Written Answers Nos. 240-249
240. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the number of Bills that were submitted for pre-legislative scrutiny by his Department since 2011; his plans to allow pre-legislative scrutiny for any upcoming legislation from his Department; and if he will make a statement on the matter. [12412/15]
View answerA total of 7 pieces of legislation, proposed or published, by my Department have been subject to the pre-legislative scrutiny procedure in the Oireachtas. As part of the Government's Political Reform Programme pre-legislative scrutiny was introduced to the Houses of the Oireachtas in 2011 and formalised in parliamentary procedure in November 2013. It is my intention to subject all legislation prepared in my Department to pre-legislative scrutiny in accordance with these procedures.
241. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if the findings of the report of the Commission for the Economic Development of Rural Areas have been costed; if he will consider selecting an area (details supplied) in County Kerry to pilot the scheme; and if he will make a statement on the matter. [12430/15]
View answerRural Economic Development Zones (REDZ) are defined as functional rather than administrative geographic areas that reflect the spatial patterns of local economic activities and development processes, i.e. they are the sub-county zones within which most people live and work. Research surrounding this element of the CEDRA report identified potential REDZ in all areas of Ireland and recommended the implementation of a pilot initiative that supports the formulation of a localised strategic approach to the development of REDZ. The recommendation envisages full participation by communities at a local level in order to foster a sense of ownership of the REDZ development process.
My Department is currently working on the development of a set of criteria to support the delivery of this pilot initiative which I expect to be launching in the coming weeks. Participation in the REDZ pilot initiative will be open to all REDZ areas outlined in the CEDRA report (the report can be found at www.ruralireland.ie), with a number chosen in the context of the criteria which will be published in due course.
242. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide details on the operation and financing of the proposed deposit retention scheme that is to be provided for in the Residential Tenancies (Amendment) Bill 2012; his plans that the custodial model proposed will be self-financing; and the factors that would mitigate against the scheme being self-financing. [12451/15]
View answerDeposit retention and rent arrears are the main categories of dispute from applicant parties for dispute resolution according to the annual report of the Private Residential Tenancies Board (PRTB) for 2013. The Programme for Government includes a commitment to establish a tenancy deposit protection scheme.
On foot of this commitment the PRTB commissioned research on such a scheme and reported back to my Department with recommendations in that regard. The subsequent report, prepared by Indecon International Economic Consultants, assessed a number of different options for delivery of a scheme ranging from one where all elements are delivered by the PRTB to one where all elements are outsourced to a private operator. The report examined each option in terms of both insurance and custodial type schemes.
All of the options presented in the report were considered and Government approval was ultimately secured for the establishment of a tenancy deposit scheme based on a custodial model to be operated by the PRTB. In a custodial scheme, tenancy deposits are transferred to the scheme for the duration of the tenancy. They are then repaid by the scheme operator following agreement between the landlord and tenant or following the outcome of a dispute resolution process in cases where there is no agreement. It is my intention to introduce the legislative amendments in relation to the scheme at Committee Stage of the Residential Tenancies (Amendment) (No. 2) Bill 2012 in the Seanad.
The model proposed will generate an income stream from the deposit fund, which will be used to finance the scheme. The scheme will also have cost implications for the PRTB, especially in the initial establishment phase. There have been many changes since Indecon conducted the cost-benefit analysis in 2012 including in relation to interest rates and average rents. The true costs associated with the scheme will only become clear through the procurement process. The management of costs will be crucial to the financial viability of the scheme and my Department is working closely with the PRTB in this regard.
243. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide details of the proposed full producer responsibility initiative scheme for waste tyres; if there will be significant costs associated with the new obligation for retailers and producers and additional costs for consumers; and the measures being put in place to ensure the new obligation will not lead to commercial activity migrating to other jurisdictions with less costly compliance schemes. [12453/15]
View answerThe Producer Responsibility Initiative scheme which I recently announced for tyres will comprise the following main features:
- A single compliance scheme for end-of-life tyres to be operated by Repak,
- The ending of the option to “self-comply” under the Regulations,
- Formalisation of the existing recycling charge into a visible environmental management charge,
- The level of this visible environmental charge would be set by my Department and reviewed in two years,
- As part of the detailed design of the scheme, consideration by my Department, in consultation with the tyres and waste industry, as to whether the funding model is predicated upon a front-loaded or back-loaded model,
- A full audit and registration and reporting component ('black box') with a role for the WEEE Register Society, and
- An underpinning of the new regime, including enforcement and compliance measures, by a robust legislative base, including fixed penalty notices for certain breaches.
After almost a year of discussions with representatives of all sectors of the tyre industry in Ireland, my decision to introduce a full producer responsibility initiative in this waste stream is the appropriate response to the very serious problems which have been identified in the sector. This will require an overhaul of existing structures, but I believe that this can be achieved without distorting the tyres market in Ireland, without encouraging customers to buy tyres outside of the jurisdiction and without widespread job losses. Moreover, I believe that such a scheme could be provided for without introducing any new costs, but rather by effectively formalising the existing charge that is already applied to almost all tyre purchases.
My Department is continuing to work with industry to agree on the finer details of how the Producer Responsibility Initiative for Tyres will work. In order to bring additional focus to this work and the concerns which industry have raised, the Tyres Working Group, the industry stakeholder group working with my Department, recently decided to establish five sub-groups to examine and develop an approach and solutions on certain key issues, including some of the issues raised in the Deputy's question.
These five sub-groups are as follows;
- distance sellers and treatment of information,
- registration and reporting,
- transitional arrangements,
- the financial model, and
- enforcement.
Finally, it is the intention of the Tyres Working Group to keep the wider tyre sector informed of both the progress and decisions made on an on-going basis.
244. Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government the reasons the Government could not proceed with a referendum to insert a clause into the Constitution to prohibit the privatisation of water at any point in the future; and if he will make a statement on the matter. [12465/15]
View answerArticle 10(2) of the Constitution states that all land and all mines, minerals and waters which belonged to Saorstát Éireann immediately before the coming into operation of the Constitution belong to the State to the same extent as they then belonged to Saorstát Éireann.
With specific regard to Irish Water, the Water Services Act 2013 provides for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann (now Ervia), conforming to the conditions contained in the Act and registered under the Companies Acts. Section 5 of the Act provides that one share in Irish Water shall be issued to Bord Gáís Éireann (now Ervia) with the remaining shares allocated equally between the Minister for the Environment, Community and Local Government and the Minister for Finance. Accordingly, Irish Water is in full State ownership. Subsection 5(6) of the Act, as amended by Section 46 of the Water Services (No. 2) Act 2013, prohibits each of the three shareholders from disposing of their shareholding in Irish Water and thus places a statutory prohibition on the privatisation of Irish Water.
There are no plans to amend the Constitution with regard to Irish Water. The Water Services Act 2014 includes a provision whereby any future proposal for legislation that would involve a change in the State ownership of Irish Water must be put to a plebiscite of the people. This ensures that any proposed privatisation by a future Government could not proceed without the support of the Irish people.
245. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government the reason a letter from the Pyrite Remediation Board, stating that a house is scheduled for remediation due to severe damage, would not suffice as proof that it suffered significant pyritic damage to claim an exemption from the local property tax from the Revenue Commissioners. [12481/15]
View answerSection 10A of the Finance (Local Property Tax) Act 2012 (as amended) provides for a temporary exemption of at least three consecutive years from the charge to Local Property Tax (LPT) for residential properties that have been certified as having “significant pyritic damage”.
To avail of the exemption, the Finance (Local Property Tax) (Pyrite Exemption) Regulations 2013 require that a liable person be in a position to demonstrate 'significant pyritic damage' to his/her property, i.e. the property must-
(a) have a Damage Condition Rating of 2 or a Damage Condition Rating of 1 (with progression) established on foot of a Building Condition Assessment carried out by a competent person under and in accordance with I.S. 398 -1:2013 Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation, and
(b) have sub-floor hardcore material classified, by the appropriate competent person(s), as susceptible to significant or limited expansion, established on foot of testing the sub-floor hardcore material.
The legislation in this area is consistent with the recommendation set out in the Report of the Pyrite Panel (July 2012) which recommended that an exemption from the LPT should be provided for dwellings where damage from pyritic heave has been proven by testing.
Nevertheless, having regard to the above requirements and, more specifically, to the costs associated with testing, my Department is engaging with the Department of Finance to explore possible alternatives to the requirement for testing. In this context, I understand that my colleague, the Minister for Finance, has initiated a review of the operation of the LPT. I understand that the review will primarily have regard to recent residential property price developments, the overall yield from LPT and the desirability of achieving relative stability in LPT payments. The review will also address a number of issues which have arisen in relation to the efficient and effective administration of the LPT, among which is likely to be the matter of the operation of the pyrite exemption provisions.
246. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding commercial motor tax designation on scheduled commercial vehicles; and if he will make a statement on the matter. [12496/15]
View answerMotor tax is based on the construction and use of a vehicle. In order to qualify for the commercial rate of motor tax, a vehicle must be constructed or adapted for use as a goods vehicle and used solely for the conveyance of goods in the course of trade or business.
Licensing authorities have an obligation under Article 3 of the Road Vehicles (Registration and Licensing)(Amendment) Regulations 1992 to be satisfied that a vehicle is correctly taxed and it is thus open to a motor tax office to seek supporting documentation when commercial motor tax is being applied for. Such documentation may include a certificate of commercial insurance or evidence of registration for VAT purposes or, at the discretion of the licensing authority concerned, any other appropriate documentation that would indicate that the applicant is in trade or business. It is up to the individual concerned to provide whatever evidence is required by the licensing authority in order for it to be satisfied that the applicant is entitled to the commercial rate of motor tax, which is effectively a concessionary rate.
247. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will provide, in tabular form by county, the number of persons awaiting assistance under the housing aid for older persons scheme and the mobility aids grant scheme; the total amount required by each local authority in respect of approvals made; and if he will make a statement on the matter. [12504/15]
View answerExchequer funding of over €37 million was provided by my Department to local authorities in 2014 for the Housing Adaptation Grants for Older People and People with a Disability. Combined with an additional 20% contribution by individual local authorities, there was an overall spend last year of €46.3 million in this area. I am pleased to confirm that the 2015 amount will increase by some 10% to give a combined spend of €50.5 million. Once individual allocations are made to local authorities, the detailed administration of the schemes thereafter, including the assessment, approval and payment of grants to applicants, is the responsibility of individual local authorities.
Information on the requirements of local authorities regarding these grant schemes is obtained when required, particularly in the context of the estimates process. However, my Department does not hold information on an on-going basis on the number of persons by county awaiting grant assistance.
248. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government his views on whether moving the administration and issue of seaweed harvesting licences to local authorities or other municipal entities would unduly fragment the accountability and responsibilities of private enterprise engaged in this activity, and that the preference should be to keep a national focus in the development of our seaweed industry; and if he will make a statement on the matter. [12516/15]
View answer249. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the State's legal position on historical seaweed rights being asserted by certain landowners along the foreshore and the extent of these rights; the consequent restriction or impact on the State's ability to issue licences for seaweed harvesting to third parties along these sections of foreshore; and if he will make a statement on the matter. [12517/15]
View answerI propose to take Questions Nos. 248 and 249 together.
I have no statutory role in the promotion or development of the seaweed industry. Under the Foreshore Act 1933, I am responsible for regulating only the harvesting of wild seaweed. The harvesting of cultivated seaweed is a matter for the Minister for Agriculture, Food and the Marine.
The regulation of wild seaweed harvesting is currently under consideration in the context of the proposed Maritime Area and Foreshore (Amendment) Bill. Any regulatory regime must seek to balance existing rights and commercial potential while ensuring sustainability of the resource and compliance with the State's obligations under EU environmental law. In that regard, the interaction between the Foreshore Act 1933 and traditional rights to harvest seaweed that may exist in certain places is under consideration by my Department in the context of advice from the Office of the Attorney General.
