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Thursday, 23 Apr 2015

Written Answers Nos. 1-23

Local Government Reform

Questions (7)

Seán Fleming

Question:

7. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government his views on the principle of subsidiarity, from the point of view of democracy and administrative efficiency, in respect of delivery of public services; and if he will make a statement on the matter. [11701/15]

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Written answers

In the context of local government, the principle of subsidiarity, whereby decisions are taken as closely as possible to the citizen, is effectively enshrined in Bunreacht Na hÉireann. Article 28A gives constitutional recognition and protection to the role of local government. The principle is also reflected in the Action Programme for Effective Local Government which makes clear the Government’s intention that local government will be the main vehicle of governance and public service at local level.

The objectives of subsidiarity, democracy and efficiency are core elements of the local government reform programme. Important functions have been transferred to local government in the areas of economic development and community development. The position of elected councils has been enhanced through additional reserved functions and stronger governance powers. A range of measures have been taken to improve local authority efficiency, including the roll-out of shared services and other collaborative arrangements for service delivery. New arrangements have been introduced to enhance citizen engagement with local government.

The new municipal district system is aimed at enhancing democratic governance as well as administrative efficiency. Elected members now perform devolved functions in every district whereas, previously, most areas had no municipal governance below county level. The allocation of functions between county and municipal district reflects the principle of subsidiarity. Local matters are dealt with at district level, while those of wider strategic application are decided at county level, without duplication between levels.

The local government reforms are intended to enhance subsidiarity by ensuring that decisions are taken as close as possible to citizens and local communities, while maximising efficiency and value for money. With these objectives in mind, I am undertaking an operational review in relation to the new arrangements to ensure that they are operating effectively and as intended.

Questions Nos. 8 to 11, inclusive, answered orally.

Building Regulations Amendments

Questions (12)

Mattie McGrath

Question:

12. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government his plans to amend the Building Control (Amendment) Regulations 2014; his assessment of their effectiveness to date; and if he will make a statement on the matter. [15622/15]

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Written answers

Following public concern with regard to the widespread failure to comply with regulatory requirements in the construction industry, S.I. No. 9 of 2014 was introduced with effect from 1 March 2014 to strengthen the arrangements in place by empowering competence and professionalism in the design and construction process and by requiring greater accountability in relation to compliance with Building Regulations. A credible framework is now in place for the oversight of construction activity and there are welcome signs that a new culture of compliance is developing, with the industry responding well to the new arrangements and Local Authorities taking steps to strengthen their capacity to monitor construction activity.

Prior to its introduction, a commitment was given that S.I. No. 9 of 2014 would be reviewed after its first twelve months in operation. This review was formally announced on 2 April 2014 and is currently open for public consultation. I am confident that a lot of learning will come through in the review that will allow me to refine and streamline the regulatory framework so that the building process can work effectively to serve the needs of both consumers and industry, while ensuring the quality of our future building stock.

The closing date for the receipt of submissions under the public consultation process is 15 May 2014. This will allow my Department to produce an early report on the matter with a view to ensuring that any changes deemed appropriate to the regulations will be effected as a matter of priority.

Housing Issues

Questions (13)

Charlie McConalogue

Question:

13. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government further to the recent visit of the Minister of State, Deputy Paudie Coffey, to a number of homes in County Donegal affected by mica, the action the Government plans to take to assist affected homeowners; if the Government will set up an expert panel to assess the extent of the problem and the way it can be addressed; and if he will make a statement on the matter. [15557/15]

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Written answers

In general, building defects are matters for resolution between the relevant contracting parties, i.e. the homeowner, the builder, the supplier and/or their respective insurers. I believe that the parties responsible for poor workmanship and/or the supply of defective materials should face up to their responsibilities and take appropriate actions to provide remedies for the affected homeowners.

In the event that the contracting parties cannot reach a settlement by negotiation, the option of seeking redress in the Courts can be considered. In this context, my Department understands that legal proceedings have been instigated in some of the cases relating to this problem; this is the appropriate course of action to pursue in the event that the responsible parties, i.e. the builder, the supplier and/or their insurers, do not face up to their responsibilities and provide a solution for the affected homeowners.

I fully appreciate and acknowledge the extremely difficult and distressing situations that certain homeowners in Donegal are facing on account of damage to the structural integrity of their homes and, consequently, my Department met with a number of the affected homeowners in early December 2014. At that meeting, my Department requested copies of test reports from accredited laboratories on the affected concrete blocks which had been commissioned by a number of homeowners, in order to provide a robust and scientific insight into the problems that have emerged. Following my recent visit to a number of the affected homes, copies of the requested test reports were provided to my Department. These test reports are currently being reviewed and a technical report is being prepared in the matter. It is anticipated that the technical analysis will be available for my consideration by the end of this month.

Homeless Accommodation Provision

Questions (14)

Catherine Murphy

Question:

14. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will provide an estimate, per housing authority area, of the number of new builds that will be completed in each of the next three years, under the recently announced programme to tackle the homelessness crisis; the factors that led to the wide variation in the projected spend, per person, on the waiting list across housing authority areas; and if he will make a statement on the matter. [15562/15]

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Written answers

The targets I recently announced for all local authorities are out to 2017 and include the provision of almost 7,500 units that will be capital-funded. It is a matter for each local authority to identify the appropriate initiatives to respond to their housing need, including acquiring available properties, as well as building, leasing and the provision of housing supports through the private rental sector.

The targets for local authorities are fully in line with those in the Social Housing Strategy, which were developed having regard to the nature and scale of social housing need, as measured by the most recent statutory Housing Needs Assessment. A key reason for the variation in the impact on local housing lists lies in the variation in the levels of housing need locally. Certain areas have lower numbers on housing lists, consequently the targets set for such authorities have a relatively high percentage impact on the lists. Conversely, while other authorities had higher targets set for them, the impact is proportionally not as high given the number on the housing lists of those areas.

In overall terms, the targets I have announced are ambitious and challenging and will have a major impact on the housing lists in all areas and reflect the fact that addressing social housing need is accorded the highest priority by the Government.

Housing Issues

Questions (15)

Charlie McConalogue

Question:

15. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the consideration he and his Department have given to the issue of mica-affected homes in County Donegal; his Department's advice on the way affected householders may be able to proceed in engaging with his Department on this issue; the financial supports available for persons who find themselves in this situation; and if he will make a statement on the matter. [15578/15]

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Written answers

In general, building defects are matters for resolution between contracting parties, i.e. the homeowner, the builder, the materials supplier and/or their respective insurers. In the event that the parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered. Typically, there are no financial supports available from the State on the grounds that it is a matter for the parties responsible for the poor workmanship and/or the supply of defective materials to face up to their responsibilities and to take appropriate action to provide remedies to the affected homeowners.

My Department understands that legal proceedings have been instigated in some of the cases relating to this problem; this is the appropriate course of action to pursue in the event that the responsible parties, i.e. the builder, the supplier and/or their insurers, do not face up to their responsibilities and provide a solution for the affected homeowners.

I fully appreciate and acknowledge the extremely difficult and distressing situations that certain homeowners in Donegal are facing on account of damage to the structural integrity of their homes and, consequently, my Department met with a number of the affected homeowners in early December 2014. At that meeting, my Department requested copies of test reports from accredited laboratories on the affected concrete blocks, which had been commissioned by a number of homeowners, in order to provide a robust and scientific insight into the problems that have emerged. Following my recent visit to a number of the affected homes, copies of the requested test reports were provided to my Department. These test reports are currently being reviewed and a technical report is being prepared in the matter. It is anticipated that the technical analysis will be available for my consideration by the end of this month.

Housing Assistance Payments Data

Questions (16)

Seán Kyne

Question:

16. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if he will report on the introduction of the housing assistance payment; the numbers of local authorities and households participating; and when the scheme will be extended to other areas such as County Galway. [15679/15]

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Written answers

The implementation of the Housing Assistance Payment (HAP) is a key Government priority and a major pillar of the Social Housing Strategy 2020, which I published on 26 November 2014. The HAP scheme will bring all social housing supports provided by the State under the aegis of local authorities. The scheme will remove a barrier to employment by allowing recipients to remain in the scheme if they gain full-time employment. HAP will also improve regulation of the rented accommodation being supported and provide certainty for landlords as regards their rental income.

Further to the enactment of the Housing (Miscellaneous Provisions) Act 2014 on 28 July 2014, the first phase of the HAP statutory pilot commenced with effect from 15 September 2014 in Limerick City and County Council, Waterford City and County Council and Cork County Council. HAP commenced in Louth, Kilkenny, South Dublin and Monaghan County Councils from 1 October. Subsequently, on 18 December, Dublin City Council became part of the statutory HAP pilot, with a specific focus on accommodating homeless households. Dublin City Council is implementing the HAP pilot for homeless households in the Dublin region on behalf of all 4 Dublin local authorities.

There are now over 1,500 households in receipt of HAP across the local authority areas taking part in the statutory pilot scheme.

During the legislation’s passage through the Oireachtas in July 2014 an undertaking was given that a report would be prepared for the relevant Oireachtas Committee. Data for this report are being gathered from pilot sites and a progress report will be submitted to the Oireachtas Committee on Environment, Culture and the Gaeltacht shortly. Based on data gathered for the review, consideration is currently being given to the sequencing of a further cohort of local authorities to commence HAP on an incremental basis this year. While no implementation date has yet been agreed, my Department is in contact with Galway City and County Councils in relation to their inclusion in the next phase of the HAP scheme.

Shared Ownership Scheme

Questions (17)

Brian Stanley

Question:

17. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he will introduce a scheme to assist persons who are in difficulties with local authority shared ownership mortgages; and the number of such mortgages that are currently in distress, and the time frame for same. [15617/15]

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Written answers

The Shared Ownership Scheme, first introduced in 1991 and amended in January 2003, was designed to facilitate access to home ownership to those who were unable to buy a home outright with a conventional mortgage. The Scheme offered an option to purchase up to half of a property with a standard annuity mortgage, with the balance to be rented from the local authority. The initiative worked well for the majority of borrowers and 16,500 people were facilitated in owning their own home in this way. The Government’s 2011 Housing Policy Statement announced the standing down of all affordable housing schemes, including the Shared Ownership Scheme, given the changes in the property and lending markets.

My Department, with the assistance of the Housing Agency, the Housing Finance Agency and the Local Authority Housing Loans Management Group, is currently reviewing the operation of the Shared Ownership Scheme for existing borrowers. The objective is to seek to address, if and where appropriate, difficulties arising for some shared ownership borrowers. While my Department publishes a wide range of housing statistics, including relating to mortgages, the data do not currently provide a specific breakdown in respect of Shared Ownership mortgages; accordingly, a detailed data collection project is under way to determine the extent of arrears among this set of borrowers.

Pending the outcome of the review, my Department issued a circular letter to local authorities setting out some of the options and interim actions that might be explored to alleviate the difficulties of those in shared ownership arrangements, such as allowing use of the Mortgage Arrears Resolution Process and room rental. It is accepted that such proposals are not a complete solution to the issues that arise for such mortgage holders but they are intended as an interim measure pending the outcome of the review referred to above.

Local Authority Housing Maintenance

Questions (18)

Brian Stanley

Question:

18. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if the energy upgrade scheme to encourage energy conservation for local authority housing will be extended to insulate those homes that have solid block or mass concrete walls, such as at O’Moore Place and at St. John's Square, Portlaoise, County Laois. [15620/15]

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Written answers

The management and maintenance of the local authority housing stock, including the compilation and implementation of planned maintenance programmes and the carrying out of responsive repairs and pre-letting repairs to vacant properties, is a matter for each individual local authority under section 58 of the Housing Act1966. My Department is committed to supporting local authorities in maintaining and improving the quality of the national social housing stock through a range of measures including large-scale urban regeneration programmes, estate-wide remedial works and improving the standard and energy efficiency of individual dwellings.

Local authorities are undertaking an ambitious programme of insulation retrofitting, with the support of my Department, on the least energy efficient social houses. Funding of €57 million has been provided over the period 2013-2014 for improving the energy performance of older local authority housing stock, resulting in improved energy efficiency and comfort levels, and therefore Building Energy Ratings, in over 30,000 local authority homes. A further €25m is being provided in 2015. Once work on a home is completed, it results in warmer homes and lower energy bills for the social housing tenants and will also make a significant contribution to Ireland’s carbon emissions reduction targets and energy reduction targets for 2020. It also brings benefits in terms of sustaining and creating jobs.

Phase 1 of this programme commenced in June 2013 and is focused on providing attic/roof insulation and cavity wall insulation in all relevant properties. Once a local authority completes work on all houses requiring attic/roof and cavity wall insulation, my Department will allocate funding for Phase 2 works which will include external insulation or dry lining of houses with solid wall or hollow block construction.

According to figures provided by Laois County Council, at the end of 2014, a total of 847 units have been insulated and a further 288 units remain to be completed under Phase 1 in the county. Once Phase 1 is completed in Laois, it will be open to the Council to apply to move on to Phase 2.

Social and Affordable Housing Data

Questions (19)

Barry Cowen

Question:

19. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide details on the way the social housing targets for 2015 to 2017 are to be met, in particular the amount of new social housing units that will be new builds, and the number that will be leased from the private rental market; and his views that the funding being made available to local authorities will be adequate to meet these targets. [15769/15]

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Written answers

The social housing targets that I recently announced for all local authorities out to 2017 include almost 7,500 units that will be capital-funded and 15,400 current-funded units, of which 11,400 will be delivered through leasing and 4,000 delivered through the Rental Accommodation Scheme.

Local authorities are responsible for the detailed planning of social housing provision based on the needs of their areas. It is a matter for each local authority to identify the appropriate initiatives to respond to their housing need, including consideration by them of options to acquire available properties, new building developments, leasing and the provision of housing supports through the private rental sector. A breakdown has been provided to local authorities in relation to their targets as between capital-funded and current-funded units.

The estimated cost to the Exchequer for the delivery of the additional 35,000 new units out to 2020 is €3.8 billion. The funding provided through Budget 2015 will provide the required kick start to the delivery of the targets in the Strategy and I am confident that my recent announcement of over €1.5 billion for the delivery of the targets out to 2017 will meet the full delivery cost of these units.

Irish Water Remit

Questions (20)

Maureen O'Sullivan

Question:

20. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will consider amending the Water Procurement Act 1977, to allow for a range of application fees, to reflect the wide range of licence applications received from different sectors discharging trade effluent to sewer, as the current system is very unfair to small and medium businesses; and if he will make a statement on the matter. [15672/15]

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Written answers

The Water Services (No. 2) Act 2013 provides for the transfer of water services functions from the water services authorities to Irish Water. With effect from 1 January 2014, Irish Water is responsible for the provision of public water services.

The current regime governing discharges to sewers was introduced under the provisions of Section 16 of the Water Pollution Act 1977, which allowed local authorities to grant a trade effluent licence and to insert relevant conditions in such licences. In particular, section 16(4)(b), as amended by the Local Government (Water Pollution) Act 1990, provides for the payment by the holder of the licence, to the local authority concerned, of such amount or amounts as may be determined by the local authority having regard to the expenditure incurred or to be incurred by it in monitoring, treating and disposing of discharges of trade effluent, sewage effluent and other matter to sewers in its functional area or a specified part of its functional area. This function has now transferred to Irish Water. I expect that any changes to fees or charges associated with these licences will require to be approved by the Commission for Energy Regulation in due course.

Building Regulations Amendments

Questions (21)

Seán Kyne

Question:

21. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government the progress of the review of the Building Control (Amendment) Regulations 2014, to ensure that these regulations do not prohibitively impact on the building of homes, particularly one-off builds; and if he will make a statement on the matter. [15684/15]

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Written answers

My Department has given preliminary consideration to the arrangements in place for oversight of new single dwellings and extensions to existing dwellings in advance of the full review of the broader operation of the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), which formally commenced on 2 April 2014 and is currently open for public consultation.

While costs are determined by market forces and are therefore outside of the scope of my regulatory powers, I recognise the importance of ensuring that the regulations do not impact unduly on one-off housing and extensions to dwellings, particularly in relation to cost. A number of options for addressing this issue have therefore been included in the documents released for public consultation on 2 April 2014, which are available on my Department’s website at the following weblink: http://www.environ.ie/en/DevelopmentHousing/BuildingStandards/PublicConsultations/.

The closing date for the receipt of submissions is 15 May 2015. This will allow my Department to produce an early report on the matter with a view to ensuring that any changes deemed appropriate to the regulations will be effected as a matter of priority.

Local Government Reform

Questions (22)

Mattie McGrath

Question:

22. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the progress on the implementation of the Local Government Reform Act 2014; and if he will make a statement on the matter. [15623/15]

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Written answers

The majority of the provisions of the Local Government Reform Act 2014 commenced with effect from 1 June 2014, activating a range of significant changes in the local government system signalled in the Action Programme for Effective Local Government (October 2012).

Those changes include enhanced roles for local authorities in economic development and in community and local development, including the formulation of local economic and community plans; the dissolution of local authorities in Limerick, Tipperary and Waterford and the establishment of new merged entities in their place; the replacement of town councils by municipal districts; provision for the reconfiguration of regional structures; and a series of new governance arrangements such as provision for an enhanced policy making role for elected members; new citizen participation measures; local authority service delivery plans; the re-designation of the position of manager to chief executive; stronger oversight powers for the elected council in relation to the implementation of policy; and increased obligations on the executive in relation to the elected council.

The measures contained in the Local Government Reform Act 2014 have, in turn, been further developed by a wide range of secondary legislation and guidance to local authorities.

It is important to recognise that 2015 will be the first full year of the operation of structural and other changes in the local government system. Nonetheless, it is essential to ensure that the new system is being operated effectively and as intended and I have initiated a review in relation to the operation of the new arrangements, to be undertaken by a broadly-based Advisory Group and a Working Group for engagement with the Association of Irish Local Government. This will provide a sound evidence base upon which to consider any adjustments that may be warranted in the operation of the new arrangements. Moreover, the independent reviews of local government arrangements in Cork and Galway, which I announced in January 2015, form part on an ongoing assessment of potential reforms which may be warranted beyond those measures provided for in the Local Government Reform Act 2014.

Tenant Purchase Scheme Administration

Questions (23)

John Browne

Question:

23. Deputy John Browne asked the Minister for the Environment, Community and Local Government his plans to introduce a new tenant purchase scheme in order to enable tenants to purchase their homes from the local authority; and if he will make a statement on the matter. [15556/15]

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Written answers

Part 3 of the Housing (Miscellaneous Provisions) Act 2014 provides for a new scheme for the tenant purchase of existing local authority houses along incremental purchase lines. The Government’s Social Housing Strategy 2020 includes a commitment to make the Regulations necessary for its introduction, which will set out the full details of the new scheme, in the second quarter of 2015.

The scheme will operate along the lines of the incremental purchase model currently operating for local authority apartments and certain new local authority houses, which involves discounts for purchasers linked to household income. The discount will be applied to the purchase price of the house to be determined by the local authority in accordance with the method to be prescribed in Regulations. I intend to relate the purchase price of the house to its market value with replacement costs also being taken into account.

Full details of the scheme, including the income related discounts available to tenant purchasers, will be set out in Regulations that I will make in advance of its introduction.

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