Written Answers Nos. 574-590
574. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government to set out the motor tax rates for agricultural vehicles owned by persons who do not actively farm; whether they differ to the rates for active farmers or landowners (details supplied); if so, the reason for this; and if he will make a statement on the matter. [7864/15]
View answerMotor tax is based on the construction and use of a vehicle. There are two annual motor tax rates for tractors. An annual rate of €333 applies to tractors being used for general haulage purposes. An annual rate of €102 applies to tractors and agricultural engines provided they are being used solely for agricultural purposes. This includes vehicles being used by agricultural contractors where the licensing authority is satisfied that the vehicle is being used on public roads only for the haulage of articles required for the purpose of doing that work.
575. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government to set out his plans to open public libraries on Sundays in advance of State examinations; his views on whether it is appropriate that despite the €36.6 million spent building the new Dún Laoghaire library, it is closed every Sunday and, therefore, unavailable to the local residents; and if he will make a statement on the matter. [7889/15]
View answerThe management of library services, including the deployment of library resources in a local authority area such as Dún Laoghaire-Rathdown, is a matter for the local authority concerned in accordance with the library development programme adopted by the elected members as a reserved function.
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.
Accordingly, I have no function in relation to the setting of library opening hours.
576. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 344 of 1 April 2014 if he will provide an update on discussions between his Department and the Department of Public Expenditure and Reform, regarding enhanced redundancy payments in the community and voluntary sector; and if there are proposals for legislation or new regulations to govern this area. [7940/15]
View answerMy Department has no role in the internal operations of any private organisations and, therefore, does not have a role in relation to staff or employment matters, which are for the Board of the company, as the employer, to manage.
In relation to the Deputy’s query regarding the payment of redundancy in the community and voluntary sector, discussions between my Department and the Department of Public Expenditure and Reform are continuing. There has also been engagement with the Office of the Attorney General in relation to a number of legal issues arising. Consideration of the matter will be finalised in light of the outcome of these engagements.
577. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government from where the pyrite remediation scheme draws its funding and the number of households that have applied for funding to date. [7951/15]
View answerFunding of €10 million is being provided by my Department for the implementation of the pyrite remediation scheme in 2015 in light of anticipated activity under the scheme this year. Since the scheme was first published in February 2014, the Pyrite Resolution Board has received in the order of 630 completed applications. A total of 485 applications have been validated and forwarded to the Housing Agency for the verification stage of the process; of those over 300 have now been approved by the Board for inclusion in the scheme and the applicants have been notified. Applications for dwellings not yet included in the scheme are being processed as quickly as individual circumstances allow.
578. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government in view of his recent statement that property developers will be loaned money at low rates by the State to pay for roads, footpaths and sewage in housing estates to speed up the building of houses, and in view of the fact that this low-cost loan proposal will be initially restricted to the four local authorities in Dublin but could be extended to counties Cork and Galway, to explain the reason he has overlooked County Kerry; if he will provide an assurance that he will extend the scheme to County Kerry; the way he decided to discriminate against County Kerry; the particular financial considerations he took into consideration in making his decision to exclude County Kerry; and if he will make a statement on the matter. [7986/15]
View answerThe Dublin Housing Supply and Co-ordination Task Force was established under Action 2 of the Government’s Construction 2020 Strategy with an immediate focus on addressing supply-related issues and to work closely with industry and other parties, including those responsible for key infrastructure such as schools, to identity and address any obstacles to viable and appropriate development.
The Task Force’s Second Report on Critical Infrastructure Deficits in Residential Priority Areas in the Dublin Region has been submitted to my Department and I will give due consideration to its conclusions in consultation with my Government colleagues.
579. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government to explain the effect the current recruitment embargo is having on the ability of local authorities to deliver their services effectively in recent years; the local authorities most affected by staff shortages; the measures he has proposed to address these high-pressure areas; and if he will make a statement on the matter. [5740/15]
View answerI refer to the reply to Question No. 273 of 5 February 2015, which sets out the position in this matter.
580. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will publish the outcome of the appeals process conducted by Pobal, following the exclusion of funding to over 20 disability organisations, under the new round of the scheme to support national organisations; and if he will reinstate funding to these organisations. [8058/15]
View answerThe funding scheme to support national organisations in the community and voluntary sector aims to provide multi-annual funding to national organisations towards core costs associated with the provision of services. My Department is providing funding under the scheme of in excess of €8 million over a two year period to mid–2016. This represents an increase in funding of more than 10% per annum compared to the previous scheme.
Pobal were asked to undertake the appraisal and management of the scheme and, in that context, they put in place a dedicated team to deal with any inquiries from applicants and to provide detailed feedback. Furthermore, an appeals process was put in place, on foot of which Pobal has submitted a report to my Department. The report in question is currently being considered.
581. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government to set down the number of homes that have been remediated under the pyrite remediation scheme in the years 2014 and 2015. [8066/15]
View answerSince the pyrite remediation scheme was first published in February 2014, the Pyrite Resolution Board has received in the order of 630 completed applications. A total of 485 applications have been validated and forwarded to the Housing Agency for the verification stage; of those over 300 have now been approved by the Board for inclusion in the scheme and the applicants have been notified. Applications for dwellings not yet included in the scheme are being processed as quickly as individual circumstances allow.
Design professionals have been appointed to 12 projects involving some 255 dwellings. A pilot project involving the remediation of 5 dwellings was completed in the latter half of 2014. I understand that a works contract for 20 houses has recently been awarded and works commenced last week, while a number of procurements in relation to a further 4 developments involving some 74 dwellings are nearing contract award stage.
582. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government to outline the policy and practice of the Environmental Protection Agency on the recovery and enforcement of legal costs, following the conclusion of judicial review litigation and in circumstances where the agency has been awarded its legal costs; and if he will make a statement on the matter. [8068/15]
View answerAs provided for in the Environmental Protection Agency Act 1992, the EPA is independent in its operations, and accordingly, I have no role in this matter. However, I am advised by the Agency that Section 50B of the Planning and Development Act 2000, as amended by the Planning and Development (Amendment) Act 2010 and the Environment (Miscellaneous Provisions) Act 2011, may apply to judicial review proceedings seeking to challenge a decision of the Agency.
There have been no judicial review proceedings in which the Agency has been awarded its costs since Section 50B was enacted, and so the matter inquired about has not arisen. The Agency will decide what recovery and enforcement policy and practices are appropriate, if and when a costs order is made in its favour.
583. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government to set out the circumstances under which a local authority may withhold payment of rent to a landlord who has agreed to participate in the rental accommodation scheme. [8084/15]
View answerA Residential Tenancy Agreement under the Rental Accommodation scheme (RAS) involves a three way contractual relationship between landlord, tenant and the housing authority.
Under the agreement, in return for a guarantee that the housing authority will pay an agreed monthly rent to a landlord under the scheme, the landlord agrees to fulfil certain terms and conditions. These terms and conditions include providing the authority with a tax clearance certificate, repairing and maintaining the property to the proper standards, notifying the housing authority when the property becomes vacant and terminating a tenancy when requested to do so by the housing authority.
In the event of a persistent breach by the landlord of a Residential Tenancy Agreement, for example, where a landlord has failed to carry out essential repairs or improvements to the property, in the first instance the housing authority should make every effort to reach agreement with the landlord to remedy the situation. However, in the event that the breach continues then the housing authority can suspend payment to the landlord, by giving 21 days written notice.
584. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if a local authority has the power to levy commercial rates on the owner of a commercial premises rather than the tenant; and if he will make a statement on the matter. [8093/15]
View answerLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority.
Under rates legislation the person liable for payment of rates is the person in occupation of a rateable property on the date of the making of the rate by the relevant local authority. The owner, rather than the occupier, may be liable for commercial rates if the property in question is unoccupied on the date of the making of the rate.
585. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government if he will provide details, in tabular form, on the local authorities which require local authority housing applicants to provide documentation from land registries outside Ireland as evidence that they do not own property, and from what year each local authority has sought this particular form of documentation. [8099/15]
View answerThe information requested is not available in my Department.
The assessment of households for social housing support is a matter for individual housing authorities under the provisions of the Housing (Miscellaneous) Provisions Act 2009, the Social Housing Assessment Regulations 2011 and having regard to the particular circumstances of each case. I am precluded from becoming involved in individual cases.
Regulation 22 of the 2011 Regulations provides that an applicant household for social housing support is ineligible for social housing support if a household member owns alternative accommodation that could meet their needs, either through occupation or through the proceeds of selling that accommodation. Part 11 of the prescribed social housing application form therefore asks for information on applicants’ property ownership either in the State or abroad.
In seeking to determine the eligibility for social housing support the housing authority may seek additional documentation from applicants. It is a matter for the local authority to determine what is required in individual cases.
While my Department has not directed housing authorities to seek specific forms of documentation, it would expect that any such requests by a local authority would be appropriate having regard to the particular circumstances of the applicant.
586. Deputy Pat Breen asked the Minister for the Environment, Community and Local Government to outline his plans to amend the Building Control (Amendment) Regulations 2014 to address the concerns relating to self-builds; and if so, the timeframe he envisages for bringing any such amendments before the Houses of the Oireachtas; and if he will make a statement on the matter. [8109/15]
View answerThe Building Control Act 1990 places a statutory obligation on owners, designers and builders to design and construct buildings in compliance with the requirements of the Building Regulations. Following public concern with regard to the widespread failure to comply with regulatory requirements in all sectors of the construction industry, the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014) were introduced to strengthen the arrangements in place by requiring greater accountability in relation to compliance with Building Regulations. Over 5,000 construction projects have commenced to date since the new regulations took effect on 1 March 2014 and thus require statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.
In relation to the self-build sector I refer to the reply given in response to Questions Nos. 541 and 542 of 18 December 2014. Price is determined by market forces and is therefore outside of the scope of my regulatory powers. Nevertheless, I recognise the importance of ensuring that the regulations do not impact unduly on the self-build sector, particularly in relation to cost. As indicated previously, my Department, in conjunction with the Housing Agency and the construction professional bodies, is currently finalising additional guidance on an appropriate inspection plan for a typical single dwelling. This guidance will be helpful in better informing the market in relation to offering realistic and appropriately priced professional services for such work.
I also intend to announce details of the imminent review of S.I. No. 9 of 2014 early next month. A full report on the matter will be produced by the second quarter of 2015 and will inform further regulation in this critical area. I will arrange for a copy of the report to be made available in the Oireachtas Library in due course.
587. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he is in a position to fully appreciate the considerable difficulties which have been placed on families by the failure of Irish Water legislation to properly take account of situations in which an adult person with complicated care needs is living in the family home; if his attention has been drawn to the fact that many such adults have little or no income or capacity to earn income, yet are treated the same as an able-bodied adult in terms of liability; and if he will make a statement on the matter. [8114/15]
View answerA new water charging regime was announced by the Government on 19 November 2014. The capped annual charges will be €160 for single adult households and €260 for all other households until the end of 2018. All households will know what their capped bills will be until the end of 2018, which is particularly important for larger households or those with high usage due to medical needs.
In addition, a water conservation grant of €100 per year will be available to qualifying households. The Department of Social Protection will administer the grant on behalf of my Department, which will be available to households (principal private dwellings) that complete a valid response to Irish Water’s customer registration process.
The water conservation grant replaces the tax rebate and social protection measures previously announced and is a more straightforward means of addressing water issues for all households on equal terms and will reduce households’ outlay on water services both now and in the future.
588. Deputy Pat Breen asked the Minister for the Environment, Community and Local Government if he will provide an update on the Fennelly recommendations on the registration of architects; if he will provide the registration arrangements which have been put in place since the publication of the report; if his Department plans to introduce any further registration arrangements to address the concerns of architectural technologists; and if he will make a statement on the matter. [8131/15]
View answerIn 2013 Mr Garrett Fennell, Solicitor, who is chairperson of the Admissions Board established by the Royal Institution of the Architects of Ireland (RIAI) to oversee the registration of architects under the Building Control Act 2007, was tasked with reviewing the arrangements in place for registration. Mr Fennell’s report, which was welcomed by my Department, made a number of recommendations intended to improve and streamline the arrangements for registration, in particular those which apply to practically trained persons who had been operating as architects for 10 years prior to the commencement of the Act of 2007. Implementation of these recommendations, in consultation with the Architects Alliance of Ireland and others, has seen a number of reforms which now make it easier for such practically trained persons to become registered. Such reforms include administering the technical assessment process on a cyclical basis where briefing, guidance and support for candidates can be administered in a structured manner, mentoring and supporting applicants, facilitating assessment based on recent projects, facilitating applicants with reassessment/reapplication (i.e. ensuring it is not seen as a one chance only route to registration) and reviewing and simplifying guidance materials with direct input from practically trained persons. I have asked my Department and the RIAI as registration body to continue to work with the Architects Alliance of Ireland and others in this manner to achieve whatever further reasonable and practical improvements of the technical assessment process can be made in the context of the Fennell report or otherwise.
In relation to the proposals for the statutory registration of Architectural Technologists, I refer to the reply given to Question No. 519 of 18 November 2014 which remains the position. 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 early publication of legislative proposals thereafter.
589. Deputy Paul Murphy asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 499 of 17 February 2015 to outline the work his Department will do to advertise the supplementary electoral register to new citizens, citizens who have turned 18 years of age and those who may have moved address in the run-up to the deadlines for entry on the supplementary register for the upcoming referendums; and if he will make a statement on the matter. [8149/15]
View answerAs indicated in response to Parliamentary Question No. 499 of 17 February 2015, my Department plans to advertise the opportunity for eligible voters to apply for inclusion in the supplement to the register of electors following the making of the Polling Day Order for the forthcoming referendums. This advertising will be done through the main national newspapers and the Department’s website.
The advertising will draw attention to the requirement that applications for entry in the supplement must be received by the relevant local authority at least 15 days (not including Sundays, Good Friday or Public Holidays) before polling day at a referendum in order to be considered for that referendum. The advertising will also draw attention to the requirement that applications for inclusion in the supplement to the postal or special voters lists must be received by the relevant local authority at least 22 days (not including Sundays, Good Friday or Public Holidays) before polling day at a referendum in order to be considered for that referendum.
