Written Answers Nos 294-304
294. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the number of cases, and the number of persons the cases were against that the Department has brought before the courts. [5438/15]
View answerThe information requested is being compiled by my Department and will be sent to the Deputy as soon as possible.
295. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding water damage; and if he will make a statement on the matter. [5444/15]
View answerUnder the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities who have extensive powers of inspection and investigation under the Acts.
While I appreciate and acknowledge the extremely difficult and distressing situations that householders have to deal with when faced with the consequences of the use of defective materials or poor workmanship, in general, building defects are matters for resolution between the contracting parties involved, i.e. the homeowner, the builder/developer and/or their respective insurers. Where a structural guarantee is in place, there may be obligations on the guarantee provider if the defects fall within scope of the structural guarantee. There may also be a role for the Management Company where structural defects arise in an apartment complex. In the event that the contracting parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered.
296. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to provide a fund to help those home owners whose homes were not built to building standards quality; and if he will make a statement on the matter. [5445/15]
View answerI have no proposals for the introduction of a fund along the lines suggested. The remediation of defects is a matter between the contracting parties, i.e. the homeowner, the builder/developer and/or their respective insurers. Where a structural guarantee is in place, there may be obligations on the guarantee provider if the defects fall within scope of the structural guarantee. In the event that the contracting parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered.
The Building Control Acts 1990 to 2007 set out a clear statutory framework for construction activity based on:
- clear legal standards as set out in the Building Regulations;
- detailed Technical Guidance Documents to outline how these standards can be achieved in practice;
- the burden and responsibility for compliance resting first and foremost with developers/builders;
- a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and
- the responsibility for enforcing compliance with the Building Regulations resting with the 3 1 local building control authorities.
In addition, the Building Control Amendment Regulations 2014 , which came into effect on 1 March 2014, now require greater accountability for demonstrating compliance with the Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. I am satisfied that these measures are appropriate and will ensure a greater emphasis on competence, professionalism and quality in our construction industry into the future thereby ensuring that homeowners and construction clients can rely on getting the high quality homes and buildings they expect and deserve.
The online Building Control Management System (BCMS), which was developed by local authorities , also came into operation on 1 March 2014 in line with the commencement of the new regulations in order to provide a common platform for clear and consistent administration of building control matters across the local authority sector. The system will facilitate a risk analysis of all projects for which commencement notices are received, which will inform each building control authority’s own inspection arrangements thus ensuring that available inspection resources are used to optimum effect.
The enhanced professionalism and accountability arising from the arrangements under the Building Control (Amendment) Regulations 2014 will lead to improved quality and reduce risk within the construction sector. This will, in turn, lead to market conditions more conducive to insurers and a wider availability and use of latent defects insurance. Nevertheless, my Department has also undertaken to explore the potential for latent defects insurance on construction projects as a potential means of consumer redress as part of the wider reform of building control arrangements.
297. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his Department's role and oversight regarding HomeBond and other building guarantee companies; and if he will make a statement on the matter. [5446/15]
View answerHomeBond is a private limited company providing structural guarantees for new houses and, since November 2008, the HomeBond Insurance scheme is underwritten by Allianz Insurance. As is the case for any private company, its operations are a matter for its management and Board of Directors. My Department understands that HomeBond Insurance Services Ltd is regulated by the Central Bank of Ireland. As a private company, my Department has no role or function in its operations. I understand that other private companies are also offering structural insurance cover for new buildings in Ireland; similar to the position with HomeBond, my Department has no role or function in the operations of these companies.
298. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the funding his Department has provided (details supplied); and if he will make a statement on the matter. [5453/15]
View answerDetails of funding provided by my Department in respect of Stardust Memorial Park are set out in the reply to Question No.167 of 11 March, 1993. £100,000 was allocated by my Department to Dublin Corporation (now Dublin City Council) from National Lottery funding in 1992, part financing the initial construction cost of the Park. No details can be found from the available records of any further specific funding for the Park being provided by my Department in the intervening period. Responsibility for the maintenance and upkeep of the Park is a matter for Dublin City Council.
299. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the number of staff from his Department or agency under his remit working out of a Government building at a location (details supplied) in County Laois; and if he will make a statement on the matter. [5589/15]
View answerMy Department and the agencies under my remit have no staff working out of the Government Buildings referred to in the Question.
300. Deputy Robert Troy asked the Minister for Communications, Energy and Natural Resources the plans he intends to put in place to ensure that persons who have been discommoded since his decision to cut the rural broadband scheme will not be left without broadband until his Department has rolled out the national broadband scheme, which by his Department's own admission may not reach parts of the countryside until 2020; and if he will make a statement on the matter. [5338/15]
View answerThe National Broadband Scheme ("NBS") was designed to provide access to basic broadband in parts of rural Ireland where broadband services were deemed to be insufficient. Contrary to the assertion in the Deputy's Question, neither I nor the Government decided to cut or terminate the NBS.
In accordance with the EU State Aid clearance for the Scheme, the NBS contract was for a 68 month period and it expired in August 2014. The expiry of the NBS contract has not resulted in any switch-off of services and there are now commercial options, in terms of access to basic broadband, available to consumers in NBS areas.
The Government is now focused on the provision of high-speed broadband services in rural parts of the country where commercial operators are unlikely to invest due to poor commercial returns. The 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.
The commercial telecommunications sector is currently investing approximately €2.5 billion in network upgrades. Approximately 1.6 million of the 2.3 million premises in Ireland are expected to have access to commercial high speed broadband services over the next two years. These very significant investments represent a step-change in the quality of broadband services available.
On 24 November last, a public consultation on a national high speed coverage map 2016 was launched. This consultation will close on the 12th February next. The map can be accessed at www.broadband.gov.ie. The areas marked BLUE represent those areas that will have access to commercial high speed broadband services by end 2016. The AMBER areas show the target areas for the State intervention.
The map allows all members of the public, be they business or residential, to see whether their premises or home will have access to commercial high speed broadband services by end 2016 or whether they will be included in the Government's proposed intervention. It also provides detailed information on over 50,000 townlands throughout the entire country.
It is anticipated that speeds of at least 30Mbps will be also delivered through the Government's intervention and the network will be designed to cater for future increased demand from consumers and business.
In tandem with the mapping consultation, intensive design and planning work is underway in my Department to produce a detailed intervention strategy. The strategy will address a range of issues in relation to the intervention including the optimum procurement model, ownership model for the infrastructure, intervention cost and likely market impact.
Following the public consultation, towards the end of this year a detailed procurement process will be undertaken in order to select a preferred bidder or bidders. The Department will design a tender in a way that maximises efficiencies and keeps the cost of the network build as low as possible. I anticipate that the first homes and businesses will be connected in 2016 and connections will continue thereafter, with the intention of having all premises connected within a 5 year period.
This complex and ambitious project is a key priority for Government. It aims to conclusively address current connectivity challenges in Ireland.
301. Deputy Sean Fleming asked the Minister for Communications, Energy and Natural Resources the number of staff from his Department or agency under his remit working out of a Government building at a location (details supplied) in County Laois; and if he will make a statement on the matter. [5586/15]
View answerThere are no staff from my Department or any of the agencies under the aegis of my Department working out of the building referred to in the Question.
302. Deputy James Bannon asked the Minister for Transport, Tourism and Sport the timeframe on the completion of the Dundalk to Newry greenway cycle route; and if he will make a statement on the matter. [5215/15]
View answerThe proposed Great Eastern Greenway is an ambitious plan by Louth County Council (LCC) to construct a 44km cycleway stretching from Dundalk, Co Louth to Newry, Co Down. A Steering Group was established in late 2014, comprising representatives of LCC and the Newry and Mourne District Councils, to discuss the delivery of the 7.4km link to Newry City to which the Deputy is referring. I understand discussions were positive.
Phase 1 of the Great Eastern Greenway is a 5.6km off road greenway running from Carlingford to Omeath. This section was completed by LCC in 2014 with funding provided by my Department under the National Cycle Network (NCN) 2012-2013 programme, with additional funding from the Loughs Agency and LCC.
Separately, LCC submitted two applications for funding under the current NCN 2014-2016 funding programme for Phases 2 and 3 of this greenway but was unsuccessful. LCC applied for funding in respect of two short extensions at both ends of the current greenway, which would add, subject to funding, more value to the project and result in a continuous greenway of approx. 16km.
All current funding available to my Department for the delivery of greenways is fully committed to end 2016. However, given the success of greenways already delivered, I feel optimistic that funding may become available from other sources over the coming years. The EU Structural Funds Programme 2014-2020 is currently being finalised and there may be significant opportunities for cycle infrastructure development under Interreg and the Rural Development Programme. I understand that LCC is positioning itself to benefit from any possible opportunities that may arise.
Projects of the scale of the proposed Great Eastern Greenway are important to the development of the NCN given that while they cater for all levels of cyclists they present a real challenge to the more experienced cyclists both from home and abroad so adding to the valuable tourism product which cycling (and walking) routes have become.
I wish to assure you that my Department officials are monitoring the ongoing developments in relation to this project.
303. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport if he will provide specific funding to reintroduce the local improvement scheme in view of the importance of this particular scheme to local communities; and if he will make a statement on the matter. [5272/15]
View answerThe Local Improvement Scheme remains in place and it has not been abolished. The purpose of this Scheme is to provide funding for roads and laneways that Councils have not taken in charge. However, the maintenance and improvement of these is, in the first instance, a matter for the relevant landowner.
At present, local authorities may use up to 15% of their initial Discretionary Grant towards local improvement schemes should they wish to do so. The local contribution for these schemes is 20% of the total cost of the project. Furthermore, it is open to local authorities to supplement the percentage of their Discretionary Grant that they can use for the LIS with their own resources.
Some local authorities want a ring-fenced LIS allocation for private roads while others prefer to put the funding into public roads. I think this decision is best made at a local level.
304. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport his views on correspondence (details supplied) regarding parking; and if he will make a statement on the matter. [5443/15]
View answerUnder regulation 36 of the Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), it is illegal to park on a grass margin.
A grass margin is defined in the regulations as 'that portion of a public road situated on either side of a footway and which is provided for the growing of grass, trees or shrubbery of any kind.'
Enforcement of road traffic regulations in relation to illegal parking is a matter for both the local authority concerned and An Garda Síochána.
