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Tuesday, 28 Apr 2015

Written Answers Nos. 411 - 431

Housing Adaptation Grant

Questions (411)

Peadar Tóibín

Question:

411. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the reason Meath County Council has not received its annual grant for housing aid for older persons; when the grant will be received; the amount involved and when the shortfall between the total amount of the grant and the need within the community will be covered. [16252/15]

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Written answers

The 2015 allocations in respect of the Housing Adaptation Grants for Older People and People with a Disability are currently under consideration in my Department and will issue shortly to all local authorities, including Meath County Council. Exchequer funding of over €37 million was provided by my Department for these grants last year and combined with an additional 20% contribution by individual local authorities, there was an overall spend 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.

Through careful management of my Department’s housing budget in 2014, additional funds were made available to local authorities with high levels of grant activity under this scheme. The same scrutiny will be applied to the capital budget for 2015 and, in the event of savings arising, opportunities will be examined to reallocate funds accordingly.

Postal Voting

Questions (412, 413)

Michelle Mulherin

Question:

412. Deputy Michelle Mulherin asked the Minister for the Environment; Community and Local Government the State bodies and organisations whose staff are entitled to apply for a postal vote, while stationed outside the state; and if he will make a statement on the matter. [16309/15]

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Michelle Mulherin

Question:

413. Deputy Michelle Mulherin asked the Minister for the Environment; Community and Local Government the circumstances under which a person who is eligible to be on the Electoral Register, but who is living outside the State, may be entitled to apply for a postal vote; and if he will make a statement on the matter. [16310/15]

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Written answers

I propose to take Questions Nos. 412 and 413 together.

In order to be able to vote at elections and referendums, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. Postal voting is provided for in electoral law in respect of certain categories of person who are entered in the register of electors - whole-time members of the Defence Forces; members of An Garda Síochána; Irish diplomats serving abroad and their spouses or civil partners; electors living at home who are unable to vote because of a physical illness or a physical disability; electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day and full-time students registered at their home who are living elsewhere while attending an educational institution in the State; certain election staff employed at the poll outside the constituency where they reside; and electors who because of the circumstances of their detention in prison pursuant to an order of a court are likely to be unable to go in person on polling day to vote. While electoral law is subject to ongoing review, I have no proposals at present to extend existing arrangements for postal voting. In responding to the recommendation of the Constitution on the Convention in their fourth report that there should be greater access to postal voting, the Government proposed that an Electoral Commission be tasked in due course with considering the issue and advising in detail on the electoral and operational implications, including costs, of implementing change in this area. As regards the Electoral Commission, I published a consultation paper on 27 January 2015. I discussed the paper with the Joint Oireachtas Committee on the Environment, Culture and the Gaeltacht on 10 March 2015 as part of the pre-legislative process for an Electoral Commission Bill. The Committee is now engaging in a consultation process on the paper and will report their recommendations to me in due course.

Housing Issues

Questions (414)

Róisín Shortall

Question:

414. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government the reason for the delay in announcing this year's funding allocation to each local authority under the housing strategy and, in view of the fact that a third of the year has passed and the housing lists are growing, if this information will now be provided. [16316/15]

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Written answers

Social housing targets and provisional funding allocations for the period 2015-2017 for all local authorities were announced on 1 April 2015. The targets involved are challenging but the provisional funding allocations provide the resources to support their achievement. On 16 April my Department wrote to each local authority confirming these targets in detail for the years 2015, 2016 and 2017. I look forward to the successful implementation of social housing delivery by all local authorities under the Social Housing Strategy 2020.

Vehicle Registration

Questions (415)

Michael McNamara

Question:

415. Deputy Michael McNamara asked the Minister for the Environment, Community and Local Government the recommended or legal limit for the length of time allowed for which a vehicle can be licensed by motor dealers without the motor dealer's name appearing in registration book; and if he will make a statement on the matter. [16317/15]

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Written answers

An administrative arrangement has been in place since 1987 to facilitate motor dealers by enabling them to temporarily tax a vehicle in their ownership pending resale without their particulars being entered on the registration document as an additional owner. Since the introduction of a trade licence system for distributors/dealers/garages in 1992, which allows holders of a trade plate to use a vehicle on the road without being taxed, this arrangement is now primarily of benefit to non-trade plate holders as it provides a mechanism for them to bring a vehicle on the road for demonstration purposes, etc. without being added as an owner. The arrangement was intended to be used as a temporary measure, pending resale of a vehicle. It was not the intention that the arrangement would be used to tax the same vehicle repeatedly or for a long period of time. A Circular that issued to motor tax offices in 1989 clarifies that it was not envisaged that a dealer would tax a vehicle for more than three months under the arrangement.

Planning Issues

Questions (416)

Jerry Buttimer

Question:

416. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government if it is possible for him to direct or instruct local authorities regarding granting planning permission to fast food outlets in close proximity to schools, by regulation; if it would require an amendment to existing legislation or if it would require new legislation; and if he will make a statement on the matter. [16332/15]

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Written answers

Planning authorities may, when adopting the Development Plan for their areas, adopt policies to curtail an excessive concentration of takeaways in particular areas.

Under planning legislation, the change of use of any premises to a takeaway or fast food outlet would require planning permission. In deciding whether or not to grant permission for a development, the relevant planning authority or An Bord Pleanála must consider the proper planning and sustainable development of the area having regard to the provisions of the development plan, any submissions or observations received, and relevant ministerial or Government policies including any guidelines issued by my Department. My predecessor published Local Area Plan Guidelines for Planning Authorities in June 2013. The Guidelines recognise the important role of planning in promoting and facilitating active and healthy living patterns for local communities. For example, the Guidelines suggest that the local area plan can promote active and healthier lifestyles by ensuring that, inter alia, exposure of children to the promotion of foods that are high in fat, salt or sugar is reduced through careful consideration of the appropriateness or location of fast food outlets in the vicinity of schools and parks. I have no current plans to amend the Local Area Plan Guidelines in this regard.

Rental Accommodation Scheme Payments

Questions (417)

Denis Naughten

Question:

417. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government the total funds paid under the rental accommodation scheme in 2014; and if he will make a statement on the matter. [16338/15]

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Written answers

Recoupment made to local authorities under the Rental Accommodation Scheme in 2014 amounted to €133,512,889.

Annual expenditure on the scheme covers not only the contracted rents due to private landlords but also payments that are made to Voluntary Housing Bodies, administration costs, deposits on newly acquired accommodation and payments made in respect of additional units supplied under the Social Partnership Agreement, Towards 2016.

Local Authority Housing Waiting Lists

Questions (418, 419)

Dan Neville

Question:

418. Deputy Dan Neville asked the Minister for the Environment; Community and Local Government the number of persons on the housing list for County Limerick in 2014; and if he will make a statement on the matter. [16383/15]

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Dan Neville

Question:

419. Deputy Dan Neville asked the Minister for the Environment; Community and Local Government the number of persons on the waiting list for council houses in County Limerick in 2013; and if he will make a statement on the matter. [16384/15]

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Written answers

I propose to take Questions Nos. 418 and 419 together.

The most recent Summary of Social Housing Assessments, carried out as at 7 May 2013, found that there were 2,810 households on the waiting lists of the Limerick local authorities at this date. The full results of the 2013 Summary are available at the following link: http://www.housing.ie/News/Current-News/18-12-13-Summary-of-Social-Housing-Assessments-201.pdf.

The 2013 figures are the most up-to-date figures available on waiting list numbers, which are subject to on-going fluctuation due to households being allocated housing and new households applying for housing support.  The 2013 results cannot be directly compared to previous assessments as the latest summary employed new and updated methodologies and was the first to be carried out under the 2011 Social Housing Assessment Regulations.

In order to get the most accurate data relating to the numbers applying for social housing support, the Government’s Social Housing Strategy 2020, published in November 2014, includes a commitment to increase the regularity of the summary of social housing assessments by undertaking it on annual basis from 2016 onwards.

Question No. 420 answered with Question No. 409.

Seniors Alert Scheme

Questions (421)

Michael McCarthy

Question:

421. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he is aware of the consequences that the Pobal senior alert proposal will have on volunteer groups; the rationale for dividing the country into ten regions, in the context of the tendering for the revised arrangements under the senior alert scheme; the reason an individual supplier is limited to delivering a service in three regions; the cost implications of this approach for the more isolated rural regions in respect of monitoring fees; and if he will make a statement on the matter. [16455/15]

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Written answers

My Department manages the Seniors Alert Scheme which encourages community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, of limited means, to continue to live securely in their homes with confidence, independence and peace of mind. The scheme is administered by local community and voluntary groups with the support of my Department.

Following a review in 2010 of the Community Support for Older People (CSOP), the forerunner for the Seniors Alert Scheme, one of the recommendations was that a centralised procurement process would simplify the scheme. By decreasing the level of administration for groups, this would allow them to spend more time on the key aim of the scheme, which is enhanced interaction with older persons and would also achieve value for money through economies of scale. It is anticipated that the resource efficiencies gained through the procurement and centralised financial management of service suppliers will allow more people to benefit from the scheme and will allow for consideration of funding additional items such as smoke detectors and/or carbon monoxide alarms under the Scheme.   

My Department undertook to consider new approaches to the Seniors Alert Scheme in 2014 and arising from this, it was decided that the scheme be managed by Pobal, given that organisation’s significant experience delivering programmes on behalf of Government.

Pobal’s management and administrative services for the Scheme included an invitation to tender for the supply and installation of personal monitored alarms, which was publicly advertised on eTenders on 20 October 2014. The tender included a requirement for suppliers to set out their value added services. The tender process, which is being led by Pobal, is almost complete. Following on from this, a panel of regional suppliers will be contracted to provide the equipment within specific regional areas. The tender was broken down into ten regional lots to ensure that SMEs were not disadvantaged due to excessively large lot sizes.

A monitoring services panel was also advertised via eTenders on 6 November 2014.  This process will engage a panel of quality checked monitoring suppliers who will outline the costs they charge and the service they provide.  This information will be provided to the community groups and individuals to ensure they can make the best choice in relation to their monitoring services supplier.  The use of this panel is voluntary; monitoring costs are not grant-aided and have always been the responsibility of the beneficiary. The older person will continue to be responsible for choosing the monitoring supplier of their choice.   

The transfer of the operation of the scheme to Pobal is scheduled for completion by end July 2015; the strategic policy direction of the Scheme will remain my Department’s responsibility. In the meantime, community and voluntary groups wishing to draw down grant support under the Seniors Alert Scheme should continue to apply to my Department in the usual way.

Social Inclusion and Community Activation Programme

Questions (422)

Joe Carey

Question:

422. Deputy Joe Carey asked the Minister for the Environment, Community and Local Government the progress in relation to the transfer of responsibility for the National Collective of Community Based Women's Networks to the Department of Justice and Equality; when this process is expected to be completed; and if he will make a statement on the matter. [16463/15]

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Written answers

My Department’s Local and Community Development Programme (LCDP) concluded on 31 March 2015 and the new Social Inclusion and Community Activation Programme (SICAP) was rolled out across communities 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 was subject to a public procurement process. The public procurement process was a competitive process that was open to Local Development Companies, other not-for-profit community groups, commercial firms and national organisations that could provide the services to be tendered for to deliver the new programme.

A number of entities involved in the delivery of LCDP, of which the National Collective of Community Based Women’s Networks (NCCWN) was one, did not submit a tender for SICAP. In order to ensure the maintenance, continuity and future delivery of the range of supports provided by the NCCWN, a revised scheme has been agreed between my Department and the Department of Justice and Equality. For the avoidance of doubt, this is a new scheme and does not involve the transfer of responsibility of any function from my Department.

The new scheme will continue to give a voice to women and will help to address poverty, social exclusion and gender inequality experienced by women. Arrangements are currently being finalised in relation to the funding mechanism for the new scheme and my Department is continuing to fund the NCCWN until the new funding arrangement has been finalised by the Department of Justice and Equality.

Shared Ownership Scheme

Questions (423)

Joe Carey

Question:

423. Deputy Joe Carey asked the Minister for the Environment, Community and Local Government if consideration will be given to the introduction of a new scheme to help those who are in difficulty meeting their final lump sum payments under the shared ownership scheme; and if he will make a statement on the matter. [16469/15]

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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. 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.

My Department’s latest guidelines for local authorities in dealing with mortgage arrears within the local authority sector, Dealing with Mortgage Arrears – A Guide for Local Authorities (June 2014), is available on my Department’s website at: http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,30943,en.pdf.

Building Regulations

Questions (424)

Barry Cowen

Question:

424. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if, under the building control regulations Statutory Instrument No. 9 of 2014, it is the case that the assigned certifier may be an employee of the developer; if this is the case, his views that this represents a potential conflict of interest in the inspection system; and if he will make a statement on the matter. [16561/15]

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Written answers

S.I. No. 9 of 2014 has strengthened the arrangements in place for the control of building activity by empowering competence and professionalism in design and construction and by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certificates of compliance for design and construction, lodgement of compliance documentation, mandatory inspection during construction, and validation and registration of statutory certificates.

The statutory certificates of compliance must be signed by a competent registered professional. Registered professionals who fail to adhere to proper standards of professional practice leave themselves open to disciplinary proceedings by their professional body for malpractice or misconduct and ultimately place their own livelihood at risk.

It is not clear what useful purpose would be served by imposing a requirement for independent certification of design and construction certification along the lines suggested. The merits of a designer overseeing the implementation of their design cannot be overlooked. Neither is there any intention to constrain the capacity of all-in service delivery models in key sectors of the industry. Enforcement powers under the Building Control Acts 1990 to 2007 continue to be vested in the local building control authorities and it is here that independence is called for and in place.

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 201 5 and is currently open for public consultation. I am confident that the review will inform further steps that may be taken 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 2015.

Septic Tank Inspections

Questions (425, 426, 427, 428, 429, 430, 431)

Michael Colreavy

Question:

425. Deputy Michael Colreavy asked the Minister for the Environment; Community and Local Government the number of septic tanks that have been inspected in County Westmeath, since the introduction of legislation requiring registration on 1 February 2013. [16637/15]

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Michael Colreavy

Question:

426. Deputy Michael Colreavy asked the Minister for the Environment; Community and Local Government the number of septic tanks that have been registered in County Westmeath. [16638/15]

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Michael Colreavy

Question:

427. Deputy Michael Colreavy asked the Minister for the Environment; Community and Local Government the total income to the State, so far, from septic tank registrations. [16639/15]

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Michael Colreavy

Question:

428. Deputy Michael Colreavy asked the Minister for the Environment; Community and Local Government the number of septic tanks inspected that have received grant aid to address the issues that came to light from inspections [16640/15]

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Michael Colreavy

Question:

429. Deputy Michael Colreavy asked the Minister for the Environment; Community and Local Government the total amount provided in grant aid for septic tanks; and if he will provide a breakdown, on a county basis. [16641/15]

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Michael Colreavy

Question:

430. Deputy Michael Colreavy asked the Minister for the Environment; Community and Local Government that due to the fact that the National Inspection Plan provided for 1,000 inspections of septic tanks by July 2014, the sanctions against local authorities who fail to meet this target. [16642/15]

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Michael Colreavy

Question:

431. Deputy Michael Colreavy asked the Minister for the Environment; Community and Local Government the facility in place for any owner of a septic tank, who suspects a problem, to obtain a local authority inspection; if the local authority are failing to meet the target of the National Inspection Plan. [16643/15]

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Written answers

I propose to take Questions Nos. 425 to 431, inclusive, together.

As of 27 April 2015, 11,195 domestic wastewater treatment systems in county Westmeath have been registered. This represents 92% of the estimated total number of domestic wastewater systems in the county based on Census 2011 data. The registration fees payable by owners of the domestic waste water treatment systems were collected by the Local Government Management Agency (LGMA) on behalf of the local authority in which the systems are located. The fees are intended to meet the costs incurred by the local authorities in maintaining their individual registers and in carrying out the risk-based inspections. Distribution of fees to individual local authorities is a matter for the LGMA.

The Water Services (Amendment) Act 2012 assigns responsibility to the Environmental Protection Agency (EPA) to make a National Inspection Plan for domestic wastewater treatment systems. The National Inspection Plan 2013: Domestic Waste Water Treatment Systems was adopted and published by the EPA in February 2013. Neither I nor my Department have any direct role in monitoring the implementation of the EPA’s Plan. However, the EPA has conducted a review on the implementation of the Plan for the period from 1 July 2013 to 30 June 2014. The report contains a breakdown, by county, of inspections that have taken place and includes details relating to non-compliant treatment systems and advisory notices. It is available on the Agency’s website at the following link: http://www.epa.ie/pubs/reports/water/wastewater/Report%20National%20Inspection%20Plan%20Web. pdf.

The EPA’s review indicates that 99% of inspections targeted in the Plan’s first year were completed by the local authorities, with only two authorities not completing the number of inspections allocated to them (though my Department has been advised that the outstanding inspections have since been completed). Part 4A of the Water Services Act 2007 (as amended), a copy of which is available in the Oireachtas library, provides appropriate enforcement powers to the EPA , which is the supervisory body for the purposes of implementation of the National Inspection Plan.

Selection of treatment systems for inspection is carried out by the local authorities using the EPA’s IT system which utilises WebGIS information. The selection system is based on risk criteria such as hydrological and geological conditions, density of one-off housing, proximity to drinking water sources etc. Householders cannot request inspections of their own treatment systems.

Section 70 of the Water Services Act 2007 places a duty of care on the owner of a premises to ensure that their waste water treatment systems are kept so as not to cause, or be likely to cause, a risk to human health or the environment, including waters, the atmosphere, land, soil, plants or animals, or create a nuisance through odours. The duty of care provisions have been augmented by the Water Services (Amendment) Act 2012 and associated regulations. Any person whose treatment system fails an inspection or, in the absence of an inspection, considers that their treatment system constitutes, or may constitute, a risk to human health or the environment is responsible for having any necessary remediation works carried out without delay.

The Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013, a copy of which is available in the Oireachtas library, brought into operation a grants scheme to assist with the cost of remediation of septic tanks and domestic waste water treatment systems which are deemed, following inspection under the EPA’s National Inspection Plan and the subsequent issue of an Advisory Notice by the local authority, to require repair or upgrading. The qualification criteria are set out in the legislation and full details of the scheme, including eligibility criteria, are set out in the explanatory leaflet and application form published on my Department’s website at: http://www.environ.ie/en/Publications/Environment/Water/FileDownLoad,33607,en.pdf.

Responsibility for the administration of my Department’s Rural Water Programme, under which funding is provided to recoup local authorities the grants paid by them in respect of the remediation of domestic waste water treatment systems, is devolved to the local authorities. Details of the grants recouped by my Department to the local authorities up to 24 April 2015 are set out in the table. The table does not include details of any grant applications currently being processed by the local authorities or amounts already paid but where recoupment applications have not yet been submitted to my Department.

Householders who do not meet the eligibility criteria included in the Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013 but wish to remediate or upgrade their on-site treatment systems may qualify for relief under the Home Renovation Incentive (HRI) Scheme introduced under Section 5 of the Finance (No. 2) Act 2013. The HRI scheme covers main residence repairs, renovations and improvements, including the repair or replacement of septic tanks. The scheme is administered by the Revenue Commissioners and full details are published on Revenue’s website at: http://www.revenue.ie/en/tax/it/reliefs/hri/hri-general-faqs.html.

County

Grant Amount

Recouped  - €

 

Number of grants Recouped

Clare

18,977

6

Cork

3,151

2

Galway

15,300

4

Kerry

6,859

3

Kildare

4,000

1

Leitrim

2,500

1

Limerick

14,500

4

Longford

4,000

1

Louth

4,000

1

Mayo

7,819

2

Meath

36,563

11

Monaghan

8,000

2

Roscommon

15,381

5

Sligo

23,161

6

Tipperary

9,741

4

Westmeath

2,896

1

Wexford

1,637

2

Totals

178,485

56

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