Wednesday, 25 Feb 2015

Written Answers Nos. 151-170

Obesity Strategy

Questions (151)

Bernard Durkan

Question:

151. Deputy Bernard J. Durkan asked the Minister for Health his plans to tackle obesity, with particular reference to childhood obesity; and if he will make a statement on the matter. [8468/15]

Written answers

Minister for Health

The Special Action Group on Obesity (SAGO) has been established, comprising representatives from the Department of Health, the Department of Children and Youth Affairs, the Department of Education and Skills, the Food Safety Authority of Ireland and safefood to examine and progress a number of issues to address the problem of obesity, in both adults and children.

The Special Action Group on Obesity has progressed a range of measures to tackle the problem of Childhood Obesity, including the Childhood Obesity Media Campaign, which is a Safe food/Healthy Ireland/HSE three year Childhood Obesity Campaign entitled "Let’s take it on – one small step at a time" and which is designed to communicate practical solutions for parents to adopt in order to tackle the every day habits that are associated with excess weight in childhood. The latest phase on ‘treats’ launched in September 2014. Other measures include a choice of healthy foods and drinks in vending machines in post-primary schools; Treatment Algorithms for adults and children and opportunistic screening and monitoring for earlier detection of overweight and obesity in children. The Department of Health has worked with the Broadcasting Authority of Ireland, with regard to the marketing of food and drink to children for the revised "Children’s Code to Restrict Marketing of High Fat, High Salt and High Sugar Foods and Drinks."

Ireland has been involved in the World Health Organization European Region Childhood Obesity Surveillance Initiative since Round 1 in 2008 and we are encouraged by recent results of Round 3 which show a plateau in high levels of obesity in 7 year olds.

Progress has also been made with the publication of Healthy Eating Guidelines, the calories on menus initiative and the Report on the Recommendations to reduce consumption of high fat, salt and sugar foods and drinks from the Top Shelf of the Food Pyramid. My Department's Healthy Eating Guidelines are being reviewed and in conjunction with the Department of Education, my Department is developing Healthy Eating Policies for Schools. The Post-Primary Policy is at an advanced stage of development and the Primary Schools Policy will be developed soon after this launches. As part of our EU Presidency in 2013, Ireland led on the development of an EU Childhood Obesity Action Plan which is now in the implementation phase. We are also leading a Work Package in the forthcoming EU Joint Action on Nutrition and Physical Activity. We are gathering evidence across the European Union on the cost and the impact of childhood obesity and forecasting the social and economic burden for 2020 and 2025.

My Department is also in the process of developing an Obesity Policy which will include measures to tackle overweight and obesity in adults, with special emphasis on children, as prevention is a primary objective in tackling obesity.

Diplomatic Representation

Questions (152)

Paul Murphy

Question:

152. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 193 of 18 February 2015, the reason the Embassy of Ireland to the United Kingdom agreed to accept a letter, but refused to do so with media present; if it is the standard policy of Irish embassies not to have media present when receiving representations from Irish citizens, and others; and if he will make a statement on the matter. [8382/15]

Written answers

Minister for Foreign Affairs and Trade

The Embassy of Ireland in London accepted a letter of protest on the afternoon 11 February, having agreed to do so by telephone earlier that day. The Embassy also brought the letter to the attention of the Department in Dublin. On this occasion, the letter was accepted inside the Embassy premises. While media may freely cover any such presentations when they are made outside the Embassy’s entrance, media presence inside the Embassy needs to be arranged in advance. The question of media participation was not raised during the telephone call arranging the presentation of the letter, and I am advised that, in any event, the representative of the group presenting the letter agreed to proceed without the television camera being present.

Trade Relations

Questions (153)

Finian McGrath

Question:

153. Deputy Finian McGrath asked the Minister for Foreign Affairs and Trade if he will develop further economic and cultural links with Cuba; and if he will make a statement on the matter. [8392/15]

Written answers

Minister for Foreign Affairs and Trade

Ireland’s positive links with Cuba have grown steadily, in particular since the establishment of diplomatic relations between our two countries in 1999. As I have stated before, I would wish to see our bilateral relations develop further.

In 2014, bilateral trade in goods was valued at €1.35 million, consolidating the increase of the previous year. We hope that, as the process of economic reform proceeds, and as Cuba’s relations with the US are normalised, it will be possible to develop our trade relationship further.

Our Ambassador in Mexico City, who is accredited on a concurrent basis to Havana, visited Cuba in January of this year. The visit included contacts with Cuban Ministries on various trade and economic issues of mutual interest. In addition, the Embassy organised an Irish cultural festival in Havana in November 2014.

Officials of my Department are in discussion with Cuban officials on a Memorandum of Co-operation between our two countries. This will provide an important basis for co-operation across various areas of interest, including economic and cultural interaction. In addition to trade and cultural relations, we are open to engagement in the areas of investment, scientific and research collaboration.

In the context of the European Union, I am pleased that negotiations have begun on an EU-Cuba Political Dialogue and Co-operation Agreement. Such an agreement will strengthen the EU-Cuba relationship and provide an improved framework for political dialogue, economic relations and co-operation in the period ahead.

The EU is Cuba's second most important trading partner, accounting for 20% of total Cuban trade. The EU is also Cuba's biggest external investor and approximately one third of all tourists visiting the island every year come from countries of the European Union.

Human Rights

Questions (154)

Brendan Smith

Question:

154. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if he will bring to the attention of the Government in Yemen, the concerns of the Baha'i Community, in relation to a Yemeni national (details supplied) who has been imprisoned; and if he will make a statement on the matter. [8470/15]

Written answers

Minister for Foreign Affairs and Trade

A deterioration in the crisis in Yemen precipitated a discussion at the EU Foreign Affairs Council which I attended and participated in on 9 February 2015.

This meeting was an opportunity for the EU to discuss collectively how best to respond to the deepening political and security crisis in Yemen. The Foreign Affairs Council adopted conclusions on Yemen at this meeting which reflect the urgency of the situation on the ground.

My Department has no information on the case of the individual in question other than publically available reports on his arrest and treatment at the hands of the authorities, as well as the calls by organisations such as Human Rights Watch for the charges against him to be dropped.

Ireland does not have an Embassy in Sana’a. The present crisis in Yemen has resulted in a vacuum of effective political authority. Until this situation improves, the scope for us to engage with Yemeni authorities on this or any other matter is severely constrained.

Freedom of religion and belief continues to be a priority area for our human rights policy. The persecution of any individual on the ground of his religious beliefs is unacceptable wherever it occurs. My Department regularly engages with the Baha’i community in Ireland on this issue, and they are represented on my Department’s standing committee on human rights.

Ireland participated in the Universal Periodic Review of Yemen at the UN Human Rights Council in January 2014. Both of the recommendations we made in this review were accepted by Yemen. Our most recent statement on human rights in Yemen was in September 2014 at the Human Rights Council where we welcomed the UN efforts to conclude a ‘Peace and National Partnership Agreement’. Regrettably, the promise of this agreement has not yet been fulfilled. Our statement at this time called for an end to hostilities and expressed serious concern about the death penalty in Yemen and the recruitment of child soldiers.

My Department will continue to monitor the political, security and human rights situation in Yemen, including monitoring in so far as is possible the case raised by this question in this regard.

Official Engagements

Questions (155)

Brendan Smith

Question:

155. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if he will provide the details of his recent visit to the Middle East; and if he will make a statement on the matter. [8471/15]

Written answers

Minister for Foreign Affairs and Trade

From 15th to 19th February, I visited Lebanon, Israel and the Palestinian territory. I had also intended to visit Jordan but it was not possible to visit on this occasion due to deteriorating weather conditions. I hope to reschedule that visit in the near future.

In Lebanon, I had the opportunity to meet with the UNIFIL Force Commander, Lieutenant General Portolano, who briefed me on UNIFIL’s operations and, in particular, on the impact on those operations of the continuing regional instability. I also visited the Irish UNIFIL troops and I had the honour of laying a wreath at the memorial in Tibnin in honour of the Irish soldiers who have died in UNIFIL service.

The primary purpose of my visit to Israel and the Palestinian territory was to gather information and develop a deeper understanding of the situation on the ground in the context of the Middle East Peace Process.

What was striking overall was that increasing instability, in particular arising from the conflict in Syria and the violence unleashed by the so-called Islamic State in Syria and Iraq, but including the deteriorating situation in Yemen and Libya, is casting a shadow over the entire region.

I met with a range of interlocutors, including the Foreign Minister of Israel, Avigdor Liberman, Palestinian President Mahmoud Abbas and the Palestinian Prime Minister, Rami Hamdallah. I did not meet with Hamas in Gaza.

I also met with UN agencies and with civil society groups to develop a better understanding of the issues faced on all sides.

In Gaza, I was struck by the desperation of the humanitarian situation for so many people on the ground. There, I met with Pierre Krahenbuhl, the Commissioner General of the UN Relief and Works Agency (UNRWA).

I visited an UNRWA school and a temporary shelter for families displaced by last year’s conflict, where I met with a number of families directly affected by the conflict.

In my subsequent meeting with Foreign Minister Liberman, I raised the need to make further progress in lifting the blockade to meet humanitarian need and as an enabler of social and economic progress.

One of the big challenges for the reconstruction of Gaza is that much of the money committed at the Cairo Conference on Reconstruction has not yet materialised. I was pleased to announce funding of €4.7 million for UNRWA and the UN’s Emergency Response Fund in the course of my visit. I hope that other donors can move quickly to deliver on their commitments.

I also met Israelis living near the border with Gaza who live in fear of Hamas attacks.

In the West Bank, I saw at first-hand the impact of settlements, including on the daily life of Palestinians. In my meeting with Minister Liberman, I raised the issue of settlements and the fact that their continued expansion is a threat to the viability of a two-State solution.

At the end of my visit, I had an opportunity to discuss the situation with the Quartet representative, former British Prime Minister Tony Blair. I also had a telephone conversation with the leader of Israel’s Labour Party, Isaac Herzog, who has strong links with Ireland. In all of my meetings, I emphasised the need for political leadership and risk-taking.

Israel is currently in the middle of an election and I hope that we will also soon see elections to the Palestinian Authority.

I met last month in Dublin with the EU High Representative, Federica Mogherini, and I spoke with her again from Israel last week. She is committed to increasing the EU’s engagement in the Middle East Peace Process. She is proposing a reappraisal of the EU’s approach and how it can best contribute to creating the conditions for a resumption of purposeful negotiations aimed at the achievement of a two-State solution in co-operation with other key players. This accords with my own thinking, and my visit will enable me to contribute substantively to the discussions she will convene.

I also had a number of engagements not directly related to the Middle East Peace Process.

I visited the site of Teva, an Israeli pharmaceutical company that employs more than 500 people in Ireland. This was an important reminder that Ireland’s relations with Israel are, and should be, multifaceted.

I was also honoured and moved to lay a wreath at Yad Vashem, the memorial to the victims of the holocaust.

Middle East Peace Process

Questions (156)

Brendan Smith

Question:

156. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the specific proposals he has put forward at the European Union Foreign Affairs Council, in relation to the need for the European Union to initiate a new round of peace talks, concerning the Israeli-Palestine conflict; and if he will make a statement on the matter. [8472/15]

Written answers

Minister for Foreign Affairs and Trade

The most recent round of negotiations between the parties was suspended last April, having effectively come to a halt some weeks earlier. It is clearly important to bring about a return to serious negotiations, and I encouraged this in my political meetings during my visit to the region last week. However, there is a widespread view among EU Ministers, which I share, that neither party is at this moment ready for such engagement. This is particularly true in advance of the election in Israel next month. In addition, the existence of multiple parallel crises across the Middle East region has clearly demanded much of the attention of the international community.

It is also very clear that it is not enough to focus specifically on the opening of negotiations, unless both parties also come to the table ready to seek an agreement. This has been a major weakness in some previous efforts.

I believe that, for our part, the EU needs to reconsider carefully its approach to the Middle East Peace Process, and what it can do to help create conditions conducive to the resumption of purposeful negotiations. I have discussed this with High Representative Federica Mogherini, and she is of the same mind. I look forward to participating in that discussion at EU level.

Teacher Data

Questions (157)

Brendan Griffin

Question:

157. Deputy Brendan Griffin asked the Minister for Education and Skills if retired teachers have been re-employed, filling teaching vacancies; if so, the number of same; the steps she has taken to stop this practice, and to re-retire such teachers, in view of the number of qualified teachers seeking employment; and if she will make a statement on the matter. [8319/15]

Written answers

Minister for Education and Skills

The policy of my Department is to ensure, as far as possible, that the Managerial Authorities of Primary and Post-Primary schools give priority to unemployed registered teachers who are fully qualified when filling vacant teaching posts. It is schools that employ teachers and not my Department. However my Department has issued a number of Circulars addressing this issue in recent years.

Under these Circulars School Principals must maintain a list of unemployed registered teachers who are available for substitute work at short notice and report to the Board of Management on any exceptional occasion where they have had to engage a registered teacher who is retired. Circular 31/2011 details a cascade of measures for the recruitment of teachers, prioritising registered teachers over retired registered teachers and unregistered people.

A retired teacher who returns to teaching on or after 1 February 2012 will commence at the first point of the incremental salary scale (i.e. the lowest point or starting salary for teachers). Incremental credit for service prior to 1 February 2012, qualification allowances and certain job role allowances are also not payable. This measure represents a significant financial disincentive for teachers who retired at the top of their salary scale, often with a post of responsibility allowance, to return to teaching. The most recent information available on retired teachers employed by managerial authorities of schools relates to the 2013/2014 school year.

During this period a total of 9,421 teaching days were worked by retired teachers. Retired Primary school teachers worked 5,259 days and retired Voluntary Secondary and Community and Comprehensive schools teachers worked 4,162 days. This is equivalent to 0.09% and 0.15% of the teaching allocation for the 2013/2014 school year in the respective sector.

A total of 537 retired teachers were employed during the 2013/14 school year: 302 retired Primary teachers and 235 retired Voluntary Secondary and Community and Comprehensive teachers. 74% of those teachers worked the equivalent of 20 days or less during the entire school year. The number of retired Education and Training Board teaching staff who have been re-employed is not readily available in my Department.

Departmental Bodies

Questions (158)

Brendan Smith

Question:

158. Deputy Brendan Smith asked the Minister for Education and Skills if she plans to appoint a representative of the Teachers' Union of Ireland to the Apprenticeship Council; and if she will make a statement on the matter. [8347/15]

Written answers

Minister for Education and Skills

I established the Apprenticeship Council initially on a non-statutory basis last year. I considered that, as it was necessary to have a broad range of trade unions represented, it was appropriate to ask ICTU (Irish Congress of Trade Unions) to nominate two representatives for appointment to the Council. They have since done so and the membership of the Council has been finalised.

I appreciate the ongoing interest and involvement of the TUI in apprenticeships and would welcome its continuing input, including through communication with the Apprenticeship Council, to the development of this important aspect of the Further Education and Training sector.

School Staff

Questions (159)

Michael Lowry

Question:

159. Deputy Michael Lowry asked the Minister for Education and Skills in view of the changes to the staffing schedules for primary schools announced earlier this week, which reduced the retention numbers required for small schools to retain teacher numbers, if she will review the appointment figures in place, to ensure that any small schools which lost a teaching post due to the initial increases, will not be disadvantaged in securing the return of these teachers; if she will equalise retention and appointment figures; and if she will make a statement on the matter. [8356/15]

Written answers

Minister for Education and Skills

The staffing arrangements for primary schools for the 2015/16 school year were published last week. They are set out in Department Circular 0005/2015 which is available on my Department's website at www.education.gov.ie. The circular sets out the improvements to the staffing schedule for the 2015/16 school year for small schools. These improvements are improved retention thresholds for the 2nd, 3rd and 4th classroom teacher and also the improved appointment and retention thresholds for isolated one-teacher schools. These improvements are estimated to benefit of the order of about 30 small schools. The final number of schools to benefit from these improvements to the staffing schedule will be known in the Autumn after the teacher allocation process has fully transacted.

These improvements particularly recognise the challenges faced by very small schools that are more than 8 km from the next nearest school of the same type.This package of measures will provide rural communities with security about the future of their small schools, recognising the essential social function which small schools can play, especially in isolated communities.

These improvements in the Staffing Schedule for small schools are the only changes that I am making to the staffing arrangements for primary schools for the 2015/16 school year.

School Funding

Questions (160)

Noel Coonan

Question:

160. Deputy Noel Coonan asked the Minister for Education and Skills the position regarding an application for funding in respect of a school (details supplied) in County Tipperary; the status of the application; and if she will make a statement on the matter. [8386/15]

Written answers

Minister for Education and Skills

I wish to advise the Deputy that my Department intends to make contact with the school in question in relation to its accommodation needs.

Autism Support Services

Questions (161)

John Paul Phelan

Question:

161. Deputy John Paul Phelan asked the Minister for Education and Skills if she will provide details of the number of children, at primary school level and at secondary school level, in an area (details supplied) of County Dublin, who have been accepted as qualifying for inclusion in a special autism spectrum disorder unit, located in a mainstream school, if places are available. [8389/15]

Written answers

Minister for Education and Skills

The information sought by the Deputy is not available as the enrolment of a child to a school is a matter in the first instance for the parents of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment to schools.

I wish to advise the Deputy that my Department's policy focuses on ensuring that all children with special educational needs can have access to an education appropriate to their needs and abilities.

A range of placement options for pupils with special educational needs is provided in order to ensure that all pupils can receive a school placement. Many pupils with special educational needs will be able to attend a local mainstream school, whereas for pupils who have needs which require more specialist interventions, special class and special school placements are provided for.

The National Council for Special Education (NCSE), through its network of local Special Educational Needs Organisers (SENOs), engages with schools annually in order to plan for, and to open, new special classes each yea, in order to ensure there are sufficient special class placements available at primary and post-primary school level to meet demand in a given area.

SENOs also assist parents to identify appropriate educational placements for children with special educational needs and advise parents in relation to supports which may be available to support children with special educational needs, including special transport arrangements which may be made available. The NCSE operates within my Department's criteria in allocating such support.

The NCSE will continue to monitor and review the requirement for special class places in the area referred to by the Deputy and has capacity to open such new special classes where necessary.

Parents may contact their local SENO directly to discuss their child's special educational needs and to seek assistance in identifying placement options, using the contact details available on www.ncse.ie.

The NCSE has published a Guide for Parents and Guardians of Children and Young People with Special Educational Needs on Choosing a School. This guide is also available at www.ncse.ie.

Special Educational Needs Service Provision

Questions (162)

Finian McGrath

Question:

162. Deputy Finian McGrath asked the Minister for Education and Skills if her attention has been drawn to the fact that resource hours do not come from the general allocation allotment, but are provided to special education needs organisers in the National Council for Special Education; if there is no intention of allocating extra hours to children with Down's syndrome; and if she will make a statement on the matter. [8395/15]

Written answers

Minister for Education and Skills

I wish to advise the Deputy that under the existing allocation system, all pupils with Down's syndrome, including such pupils in the mild range, currently are entitled to receive additional teaching support. Such support is provided either from a school's allocation of Learning Support or Resource Teaching under the General Allocation Model (GAM), or from an allocation of additional resource teacher hours allocated to schools by the NCSE. The General Allocation Model contains provision for resource teaching hours for pupils with mild general learning difficulty and also learning support provision for pupils who have learning needs but who may not have been assessed as having a learning difficulty.

I am aware that some parents, and organisations representing children with Down's syndrome, continue to have concerns that the existing system does not give them certainty as to the number of resource teaching hours that may be allocated to their child under the General Allocation Model, as these hours are distributed locally by schools.

I met with Down Syndrome Ireland, and with some parents of children with Down's syndrome, recently on 19th February. This was an opportunity for me to discuss the concerns that they have regarding the provision of resource teaching support for children with Down's syndrome. I intend to meet with more parents over the coming week or so.

I will consider the issues that have been raised by Down Syndrome Ireland and parents, and will keep the Deputy and the House informed of my developing views on this matter.

Special Educational Needs Service Provision

Questions (163)

Billy Kelleher

Question:

163. Deputy Billy Kelleher asked the Minister for Education and Skills if she will review the decision to decline the assistive technology application in respect of a child (details supplied) in County Cork. [8406/15]

Written answers

Minister for Education and Skills

I wish to advise the Deputy that my Department provides funding to schools towards the cost of assistive technology for pupils in Primary, Post-Primary and Special schools for personal computers and specialist software for educational purposes under the Assistive Technology scheme, as set out in my Department's Circular 0010/2013.

This Circular states that equipment is provided under this scheme for children with more complex disabilities who require essential specialist equipment to access the school curriculum, which they do not already have, or which cannot be provided for them through the schools existing provisions.

Following consideration of information which has been provided by the school in relation to the application for equipment for the pupil in question, I can advise the Deputy that the equipment which has been applied for is already available to the pupil. As such, the application does not meet the criteria for the allocation of support under my Department's Assistive Technology scheme.

Departmental Expenditure

Questions (164, 165)

Martin Heydon

Question:

164. Deputy Martin Heydon asked the Minister for Education and Skills the cost to the State of each section 29 application processed by her Department; and if she will make a statement on the matter. [8443/15]

Martin Heydon

Question:

165. Deputy Martin Heydon asked the Minister for Education and Skills the number of section 29 requests that have been received for an area (details supplied) in County Kildare, for each of the past five years; and if she will make a statement on the matter. [8444/15]

Written answers

Minister for Education and Skills

I propose to take Questions Nos. 164 and 165 together.

The annual costs in respect of section 29 appeals lodged in my Department was €280,000 last year. This figure represents the costs of appeals throughout the country.

The specific information requested by the Deputy is not available. I can confirm however that last year there were 411 appeals lodged in my Department. This is the total number of appeals lodged in my Department from throughout the country.

Student Assistance Fund

Questions (166)

Michael Healy-Rae

Question:

166. Deputy Michael Healy-Rae asked the Minister for Education and Skills if she will top up the existing student assistance fund, as has been the case for the previous two years, in view of the housing crisis, and the fact that this fund is under continuing strain from needy students across the country, and that most higher education institutions have almost expended their budget, in the first semester; and if she will make a statement on the matter. [8445/15]

Written answers

Minister for Education and Skills

The Student Assistance Fund is a component of the Third Level Access Measure which is managed on behalf of my Department by the Higher Education Authority (HEA) and comprises two sub-priorities: the Student Assistance Fund and the Fund for Students with Disabilities. The Student Assistance Fund is administered on a local basis by participating higher education institutions and targets those students most in need. The overall allocation to both these funds in the 2014-15 academic year is €15.5m – the same as in 2013-14. The determination of the allocation of this fund between the two sub-priorities is a matter for the HEA and involves balancing the needs of students with disabilities for reasonable accommodations with that of students in more general, financial need. While the overall Third Level Access Measure has remained stable, a rising demand by both students with disabilities and those in need of Student Assistance Funding has had to be accommodated within this. Both the HEA and overall education budget have been fully committed for the current academic year. The matter of whether there is scope to increase the overall Third Level Access Measure in the next academic year will be revisited as part of the budgetary process for 2015-16 academic year. This year the HEA also plan to commission an independent review of policy, guidelines and practice in relation to the Student Assistance Fund.

Water Conservation Grant

Questions (167, 171)

Seán Fleming

Question:

167. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if it will be necessary for persons to have to provide their PPS numbers in order to obtain a new conservation grant; and if he will make a statement on the matter. [8358/15]

Seán Fleming

Question:

171. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if there are requirements regarding putting new projects to public tender, such as the water conservation grant; if this has been done; and if he will make a statement on the matter. [8369/15]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 167 and 171 together.

I refer to the reply to Questions Nos. 564, 565, 567, 576, 586 and 587 of 10 February 2015 which sets out the current position in the matter.

Water Services Provision

Questions (168)

Seán Fleming

Question:

168. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if the Ombudsman has a remit over the delivery of water services by local authorities under service level agreements with Irish Water, as these services were previously under the remit of the Ombudsman; and if he will make a statement on the matter. [8379/15]

Written answers

Minister for the Environment, Community and Local Government

With effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services (No. 2) Act 2013 provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers.

The approach taken to dispute resolution for customers of Irish Water is consistent with the general approach for commercial State companies and recognises that Irish Water is working in a different regulatory framework than that which obtained prior to 1 January 2014. It was a policy decision of the Government to establish Irish Water as a public utility and this is reflected in the Water Services Acts 2013.

Section 32 of the Water Services (No. 2) Act 2013 provides that Irish Water shall submit a code or codes of practice to the CER for approval and the CER may modify any such code. A code of practice made under section 32 can include, inter alia, a provision for customer complaints to Irish Water in relation to provision of water services, the standards for the performance by Irish Water of its functions and any other matter the CER considers necessary and appropriate to secure the interests of customers of Irish Water. In discharging its functions, the CER may consult with Irish Water, the public, or any other person it considers appropriate.  Irish Water also has a statutory obligation to comply with any direction from the CER in relation to the approved codes. Irish Water’s approved codes of practice can be found on its website at: http://www.water.ie/our-customer-commitment/.

Similar to the approach it has taken in the electricity and gas industries, the CER has required Irish Water to submit a Customer Handbook outlining the minimum requirements of customer service standards they will provide to their customers. The Customer Handbook comprises Irish Water’s Customer Charter, Codes of Practice and the Terms and Conditions of supply. Following a public consultation on the document, the CER published the approved Irish Water Customer Handbook in August 2014. On 17th February 2015, the CER published a revised version of the Irish Water Customer Handbook which takes account of changes required following the enactment of the Water Services Act 2014. The revised handbook is available on the CER website at:

http://www.cer.ie/docs/001009/CER15010%20Irish%20Water%20Customer%20Handbook.pdf.

The Water Services Act 2014 provides that there will be a statutory basis for the investigation by the CER of customer complaints, which Irish Water has not resolved. This will be similar to the service operated by the Commission for the gas and electricity markets. An updated Irish Water Code of Practice on Complaint Handling has been sent to the CER for approval, to reflect the legislative change.

In addition, the CER will be engaging with both Irish Water and the Environmental Protection Agency (EPA) to develop complementary complaints processes to ensure customers are directed in an efficient manner to the appropriate organisation with their complaint or query. In this regard, it should be noted that Irish Water is also subject to statutory supervision by the EPA and the Health Service Executive in respect of any environmental and human health aspects of its water services provision.

Mortgage to Rent Scheme Administration

Questions (169)

Finian McGrath

Question:

169. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding a bank issue; and if he will make a statement on the matter. [8396/15]

Written answers

Minister for the Environment, Community and Local Government

On foot of the recommendations of the Keane Report on mortgage arrears the Government launched the Approved Housing Body (AHB) Mortgage to Rent scheme , for properties secured with private mortgages, on a pilot basis in February 2012 and extended it nationally in June 2012.

To be eligible for the AHB-mortgage-to-rent scheme a household must have had their mortgage position deemed unsustainable under the Mortgage Arrears Resolution Process, agree to the voluntary surrender of their home, be in negative equity, and be deemed eligible for social housing in accordance with section 20 of the Housing (Miscellaneous Provisions) Act 2009 .

The Government remains committed to helping families remain in their homes and in an effort to increase the numbers delivered under the AHB scheme a new protocol between all parties in the process, including the banking sector, came into operation in June 2014. The protocol includes such measures as the provision of a single independent valuation for the purpose of agreeing the purchase price.

Fire Safety

Questions (170)

Micheál Martin

Question:

170. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the situation involving a building (details supplied) in County Clare; if he or his Department have investigated the circumstances surrounding the building's fire safety compliance; and if he will make a statement on the matter. [8317/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in commercial buildings.

Compliance with the statutory requirements that apply to a building, or works in relation to a building, is first and foremost a matter for the owners, designers and builders concerned. I understand that Clare County Council in its capacity as Fire Authority is proactively engaging with the owners of the units in this multi-unit complex to resolve a number of problems that have been identified. I would advise all owners to cooperate with the Fire Authority in carrying out its statutory role.

Neither I nor my Department have any function in assessing, checking or testing compliance, or otherwise, of specific works or developments, nor can I or my Department influence or interfere in the handling of specific cases by local authorities who are at all times independent in the use of their statutory powers.