Written Answers Nos. 40 - 47
40. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government the steps he will take to assist local authorities in having estates taken in charge; and if he will make a statement on the matter. [15553/15]
View answerI refer to the reply to Question No. 30 on today’s Order Paper.
My Department has issued detailed guidance to planning authorities in relation to the taking in charge of housing estates and the steps to be followed in this regard. This is primarily contained in circular letter PD 1/08 which was issued to planning authorities on 26 February 2008. This guidance was supplemented and updated by circular letter PL 5/2014 of 5 November 2014 which clarified the procedures to be followed in relation to the taking in charge of water services infrastructure attaching to housing estates further to the establishment of Irish Water.
The following summarises the most relevant provisions of the circular letters referred to:
- In relation to requests for taking in charge estates currently on hand where the planning permission has expired, planning authorities should as soon as possible, if they have not already done so, assess the condition of such estates.
- New requests for the taking in charge of estates must be promptly assessed and then dealt with in accordance with the following:
Estates satisfactorily completed: Where an estate is completed in accordance with the terms and conditions of the planning permission, it should be taken in charge without delay on foot of a request to do so, but not later than 6 months from the date of the request.
Priority list for estates not completed satisfactorily: A priority list should be drawn up of requests from residents for the taking in charge of uncompleted estates, taking into account such factors as the date of application, the condition of the estate and the length of time it has been left unfinished.
- New requests for the taking in charge of unfinished estates should be added to the priority list, as appropriate.
In relation to unfinished estates, circular letter PD1/08 highlighted that all unfinished estates which are the subject of a request to be taken in charge should be kept on the priority list referred to above, including estates where it may be possible to have the estate completed at the expense of the developer, through enforcement action or calling in the development bond, so that these estates remain on the priority list for remedial works by the planning authority in the event that enforcement action or calling in the bond fails. When the estate is brought to a standard which is satisfactory to the planning authority and is in accordance with the permission granted, it should be taken in charge promptly.
Circular letter PD1/08 also highlighted that in accordance with section 180(2) of the Planning and Development Act 2000 as amended, unfinished estates should be taken in charge where the majority of residents so request and that where enforcement action or calling in the bond is not possible, or has been unsuccessful, strategies should be put in place to bring the estate up to an appropriate standard.
As stated, a priority list of all such estates should be maintained by planning authorities and remedial works carried out in accordance with that order of priority. Where Irish Water becomes responsible for water infrastructure in estates that have been taken in charge and Irish Water is of the view that there is a service critical issue which may impact upon public health, it will prioritise such estates for any necessary remediation works.
Further to the establishment of Irish Water, circular letter PL 5/2014 clarified in relation to the taking in charge of water services infrastructure in housing estates that planning authorities should take in charge such infrastructure on foot of establishing that it has been satisfactorily completed, with a view to such infrastructure being ultimately transferred to Irish Water by Ministerial Order under the provisions of section 12 of the Water Services (No. 2) Act 2013.
In addition to the guidance outlined above, Budget 2014 contained a special provision in the form of a targeted €10m Special Resolution Fund (SRF) to assist in addressing the legacy of unfinished housing developments arising from the economic downturn. Following assessment of proposals submitted to my Department by local authorities under the SRF scheme, 86 projects have been approved for funding of €10m under the scheme.
In addition, a collaborative approach has been taken in relation to Irish Banking Resolution Corporation (formerly Anglo Irish Bank) bonds taken out by developers in relation to housing estates. Anglo Irish Bank was one of the financial institutions involved in underwriting bonds for residential developments. This collaborative approach, involving my Department, the Department of Finance, local authorities and the Special Liquidators of IBRC, is aimed at securing the release of IBRC bonds to facilitate the completion of associated unfinished estates. Under this process, local authorities were required to lodge claims in writing with the Special Liquidator by 31 March 2015 setting out the details of the claim and providing supporting documentation. All local authorities concerned submitted their claims to the Special Liquidator by the required deadline. This involved the submission of 217 bond claims totalling approximately €30m. These claims are now being assessed by the Special Liquidator and decisions are expected to be finalised by Q4 2015.
41. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government his plans to introduce changes to the building regulations as they affect self-build one-off houses, and extensions to existing dwellings, in order to reduce the burden on persons and families. [15618/15]
View answerMy 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 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.
42. Deputy Paul Murphy asked the Minister for the Environment, Community and Local Government if he will report on any discussions he has had with Irish Water regarding a large volume of non-payment of water charges; if he has a contingency plan in place should there be a large amount of non-payment; and if he will make a statement on the matter. [15774/15]
View answerIn November 2014 I announced a package of measures to ensure that domestic water charges are certain, affordable and clear. If a customer does not pay their water charges, late payment provisions shall automatically apply, unless the customer enters into a payment plan. In the case of a One Adult Household (capped at €160), €30 will be added to any bill where outstanding payments equate to the total annual payment and remain unpaid for 3 months or more. An additional €30 will be added on every anniversary of the original add on date while the bill remains unpaid or a payment plan has not been entered into with Irish Water. In the case of a Two Adult Household (capped at €260), €60 will be added and again at each anniversary.
The late payment charges will only apply where someone is in arrears for more than 12 months and has not entered into a payment plan with Irish Water. Payment plans will be developed based on an ability to pay and it is important to note that the late payment charges are focused on those who “will not pay”, rather than those who cannot pay.
A range of flexible payment options will be available. Irish Water will facilitate bill payment through direct debit, electronic funds transfer, payment by cash at any retail outlet with a Paypoint or Payzone sign, or a post office where a bill can be paid in full or part payments of a minimum of €5 can be made. The overall net cost for those who register 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.
Any customers who have unpaid water charges can be pursued through the Courts by Irish Water for the sums due and a debt judgment may be obtained against the customer.
The Government intends to bring forward legislation to enhance the collectability of domestic water charges, building on the approach set out in the Water Services Act 2014. Further details on the modalities involved will be available on publication of the draft legislation following Government approval.
43. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his plans to establish a tenancy protection unit in any area outside Dublin; if he recognises the urgent need for such a unit in certain high-pressure areas suffering from local housing crises; his plans to resource local authority staff to enable local authorities to provide even a basic housing service; and if he will make a statement on the matter. [15559/15]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual housing authorities. The purposes for which housing authorities may incur expenditure in addressing homelessness are prescribed in Section 10 of the Housing Act 1988. Under Section 10 funding arrangements, responsibility for decision-making in relation to particular services rests with the statutory Homelessness Management Group of the respective region.
A Tenancy Protection Service was put in place in the Dublin Region in June 2014. This service is delivered by Threshold Ltd. and is funded by the Dublin Region housing authorities under Section 10 funding arrangements. The Tenancy Protection Service operates in tandem with a Tenancy Sustainment Protocol that was agreed with the Department of Social Protection in relation to the operation of the Rent Supplement scheme. A similar service was implemented in Cork in January 2015 and its implementation in other regions or housing authority areas is a matter for those relevant authorities.
As regards resourcing, I have made an additional €10.5 million available for homeless accommodation and services across the country in 2015. This is an increase in funding of over 20%, bringing the Exchequer contribution to €55.5 million. The 2015 regional allocations are currently being finalised with a view to their confirmation shortly. Housing authorities also contribute to the funding costs for their areas from their own resources.
44. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government his plans for investigations into planning in six local authorities and County Donegal, arising from the June 2013 High Court case; and if he will make a statement on the matter. [15772/15]
View answerMacCabe Durney Barnes Consultants were appointed in February 2014 to carry out an independent planning review on the performance of planning functions in six selected planning authorities (Carlow, Cork, Galway and Meath County Councils and Cork and Dublin City Councils) in accordance with section 255 of the Planning and Development Act 2000, as amended. I expect to receive the final report from the consultants shortly and I subsequently intend to publish it having considered its contents.
I have also considered what next steps need to be taken in respect of certain Donegal County Council planning matters taking account of advice from the Office of the Attorney General. My Department will be shortly appointing a Senior Counsel nominated by the Attorney General to prepare a report in relation to these matters and I expect that the timeframe for this appointment will be finalised shortly.
45. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government if he supports water charges being based on metered use after 2019; his views on the Commission for Energy Regulation increasing the water charging rate after the cap ends; and if he will make a statement on the matter. [15776/15]
View answerThe Water Services (No. 2) Act 2013 provided for the transfer of responsibility for the provision of public water services from the local authorities to Irish Water. The Act provides that Irish Water shall charge each customer for the provision of services provided by it in accordance with a water charges plan to be approved by the Commission for Energy Regulation (CER). A new water charging regime was announced by the Government on 19 November 2014. 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. Section 3(5 ) of the Act allows for a capped charge to also be set for 2019 onwards.
Metered households already have the opportunity to pay less than the capped bill, and Irish Water will be metering all dwellings where it is technically feasible to do so before the end of 2018.
It will be open to the CER to reduce the per unit price of €3.70 per 1,000 litres after 2016, in the context of determining the allowed revenue and efficiency challenges for 2017 and 2018. The CER has a statutory responsibility for ensuring that the interests of customers of Irish Water are protected. This will be central to the CER’s review of all costs and revenues of Irish Water in the context of the approval of water charges and the overall allowed revenue for Irish Water in future regulatory cycles.
46. Deputy Ciarán Lynch asked the Tánaiste and Minister for Social Protection if she will consider the granting of rights of representation to pensioner organisations as requested by the Electricity Supply Board Retired Staff Association (details supplied); and if she will make a statement on the matter. [16013/15]
View answerI am glad to say that earlier this year, I introduced regulations and approved amendments to guidance issued by the Pensions Authority to provide for the recognition by the trustees of a pensions scheme of groups representing the interests of pensioners and deferred members of pension schemes. These changes mean that all groups representing the interests of the various categories of pension scheme membership are treated the same in the context of the provisions in the Pensions Act.
You might note that pension schemes in Ireland are generally set up under trust and, in that context the trustees of a pension scheme are required to act in the best interest of all scheme members.
In consideration of these changes, I raised the issue of access to the industrial machinery of the State with my colleague, the Minister for Jobs, Enterprise and Innovation. I can advise that the industrial relations system in Ireland is voluntary in nature both as regards access to the Labour Relations Commission and the Labour Court. I would expect that any group that is recognised for the purposes of collective representation with the trustees of a pension scheme could seek to engage voluntarily with the enterprise involved in talks or trade dispute with its employees.
47. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if a person (details supplied) in County Kildare, who has been in constant employment for more than 40 years qualifies for dental benefit; and if she will make a statement on the matter. [16154/15]
View answerThe person concerned is qualified for Treatment Benefit. An application for dental benefit can be made using a “D1” form, which is available from any contracted dentist.
