Written Answers Nos. 141 - 160
141. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if the moneys formerly paid in respect of the since-abolished borough and town councils from the local government fund and through other State grants were factored into the calculations for the awarding of moneys from the equalisation portion of the local property tax for 2015; and if he will make a statement on the matter. [44696/14]
View answerI assume that the Question refers to general purpose grants from the Local Government Fund. General purpose grants are a contribution, from my Department, towards meeting the cost to local authorities of providing a reasonable level of services to their customers. 2015 will see the ending of the General Purpose Grant payments and the introduction of Local Property Tax (LPT) being paid to local authorities through the Local Government Fund.
The amount to be paid to local authorities from the Local Government Fund for general purpose grants in 2014 recognises the removal of water related costs from local authorities to Irish Water. The general purpose grant allocations to County Councils in 2014 are “county at large” allocations in respect of the County Council and any former Borough or Town Councils within the county.
Given that local authorities vary significantly from one another in terms of size, population, public service demands, infrastructure and income sources, the Government has decided that no local authority will receive less income from LPT in 2015 than they received from the Local Government Fund in 2014. Certain local authorities, with stronger property bases, will receive greater levels of funding from local retention of LPT in 2015 than they received from the Local Government Fund in 2014.
My Department has advised local authorities of their provisional Local Property Tax allocations from the Local Government Fund for 2015. 80% of LPT will be retained locally to fund vital public services in 2015. The remaining 20% will be re-distributed to provide top-up funding to certain local authorities that have lower property tax bases due to the variance in property values across the State.
Local authorities also had the power to vary LPT rates by up to 15% for 2015 before 30 September 2014; a decision to reduce rates will result in a reduction in LPT allocation to that local authority for 2015 to the value of the tax income foregone.
142. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government if he will ensure that the important work carried out by the Barrow Drainage Board in ensuring drainage for the River Barrow and surrounding areas will not be compromised in the absence of the Barrow Drainage Board, taking into account the important work this board and its staff have carried out for many years; and if he will make a statement on the matter. [44697/14]
View answerI refer to the reply to Questions Nos. 184, 192 and 193 of 5 November 2014 which sets out the position in this matter.
143. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the progress that is being made in the area of ensuring agreement for a grandfather clause for architects who have worked in the building regulation area for years to ensure their years of experience are not lost to the sector; and if he will make a statement on the matter. [44701/14]
View answerI refer to the reply given to Questions Nos. 222 and 232 of 6 November 2014 which sets out the current position in relation to this matter.
144. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the number of local authorities that operate a transfer list for social housing. [44702/14]
View answer145. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the steps that have been taken to develop transfer lists in all local authorities prior to the roll out of the housing assistance payment scheme in 2015; and if he will make a statement on the matter. [44703/14]
View answer146. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the regulations he has published detailing the format of placing households moved from rent supplement to the housing assistance payment from the local authority waiting list onto the local authority transfer list; the way priority is maintained; and if he will make a statement on the matter. [44704/14]
View answerI propose to take Questions Nos. 144 to 146, inclusive, together.
Under Section 22 of the Housing (Miscellaneous Provisions) Act 2009 all housing authorities are required to make an allocation scheme determining the order of priority to be accorded in the allocation of dwellings to households qualified for social housing support and to households in receipt of such support who have been approved for a transfer to another dwelling provided by a local authority or approved housing body.
Following the enactment of the Housing (Miscellaneous Provisions) Act 2014 in July, I have made regulations to provide for the implementation of the Housing Assistance Payment in the local authority areas taking part in the statutory pilot phase of the scheme. The Housing Assistance Payment (Section 50) Regulations 2014 provide for the application of Part 4 of the 2014 Act from 15 September 2014 by Cork County Council, Limerick City and County Council and Waterford City and County Council in respect of all classes of qualified household. The Housing Assistance Payment (Section 50) (No. 2) Regulations 2014 provide for its application in Kilkenny, Louth, Monaghan and South Dublin County Councils in respect of all classes of qualified household from 1 October 2014.
In accordance with Section 4 of the Housing (Miscellaneous Provisions) Act 2009, I have directed the seven housing authorities taking part in the first phase of the statutory pilot for implementation of HAP, to ensure that HAP recipients, during this phase, can be afforded access to other forms of social housing support, via existing transfer lists, if that is their choice.
I have also directed that for those HAP recipients who come directly off the waiting list and into HAP, who apply to go on the transfer list immediately, the transfer list should reflect the specific priority that that household had on the main waiting list within the authority area in which they are resident. That is they should retain the time they spent on the waiting list, once on the transfer list, and therefore be placed on the transfer list with no less favourable terms than if they had remained on the waiting list.
My Department is currently undertaking a review of overall allocations policy which will include the development of a standardised transfer policy. I intend to make Regulations and accompanying guidance in the coming months to implement a new allocations policy which shall, inter alia, provide for recipients of the Housing Assistance Payment who opt to go on a transfer list.
147. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if Irish Water has appointed a data protection officer; the number of staff in its data protection office; and if he will make a statement on the matter. [44707/14]
View answerThe Water Services Act 2013 provided for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group, now known as the Ervia group. Since the inception of Irish Water, robust information security and data protection policies have been in place through the adoption of the Ervia Group information security & data protection policies. This process has, and will continue to be, managed by the Ervia Group Information Security and Data Protection Manager, pending the making of an appointment specifically for Irish Water.
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.
148. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form, the number of staff in his data protection office; if he has a specified data protection officer; and if he will make a statement on the matter. [44726/14]
View answerUnder the Data Protection Acts 1988 and 2003, certain types of data controllers and data processors who have a legal presence or make use of equipment in the State are required to register with the Office of the Data Protection Commissioner (ODPC) if they hold personal data in an automated form.
My Department is registered with the ODPC for all of its personal data sets and activities and has one designated data protection officer, located within the Strategic and Business Support Unit which, inter alia leads on data protection matters for the Department.
149. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if it has been drawn to his attention that it is a reserved function of the elected members to adopt a council budget; and if he will make a statement on the matter. [44747/14]
View answerThe Local Government Act 2001, as amended by the Local Government Reform Act 2014, provides the legislative basis for the local authority budget process. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority.
Local authorities are required to adopt budgets which are sufficient to meet the expenditure arising in the year in accordance with the terms of section 10A of the City and County Management Act 1955, as inserted in that Act by section 113 of the Local Government Act 2001.
150. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he received a request from the cathaoirleach and members of Sligo County Council to meet with the elected representatives to discuss the council's serious financial situation; the purpose of his visit to the offices of Sligo County Council on 13 November; if he met with the cathaoirleach or other elected councillors when he visited the council offices; the person he met when he visited the council offices; the outcome of the meetings; and if he will make a statement on the matter. [44748/14]
View answerI have not received a request from the cathaoirleach and members of Sligo County Council as outlined in the Question. I met with the Chief Executive of Sligo County Council and his senior management team on 13 November 2014 to discuss the Council’s financial situation with them. The continued deterioration of Sligo County Council’s financial position is of serious concern to me, despite the achievement of savings in recent years. Sligo County Council has incurred revenue deficits for the last 6 years, has an accumulated deficit of over €19m and also has long term debt of over €120m.
I acknowledged at the meeting the steps that had already been taken by Sligo Borough and County Councils and noted that it is a matter for each local authority, including Sligo County Council, to determine its own spending priorities in the context of the annual budgetary process having regard to Government policy and both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority. While it is a matter for individual local authorities, including Sligo County Council, to manage their own day-to-day finances in a prudent and sustainable manner, my Department is in regular consultation with the Council in relation to its financial position as to continue the trend of recent years in simply untenable.
I also pointed out that the next steps to move to a sustainable financial position need to be taken by Sligo County Council, and need to be reflected both in its budget for 2015 and through the agreement of a long term financial plan with my Department.
The following revision was received on 2 December 2014
The first sentence of the reply above should be replaced by the following:
I did receive a request from the Cathaoirleach and members of Sligo County Council as outlined in the Question.
151. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government if he will provide an update on progress being made and an expected publication timeframe for planning guidelines regarding development of wind energy infrastructure in view of the ongoing developments and plans by wind energy providers in local communities; and if he will make a statement on the matter. [44749/14]
View answerMy Department commenced a public consultation in December 2013 on proposed “draft” revisions to the existing 2006 Wind Energy Development Guidelines focussing specifically on the issues of noise, setbacks and shadow flicker. These draft revisions proposed:
- the setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments,
- a mandatory minimum setback distance 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.
The proposed draft revisions to the Wind Energy Development Guidelines 2006, when finalised, will be issued by me 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.
It is intended that the revisions to the Wind Energy Development Guidelines will be finalised as soon as possible. Account has to be taken of the extensive response to the public consultation in framing the final guidelines. My Department received submissions from 7,500 organisations and members of the public during the public consultation period. 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.
152. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if any development contributions in respect of water services or wastewater services have been attached to planning permissions by any planning authority in the State since 1 January 2014; if any moneys have been taken in respect of these permissions; if any moneys have been returned; if he is satisfied that planning authorities have fully abided by circular PL 21/2013; and if he will make a statement on the matter. [44752/14]
View answerFurther to the establishment of Irish Water with effect from 1 January 2014, planning authorities were requested in Circular PS 21/2013 of 30 December 2013 to operate revised procedures in relation to the application of development contribution levies. In respect of planning permissions granted prior to 1 January 2014, planning authorities were advised that the full development contribution charge (where such was attached as a condition of the planning permission), including, where relevant, the portion in respect of water services infrastructure, must be paid to the planning authority in accordance with the terms of the permission.
In respect of planning permissions granted after 1 January 2014, planning authorities were advised that when granting planning permission, they should no longer include a portion in respect of water services infrastructure in any development contribution applied and that such charges would instead be levied by Irish Water. Planning authorities were further advised that new development schemes made after that date should not contain charges in respect of water services infrastructure. I am not aware of any non-compliance by planning authorities with the terms of Circular PS 21/ 2013.
153. Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources the status of the intergovernmental discussions on the development of wind energy for export; if all work on this project has now ceased; and if he will make a statement on the matter. [44710/14]
View answerFollowing the signing of a Memorandum of Understanding on Energy Cooperation with the UK Government in January 2013, a joint programme of work was undertaken to consider how Irish renewable energy resources, onshore and offshore, might be developed to the mutual benefit of both Ireland and the UK.
Economic analysis conducted on the Irish side clearly indicated that, under agreed policy and regulatory conditions, renewable energy trading could deliver significant economic benefits to Ireland and the UK, as well as being attractive to developers. However, given the economic, policy and regulatory complexities involved, and some key decisions that the UK side were not in a position to finalise, delivery by 2020 of renewable energy trading is not now a realistic proposition.
In the context of a European Internal Energy Market, it would appear that greater trade in energy between Britain and Ireland is inevitable in the post-2020 scenario.
154. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources when broadband services will be updated in the area of Donadea/Rathcoffey, County Kildare, to facilitate the requirements of a person (details supplied) County Kildare; and if he will make a statement on the matter. [44563/14]
View answerThe National Broadband Plan (NBP) aims to ensure that every citizen and business, regardless of location, has access to a high quality, high speed broadband service. This will be achieved through a combination of commercial investments and a State-led intervention in areas where commercial services will not be provided.
The commercial telecommunications sector is currently investing approximately €2.5bn in network upgrades and approximately 1.6m of the 2.3m premises in Ireland are expected to have access to commercial high speed broadband services over the next number of years. I understand that the area of Donadea will be covered as part of the commercial operator roll-out.In the last month alone, two companies have announced projects to deliver direct fibre connectivity to approximately 500,000 homes and businesses in every county in Ireland. One of these companies has already commenced an extensive rollout of fibre-based services which will be completed by July 2016. These very significant investments represent a step-change in the quality of broadband services available. Under EU State Aid Guidelines Member States cannot intervene in areas where commercial investors have plans to roll out services.
My Department is currently finalising a national map which will identify those areas that require a State intervention. I expect to publish the map for public consultation next week. Those accessing this map will be able to identify their own house or premises and see whether it is in the proposed intervention footprint. Where a house or premises is not in the proposed intervention area it means it either currently, or will in the near future, have access to commercial high speed broadband services. The map will be subject to change as new information becomes available or commercial investments are announced in the future.
A further public consultation on a detailed intervention strategy will be launched in mid-2015. As part of the necessary analysis for that important strategy document, I will consider the issues around prioritising particular areas that would be deemed broadband blackspots.
My Department is also working closely with the European Commission with a view to obtaining State Aid clearance for the programme.
A detailed procurement process will be undertaken in order to select a potential preferred bidder(s) towards the end of 2015.
This complex and ambitious project is a key priority for Government. It aims to conclusively address current connectivity challenges in Ireland.
155. Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 248 of 6 November 2014 in view of the fact that a decision has yet to be made on the future role of microgeneration in the energy mix, his views that the cessation of the current scheme is disruptive to those working in this fledgling industry; if is he prepared to either ask Electric Ireland to continue the scheme until a review is completed; ask the regulator to oblige other suppliers to introduce the same scheme so that the market may continue uninterrupted until such time as the review has been completed; and if he will make a statement on the matter. [44641/14]
View answerWhile this is not a matter in which I, as Minister, have any statutory function, I am aware that Electric Ireland had been offering a micro-generation feed-in tariff since February 2009. No other electricity supplier had chosen to provide such a tariff, to either domestic or commercial customers, though they have been invited to do so by the Commission for Energy Regulation (CER). I am not aware of the reasons for the decision to discontinue the scheme which would have been a commercial matter for Electric Ireland.
Responsibility for the regulation of the electricity and gas markets is a matter for the CER, which is an independent statutory body.
While Section 10A of the Electricity Regulation Act 1999, as amended, provides that the Minister for Communications, Energy and Natural Resources may give “general policy directions ” from time to time, the Minister is expressly precluded from giving any policy direction in respect of any individual undertaking or person.
I am aware of the need to give further policy consideration to the place of microgeneration in our energy mix. Analysis of the potential of micro-generation technologies such as small scale wind, solar and small scale hydro, has been carried out for my Department by the Sustainable Energy Authority of Ireland. The SEAI's findings, along with responses to the recent consultation on the Green Paper on Energy Policy in Ireland, will inform future policy on the provision of any market support for micro-generation.
156. Deputy Seán Kyne asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 559 of 11 November 2014, if Inland Fisheries Ireland has a protocol in place to get written consent from a landowner before entering lands to carry out works; if land registry maps are consulted in order to establish proof of ownership; and his views that it is acceptable that lands be entered onto without the establishment of ownership and without written consent. [44642/14]
View answerI refer the Deputy to the replies to Parliamentary Questions 559 of 11 November 2014 and 246 of 6 November 2014 which set out the legislative position in relation to this matter.
If the Deputy has a particular case or circumstance in mind, I would be happy to arrange a detailed briefing with the appropriate senior personnel in Inland Fisheries Ireland to discuss his concerns.
157. Deputy Pearse Doherty asked the Minister for Communications, Energy and Natural Resources his plans to address the issue of the serious lack of adequate broadband services on Arranmore Island off the coast of County Donegal; if his attention has been drawn to the negative impact that this is having on the island’s economic development; and if he will make a statement on the matter. [44671/14]
View answerThe National Broadband Plan (NBP) aims to ensure that every citizen and business, regardless of location, has access to a high quality, high speed broadband service. This will be achieved through a combination of commercial investments and a State-led intervention in areas where commercial services will not be provided.
The commercial telecommunications sector is currently investing approximately €2.5bn in network upgrades and approximately 1.6m of the 2.3m premises in Ireland are expected to have access to commercial high speed broadband services over the next number of years. In the last month alone, two companies have announced projects to deliver direct fibre connectivity to approximately 500,000 homes and businesses in every county in Ireland. One of these companies has already commenced an extensive rollout of fibre-based services which will be completed by July 2016. These very significant investments represent a step-change in the quality of broadband services available.
Under EU State Aid Guidelines Member States cannot intervene in areas where commercial investors have plans to roll out services.
My Department is currently finalising a national map which will identify those areas that require a State intervention. I expect to publish the map for public consultation next week. Those accessing this map will be able to identify their own house or premises and see whether it is in the proposed intervention footprint. Where a house or premises is not in the proposed intervention area it means it either currently, or will in the near future, have access to commercial high speed broadband services. The map will be subject to change as new information becomes available or commercial investments are announced in the future.
A further public consultation on a detailed intervention strategy will be launched in mid-2015. As part of the necessary analysis for that important strategy document, I will consider the issues around prioritising particular areas that would be deemed broadband blackspots.
My Department is also working closely with the European Commission with a view to obtaining State Aid clearance for the programme.
A detailed procurement process will be undertaken in order to select a potential preferred bidder(s) towards the end of 2015.
This complex and ambitious project is a key priority for Government. It aims to conclusively address current connectivity challenges in Ireland.
158. Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources if he will provide an update on the work to date of the expert panel reviewing the Grid Link project; if it has appointed any external advisers; when he expects its work to be completed; and if he will make a statement on the matter. [44677/14]
View answer159. Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources his views on an extension of the terms of reference of the independent expert panel reviewing the Grid Link and Grid West projects to incorporate a review of the overall need for Grid25; and if he will make a statement on the matter. [44681/14]
View answerI propose to take Questions Nos. 158 and 159 together.
In January 2014, an independent panel of experts, chaired by Mrs Justice Catherine McGuinness, was established to examine the Grid West and Grid Link projects. The Panel met on several occasions since then to consider and approve the terms of reference for comprehensive, route specific studies and reports of fully undergrounded and overhead options for each of the Grid West and Grid Link projects. The studies and reports are required to include assessments of potential environmental impacts, technical efficacy and cost factors. The terms of reference for the works to be carried out were published in May and are available on my Department’s website.
EirGrid will either undertake or commission the necessary work in accordance with those terms of reference set by the Panel. In due course, the Panel will provide an opinion to me on the completeness, objectivity and comparability of the studies and reports and will oversee the publication by EirGrid of the two studies and reports prior to EirGrid proceeding to public consultation on the two projects. The Panel expects to be in a position to provide an opinion to me on the Grid West project in Q1 2015. An opinion on the Grid Link project is expected in Q3 2015.
In relation to the Grid25 Strategy, the overall strategy was forecast to cost up to €4 billion at its launch in 2007. EirGrid reviews all projects and strategies at regular intervals to take into account relevant developments including economic conditions and electricity demand forecasts. In 2010, a review of Grid25 resulted in EirGrid reducing the estimated cost of the programme to €3.2 billion. EirGrid is currently undertaking a further review which it expects to complete in Q1 2015.
160. Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources the relationship between Grid25 and any possible future interconnection with Europe; his views on if additional independent reviews of this policy are required; and if he will make a statement on the matter. [44685/14]
View answerThe Grid25 Strategy focusses on major transmission system investment in order to meet Ireland’s long term energy needs and aligns with the Government’s target of having 40% of electricity generated from renewable resources by 2020.
EirGrid has a statutory obligation to explore and develop opportunities for interconnection with other transmission systems. Enhanced security of supply, increased competitiveness, ability to integrate greater quantities of renewable generation resources and development of a significant renewable energy export industry are the potential benefits of further interconnection.
In the context of achieving a fully functioning and connected internal energy market, measures are expected to be taken at EU and member state levels to increase electricity interconnections between EU member states by 2020. These measures will be pursued through the implementation of EU "Projects of Common Interest" (PCIs).
In June 2013, EirGrid and its French counterpart, RTE (Réseau de transport d’électricité) signed a Memorandum of Understanding to commission studies on the feasibility of building a submarine electricity interconnector between Ireland and France. Pre-feasibility studies to investigate a possible interconnector took place between 2011 and 2013. The studies will involve desktop studies and marine survey studies to collect data to inform a decision on the feasibility and possible benefits of such an interconnector. If, on completion of the studies, the project is deemed viable, both partners would then decide on progression to the planning and development stages. The project is on the current list of PCIs adopted by the European Commission.
