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Tuesday, 10 Feb 2015

Written Answers Nos. 579-596

Septic Tank Grants

Questions (579, 582)

Barry Cowen

Question:

579. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide, in tabular form county by county, the number of septic tank grant applications; successful applications; outstanding applications; the average time-frame for a grant decision; the total money spent to date; and if he will make a statement on the matter. [5725/15]

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Éamon Ó Cuív

Question:

582. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the amount of money expended by his Department to date, broken down by local authority, under the private waste water remedial grant, introduced by the previous Minister, as part of the introduction of the mandatory registration of private waste water systems; the number of grants paid by each authority; the number that reached the maximum threshold allowed for an individual grant; the number of inspections carried out to date; the number of these that related to unregistered properties; and if he will make a statement on the matter. [5811/15]

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Written answers

I propose to take Questions Nos. 579 and 582 together.

Neither I, nor my Department, have any direct role in monitoring the implementation of the Environmental Protection Agency’s ( EPA) National Inspection Plan for domestic waste water treatment systems by the local authorities.  However, the EPA has conducted a review on the implementation of the Plan for the period from 1 July 2013 to 30 June 2014. The report contains a breakdown by county of inspections that have taken place and includes details relating to non-compliant treatment systems and advisory notices.  It is available on the Agency’s website at the following link: http://www.epa.ie/pubs/reports/water/wastewater/Report%20National%20Inspection%20Plan%20Web.pdf.

Responsibility for the administration of my Department’s Rural Water Programme, under which funding is provided to recoup local authorities the grants they pay in respect of domestic waste water treatment systems, is devolved to the local authorities. Information is not therefore held by my Department on applications in train with local authorities. Details of the grants recouped by my Department in 2014 to the local authorities in this respect are set out in the table below:

County

Grant Amount

Recouped to Local

Authority

Number of grants Recouped

 

 

Galway

15,300

4

Leitrim

2,500

1

Limerick

14,500

4

Longford

4,000

1

Louth

4,000

1

Meath

30,476

9

Roscommon

4,000

1

Sligo

11,161

3

Tipperary

9,741

4

Westmeath

2,896

1

Animal Welfare

Questions (580)

Paul Murphy

Question:

580. Deputy Paul Murphy asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 61 of 28 January 2015 and Nos. 553 to 555, inclusive, of 20 January 2015, if his Department is responsible for the health and well-being of dogs seized and under the care of local authorities; if so, the measures in place by his Department to ensure that these dogs are adequately cared for with appropriate accommodation and veterinary care, including those put into the care of outsourced companies or institutions by local authorities; and if he will make a statement on the matter. [5761/15]

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Written answers

As indicated in my reply to Question Nos. 553, 554 and 555 of 20 January 2015, animal health and welfare policy is a matter for my colleague, the Minister for Agriculture, Food and the Marine under the Animal Health and Welfare Act 2013, the provisions of which apply to all animals including those in dog pounds. As indicated in the Minister for Agriculture, Food and the Marine’s reply to Question No. 61 of 28 January 2015, section 11 of the Animal Health and Welfare Act 2013 provides that a person who has a protected animal, including a dog, in his or her possession or under his or her control, is obliged to ensure that the animal is kept and treated in a manner that safeguards the health and welfare of the animal and does not threaten the health and welfare of that animal or another animal.

This basic principle relating to duty to protect animal welfare is the same for any bodies, either governmental or non-governmental, who keep or have responsibility for animals including dogs. The Animal Health and Welfare Act 2013 is enforced by officers of the Department of Agriculture, Food and the Marine and by An Garda Síochána and by Inspectors of the ISPCA and the DSPCA under service provisions of the Act. The Act also provides for the authorisation by local authorities of persons to carry out functions under the Act.

In view of the provisions of the Animal Health and Welfare Act 2013, my Department has no responsibility for putting in place the measures identified in the question.

Local Authority Housing

Questions (581)

Thomas P. Broughan

Question:

581. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government his plans for a social housing allocation and or development in the area of Dublin Bay North (details supplied) in Dublin 17. [5801/15]

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Written answers

It is a matter for each local authority to bring forward proposals in relation to its proposals on social housing provision and in the context of the Social Housing Strategy 2020: Support, Supply and Reform published in November 2014, a Dublin Social Housing Delivery Taskforce has been established, to respond to the current supply challenge in the Dublin area, including facilitating mixed tenure developments and ensuring maximum value from Exchequer investment. I understand that as part of its work under the Dublin Social Housing Delivery Taskforce, Dublin City Council is currently assessing opportunities for procurement of private and public housing with a view to potentially commencing a competitive procurement process in relation to three sites, including the site referred to in the Question.

My Department is working as part of the Dublin Social Housing Delivery Taskforce and will consider any proposals that come forward from Dublin City Council once they have been further developed.

Question No. 582 answered with Question No. 579.
Question No. 583 answered with Question No. 578.

Road Projects

Questions (584)

Emmet Stagg

Question:

584. Deputy Emmet Stagg asked the Minister for the Environment, Community and Local Government the reason South Dublin County Council has not responded to correspondence (details supplied) regarding the provision of an underpass in Dublin 20. [5893/15]

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Written answers

The reply to correspondence is the responsibility of the local authority concerned and I have no function in relation to this particular matter. Responsibility for road matters rests with the Department of Transport, Tourism and Sport.

The Local Government Act 2001 (Section 237A) Regulations 2003 provide, inter alia, that it shall be an objective of a local authority to seek to deal with requests for access to information by a parliamentary representative as expeditiously as may be and in accordance with a proper level of customer service. Having regard to this and any other relevant matters, it is the responsibility of each local authority to keep under review their own systems and procedures.

Housing Assistance Payments

Questions (585)

Dessie Ellis

Question:

585. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government in view of the fact that the current rates of housing assistance payment are below market rent in many areas, the action he is taking to ensure that those on the housing assistance payment are not forced to top-up the payment to meet their housing need. [5909/15]

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Written answers

One of the main causes of rising rents in some areas is a lack of supply in the market. The Social Housing Strategy 2020, which I published in November 2014, sets out clear, measureable actions and targets to increase the supply of social housing, while the implementation of the range of actions under the Government’s Construction 2020 Strategy will also support increased supply in the wider housing market. The implementation of the Housing Assistance Payment (HAP) is a key Government priority and a major pillar of the Social Housing Strategy 2020. The HAP scheme will bring all social housing supports provided by the State under the aegis of local authorities. The scheme will remove a barrier to employment by allowing recipients to remain in the scheme if they gain full-time employment. HAP will also improve regulation of the rented accommodation being supported and provide certainty for landlords as regards their rental income.

The statutory pilot phase of HAP commenced in September 2014 and is now in effect in 7 local authority areas, which are Limerick City and County, Waterford City and County, Cork County, Louth, Kilkenny, South Dublin and Monaghan. Some 800 households are in receipt of HAP at present across these 7 local authority areas. Dublin City Council is also part of the statutory HAP pilot with a specific focus on accommodating homeless households, as provided for in the Action Plan to Address Homelessness. Dublin City Council is implementing the HAP pilot for homeless households in the Dublin region on behalf of all 4 Dublin local authorities.

Section 43(2)(a) of the Housing (Miscellaneous Provisions) Act 2014 provides for the making of Regulations to prescribe the maximum rent limits for different household classes that will apply in each local authority where HAP has been commenced. In prescribing these limits, household size and prevailing rents in the relevant areas are taken into consideration. These limits are based on the current rent supplement limits as set out by the Department of Social Protection, in advance of the introduction of a national differential rents framework for local authorities, as provided for under section 31 of the Housing (Miscellaneous Provisions) Act 2009, later this year. I understand that the Department of Social Protection is currently finalising a review of maximum rent limits.

There is evidence of a growing pressure on rents in the lower segment of the market in some high demand areas. In the context of the implementation of HAP, my Department works closely with the Department of Social Protection, and continues to closely monitor trends in the housing market and the potential impacts on housing supply, including data gathered by HAP pilot authorities in relation to this issue. These factors are being carefully considered in the context of the further roll out of HAP and particularly in relation to any future changes to maximum rent limits that apply in local authorities where HAP is operating.

Questions Nos. 586 and 587 answered with Question No. 564.

Building Regulations Compliance

Questions (588)

Dan Neville

Question:

588. Deputy Dan Neville asked the Minister for the Environment, Community and Local Government if he will include chartered architectural technologists in the Building Control (Amendment) Regulations (BCAR) process, in view of the fact that they are suitably qualified technical experts in the building construction field. [5932/15]

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Written answers

I refer to the reply given to Question No. 519 of 18 November 2014 which sets out the position in relation to this matter. I welcome the decision by Quality Qualifications Ireland to facilitate the development of a common standard for architectural technology in line with the National Qualifications Framework which is an important step towards the development of a statutory register. I am committed to advancing plans for the statutory registration of architectural technologists as quickly as possible. I intend carrying out a public consultation on the matter over the coming months with a view to publication of legislative proposals by the end of this year.

Water Charges Administration

Questions (589)

Jerry Buttimer

Question:

589. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government if he will provide an update on his plans to make arrangements for the payment of water charges where tenants in private rented accommodation have not paid; if landlords will be deemed liable for unpaid water charges; and if he will make a statement on the matter. [5950/15]

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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 occupier of a property is liable to pay the water charges bill, and legislation provides that the owner is the occupier unless the contrary is proven. Irish Water is providing landlords with the opportunity to prove that they are not the occupier by providing the tenants name. This will allow Irish Water to contact the tenant to complete the registration and to bill the tenant. The tenant will have to register with Irish Water to avail of the water conservation grant or to get lower charges than the default capped charge (€260), where they are single adult occupants or their metered usage is less than the maximum charge.

My Department is consulting with the local government sector, social housing providers and landlord and tenant representatives in the course of drafting legislation to give effect to measures proposed in relation to tenants and unpaid water charges. Further details on the modalities involved will be available on publication of the draft legislation following the completion of the necessary consultations with relevant representative organisations.

Water Charges Yield

Questions (590, 600)

Michael McGrath

Question:

590. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the additional revenue that Irish Water will accrue as a result of householders who did not sign up by 2 February 2015 being subject to a flat charge of €260; and if he will make a statement on the matter. [5954/15]

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Brian Stanley

Question:

600. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if the rate of compliance is factored into the figure of €271 million provided last week by him as the amount projected to be collected through domestic water charges; and the estimated rate of compliance. [6044/15]

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Written answers

I propose to take Questions Nos. 590 and 600 together.

Irish Water's costs in the coming years will be funded through a mix of revenue from the domestic and non-domestic sector, third party finance and State support which may be in the form of both equity and subvention.

The Government decisions on levels of funding and the approach to free allowance were informed a high level financial model prepared by NewERA, which was based on inputs provided by my Department and Irish Water. This model envisages that the total amount to be billed to domestic customers in 2015 will be approximately €271 million, which factors in properties with only one service and holiday homes. Irish Water’s revenue forecasts are based on the expected occupancy, based on Census 2011 data, and expected consumption patterns based on surveys associated with metering.

Water Charges Administration

Questions (591)

Michael McGrath

Question:

591. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government If it would be a breach of data protection for landlords to pass details of tenants residing at their properties to Irish Water; and if he will make a statement on the matter. [5955/15]

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Written answers

Under the Water Services Acts 2007-2013, Irish Water has statutory powers to request its customers and certain specified persons or bodies to provide it with information so that Irish Water can perform its functions under these Acts including the collection of data to develop its customer database. In particular, section 26 of the Water Services Act 2013 provides Irish Water with the power to obtain information on its customers from other third parties as listed in the section, including a local authority, the Revenue Commissioners, the Private Rented Tenancies Board, the Property Services Regulatory Authority, the Local Government Management Agency, the Minister for Social Protection or any other person or body to be prescribed by the Minister.

Irish Water is required to manage all personal data in accordance with the Data Protection Acts 1988 and 2003. Irish Water has an on-going engagement with the Office of the Data Protection Commissioner, including in relation to the provision of tenant details by landlords, to agree the process for the capture, storage and usage of customer data.

Water Charges Administration

Questions (592)

Terence Flanagan

Question:

592. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding water and the Constitution of Ireland (details supplied); and if he will make a statement on the matter. [5968/15]

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Written answers

Article 10(2) of the Constitution states that "all land and all mines, minerals and waters which belonged to Saorstát Éireann immediately before the coming into operation of this Constitution belong to the State to the same extent as they then belonged to Saorstát Éireann".

With specific regard to Irish Water, the Water Services Act 2013 provides for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann (now Ervia), conforming to the conditions contained in the Act and registered under the Companies Acts. Section 5 of the Act provides that one share in Irish Water shall be issued to Bord Gáis Éireann (now Ervia) with the remaining shares allocated equally between the Minister for the Environment, Community and Local Government and the Minister for Finance. Accordingly, Irish Water is in full State ownership. Subsection 5(6) of Act, as amended by Section 46 of the Water Services (No. 2) Act 2013, prohibits each of the three shareholders from disposing of their shareholding in Irish Water and thus places a statutory prohibition on the privatisation of Irish Water.

There are no plans to amend the Constitution with regard to Irish Water. The Water Services Act 2014 includes a provision whereby any future proposal for legislation that would involve a change in the State ownership of Irish Water must be put to a plebiscite of the people. This ensures that any proposed privatisation by a future Government could not proceed without the support of the Irish people.

Constitutional Convention Recommendations

Questions (593)

Terence Flanagan

Question:

593. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if consideration has been given to implementing a system of direct democracy here, similar to that in Switzerland; and if he will make a statement on the matter. [5977/15]

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Written answers

The Fourth Report of the Convention on the Constitution included a recommendation in relation to direct democracy or citizens’ initiatives. The recommendation was that there should be a right for citizens to petition on influencing the legislative agenda and to petition for referendums. In response, the Government has pointed to the fact that constitutional referendums are already common in Ireland and there is nothing to prevent citizens from presenting petitions. In addition, Article 27 of the Constitution already provides a facility for a Bill to be put to the people if it contains a matter of such public importance that the will of the people ought to be ascertained on it.

The Government has substantially opened up the legislative process through a number of initiatives. These include the work of the Constitutional Convention itself as well as significant packages of Dáil reform put in place since 2011. These reforms include the setting up of the Public Service Oversight and Petitions Committee. As part of its remit, the Committee receives and considers public petitions submitted to the Houses of the Oireachtas. It also engages regularly with the Ombudsman and other oversight bodies.

In 2011 the Government introduced a system of pre-legislative review before Oireachtas Committees. In 2013 this was expanded to become a pre-legislative stage before the relevant Oireachtas Committee, as a requirement for all non-emergency legislation. This system now allows for an extensive engagement by the public, civic society and other interested groups and academics in the law-making process.

The Government has indicated that it will bear in mind the particular Constitutional Convention recommendation on direct democracy when the latest package of Dáil reform measures and its success in opening up the legislative process is being reviewed.

Local Authority Housing Maintenance

Questions (594)

Seán Fleming

Question:

594. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if he will provide additional funding to Laois County Council for housing repairs for persons with disabilities, who are local authority tenants; if consideration will be given to this as an area of priority, as funding has been very limited in this area in recent times; and if he will make a statement on the matter. [5984/15]

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Written answers

In 2014, my Department provided funding of some €7.9 million to local authorities towards the cost of adaptations and extensions to social houses to meet needs of tenants with a disability or to address serious overcrowding. This was an increase of funding in excess of €1.0 million on the funding provided in 2013. Under the initiative Laois County Council received €53,957 in 2014. Funding provided by my Department meets 90% of the cost of the works, with each local authority providing the remaining 10%.

My Department is currently liaising with all local authorities in relation to requirements for 2015. The administration of this funding locally is a matter for each local authority, including decisions in relation to the projects to be implemented.

Foreshore Licence Applications

Questions (595)

Tony McLoughlin

Question:

595. Deputy Tony McLoughlin asked the Minister for the Environment, Community and Local Government if he will provide an update on the current status of foreshore seaweed harvesting licence applications in respect of persons (details supplied) in County Sligo; and if he will make a statement on the matter. [6000/15]

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Written answers

My Department is engaged with the Office of the Attorney General to establish how the provisions of the Foreshore Act interact with folio and other purported rights to harvest seaweed. Applications to harvest seaweed are being progressed as far as possible within this context. With regard to the application from the first named company, public and prescribed bodies consultations have been concluded and the application is at the environmental assessment phase.

The second named company was recently advised that a new application would be required and relevant guidance material was provided. The new application has not been received to date.

Irish Water Funding

Questions (596, 601, 602)

Brian Stanley

Question:

596. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the amount Irish Water will be required to borrow in order to meet all of its expected costs in 2015 and 2016. [6015/15]

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Brian Stanley

Question:

601. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the amount Irish Water plan to borrow to fund capital investment in 2015. [6045/15]

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Brian Stanley

Question:

602. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the amount Irish Water will be allowed to borrow on the markets, based on expected revenue streams for both 2015 and 2016. [6046/15]

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Written answers

I propose to take Questions Nos. 596, 601 and 602 together.

Irish Water currently expects to increase its borrowings by some €900m in 2015, of which about €750m relates to the funding of capital expenditure, and a further €325m in 2016 to fund its capital expenditure programme in that year. Additional working capital loans of up to €96m and €58m are expected to be provided by Government in 2015 and 2016 respectively.

Under Section 35 (1) (b) of the Water Services (No 2) Act 2013 Irish Water’s current borrowing limit is €2bn.  Irish Water’s current forecast of total borrowing at end 2016 of €1.7bn is within this limit. Under Section 35 (1) (a) any borrowing by Irish Water needs to be approved by the Minister for the Environment Community and Local Government, the Minister for Communications, Energy and Natural Resources, the Minister for Finance and the Minister for Public Expenditure and Reform.

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