Written Answers Nos. 566-578
566. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the position regarding the extension of the slurry and fertiliser spreading dates; his plans to introduce a more practical system than the calendar farming system that currently exists; and if he will make a statement on the matter. [6683/15]
View answerThe Nitrates Directive and Ireland's third National Nitrates Action Programme are given legal effect by the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014, as amended. The objective of the Regulations is to protect ground and surface waters, including drinking water sources, primarily through the management of livestock manures and other fertilisers. Specified closed periods for the spreading of fertilisers, including slurry, are a key aspect of the Nitrates Regulations. They are a requirement of the Nitrates Directive and are mandatory in every Member State. The closed periods in Ireland were decided following extensive consultation and were discussed with farming bodies and the European Commission at the time.
Good agricultural practice involves the application of fertilisers at a time when grass and other plants are growing actively in order to maximise the uptake of nutrients by crops and to minimise pollution to water. The provisions of the Regulations are underpinned by scientific research and good agricultural practice. The most recent scientific studies carried out on a diverse range of farm and soil types as part of Teagasc’s on-going Agricultural Catchments Programme has provided further evidence in support of the efficacy of the prohibited spreading periods in reducing nutrient losses to waters. In addition, the National Farm Survey has shown that prior to the introduction of the Nitrates Regulations less than 5% of slurry was applied during what is now termed the prohibited spreading period. This was due to farmers understanding the benefits of applying slurry during the growing season when it will be most efficiently used by grass and crops.
Ireland’s Nitrates Action Programme was extensively reviewed in 2013 by an expert group, jointly chaired by my Department and the Department of Agriculture, Food and the Marine. This group discounted suggestions of flexibility with regard to the commencement of closed periods as the weight of scientific evidence identified Autumn/early Winter spreading as most sensitive to nutrient loss. The group also noted that the application of organic fertiliser at this time of the year represents an unacceptable risk to the environment as well as a loss of valuable fertiliser product as there is little or no take-up of nutrient during the dormant season.
Arrangements for the next review of the Nitrates Action Programme will be outlined in due course.
567. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the number of individual landlords registered with the Private Residential Tenancies Board; the number who own one property only, two to five properties and more than five properties; and if he will make a statement on the matter. [9112/15]
View answerThe Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector and the Act provides that landlords in the sector must apply to the Private Residential Tenancies Board (PRTB) to register the tenancy of a dwelling within one month of the commencement of the tenancy. The published register lists the addresses of all tenancies registered with the PRTB. Details of the register on a county or, in the case of Dublin, a postcode basis are available on the PRTB website at https://portal.prtb.ie/public_registrations.aspx. The published register does not contain any information that could lead to the disclosure of the identity of the landlord or tenant or the rent payable.
In 2014, the PRTB commissioned a study entitled the Future of the Private Rental Sector to explore the policy options to ensure a sustainable private rented sector into the future. The report was published in October 2014 and showed that there were 156,643 landlords who had 300,543 tenancies registered with the PRTB. The study found that 65% of landlords own just one property, 82% of landlords have two or less properties and almost 91% of landlords have three or less properties. The full report is available on the PRTB website at http://www.prtb.ie/docs/default-source/pdf-manuals/future-of-the-private-rented-sector.pdf?sfvrsn=0.
568. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the number of days that elapsed between the coming into operation of the Water Services (No. 2) Act 2013, generally, and the commencement of the statutory authority of Irish Water to issue and collect composite connection charges under section 8 of the same Act; if section 8 still is in effect at this date; and if he will make a statement on the matter. [9116/15]
View answer569. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if the levying of a composite connection charge by Irish Water is consistent with Ireland’s obligations under the Aarhus directive; and if he will make a statement on the matter. [9117/15]
View answerI propose to take Questions Nos. 568 and 569 together.
With effect from 1 January 2014, following the commencement of the Water Services (No. 2) Act 2013, Irish Water is responsible for public water services. Section 8 of the Act which commenced on that date, provided Irish Water with the power to impose a water connection charge with effect from the 1 January 2014 on the same basis as local authorities had charged for this service prior to that date. As provided for in section 8(3) of the Act, section 8 ceased to have effect following the commencement of section 21 of the Act on 1 October 2014. Section 21 of the Act provides that Irish Water shall charge each customer for the provision of services provided by it in accordance with a water charges plan to be approved by the Commission for Energy Regulation (CER). Section 22(5) of the Act provides that a water charges plan may make provision for a charge in respect of the provision of a service connection (within the meaning of the Water Services Act 2007) to or in respect of a premises. In its decision on Irish Water’s Water Charges Plan, published in October 2014, the CER stated that, until it made a decision on Irish Water’s new connection charges, Irish Water should continue to apply rates equivalent to those which were applied by the local authorities at 31 December 2013.
The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (otherwise known as the Aarhus Convention) lays down a set of basic rules to promote citizens’ involvement in environmental matters and improve enforcement of environmental law. The CER is currently working with Irish Water to develop a high level work plan for the year ahead and this will include the new approach to connection charges. This plan will be published in the coming weeks. A more detailed work plan outlining the consultation schedule for connection charges will be published later this year. The CER has informed my Department that it will consult widely with stakeholders when considering any submission from Irish Water, and that there will be many opportunities for interested parties to participate in the consultations on the new connection charging policy.
570. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government his plans to amend the construction regulations for one-off houses; and if he will make a statement on the matter. [8866/15]
View answerI refer to the reply given in the Topical Issues Debate on this matter on 25 February 2015 which sets out the up-to-date position.
571. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government if his Department, or State bodies or agencies under the aegis of his Department, use solicitors' firms (details supplied); the amount paid to these solicitors, each year, from 2011 to 2014, by his Department or State bodies or agencies under the aegis of his Department; the date until which his Department or State bodies or agencies under the aegis of his Department are contracted to use these solicitors' firms; and if he will make a statement on the matter. [9193/15]
View answerInformation sought in relation to amounts paid by my Department to the firms of solicitors in question is set out in the table. The services concerned have been provided, as required, primarily in connection with my Department’s role in relation to foreshore licensing.
|
Firm |
2011 |
2012 |
2013 |
2014 |
Total |
|
Arthur Cox |
€ 97,510 |
€ 61,307 |
€ 71,855 |
€ 39,010 |
€ 269,682 |
|
McCann Fitzgerald |
€ - |
€ - |
€ - |
€ - |
€ - |
|
Total |
€ 97,510 |
€ 61,307 |
€ 71,855 |
€ 39,010 |
€ 269,682 |
The table does not include legal fees associated with the Tribunal of Inquiry into Certain Planning Matters and Payments. Legal fees paid by agencies or bodies under the aegis of my Department are a matter for the agencies/bodies concerned.
572. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government the obligations on local authorities to ensure that developers meet all future taking-in-charge requirements when developing new housing estates; the rights housing estates have when it comes to being taken in charge; and if he will make a statement on the matter. [9206/15]
View answerMy Department’s Circular Letter PD 1/08 on Taking in Charge of Residential Developments/Management Arrangements which issued in February 2008 sets out the policy to be adopted by planning authorities in relation to the taking in charge of housing estates. Paragraph 3.4 of the Annex to the Circular refers to the early identification of the areas to be taken in charge and states that:
Authorities must address the taking in charge issue at pre-application consultation stage, when the type of residential development and the standards proposed can be discussed. Applications for residential development should delineate the area that would, in accordance with this document, potentially fall to be taken in charge on the site layout map. It is envisaged that, generally, certain core services will always be taken in charge (see section 2.1) and planning authorities must ensure that the design of the approved development will facilitate this by separating the areas/facilities that will be taken in charge from those that will not. Sewers and water mains should not be located under landscaping or allocated parking area that will not be taken in charge.
Paragraph 3.5 of the Annex sets out appropriate planning conditions that should be attached to permissions for residential developments including conditions for -
- the giving of adequate financial security (section 34(4)(g)) and the length of time the security must remain in place;
- the facilitation of inspections by the planning authority;
- the phasing of the development, if appropriate (S.34(4)(h));
- the completion of the development in accordance with specified standards;
- the evidence to be produced by the developer to demonstrate that the residential development has been completed to the appropriate standards (see section 4.2) and the time period for the production of such evidence.
Paragraph 3.6 deals with inspection of construction and states -
Ensuring that residential developments are completed in accordance with the planning permission is an essential part of a comprehensive taking in charge policy. It is important that the construction of the development be regularly inspected by the planning authority to ensure satisfactory completion in accordance with the permission. It is also necessary for the planning authority to satisfy itself, when the developer has ceased construction or notified the planning authority that construction is complete, or after the planning permission has expired, that the development is properly completed in line with the planning permission and, where it is not properly completed, to take early and effective enforcement action.
Circular Letter PD 1/08 was incorporated into my Department’s Planning Guidelines on Sustainable Residential Development in Urban Areas which were issued to planning authorities in February 2008. These Guidelines were issued under section 28 of the Planning and Development Act 2000 and accordingly, planning authorities are statutorily required to have regard to them in the performance of their functions under the Act.
In relation to enforcement action, the Planning and Development Act 2000, as amended, places clear statutory obligations on planning authorities in relation to unauthorised development. Where a planning authority receives a written complaint regarding an unauthorised development, or otherwise becomes aware of unauthorised development (except in the case of trivial or minor development), it is required to issue a warning letter in relation to the unauthorised development concerned.
In addition, planning authorities are statutorily obliged to carry out an investigation and expeditiously decide whether an enforcement notice should be issued or a court order should be sought, under section 160 of the 2000 Act. Where a planning authority establishes, following an investigation, that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out, and the person who has carried out the development has not proceeded to remedy the position, then the planning authority must issue an enforcement notice or seek a court order, unless there are compelling reasons for not doing so. Furthermore, the planning authority’s decision on whether to issue an enforcement notice must be entered on the planning register and, in cases where it is decided not to issue an enforcement notice, any complainant must be so informed.
Section 180 of the Planning and Development Act, 2000 provides, in relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, that the planning authority must if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the procedures for taking the estate in charge.
In relation to estates which have not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within seven years of the expiration of the relevant permission, section 180 also provides that the planning authority must, if requested to do so by the majority of the owners, initiate the taking in charge procedures.
My Department is currently reviewing, in the context of the forthcoming Planning and Development (No. 2) Bill, the section 180 provisions relating to the taking in charge of housing estates with a view to improving and streamlining the relevant procedures. A particular focus of this review will be the time limits for the taking in charge of housing estates. My Department will consult with planning authorities in this regard.
573. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government in view of the fact that the rationale for the absence of greenhouse gas reduction targets in the Climate Action and Low Carbon Development Bill 2015 is that Ireland already is subject to binding European Union targets, and that the Minister is on record as stating these same targets are unrealistic and unachievable (details supplied), whether he currently is lobbying for changes to the binding European Union targets; and if he will make a statement on the matter. [9221/15]
View answerPursuant to the EU’s Effort Sharing Decision of 2009 (Decision No 406/2009/EC of 23 April 2009), Ireland has legally binding greenhouse gas (GHG) emission reduction targets in the period from 2013 to 2020, inclusive. Moreover, negotiations are currently in progress at an EU level to agree GHG mitigation targets for all Member States, including Ireland, for the period from 2021 to 2030. This process of GHG mitigation target setting is likely to continue up to the year 2050. Putting in place our own GHG mitigation targets would cut across and interfere with this EU target-setting process. Our focus, therefore, is on putting in place appropriate and proportionate mitigation policy measures across the sectors with the most significant emissions, as provided for in the Climate Action and Low Carbon Development Bill 2015.
As negotiations on the EU’s Effort Sharing Decision concluded in 2009 and cannot now be re-opened, our efforts are focused on engaging with the European Commission and Member States on proposals in respect of national GHG mitigation targets up to 2030 that are fair, transparent and cost-effective, taking due account of Member States’ specific circumstances and mitigation capacities.
574. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding voting by proxy; and if he will make a statement on the matter. [9243/15]
View answerIn order to be able to vote at elections and referendums in Ireland, a person’s name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. With the exception of postal and special voters, all registered electors must attend in person at their local polling station in order to vote. There is no provision in electoral law to allow for proxy voting.
Postal voting is provided for in electoral law in respect of certain categories of person who are entered in the register of electors - whole-time members of the Defence Forces; members of An Garda Síochána; Irish diplomats serving abroad and their spouses or civil partners; electors living at home who are unable to vote because of a physical illness or a physical disability; electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day and full-time students registered at their home who are living elsewhere while attending an educational institution in the State; certain election staff employed at the poll outside the constituency where they reside; and electors who because of the circumstances of their detention in prison pursuant to an order of a court are likely to be unable to go in person on polling day to vote.
Qualifying voters can apply to their local authority for inclusion in the postal voters lists. Electors who are eligible for, but not already included in, the postal voters list may apply for entry into the supplement to these lists. Such applications must be received by the registration 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.
While electoral law is subject to ongoing review, I have no proposals at present to introduce proxy voting or to extend existing arrangements for postal voting. In responding to the recommendation of the Constitution on the Convention in their fourth report that there should be greater access to postal voting, the Government proposed that an electoral commission be tasked in due course with considering the issue and advising in detail on the electoral and operational implications, including costs, of implementing change in this area. As regards the Electoral Commission, last month I published a consultation paper as part of the pre-legislative phase of the Electoral Commission Bill in the Government legislation programme.
575. Deputy James Bannon asked the Minister for the Environment, Community and Local Government if he will accept instalment payments of back tax due on a vehicle in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [9247/15]
View answerMotor tax legislation provides that, when taking out a tax disc, a vehicle owner is liable for arrears in respect of each month from the date of last taxing or from the date of purchase of the vehicle. There is no provision whereby motorists can come to individual payment arrangements with a licensing authority. Any such change to the basis of payment for motor tax would be required to be underpinned by primary legislation and be made equally available to all motorists. There would also be an additional administrative cost associated with providing such a facility.
576. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government the position whereby a lake or river of national importance is surrounded or bordered by land in private ownership and in that context, whether the right of access by members of the general public to the lakeshore can be restricted or circumscribed by the landowners concerned and the extent to which this will be enforced; and if he will make a statement on the matter. [9277/15]
View answerThe majority of Ireland’s trails and walking routes are “permissive access routes” that have been developed with the agreement of private landowners, both public and private. This consensus approach is underpinned by the principle of mutual respect between landowners and recreation users, with the acceptance of the rights of landowners regarding access to their land and the need of recreation users to have reasonable access to the countryside.
Unless a public right of way exists, access to any lake or river which is surrounded or bordered by land in private ownership, is at the discretion of the landowner, and the extent to which access by members of the public to the features referred to in the Question is permitted, is within the control of the landowner.
577. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government the position regarding housing estates where management companies have gone into receivership and the power for public lighting is being cut off and services within the estate are being discontinued, where homeowners within these estates have paid property tax in the expectation that local services would be provided but this has not been the case to date; his plans to address this situation, which has become increasingly common across the country; and if he will make a statement on the matter. [9322/15]
View answerPrior to the issuing of Circular Letter PD 1/08 by my Department in February 2008, some planning authorities had granted planning permissions in respect of conventional housing developments on the basis that their future maintenance would be provided by means of private management companies. The circular letter advised planning authorities against adopting this practice into the future.
In such housing developments and where difficulties are arising with management companies and maintenance arrangements within the estate, including in relation to public lighting, section 180 of the Planning and Development Act 2000, as amended, provides, in relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, that the planning authority must if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the procedures for taking the estate in charge.
In relation to estates which have not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within seven years of the expiration of the planning permission relating to the development, section 180 also provides that the planning authority must, if requested to do so by the majority of the owners, initiate the taking in charge procedures.
My Department is currently reviewing, in the context of the forthcoming Planning and Development (No. 2) Bill, the provisions in section 180 of the Planning and Development Act 2000, as amended, relating to the taking in charge of housing estates with a view to improving and streamlining the taking in charge procedures. A particular focus of the review will be the time limits for the taking in charge of housing estates. My Department will consult with planning authorities in this regard.
578. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government if he will clarify where the Water Services Act 2013 states that Irish Water is legally permitted to install meters in estates not taken over by a local authority. [9324/15]
View answerSection 20 of the Water Services Act 2013 provides Irish Water with the authority to install water meters in dwellings connected to a public water supply. Section 7 of the Water Services (No. 2) Act 2013 provides for the transfer of all functions conferred on water services authorities by the Water Services Act 2007 to Irish Water. Accordingly, section 72 of the 2007 Act provides that Irish Water may supply water by measure and to meter or otherwise measure the volume of water supplied or the volume of waste water discharged. Section 72 also provides Irish Water with the authority to access, install, read, repair or replace a water meter.
