Written Answers Nos. 527-542
527. Deputy John Halligan asked the Minister for the Environment, Community and Local Government to detail the number of information packs that have been returned to Irish Water marked "no consent-no contract"; and if he will make a statement on the matter. [46023/14]
View answerIrish Water is in the process of compiling the relevant data to ensure that customers can be billed accurately and has sent validation packs to approximately 2 million households. To implement the changed charging regime, and to provide those households who have yet to register with an opportunity to respond to the Irish Water customer registration campaign, so that they may avail of the new benefits and to receive accurate bills, it will be important to register by 2 February 2015. My Department does not have any information on the number of application packs that have been returned marked no consent-no contract.
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.
528. Deputy John Halligan asked the Minister for the Environment, Community and Local Government to set out his views on whether the recent data protection breach in Irish Water is unacceptable; his further views on whether this should be the final nail in the coffin of Irish Water; the right the company had to request a person's individual PPS number in view of the fact that no other utility provider here operates using a PPS number system; the authority under which the personal information pertaining to individual homeowners was made available to Irish Water; his views on whether the movement in the country against the implementation of water charges is growing to such a level that can no longer be ignored by the Government; and if he will make a statement on the matter. [46024/14]
View answer529. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government to set out the position regarding the amount of water charges that will be levied in respect of a second property a person may own and which is unoccupied; his views on whether these charges are fair in view of the new charges that apply to principal private dwellings; and if he will make a statement on the matter. [46031/14]
View answerI propose to take Questions Nos. 528 and 529 together.
The Government has embarked on a programme of ambitious reform of the water sector, as the traditional water services system was in need of fundamental change. Our public water infrastructure is deficient and inadequate as a consequence of decades of under-investment and the lack of a truly, national approach that could maximise the impact of investment.
An Independent Assessment published in 2012 reviewed the strengths and weaknesses of the delivery of water services through 34 local authorities, and concluded that there was a fragmentation of leadership and co-ordination, difficulty in attaining economies of scale, difficulty in delivering projects of national importance and an aging and poor quality network. The report concluded that the best way of ensuring increasing efficiency and effectiveness of operations and capital investment and accessing new finances for the water sector, was to establish Irish Water as a public utility. This was implemented through the Water Services Act 2013, which provided for the establishment of Irish Water, and the Water Services (No. 2) Act 2013, which provided for the transfer of responsibility for water services provision from the local authorities to Irish Water. The transfer of responsibility took effect on 1 January 2014.
In advance of the introduction of water charges, Irish Water sent application packs to approximately 2 million households. The objective of the application process was to enable customers to confirm their details for billing and relevant PPS numbers were requested in order for customers to claim the allowances that they were eligible for.
On 19 November 2014, the Government decided on the introduction of a number of measures in relation to a revised approach to water charges. This was done to provide clarity and certainty and ensure that water charges are affordable for customers. As the new arrangements are based on self-declaration and appropriate audit, PPS numbers will no longer be required by Irish Water. In compliance with the requirements of the Data Protection Acts, Irish Water will delete PPS data already collected during the customer registration process to protect customers’ data. Irish Water has developed a protocol in consultation with the Office of the Data Protection Commissioner to address this data deletion exercise.
A minimum charge of €125 per year will apply for dwellings that are not permanently occupied which are using both water supply and waste water services. The minimum charge for dwellings connected to a single service will be €62.50 per year. This applies to metered and unmetered dwellings. Such dwellings with meters installed will pay €3.70 per 1,000 litres for usage above the equivalent usage for the minimum charge. A cap of €260 per annum for such dwellings will apply.
530. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government to set out the position regarding the liability for water charges in a landlord-tenant scenario; the implications in the event that the tenant does not pay the water charges; if the landlord has a right to establish whether or the tenant has paid the water charges; and if he will make a statement on the matter. [46032/14]
View answer548. Deputy Helen McEntee asked the Minister for the Environment, Community and Local Government to set out the position in the event of a landlord having to deduct water charges from a tenant’s deposit if a tenant refuses to or cannot pay the water charge along with deducting money due to damage of the property, and if both deductions exceed the total deposit initially provided the way the landlord will recoup all that is owed. [46234/14]
View answerI propose to take Questions Nos. 530 and 548 together.
I refer to my reply to Question No. 108 on today’s Order Paper which sets out the position on the matter.
531. Deputy Michael Moynihan asked the Minister for the Environment, Community and Local Government to outline his proposed changes to the seniors alert scheme; and if he will make a statement on the matter. [46047/14]
View answer532. Deputy Michael Moynihan asked the Minister for the Environment, Community and Local Government to outline the discussions he has had with Pobal and the companies current supplying the seniors alert scheme with regard to proposed changes to the system; and if he will make a statement on the matter. [46048/14]
View answer533. Deputy Michael Moynihan asked the Minister for the Environment, Community and Local Government if he has conducted a cost benefit analysis of the proposed changes to the seniors alert scheme; and if he will make a statement on the matter. [46049/14]
View answerI propose to take Questions Nos. 531 to 533, inclusive, together.
My Department manages the Seniors Alert Scheme which encourages community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, of limited means, to continue to live securely in their homes with confidence, independence and peace of mind. The scheme is administered by local community and voluntary groups with the support of my Department.
The maximum grant per beneficiary for equipment is as follows:
- Monitored personal alarms (with pendant) - €250
- Additional pendant/Re-installation - €50
The annual monitoring costs (generally between €60-€80 per annum) are borne by the beneficiary.
As Minister for the Environment, Community and Local Government, I am responsible for setting the terms and conditions of the Seniors Alert Scheme, which are designed to guide its operation, to ensure optimum outcomes and to ensure that public funds are properly applied. My Department undertook to consider new approaches to the Seniors Alert Scheme in 2014 and from this it was recommended that the scheme be managed by Pobal with effect from 1 January 2015, given that organisation’s significant experience delivering programmes on behalf of Government.
Pobal will provide management and administrative services for the Seniors Alert Scheme. This will include a national tender for the supply and installation of personal monitored alarms, which was publicly advertised on eTenders on 20 October 2014. A panel of regional suppliers will be contracted to provide the equipment within specific regional areas.
Monitoring has always been the responsibility of the beneficiary and this is not changing. There are no implications for existing installations in respect of the Pobal tender competition; however, under the new arrangements, Pobal are also providing a facility for beneficiaries to choose from a panel of monitoring companies or to continue with their current monitoring company. In this regard Pobal will also set up a panel of pre-qualified telecare service providers, who provide monitoring services, and this was publicly advertised on eTenders on 6 November 2014. This new approach will reduce the administrative burden for the many hundreds of community and voluntary groups registered under the Scheme and it will enable the groups to concentrate on the main purpose of the Scheme, namely to interact with the elderly in the local community.
534. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government to set out his plans for the implementation of a full producer responsibility initiative to regulate waste arising from the tyre industry; the timeframe for that initiative; and if he will make a statement on the matter. [46050/14]
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 a quarter and a half 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 in the near future 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. Following these developments, my Department will aim to have the new model for waste compliance in the tyre sector operational by mid-2015.
535. Deputy John McGuinness asked the Minister for the Environment, Community and Local Government to indicate the name of the manufacturer of the water meters that are currently being rolled out across the country; if he will indicate the location where the meters were produced; and if he will make a statement on the matter. [46074/14]
View answerSince 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels including responsibility for the delivery of the domestic metering programme. I understand that there are two companies manufacturing the meters used on the metering programme – Itron and Diehl. These companies were selected as part of an open procurement process by Irish Water for the supply of water meters. The meters are manufactured in France and Germany.
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.
536. Deputy John McGuinness asked the Minister for the Environment, Community and Local Government to outline the reason firms with a turnover of less than €25 million were excluded from tendering for the installation of water meters; the number of firms that tendered for the installation of water meters; the number of firms that were disqualified from this tendering process; and if he will make a statement on the matter. [46089/14]
View answerThe Water Services Act 2013 provided for the establishment of Irish Water as an independent subsidiary within the Bórd Gáis Éireann Group (now Ervia) and assigns the necessary powers to allow Irish Water to undertake the water metering programme, which commenced in August 2013 and will be completed by mid-2016. Irish Water has informed my Department that its tendering process is fully compliant with public procurement rules. Given the value of the contract for the domestic metering programme, this tender was advertised at EU level, in accordance with EU procurement rules. While I have a role in consenting to capital commitments, neither I nor my Department were involved in the award of contracts. However, I understand that four regional main contractors covering eight meter regions were appointed by Irish Water on foot of the procurement process.
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.
537. Deputy Brian Walsh asked the Minister for the Environment, Community and Local Government to set out the number of requests received between 30 May 2013 and 25 November 2014 from Galway City Council and Galway County Council seeking sanction to fill positions at the local authorities; the outcome of each of these requests; the nature of each of the positions; the term of the contract in each case where the filling of the position was sanctioned. [46093/14]
View answerThe moratorium on recruitment and promotion in the public service was introduced in March 2009 in response to the financial crisis. My Department operates a delegated sanction from the Department of Public Expenditure and Reform for implementation of the moratorium in relation to local authorities, and any exceptions to the moratorium in local authorities require sanction from my Department. Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. In this regard, it is a matter for Chief Executives, in the first instance, to ensure that the moratorium is implemented while appropriate service levels are maintained.
My Department examines all staffing sanction requests on a case by case basis having due regard to the continued delivery of key services in the context of staffing and budgetary constraints. In considering sanction requests public safety, maintaining key front line services, and economic issues are given precedence.
My Department received 36 staff sanction requests from Galway City Council, and 249 staff sanction requests from Galway County Council between 30 May 2013 and 25 November 2014. The information in relation to these staff sanction requests is set out in the following tables.
Summary of staff sanction requests received
|
- |
Galway City Council |
Galway County Council |
|
Approved |
20 |
185 |
|
Pending |
14 |
53 |
|
Refused |
0 |
3 |
|
Withdrawn |
2 |
8 |
|
Total |
36 |
249 |
Summary of staff sanction requests approved
|
- |
|
Galway City Council |
Galway County Council |
|
Approved |
Permanent |
13 |
19 |
|
Contract |
4 |
139 |
|
|
Acting |
3 |
26 |
|
|
Secondment |
0 |
1 |
538. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide a breakdown by local authority of the total €60 million in commercial rates payable by Irish Water which will now be undertaken by his Department; and if he will make a statement on the matter. [46096/14]
View answerThe Government recently announced a new package of measures relating to water charges and financing of Irish Water. As part of the package of measures I announced a changed approach to the treatment of water infrastructure for commercial rates purposes such that Government subvention does not need to be paid to Irish Water to fund this cost, and can instead be redirected to provide equivalent funding directly to local authorities, through the Local Government Fund, in respect of rates income foregone. A breakdown of the amounts paid to local authorities in 2014 is set out in the following table.
|
Local Authority |
€'000 |
|
Carlow County Council |
52 |
|
Cavan County Council |
24 |
|
Clare County Council |
219 |
|
Cork City Council |
850 |
|
Cork County Council |
1,535 |
|
Donegal County Council |
415 |
|
Dublin City Council |
13,820 |
|
Dún Laoghaire/Rathdown |
3,420 |
|
Fingal County Council |
6,573 |
|
Galway City Council |
30 |
|
Galway County Council |
50 |
|
Kerry County Council |
589 |
|
Kildare County Council |
2,210 |
|
Kilkenny County Council |
169 |
|
Laois County Council |
142 |
|
Leitrim County Council |
nil |
|
Limerick County Council |
762 |
|
Longford County Council |
95 |
|
Louth County Council |
581 |
|
Mayo County Council |
198 |
|
Meath County Council |
261 |
|
Monaghan County Council |
96 |
|
Offaly County Council |
15 |
|
Roscommon County Council |
nil |
|
Sligo County Council |
136 |
|
South Dublin County Council |
8,518 |
|
Tipperary County Council |
760 |
|
Waterford County Council |
4,485 |
|
Westmeath County Council |
69 |
|
Wexford County Council |
130 |
|
Wicklow County Council |
2,521 |
|
Total |
48,725 |
Irish Water, in calculating the estimated requirements of €59 million for 2015 included in their submission to the Commission for Energy Regulation, allowed for possible revaluations of water services infrastructure by local authorities. My Department will engage with local authorities to agree the payments to the authorities concerned from the Local Government Fund, following the conclusion of the local authority budgetary process for 2015.
539. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if the Building Control (Amendment) Regulations 2014, SI 9, will be revoked; and if he will make a statement on the matter. [46099/14]
View answerI have no plans to revoke the Building Control (Amendment) Regulations 2014. Over 4,700 new construction projects have been notified to Building Control Authorities across the local government sector since these regulations came into operation on 1 March 2014. Evidence to date suggests that the Construction industry is responding well to the new regulatory framework. Oversight of activity by industry and by local building control authorities has improved immeasurably and authorities have ready access to detailed data on projects via the online Building Control Management System. The online system streamlines building control administration and enables authorities to identify risks and track progress. A Framework for Building Control Authorities was adopted by the City and County Management Association on 17 July 2014 – these common protocols add clarity, efficiency and consistency to building control activities across the local government sector.
I am satisfied that this key reform of the regulatory framework represents a reasonable and appropriate response to the many building failures that occurred in the past decade and will lead to improved quality within the construction sector. My Department will continue to work closely with local authorities, industry stakeholders and members of the public generally to ensure that all concerned understand their obligations under the regulations and how they can comply with these in practice. A review of the first year of operation of the regulations will be undertaken by my Department in conjunction with local authorities and industry stakeholders. The review will commence early in the New Year and will inform future regulation in this critical area.
540. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government to set out the maximum allowable limit of muscovite in building blocks; and if he will make a statement on the matter. [46139/14]
View answer541. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government to set out the testing procedure in place for the content of building blocks; if he will indicate who conducts and carries responsibility for such testing; and if he will make a statement on the matter. [46140/14]
View answerI propose to take Questions Nos. 540 and 541 together.
Under 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 (DoP) and to affix the CE mark when a product covered by a harmonised European standard, or a European Technical Assessment (ETA), is placed on the market. The DoP serves to deliver the information about the essential characteristics of the product that a manufacturer wants to make available to the market. The manufacturer, by drawing up a DoP, assumes responsibility for the conformity of the construction product with the declared performances.
Harmonised European standards provide the methods and the criteria for assessing the performance of construction products in relation to their essential characteristics. In order to ensure that the DoPs for specific products are accurate and reliable, the performance of the construction products shall be assessed and their production in the factory shall be controlled to ensure that the products will continue to have the same performances. This is achieved by applying a system of Assessment and Verification of Constancy of Performance (AVCP) for each family of construction products.
The harmonised European standard includes the technical data necessary for the implementation of the AVCP system including third party oversight (determined as proportionate to the level of risk involved) which the manufacturer is required to comply with. In addition, the National Standards Authority of Ireland (NSAI) has also produced additional guidance to some harmonised European standards in the form of National Annexes or Standard Recommendations which set out appropriate minimum performance levels for specific intended uses of certain products in Ireland.
The EN 771 series of standards cover the specification for masonry units. I.S. EN 771-3: 2011 Specification for masonry units - Part 3: Aggregate concrete masonry units (Dense and lightweight aggregates) is the relevant harmonised European standard for concrete blocks. This standard specifies the characteristics and performance requirements of aggregate concrete masonry units made from dense and lightweight aggregates for which the main intended uses are common, facing or exposed masonry in load bearing or non-load bearing building and civil engineering applications.
Specific guidance on the minimum acceptable performances for concrete blocks for use in Ireland to supplement the harmonised European standard is included in the NSAI Standard Recommendation, S.R. 325:2013+A1:2014 Recommendations for the use of masonry structures in Ireland to Eurocode 6. S.R. 325 provides guidance on strength, moisture movement, reaction to fire etc. and crucially requires the aggregates for use in dense concrete blocks to comply with I.S. EN 12620. This is important given that the NSAI has also produced a Standard Recommendation entitled S.R. 16 Guidance on the use of I.S. EN 12620:2002 - Aggregates for concrete which includes an example specification in its Annex A covering grading, strength, durability, chemical composition etc. applicable to most general uses of aggregates in concrete in Ireland.
S.R. 325 also provides guidance on the choice of masonry units and mortar classes most appropriate for particular situations as regards durability for finished work. To this end, S.R. 325 recommends that Category 1 masonry units (units with a declared compressive strength with a probability of failure to reach it not exceeding 5%) be used, requiring oversight by a third party known as a notified body for the purposes of performing an initial inspection of the factory and of the factory production control and for undertaking continuous surveillance, assessment and approval of the factory production control.
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 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.
542. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 156 of 25 November 2014 his plans to address the gaps in the new housing assistance payment scheme whereby a person is not entitled to receive a payment until a housing need assessment has been completed (details supplied); the options available to such persons; and if he will make a statement on the matter. [46172/14]
View answerThe implementation of the Housing Assistance Payment (HAP) scheme is a key Government priority and a major pillar of the Social Housing Strategy 2020, which I launched last week. HAP is designed to bring together all the social housing supports provided by the State, with local authorities being responsible for all households with an established housing need, including households in receipt of rent supplement for a lengthy period. Cork County Council is one of 7 housing authorities currently operating HAP on a pilot basis. A household presenting as homeless to a housing authority is not required to undergo a social housing assessment in order to be placed in temporary accommodation which the Council itself arranges or which is operated by a voluntary service provider. However, in order to qualify for HAP, households must be determined by a housing authority to be qualified for social housing support following a social housing assessment. The Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011) provide that applicants for social housing support must complete the prescribed application form and provide to the housing authority any additional information sought by the authority for the purpose of verifying information relating to the application. Under the Regulations, housing authorities are expected to deal with applications within 12 weeks of receiving a completed application form or additional information but, in exceptional circumstances, may take up 14 weeks more to process an application. These periods will be reviewed in the light of experience as part of the overall review of social housing assessment and allocation policies announced in the Social Housing Strategy.
Under the Social Housing Assessment Regulations 2011, a household may qualify for social housing support if it has a mortgage that is deemed to be unsustainable under the Mortgage Arrears Resolution Process and meets the other conditions for support. Qualification under this criterion is not dependent on the making of a possession order and my Department has advised housing authorities that, upon receipt of written confirmation from the lender that a household’s mortgage has been deemed unsustainable, an authority may determine that the household has a housing need, even though a household member may, at that time, continue to be the legal owner of the accommodation concerned.
The Housing (Miscellaneous Provisions) Act 2014 includes an important transitional provision relating to the general principle that housing authorities are not required to provide social housing support for households that own alternative accommodation that could meet their housing need. The new provision relates to households that are qualified for social housing support other than in relation to the issue of whether a household member owns suitable alternative accommodation. An example of this is where a household has left the family home and ownership of that accommodation has not been resolved in a formal separation or divorce settlement. Housing authorities may now support such households under HAP or the Rental Accommodation Scheme until the issue of whether the household owns suitable alternative accommodation is clarified.
