Written Answers Nos. 875-890
875. Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government the actions taken following the publication of a report by the European Environmental Agency entitled, Revealing the Cost of Air Pollution, in respect of organisations (details supplied) here; and if he will make a statement on the matter. [11361/15]
View answerNational and EU standards in relation to emission concentrations, fuel quality and operating conditions are set to apply to a wide range of sources to minimise and limit any damage to the environment.
In relation to industrial emissions, certain installations, including the seven referred to in the question, are subject to the licensing, monitoring and enforcement requirements of the Industrial Emissions Directive (IED). The activities of companies operating with an IED licence are monitored and inspected by the Environmental Protection Agency (EPA) to ensure that the terms of their licences are respected, including in relation to emissions. The emission limits are set to ensure an appropriate balance which allows the operation of industry applying good practice, and protection of human health and the environment. Under the EPA Acts 1992 to 2011, I am precluded from exercising any power or control in relation to the performance by the EPA of its licensing functions in specific cases.
The EEA report referenced in the question does not indicate whether the emissions of a given installation are consistent with its legal IED requirements. All seven industrial plants are IED licensed installations and monitoring undertaken by the EPA has shown that emissions from all seven plants are substantively in compliance with the emission levels prescribed in their IED licences. Any minor infractions have been subject to oversight by the EPA and follow-up corrective action by the operator.
876. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government if geo-engineering is taking place; and if he will make a statement on the matter. [11371/15]
View answerI assume that this question relates to the potential role that geo-engineering may play in tackling the effects of climate change directly. I am not aware of any instances where such interventions are being planned. My focus, at this point in time, is to put in place appropriate mitigation measures at the National level to reduce greenhouse gas emissions. In this regard, the Climate Action and Low-Carbon Development Bill 2015, which was published in January 2015 sets out proposed statutory provisions for the development of a National Mitigation Plan, the primary objective of which will be to track implementation of mitigation measures already underway and to identify additional measures to reduce greenhouse gas emissions and progress the overall national low carbon transition agenda to 2050. In anticipation of enactment of the planned legislation, work is already underway on developing the National Mitigation Plan.
877. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the proposed green walkway for south Kerry; if consideration has been given to providing a maintenance payment for the farmers involved in return for their taking care of the section that passes through their land; and if he will make a statement on the matter. [11373/15]
View answerMy Department administers the Walks Scheme which was launched in 2008. This is a maintenance based scheme whereby landowners receive modest payments to maintain sections of walking trails that traverse their lands. Due to budgetary constraints it is not possible to develop new walks, such as the one referred to by the Deputy, under the existing Walks Scheme at this time. However, there continue to be 39 trails covered by the Scheme. In 2014, payments to participants exceeded €1.8m. The number of participants on the scheme currently stands at 1,896.
878. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government his plans to provide an allowance to householders in areas with hard water to assist with the additional costs associated with the flushing of water softeners; and if he will make a statement on the matter. [11388/15]
View answerUnder the European Union (Drinking Water) Regulations 2014, a copy of which is available in the Oireachtas library, suppliers of drinking water are required to ensure that the water supplied is wholesome and clean. Water which is wholesome and clean is defined as water which is free from any micro-organisms and parasites and from any substances which, in numbers or concentrations, constitute a potential danger to human health and which meets the quality standards specified in the Schedule to the Regulations. Hard water is not included as a parameter in the quality standard tables included in the Schedule to the Regulations as neither it, or associated substances such as lime, calcium and magnesium, pose a threat to human health.
The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from each customer in receipt of water services provided by it. The Act also 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 Water Charges Policy Direction issued to the CER in July 2014 referred to a number of matters relating to domestic water charges, including where the quality of water services provided by Irish Water to its customers is impaired or where services are reduced or restricted. Where customers are subject to a drinking water restriction notice, affected customers will receive a 100% discount to the water supply portion of their bill for the duration of the restriction. However, as hard water does not require the restriction of a supply, discounts would not apply in such cases. There are no plans to introduce any scheme of financial support in respect of water-softening technologies.
879. Deputy Brian Walsh asked the Minister for the Environment, Community and Local Government the local authorities that availed of departmental approval for the recruitment of architects in 2014 as part of the social housing strategy; if it is still open to local authorities to recruit architects; and if he will make a statement on the matter. [11399/15]
View answerIt is open to all local authorities to submit staffing sanction requests to facilitate the delivery of the Government's Social Housing Strategy. Each staffing sanction request is examined on a case by case basis having due regard to the continued delivery of key services in the context of staffing and budgetary constraints. The table sets out architect positions, including technician and graduate positions, that my Department has approved to date in order to deliver on the goals set out in the Housing Strategy.
|
Local Authority |
Date of Staffing Request |
Title of Post(s) |
Number of Post(s) |
|
Fingal |
05/12/2014 |
Senior Architect |
1 |
|
Fingal |
05/12/2014 |
Senior Executive Architect |
1 |
|
Fingal |
05/12/2014 |
Executive Architect |
1 |
|
Fingal |
05/12/2014 |
Assistant Architect |
1 |
|
South Dublin |
20/01/2015 |
Graduate Architect |
1 |
|
Dun Laoghaire Rathdown |
23/01/2015 |
Graduate Architect |
2 |
|
Dublin City |
03/02/2015 |
Senior Architect |
1 |
|
Westmeath |
04/02/2015 |
Executive Architect |
1 |
|
Wicklow Co |
05/02/2015 |
Senior Executive Architect |
1 |
|
Limerick City & Co |
13/02/2015 |
Senior Executive Architect |
1 |
|
Limerick City & Co |
13/02/2015 |
Executive Architect |
1 |
|
Limerick City & Co |
13/02/2015 |
Assistant Architect |
1 |
|
Limerick City & Co |
13/02/2015 |
Graduate Architects |
2 |
|
Limerick City & Co |
13/02/2015 |
Graduate Architect Graphic Design |
1 |
|
Limerick City & Co |
13/02/2015 |
Senior Architectural Technician |
1 |
|
Limerick City & Co |
13/02/2015 |
Architectural Technician Grade 1 |
1 |
|
Dublin City |
19/02/2015 |
Graduate Architect |
1 |
|
Donegal |
06/03/2015 |
Executive Architect |
1 |
|
Donegal |
06/03/2015 |
Executive Architectural Technicians |
2 |
The requests outlined below are currently being assessed in my Department and decisions on these requests are expected to issue shortly.
|
Local Authority |
Date of Staffing Request |
Title of Post(s) |
Number of Post(s) |
|
Wicklow |
08/01/2015 |
Executive Architect |
1 |
|
Clare |
29/01/2015 |
Executive Technician (Architectural) |
1 |
|
Cork City |
26/02/2015 |
Senior Executive Architect |
1 |
|
Cork City |
26/02/2015 |
Project Architect |
1 |
|
Cork City |
26/02/2015 |
Executive Architect |
1 |
Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for staffing and organisation arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible.
880. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will provide funding to allow for the extension of a property (details supplied) in Dublin 17. [11446/15]
View answerI refer to the reply to Question No 538 of 3 March 2015. The position is unchanged.
881. Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government the action the Private Residential Tenancies Board can take to recover money owed by tenants to landlords after the tenants have vacated the accommodation they were renting; and if he will make a statement on the matter. [11448/15]
View answerThe Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants in this sector.
Receipt of a determination order is the official notification to parties of the final outcome of a dispute resolution case. A determination order sets out the terms to be complied with, including any payments owing and the length of time given to comply. In making determination orders, the PRTB-appointed adjudicators, mediators or Tribunal members as the case may be, can make provision to allow for payment of awards in instalments to facilitate recovery of the award, based on the circumstances of the case.
A party who fails to comply with one or more terms of a determination order is open to having legal proceedings taken against him or her in the Courts. Under the Act, enforcement of PRTB orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. However, while there is no legal obligation on the PRTB to enforce, the Board takes the issue of non-compliance with determination orders very seriously. During 2013, it referred 394 cases to its legal advisors for enforcement proceedings. It is also open to parties to pursue enforcement independently through the Courts, including the seeking of a garnishee order.
It should be noted that going to Court does not of itself ensure successful enforcement and more particularly, recoupment of an award. In many cases the best option, and one which the PRTB facilitates, is for the parties to agree a schedule of payments.
882. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of the previous plans for Ballymun shopping centre in Dublin 9; and the rationale for not redeveloping the existing centre, as was the case with the Northside Shopping Centre, in line with the wishes of the majority of residents. [11462/15]
View answerPlanning permission for the redevelopment of the privately owned Ballymun Shopping Centre and the adjoining lands owned by Dublin City Council was granted in September 2009 for a period of 10 years. The proposed redevelopment of the area did not proceed at that time due to the prevailing economic conditions. However, the provision of commercial, retail and other services in Ballymun, and at this prominent site in particular, remained an important objective within the context of the overall regeneration programme.
The City Council completed the acquisition of the centre in December 2014. The Council have advised that they are engaged in active negotiations with the remaining tenants, with the objective of progressing the redevelopment of this site.
883. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the reason a residential estate (details supplied), which is on the list of exempted estates for the local property tax, was previously not exempt from the household charge; if his attention has been drawn to the fact that this has caused confusion among residents; if the estate will be retrospectively exempt from the household charge; and if he will make a statement on the matter. [11463/15]
View answerThe Local Government (Household Charge) Act 2011 provides the legislative basis for the household charge. Under the Act, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge, unless otherwise exempted or entitled to claim a waiver.
Section 4(4)(b) and section 4(6) of the Act provide that a waiver from the charge applies in 2012 and 2013 to properties in certain unfinished housing estates specified in a list prescribed by the Minister. As part of the process of preparing the National Housing Survey 2011, published by my Department in October 2011, local authorities provided details of all unfinished housing developments in their areas. Unfinished housing developments were divided into one of four categories, as follows:
- Category one, where the development is still being actively completed by the developer, or where no serious public safety issues exist;
- Category two, where a receiver has been appointed;
- Category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and
- Category four, where the development has been effectively abandoned and is posing serious public safety issues for residents.
Only households in developments in categories three and four are eligible for the waiver from payment of the household charge. The development in question was categorised by Cork County Council as a category one development and as such was not eligible for a waiver from the household charge. The list of developments in which households are eligible for the waiver is set out under the Local Government (Household Charge)(Amendment) Regulations 2013.
An exemption from the Local Property Tax (LPT) applies to developments listed in the Schedule to the Finance (Local Property Tax) Regulations 2013. The list of unfinished housing developments eligible for the exemption was compiled by local authorities based on data from the National Housing Survey 2012, which was carried out over the course of summer 2012 by my Department in conjunction with local authorities and the Housing Agency. A similar approach to that which applied to the waiver of the Household Charge was followed but using the revised methodology used in the 2012 Survey which included a new criterion identifying developments in a “seriously problematic condition” and to which the LPT waiver was applied.
The administration of issues relating to unfinished housing developments is a matter for individual local authorities. Each local authority has appointed an Unfinished Housing Development co-ordinator; contact details can be found at: http://www.housing.ie/our-services/unfinished-housing-developments/local-authority-contacts.aspx.
885. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government the names and technical qualifications of individual technical experts who sat on the marine licence vetting committee that conducted the environmental impact assessment of the Codling Bank 1 foreshore licence, which was granted in 2005; if he is unwilling to name these persons, the reason given the existence of this committee in an administrative tribunal role similar to that of An Bord Pleanála and the Garda Síochána Ombudsman Commission whose members are known to the public; and if he will make a statement on the matter. [11523/15]
View answer886. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government if the marine licence vetting committee had the appropriate jurisdiction to approve the offshore grid elements of the Codling 1 foreshore licence application and to grant approval for same; the legislative source of any assumed powers in this regard; if he will confirm that the offshore elements of the Codling 1 project will require planning permission over and above the foreshore licence; and if he will make a statement on the matter. [11524/15]
View answerI propose to take Questions Nos. 885 and 886 together.
In accordance with section 2 of the Foreshore Act 1933 (as amended), the power to enter into a lease in respect of State-owned foreshore rests solely with the appropriate Minister as defined in law. Section 13A(2)(c) of the Foreshore Act 1933 empowers the Minister to rely on the advice of officials, consultants, experts or other advisors in making a determination on foreshore applications requiring environmental impact assessment. There are a number of statutory consultees with whom I am obliged to consult on foreshore consent applications. Among these are the public bodies that generally participate in the Marine Licence Vetting Committee (MLVC); the Marine Institute, Department of Transport, Tourism and Sport (Marine Survey Office), Department of Arts, Heritage & the Gaeltacht (Underwater Archaeology and Nature Conservation), Sea Fisheries Protection Authority and Inland Fisheries Ireland.
The MLVC is an ad hoc mechanism used to bring together key stakeholders in the foreshore consent process and is not comparable to either An Bord Pleanála or the Garda Síochána Ombudsman Commission. The constitution of the MLVC, as a non-statutory committee, can change depending on the scale, location, and type of foreshore application. With regard to the expertise of the participants, it is a matter for each relevant public body to ensure that its officials are appropriately qualified and experienced. Information on the qualifications and experience of employees of other organisations is not held by my Department. Those representatives of my Department that participate in the MLVC have the appropriate professional qualifications and experience commensurate with my Department's role in foreshore consenting. The names of the individuals that participated in the MLVC as part of the consideration of the application concerned will be compiled and forwarded separately.
In 2005, when the lease for an offshore wind-farm was granted to Codling Windpark Ltd, the then Minister with responsibility was the Minister for Communications, Marine and Natural Resources. The offshore grid elements of the Codling I project, including cable routes and an offshore sub-station, were considered as part of the environmental impact assessment carried out as part of the decision-making process. The requirement for Ministerial consent to commence operations is dealt with under Section 6 of the executed lease document, whereby the Minister is not obliged to grant consent pursuant to clause 6, unless and until the lessee has obtained and provided to the Minister in respect of the relevant works, activities or operations copies of all necessary consents including, the appropriate licences to generate and supply electricity. The foreshore lease explicitly prohibits any work from commencing in the leasehold area until such time as the necessary authorisations and licences are in place.
887. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if he will provide, in tabular form, the number of administrative officers, excluding SEE and analogous but including acting-up and temporary, employed in each level 5 local authority; and if he will make a statement on the matter. [11528/15]
View answerThe information requested in not available in my Department. Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for staffing and organisation arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible.
888. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that Sligo County Council has borrowings in excess of €23 million, which it is only capable of paying the interest on; if his attention has been further drawn to the fact that the council is incapable of paying off any of the principal; if his further attention has been drawn to the fact that his Department approved the loans in question; if his Department will now take responsibility for the financial difficulties of the council and provide a financial bailout to assist the council in reducing its debts; and if he will make a statement on the matter. [11529/15]
View answerIt is a matter for each local authority, including Sligo County Council, to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which include adopting the annual budget and authorising borrowing, and are democratically accountable for all expenditure by the local authority.
The continued deterioration of Sligo County Council's financial position is of serious concern to me. While it is a matter for individual local authorities to manage their own day-to-day finances in a prudent and sustainable manner, my Department is in regular consultation with the Council in relation to its financial position, including in relation to the agreement of a long term financial plan and debt management plan.
I have set aside an allocation of €1million in additional funding for 2015 for Sligo County Council to assist it to take the steps necessary to move to a more sustainable financial position; Sligo County Council also received an additional €250,000 in 2014 for these purposes. The payment of this additional funding for 2015 remains fully conditional on a realistic and achievable financial plan, which charts a path to long term financial sustainability, being agreed between my Department and the Council; this process is on-going.
889. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government the number of estates which have applied to be taken in charge by Galway City Council and Galway County Council and are waiting for approval; the number that have been approved and taken over by Galway City Council and Galway County Council in the past 12 months; and if he will make a statement on the matter. [11545/15]
View answerAccording to the 2013 Report on Service Indicators in Local Authorities, which was published by the Local Government Management Agency in December 2014, the following are the most recent details in relation to the taking in charge of housing estates in Galway City and County.
Table 2013
|
- |
Council |
No. |
|
The number of residential estates for which the planning permission has expired, in respect of which formal written requests for taking in charge (from residents or developers), were on hands at the beginning of year |
Galway City Council |
6 |
|
Taken in Charge during year |
Galway City Council |
0 |
|
The number of residential estates for which the planning permission has expired, in respect of which formal written requests for taking in charge (from residents or developers), were on hands at the beginning of year |
Galway County Council |
106 |
|
Taken in Charge during year |
Galway County Council |
9 |
The 2013 report is available on the Local Government Management Agency website at http://www.lgma.ie/en/serviceindicators/2004to2013.
890. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government the moneys allocated for storm damage repairs in 2015; the amount that has been allocated to County Galway; and if he will make a statement on the matter. [11547/15]
View answerThe Government decided on 11 February 2014 to allocate funding of up to €69.5 million to local authorities in the areas worst affected by the first phase of severe weather in respect of the damage caused between 13 December 2013 and 6 January 2014. This was intended to support communities by restoring roads, coastal protection, amenities/facilities and other public infrastructure which had been damaged. It was agreed that the funding would be made available via the Votes of the appropriate Departments, viz Department of Transport, Tourism and Sport; Department of Agriculture, Food and Marine; the Office of Public Works and my own Department.
In the case of funding requirements which fall under the remit of my Department, viz, tourism infrastructure funded by the local authorities, certain piers, harbours and other facilities in the charge of the local authorities, current costs totalling €4 million and capital costs totalling €13.1 million were estimated initially for the first phase of severe weather. For the second phase of severe weather, from 27 January to 17 February 2014, local authorities estimated current costs of €3.5 million and €8.5 million in capital costs. Some additional works beyond the original €7.5 m initially estimated were identified under the current costs heading covering clean-up and necessary immediate repairs and by the end of 2014 €7.859 m was disbursed by my Department.
Current costs of €0.481 m were identified by Galway County Council of which €0.478 m was drawn down in 2014. With regard to capital costs, a total of €5.994 million was paid by my Department in 2014. In the case of Galway County Council, it identified capital costs totalling €3.012m under the expenditure headings listed above, covering both phases of severe weather, of which €0.338 m was drawn down in 2014.
Provision has been made in my Department's Vote for a further €10 million in respect of capital costs to be incurred by local authorities in 2015 on repair and remediation projects, including those projects to be progressed by Galway County Council, under the expenditure headings that fall under the remit of my Department as indicated above. While it is a matter for individual local authorities to decide which projects are to be progressed and in which timescales, local authorities have been advised to give priority to works that are significant for economic activity and support the tourism industry in particular.
My Department intends writing to local authorities shortly, including Galway County Council, inviting the submission of further claims for recoupment. As was previously the case, recoupment of funding will be based on the submission of certification by the local authority that expenditure has been incurred within the overall expenditure ceilings indicated. The 2015 funding position will be kept under review by my Department over the course of the year.
