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Thursday, 26 Mar 2015

Written Answers Nos. 230-239

Special Educational Needs Service Provision

Questions (230)

Catherine Murphy

Question:

230. Deputy Catherine Murphy asked the Minister for Education and Skills if she will account for the under-provision of spaces for children with special needs in the east Offaly/west Kildare area; her plans to address this; and if she will make a statement on the matter. [12549/15]

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Written answers

My Department's policies focus on ensuring that all children can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.

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), is responsible for processing applications from primary and post primary schools for special educational needs supports, including the establishment of special classes in various geographical areas as required. The NCSE operates within my Department's criteria in allocating such support.

Details of the number of special classes in each county are available on the NCSE website www.ncse.ie. The NCSE is also currently considering applications by schools to establish new special classes for the coming 2015/16 school year.

As this question refers to provision in the East Offaly/West Kildare area, I will arrange for the matter raised by the Deputy to be forwarded to the NCSE for their attention and direct reply to the Deputy.

School Staff

Questions (231)

Sean Conlan

Question:

231. Deputy Seán Conlan asked the Minister for Education and Skills if she will reverse her Department's decision to place a permanent teacher at a school (details supplied) in County Cavan onto the panel, in circumstances where the school has in excess of 25 hours allocated for resource and learning support, and has now lost two permeant teachers in one year. [12657/15]

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Written answers

The staffing and redeployment arrangements for primary schools for the 2015/16 school year are set out in Department Circular 0005/2015 which is available on my Department's website at www.education.gov.ie. The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent teachers with effect from 1 September, 2015 to other schools that have vacancies. The redeployment of all surplus permanent teachers is key to the Department's ability to manage within its payroll budget and ceiling on teacher numbers.

There is no change to the mainstream classroom staffing of the school referred to by the Deputy for the 2015/16 school year. However, the school has had a reduction in its GAM/EAL (learning/language support) allocation to 15 hours.

Where schools do not have sufficient GAM/EAL hours to create a full-time post, a process is in place for such schools to enter into cluster arrangements with neighbouring schools. This has been the case in St. Patrick's National School for a number of years. Following the school led process for clustering GAM/EAL hours, a Department led clustering process is initiated for any remaining hours in schools that have not been clustered. My Department has notified the school of such a cluster arrangement and that it will continue to be a base school for a shared GAM/EAL post for the 2015/16 school year. As a consequence there is no redeployment panel implication.

Non-Principal Private Residence Charge Administration

Questions (232)

Willie O'Dea

Question:

232. Deputy Willie O'Dea asked the Minister for the Environment, Community and Local Government if he is aware that many persons who reside outside the country and own homes here were unaware of the introduction of the non-principal private residence tax, and yet they are now facing interest and penalties for not paying the original tax; his views that this is fair; and if he will make a statement on the matter. [12540/15]

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Written answers

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non-Principal Private Residence Charge. The NPPR Charge, which has since been discontinued, applied in the years 2009 to 2013 to any residential property in which the owner did not reside as their normal place of residence. It is a matter for an owner, whether resident in Ireland or elsewhere, to determine if he or she has a liability and, if so, to declare that liability and pay the Charge and any late payment fees applicable.

My Department undertook an initial media campaign when the NPPR Charge was first introduced in 2009. Nationwide advertising has also taken place in each year since the introduction of the Charge under the auspices of the local authorities to ensure general awareness of the Charge and the liability dates. In addition, local authorities have undertaken their own advertising campaigns locally. The NPPR Project Board, in conjunction with individual local authorities, undertook a media campaign in 2014 aimed at reminding non-compliant owners that additional late payment penalties applied after 31 August 2014. The extensive radio and print media campaign reminded non-compliant owners of their obligations to come forward to regularise their affairs and to take advantage of this once-off grace period. While it is a necessary principle of law that all citizens are required to be aware of relevant legal obligations and duties in respect of such charges, as is the case in other jurisdictions, it remains my view that reasonable efforts have been made to ensure that property owners have been aware of the Charge and liability dates.

Local authorities have responsibility under section 9 of the 2009 Act to operate and collect the Charge. Under section 77 of the Local Government Reform Act 2014, my Department issued guidance to local authorities concerning matters relating to arrears of the NPPR Charge and late payment fees to ensure that a consistent national approach is adopted. The guidelines, which are available at http://www.environ.ie/en/Publications/LocalGovernment/Administration/FileDownLoad,37899,en.pdf encourage local authorities to take a proactive approach to ensure that any outstanding NPPR liabilities are discharged in the most equitable, efficient and economically beneficial manner. It is expected, in the majority of cases, that local authorities will collect the full NPPR Charge liability from owners. In some cases, this may be by means of arrangement by instalment. The Act places the Charge under the care and management of the local authorities and application in particular circumstances is a matter for the relevant local authority. All non-compliant owners should log on to www.nppr.ie or, alternatively, contact their local authority to discuss any matters they wish to clarify and to make their outstanding payments.

Local Authority Funding

Questions (233)

Clare Daly

Question:

233. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he is aware that his Department set aside an allocation of €1 million in additional funding for Sligo County Council in 2014, conditional on a realistic financial plan being agreed between his Department and the council by the end of 2014; that the Department decided to provide only €250,000 of the €1 million to the council, and that in the absence of a detailed plan being agreed before the end of 2014, no further payment was made to the council; if there are ongoing negotiations between his Department and the council in respect of the remaining €750,000; if the decision not to pay the €750,000 to the council is final or if will his Department will reconsider the matter, if a realistic financial plan is submitted to it; if consideration will be given to adding the €750,000 to the extra €1 million allocation set aside for 2015, if a realistic and achievable financial plan is agreed to; and if he will make a statement on the matter. [12365/15]

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Written answers

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.

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 received an additional €250,000 in 2014 for these purposes but, as the long term financial plan was not finalised last year, I was not in a position to pay the remaining €750,000 that had been set aside in 2014. The payment of 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.

Local Authority Housing Maintenance

Questions (234)

Joe Costello

Question:

234. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government the number of housing voids in Dublin City Council; the number back into use by the council in 2014 and in 2015 to date; the average length of time for repairs to be carried out; the amount of money drawn down by the council from his Department to bring voids into use; and if he will make a statement on the matter. [12373/15]

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Written answers

Statistics on local authority housing stock, including information on vacant stock and the average time taken to re-let available dwellings, are published annually by the Local Government Management Agency. The most recent statistics are in respect of 2013 and are available at the following link: http://www.lgma.ie/en/service-indicators-local-authorities-2013. In 2014, Dublin City Council returned 467 vacant properties to productive use with funding support from my Department at a cost of €6,163,464.

Funding made available under Budget 2015 will see 1,000 vacant units nationally being returned to productive use this year and will be allocated on an equitable and evidence-based system, based on the priorities submitted by local authorities, the degree of local housing need, the current numbers of vacant units, the length of time properties have been vacant and the cost effectiveness of the proposal. Proposals for works under this initiative received from local authorities are currently under consideration and details of allocations will issue shortly.

Private Residential Tenancies Board Remit

Questions (235)

Joe Costello

Question:

235. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government his plans to introduce legislation to provide certainty and security in the residential rental market; and if he will make a statement on the matter. [12379/15]

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Written answers

The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the sector and sets out the rights and obligations of landlords and tenants including in relation to rent, security of tenure and the termination of tenancies. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

The Residential Tenancies (Amendment)(No. 2) Bill 2012 is currently before the Oireachtas and will amend the Residential Tenancies Act 2004 to provide, inter alia, for:

- the inclusion of the Approved Housing Body (AHB) sector within the remit of the Residential Tenancies Act 2004;

- the introduction of a new procedure to deal with non-payment of rent;

- the introduction of a tenancy deposit protection scheme.

Security of tenure under the 2004 Act is based on rolling four-year tenancy cycles. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months and no notice of termination has been served in respect of that tenancy before the expiry of the period of 6 months, the tenancy is established for the remainder of the four year period. This is referred to in the Act as a 'Part 4' tenancy. Landlords and tenants may not contract out of any of the provisions of Part 4 of the Residential Tenancies Act and no lease, tenancy agreement, contract or other agreement may operate to vary or modify the provisions of Part 4 of the Act.

Where a Part 4 tenancy lasts for four years without a notice of termination being served by the landlord or the tenant, a further Part 4 tenancy comes into being and this will continue on at the expiration of each further four year period unless the tenancy is validly terminated by either the landlord or the tenant on one of the grounds under the Act. A landlord may not serve a notice of termination except in very clearly defined circumstances such as a failure by the tenant to comply with his or her obligations in relation to the tenancy.

The main cause of rising rents is a lack of supply in the market and the implementation of the range of actions under the Government's Construction 2020 Strategy will support increased housing supply. New house completions in 2014 amounted to 11,016 units nationally, up 33% on the 2013 figure. In the third quarter of 2014, planning permissions were granted for 2,144 dwellings, compared with 1,409 units for the same period in 2013 - an increase of 52%.

The Government's Social Housing Strategy 2020 sets out clear, measurable actions and targets to increase the supply of social housing, reform delivery arrangements and meet the housing needs of all households on the housing list. The total targeted provision under the Social Housing Strategy of 110,000 social housing units includes the delivery of 35,000 units and a further 75,000 solutions through the HAP and RAS schemes.

At the same time, I realise that the time-lag in terms of ramping up supply to match demand is fuelling a marked increase in rents, especially in Dublin and the major cities. This is leading to difficulties, particularly for lower-income households. I am monitoring the rental market closely and considering policy options in relation to achieving greater rent certainty. My overriding objective in relation to rents is to achieve stability and sustainability in the market for the benefit of tenants, landlords and society as a whole.

Social Inclusion and Community Activation Programme

Questions (236)

Joe Costello

Question:

236. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government if he will re-establish the inner city partnership; and if he will make a statement on the matter. [12380/15]

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Written answers

My Department's Local and Community Development Programme (LCDP) is the largest social inclusion intervention of its kind in the State and is being implemented on a transitional basis until the end of March 2015, pending the roll out of the new Social Inclusion and Community Activation Programme (SICAP) on 1 April 2015.

In accordance with the Public Spending Code, legal advice, good practice internationally and in order to ensure the optimum delivery of services to clients, SICAP is subject to a public procurement process, which is in its final stages. Tenderers have now been informed of the outcome of their tender and Local Community Development Committees (LCDCs) are in the process of issuing contracts to the successful tenderers.

The primary focus of my Department is to ensure that the front-line services being supported, particularly those focused on the needs of the most socially deprived communities, are protected, given the need to ensure best value for the scarce resources available. I am confident that the new programme will continue to provide key supports to those most in need in our communities.

I am satisfied that the procurement process was in line with good practice, conforming to EU norms, and I look forward to the commencement and roll out of SICAP on 1 April.

Since the cessation of the contract with Dublin Inner City Partnership for the delivery of the LCDP, my Department, in conjunction with Pobal, has ensured that LCDP services, for the communities in the inner city area, have been maintained in a co-ordinated manner. SICAP will be overseen and managed by the new Local Community Development Committees (LCDCs) in each Local Authority area. The configuration of delivery bodies/delivery arrangements for the Dublin Inner City area for local and community programmes is a matter for the LCDC of Dublin City Council to consider in consultation with the relevant stakeholders, commensurate with service needs.

Social Inclusion and Community Activation Programme Funding

Questions (237)

Joe Costello

Question:

237. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government if he is aware that the budget for community groups in Dublin’s inner city has fallen in 2015 by 38% for the period April to December 2014; the steps he will take to address this anomaly; and if he will make a statement on the matter. [12381/15]

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Written answers

My Department's Local and Community Development Programme (LCDP) is the largest social inclusion intervention of its kind in the State and is being implemented on a transitional basis until the end of March 2015, pending the roll out of the new Social Inclusion and Community Activation Programme (SICAP) on 1 April 2015.

In accordance with the Public Spending Code, legal advice, good practice internationally and in order to ensure the optimum delivery of services to clients, SICAP is subject to a public procurement process, which is in its final stages. Tenderers have now been informed of the outcome of their tender and Local Community Development Committees (LCDCs) are in the process of establishing contracts with the successful tenderers.

Following contract signature, Pobal will publish a Contract Award Notice in the Official Journal of the EU (http://ted.europa.eu /) and on the eTenders website (www.etenders.gov.ie) announcing the results of the procurement process. Such notice is likely to be published in early April 2015.

Within the constraints of the prevailing budgetary situation, I have been particularly conscious of the need to prioritise funding for the Local and Community Development Programme, until March 2015, and for its successor, the Social Inclusion and Community Activation Programme, from April 2015. My aim is to ensure that resources are allocated in the fairest way possible and to make the maximum contribution to tackling disadvantage, job creation and economic recovery.

My Department's intention is, over time, to use the available knowledge of population levels and disadvantage to ensure that available resources are targeted at areas of greatest need. As a tool to assist with this, a Resource Allocation Model, or RAM, has been developed which allows relative disadvantage to be measured across all census areas. In order to achieve the objective of moving towards allocating resources according to this model, my Department has in recent years worked to ensure that funding is protected for those areas which the RAM shows have greatest needs. This principle was used in deciding on funding allocations for SICAP and I am satisfied that the funding allocated to Dublin Inner City under SICAP is a fair allocation of resources for the area concerned.

The funding reduction referred to has to be seen in the context of a number of specific factors which applied to the Dublin Inner City funding arrangements under the current Programme. In particular, the Community Development Programme funding model was not based on population and deprivation levels, as is proposed for SICAP; instead providing funding for two staff, on average, and overheads in each project. In addition, the fact that there was no Local Development Company in the Inner City inevitably gave rise to a higher number of separate structures and associated costs relative to other areas, creating scope for efficiency savings to be made in the new arrangements under SICAP.

My Department has continued to ensure that LCDP services, for the communities in the Dublin Central area, have been maintained in a coordinated manner through LCDP interim funding arrangements until 31 March 2015.

In terms of the transition thereafter, funding of some €0.6 million, separate to and outside of SICAP, is being provided to certain Dublin Central groups (former Community Development Projects), pending agreement with Dublin City Council and the Local Community Development Committee (LCDC) on an optimum delivery mechanism for the services in the area. This funding is entirely separate to the €0.63 million which is being provided to the Dublin Central area under SICAP. The groups in question are:

- An Siol

- Cabra

- Lourdes Youth and Community

- Nascadh

- North Wall Women's Centre

- Robert Emmet

- South Inner City Community Development Association

- Community After Schools Project.

Local Authority Housing Provision

Questions (238)

Joe Costello

Question:

238. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government the reason he plans to spend €75,000 per unit to refurbish 70 temporary units of accommodation in O’Devaney Gardens in Dublin 7, when the O’Devaney Gardens site has been proposed over the past ten years for a major programme of regeneration; and if he will make a statement on the matter. [12382/15]

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Written answers

The proposed refurbishment of 64 family units in two blocks at O'Deveney Gardens is one of a number of initiatives my Department has brought forward in order to address the need for emergency accommodation for homeless families in the Dublin region. The latest figures available to my Department indicate 371 homeless families in emergency accommodation in the Dublin region, many of which are accommodated in commercial hotels and B&Bs. The refurbishment cost-per-unit at O'Deveney Gardens is more economically advantageous compared to the accommodation costs for families in hotels and B&Bs, and the refurbished apartments would be a more suitable and stable environment for families with children pending the provision of longer-term accommodation. I understand the proposed refurbishment proposal will be considered by the elected members of Dublin City Council at their April meeting.

While this was a specific initiative to tackle emergency and short-term homelessness, this proposal has been specifically tailored to ensure that, while addressing the pressing need to address homelessness, the overall regeneration potential of this valuable site, which is capable of delivering a significant number of new social housing units, is not compromised. It is a matter for Dublin City Council to advance plans for the regeneration of the overall site.

Irish Water Establishment

Questions (239)

Thomas P. Broughan

Question:

239. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will immediately dissolve Irish Water and return moneys and responsibility to local authorities for local water supplies and maintenance. [12399/15]

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Written answers

The Government has embarked on a programme of ambitious reform of the water sector, as the traditional water services system was in need of fundamental change.  Our public water infrastructure is deficient and inadequate as a consequence of decades of under-investment and the lack of a truly national approach that could maximise the impact of investment.

An Independent Assessment published in 2012 reviewed the strengths and weaknesses of the delivery of water services through the then 34 local authorities and concluded that there was a fragmentation of leadership and co-ordination, difficulty in attaining economies of scale, difficulty in delivering projects of national importance and an aging and poor quality network. The report concluded that the best way of ensuring increasing efficiency and effectiveness of operations and capital investment and accessing new finances for the water sector was to establish Irish Water as a public utility. 

This was implemented through the Water Services Act 2013, which provided for the establishment of Irish Water, and the Water Services (No. 2) Act 2013 which provided for the transfer of responsibility for water services provision from the local authorities to Irish Water. The transfer of responsibility took effect on 1 January 2014.  

The Independent Assessment also pointed to the particular strengths of the local authority system in relation to locally based teams. This positive aspect is preserved through the Service Level Agreements (SLAs) put in place between Irish Water and local authorities which garner the knowledge and expertise of local authority staff combined with the network and utility management experience available to Irish Water to provide for a more consistent and efficient service for customers.

Since its establishment, Irish Water has implemented key management and systems changes to provide for a more strategic approach to managing water services assets and underpinning priority investment.  Capital investment in core infrastructure in the 2014 – 2016 period will be substantially more than in 2013. This year, investment will increase by 2 6 % on 2014, rising from €340 million to €4 30 million.

Irish Water, like other utilities, will have the capacity to fund investment without adding to the Government Debt.  It would not be possible to fund the same level of investment if the responsibility for water services had remained with local authorities. The independent regulation of the sector by the Commission for Energy Regulation (CER) will ensure that operational efficiency is achieved across the sector, in Irish Water's central services and in the Service Level Agreements. This will take account of international benchmarks and will be focused on ensuring that customers are only charged for an efficient service.  The Water Services (No. 2) Act 2013 provided the CER with statutory responsibility for protecting the interests of customers.  

The Act provides that Irish Water shall charge each customer for the provision of services provided by it in accordance with a water charge plan to be approved by the Commission for Energy Regulation (CER). A new water charging regime was announced by the Government on 19 November 2014, which is designed to make water charges more affordable for customers. The charges structure was revised with a view to making it simpler and fairer, providing more clarity and certainty to households. The Water Services Act 2014 provides that the capped annual charges will be €160 for single adult households and €260 for all other households until the end of 2018. The overall cost for those who register with Irish Water, net of the €100 water conservation grant, is either €1.15 a week for single adult households or €3 a week for all others. Water supply will not be reduced under any circumstance.  

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