,257,936

2002

€961,594

€3,676,365

€4,637,959

2003

€1,983,038

€1,548,195

€3,531,234

2004

€2,912,917

€899,349

€3,812,266

2005

€2,507,144

€639,736

€3,146,881

2006

€2,877,769

€1,560,894

€4,438,662

Total 1997- 2006

€23,316,805

€14,261,227

€37,578,034

2007

€1,873,296

€4,154,472

€6,027,768

2008

€3,660,765

€4,686,370

€8,347,135

2009

€1,239,527

€3,007,436

€4,246,964

2010

€1,041,834

€856,705

€1,898,539

2011

€2,008,660

€1,164,080

€3,172,740

Total 2007-2011

€9,824,082

€13,869,063

€23,693,146

Grand Total

€33,140,887

€28,130,290

€61,271,180

Responsibility for the administration of the Rural Water Programme has been devolved to local authorities since 1997.

The selection, prioritisation and approval of individual scheme proposals for advancement and funding under the programme, within the overall priorities set by my Department and subject to the block grant allocations provided, is therefore a matter for the local authorities. The following table sets out the funding recouped to Cavan County Council from 1997 to 2011. This includes all capital funding provided under the Rural Water Programme and subsidies towards the operational costs of group water schemes provided under the Local Government Fund.

RURAL WATER PROGRAMME

Year

Exchequer Grants paid

Subsidies paid towards operational costs of Group Water Schemes

1997

€1,066,606

€923,279

1998

€810,776

€225,470

1999

€1,425,628

€529,245

2000

€3,155,083

€581,877

2001

€4,851,065

€619,670

2002

€4,237,495

€373,458

2003

€5,681,611

€1,072,610

2004

€17,938,996

€839,415

2005

€18,012,587

€1,020,067

2006

€12,215,890

€1,723,267

2007

€10,490,781

€1,810,403

2008

€5,304,506

€1,605,350

2009

€4,560,407

€3,669,704

2010

€2,772,089

€1,662,699

2011

€2,199,574

€4,442,757

Total

€94,723,094

€21,099,271

Constitutional Convention Recommendations

Questions (503)

Brendan Smith

Question:

503. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government the progress in advancing the proposal to enable persons living in Northern Ireland and emigrants to vote in presidential elections; and if he will make a statement on the matter. [43001/14]

View answer

Written answers

The Government expects to respond to the recommendations in the Fifth Report of the Convention on the Constitution to give citizens resident outside the State and citizens resident in Northern Ireland the right to vote in Presidential elections before the end of the current Dáil session.

Waste Management

Questions (504)

Michael McGrath

Question:

504. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he will address a matter raised in correspondence (details supplied) pertaining to the implementation of a full producer responsibility initiative to regulate waste arising from the tyre industry; and if he will make a statement on the matter. [43057/14]

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Written answers

As 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 tyres 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 Independent 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 consideration 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.

Greenhouse Gas Emissions

Questions (505)

Catherine Murphy

Question:

505. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the contingency plans and budget he has put in place to address the possibility that Ireland may not meet its legally binding annual greenhouse gas emissions targets under the EU effort sharing decision; and if he will make a statement on the matter. [43070/14]

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Written answers

Pursuant to the EU Effort-Sharing Decision of 2009 ( Decision No. 406/2009/EC ), Ireland has ambitious, legally binding greenhouse gas emission reduction targets for each year between 2013 and 2020 inclusive.

Under the Decision, emissions in the year 2013 should be no more than the average of those same emissions in the years 2008 to 2010.  In the year 2020, the target is that emissions should be 20 per cent below their value in 2005. The target for each of the years 2014 through 2019 is on a straight-line trajectory between the targets for 2013 and 2020. Over-achievement in any one year can be used in any other year where there is under-achievement. Furthermore, there are various other flexible mechanisms available to Member States to reach their targets such as Certified Emissions Reductions, that is, the unit of the Clean Development Mechanism as defined under the Kyoto Protocol, along with the inter-Member State trading of units.

The EPA has recently projected that Ireland's cumulative distance to target for the period 2013-2020 will range between 1 and 17 Mt CO2e for the period as a whole. In the event that the units currently held in the national portfolio are not sufficient to meet any deficit, it is possible that Ireland may acquire additional compliance units from other Member States or through the carbon markets. Analysis by my Department suggests that this eventuality, should it arise, will not arise until 2020 or thereafter.

The extent of the challenge posed by these emission reduction targets is well understood by the Government, as reflected in the National Policy Position on Climate Action and Low-Carbon Development and the General Scheme of the Climate Action and Low-Carbon Development Bill, both of which were published in April this year. The National Policy Position provides a high-level policy direction for the adoption and implementation by the Government of plans to enable the State to move to a low-carbon economy. Proposed statutory authority for the plans is set out in the General Scheme of the Climate Action and Low-Carbon Development Bill.

In anticipation of the planned legislation, work is already underway on developing a low-carbon plan - the National Low-Carbon Roadmap to 2050 - the primary objective of which will be to track implementation of measures and identify additional measures to reduce greenhouse gas emissions and progress the overall national low-carbon transition agenda. As I am satisfied that Ireland is on course to comply with the annual mitigation targets in the first half of the 2013 to 2020 compliance period, the immediate focus of the national low-carbon road - mapping process will be the compliance challenge in the years 2017 to 2020.

Water Charges Administration

Questions (506)

Timmy Dooley

Question:

506. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government when a person (details supplied) in County Clare who has twice requested an application form through the e-mail service and who received an acknowledgement on 16 October 2014 confirming that the application form was issued will receive said form for Irish Water; and if he will make a statement on the matter. [43091/14]

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Written answers

With charges effective from 1 October 2014 Irish Water is in the process of compiling the relevant data to ensure that customers can be billed accurately based on the tariff structure approved by the CER. Irish Water has sent application packs to approximately 2 million households, which refer to the effective charging date and the fact that billing for domestic customers in receipt of public water services will start in January 2015. The application process will enable customers to confirm their details for billing and, by providing the relevant PPS numbers, claim the allowances that they are eligible for.

The issuing of the application packs is an operational matter for Irish Water and neither I nor my Department have any information on whether an application issued to the individual referred to in the Question. However, Irish Water has established a dedicated team to deal with representations and queries from public representatives and has contacted 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 578 578.

Rural Development Programme Funding

Questions (507)

Michael McCarthy

Question:

507. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government the grants available to a community organisation (details supplied) in County Cork; and if he will make a statement on the matter. [43100/14]

View answer

Written answers

The Rural Development Programme 2007-2013 has provided significant financial resources to rural communities all over Ireland. Along with the direct support for economic activity in rural areas, the Programme has increasingly provided support for community activity which ensures the maintenance of vibrant communities that are a critical component of a healthy rural economy.

Funding under the LEADER elements of the 2007-2013 Programme is now fully committed. However, I expect that the LEADER element of the 2014-2020 Rural Development Programme will commence during 2015 and there will be potential to fund community projects where they are identified as a priority in the Local Development Strategy for the area.

My Department supports the Community and Voluntary Sector in its contribution to an active, democratic and pluralist society. There is a particular focus on supporting communities that are vulnerable, disadvantaged or under threat through a suite of schemes. A community organisation may qualify for inclusion under one or more of these schemes, should it meet the terms and conditions of a particular scheme managed by my Department.

Pobal, a not-for-profit organisation, manages a significant proportion of this funding on behalf of my Department under both the Local and Community Development Programme (LCDP) and Dormant Accounts Measures.

In addition, my Department also provides funding directly to a number of other organisations under the LCDP. The LCDP is one of my Department’s main social inclusion programmes, aimed at tackling poverty and social exclusion in disadvantaged communities. It is a key tool of Government in providing employment supports, training, personal development/capacity building and other supports for the harder to reach in the most disadvantaged areas in society. There are 50 Local Development Companies (LDCs) contracted through Pobal on my Department’s behalf to deliver the LCDP, with 35 of those also delivering the LEADER elements of the Rural Development Programme 2007-2013 (RDP) throughout the country. The current LCDP officially ended at the end of 2013 having operated for four years with funding of €281m over that period. It is being implemented on a transitional basis for 2014 with a budget of €47m pending the roll out of the new Social Inclusion and Community Activation Programme (SICAP) in April 2015.

The SICAP is one of my key priorities. The Programme’s target groups are:

- Children and Families from Disadvantaged Areas;

- Lone Parents;

- New Communities (including Refugees/Asylum Seekers);

- People living in Disadvantaged Communities;

- People with Disabilities;

- Roma;

- The Unemployed (including those not on the Live Register);

- Travellers;

- Young Unemployed People from Disadvantaged areas.

In accordance with the Public Spending Code, legal advice, good practice internationally and in order to ensure the optimum delivery of services to clients, the Programme is subject to a public procurement process, which is currently underway.  Stage one (Expression of Interest) has been completed. Stage two (Invitation to Tender), got underway on 20 October and involves the successful applicants from Stage one being invited to apply to one or more Local Community Development Committees, in Local Authority areas, to deliver the programme. Contracts for SICAP will be determined following the outcome of the procurement process.

The procurement process for SICAP is open to Local Development Companies, other not-for-profit community groups, commercial firms and national organisations that can provide the services to be tendered for to deliver the new Programme.

In addition, the Seniors Alert Scheme is a community-based initiative that promotes independent living for older people in their own homes. The Scheme is administered by more than 900 local community and voluntary groups, full details of which are available at http://www.environ.ie/en/Community/SeniorsAlert.

Local Authority Charges Yield

Questions (508, 509)

Brian Stanley

Question:

508. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the amount received through commercial water rates in 2013. [43101/14]

View answer

Brian Stanley

Question:

509. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the percentage of billed commercial water rates collected in 2013. [43102/14]

View answer

Written answers

I propose to take Questions Nos. 508 and 509 together.

Audited local authority financial data for 2013 is not yet available. Data relating to the water charges collected by the local authorities in 2012 was published in the Local Government Audit Service Activity Report 201 4 . This report is available on my Department’s website at the following link: http://www.environ.ie/en/Publications/LocalGovernment/AuditService/FileDownLoad,36881,en.pdf.

Question No. 510 answered with Question No. 488.

Water Charges Administration

Questions (511, 512)

Anthony Lawlor

Question:

511. Deputy Anthony Lawlor asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that perspective tenants, particularly students, are being forced by landlords to pay money upfront in respect of Irish Water bills for water not yet used; if he will, in order to protect tenants, direct Irish Water to make a clear public statement on this issue indicating that landlords are not entitled to collect money on the company's behalf and that tenants should not be asked for same; and if he will make a statement on the matter. [43127/14]

View answer

Brian Stanley

Question:

512. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the position regarding the billing of tenants, including students, for water charges and the fact that some landlords have raised rents and informed tenants that the reason they are doing so is because of water charges. [43130/14]

View answer

Written answers

I propose to take Questions Nos. 511 and 512 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 Act defines a customer as the occupier of the premises in receipt of water services. As such, third level students who have moved away from home to an alternative primary residence will be liable for water charges. Management companies of student accommodation are already categorised as non-domestic customers for water services. Local authorities, acting as agents of Irish Water, continue to bill non-domestic customers and therefore continue to bill such companies who recover this cost via the fees charged for the accommodation. Students who are tenants in private rented accommodation will be liable for water charges, similar to other utility supplies, but will also be eligible to claim the household allowance being provided by Irish Water.

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 students, 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 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 Staff

Questions (513)

Tom Barry

Question:

513. Deputy Tom Barry asked the Minister for the Environment, Community and Local Government the starting rates of pay at Irish Water; and the rates of pay for the various grades. [43131/14]

View answer

Written answers

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels.

The employment terms and conditions for Irish Water staff are a matter for the company and I understand that the particular pay model is something which was inherited from the parent company Ervia and therefore was not directly put in place by Irish Water. Like other commercial semi-state bodies, pay models are negotiated between management and unions and are then subject to a ballot as necessary. This occurred in Ervia’s case and the pay model was implemented in 2011.

The Government will shortly consider proposals to establish a unified board arrangement for Ervia and Irish Water. One of the first actions that I will be asking the new Board to take will be to review the application and operation of the pay model outlined above in Irish Water, particularly in its start-up phase.

Under the pay model, salaries below that of the Managing Director are calculated by reference to the relevant median market rate. An amount is then deducted which is referred to as the “performance related award which is an element of pay at risk. The remaining amount is the base salary. Individuals are placed at the appropriate point in the base pay range based on their level of competence and expertise. There are no incremental pay scales. The following table has been provided by Irish Water which sets out the starting base pay ranges for the various grades.

GRADE

MINIMUM - €

MAXIMUM - €

MD

200,000

200,000

B1

98,800

148,200

B2

87,052

130,578

C

65,004

97,506

D

49,960

74,940

E

42,600

63,900

F

31,800

47,700

G

23,800

35,700

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