Wednesday, 29 Apr 2015

Written Answers Nos. 135 - 150

Building Regulations Application

Questions (135)

Maureen O'Sullivan

Question:

135. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will provide guarantees on the statutory register of builders in order that more than one register of builders is permitted, to avert monopolies, secure the public and industries' best interests and encourage choice, similar to what he has already agreed in recognising more than one register of architectural technologists; and if he will make a statement on the matter. [16957/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

The Construction Industry Register Ireland (CIRI) has been established by the Construction Industry Federation (CIF ) as a register of builders and contractors. Participation in the register is voluntary at present. I understand that over 600 building and contracting entities are currently included on the register and that a further 900 are at various stages of the registration process. Under its Construction 2020 strategy, the Government has signalled its commitment to placing the register on a statutory footing in 2015. This is seen as an essential consumer protection measure giving consumers who engage a registered builder the assurance that they are dealing with a competent and compliant operator. Legislative proposals in this regard are currently being prepared by my Department with a view to their being presented to Government for consideration in the near future.

Proposed Legislation

Questions (136)

Jerry Buttimer

Question:

136. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government if he will consider introducing legislation for the resolution of problems associated with high hedges and trees, similar to provisions in England, Wales and Northern Ireland, which demonstrates a clear preference for the resolution of such disputes at local level, preferably by mediation, with recourse to the courts only as a last resort; if such legislation is intended to reduce the risk of prolonged and costly litigation; and if he will make a statement on the matter. [16960/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Planning legislation places no specific restrictions on the height of trees, nor does it make any particular provision for remedy from any other nuisance which may be caused by trees in an urban residential area. However there is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on a person’s property.

The previous Minister of State for Housing and Planning wrote to the Minister for Justice in June 2012 to explore the possibility of providing a broader civil law remedy for parties affected by high trees and hedges on adjoining properties. In this regard, advice was sought on the possibility of legislative provision being made whereby a person substantially deprived of the enjoyment of their property, such as the deprivation of light caused by high trees on a neighbouring property, could apply to the Courts for an order, and that the Courts could make an order as they see fit, e.g. to cut the trees back to an appropriate height.

The Minister for Justice responded in July 2012 suggesting that disputes of this nature between neighbours could perhaps be more appropriately dealt with through mediation – which is being increasingly used internationally as a tool for the resolution of civil disputes - rather than through the Courts. In this regard, I understand that the Minister for Justice proposes to publish a Mediation Bill during 2015. Such mechanism, when introduced, should assist in speeding up the resolution of civil disputes of this nature, reduce legal costs and ameliorate the stress of contested court proceedings.

Local Authority Housing

Questions (137)

Patrick O'Donovan

Question:

137. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if elected members of local authorities are entitled to know, as members of the statutory housing authority for their area, the names of persons being allocated local authority houses; if he will confirm that there are no data protection limitations being placed on the local authority in question from providing that information to the elected member; and if he will make a statement on the matter. [16971/15]

Written answers

Minister for the Environment, Community and Local Government

The allocation of social housing support to qualified households is a matter for the local authority concerned, in accordance with the Housing (Miscellaneous Provisions) Act 2009 and associated regulations. There is no provision in this legislation in relation to the release or otherwise of the names of persons who have been allocated support. The release of such information is a matter for the individual local authority concerned, having regard to its obligations under the Data Protection Acts. Details on the requirements for data protection are available on the website of the Data Protection Commissioner - http://www.dataprotection.ie.

Seniors Alert Scheme

Questions (138)

Michael Creed

Question:

138. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 644 of 21 April 2015 and previous related parliamentary questions, wherein he confirms that community and voluntary groups and An Garda Síochána contributed to the review in 2010 of the community support for older people which was the forerunner to the seniors alert scheme, if he will confirm that no consultations have taken place with community and voluntary groups or An Garda Síochána regarding the changes proposed to the seniors alert scheme by this review; if he will consider, even at this late stage, consulting with those organisations that participated in the 2010 review and who participated in the drafting of the terms of reference for that review, regarding the changes that are now under way; and if he will make a statement on the matter. [16974/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

I refer to the replies to Questions Nos. 176,178,179, 180, 182 of 1 April 2015 and Question No. 644 of 21 April 2015, which set out the position in this matter. The position remains the same.

Local Authority Finances

Questions (139)

Clare Daly

Question:

139. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he is aware of the annual financial statement of Sligo County Council for the year ending 31 December 2013, which was circulated to members of the council in July 2014 for consideration at the July 2014 monthly meeting of the council; that there is a requirement that the council's annual financial statement be prepared by 1 April each year and that section 108 of the Local Government Act 2001 requires that, as soon as practicable after the preparation of an annual financial statement, such statement, with a report by the chief executive, shall be sent to each member of the local authority; if consideration will be given to introducing additional legislation or regulations in order to ensure that section 108 of the Local Government Act 2001 is complied with; and if he will make a statement on the matter. [16975/15]

Written answers

Minister for the Environment, Community and Local Government

Section 108 of the Local Government Act 2001 requires that each local authority shall prepare an Annual Financial Statement in accordance with the Local Authority Accounting in Ireland Code of Practice and Accounting Regulations issued by my Department. Section 108 also requires that as soon as practicable after the preparation of an Annual Financial Statement, such statement, with a report by the Chief Executive, shall be sent to each member of the local authority. When presenting an Annual Financial Statement, the Chief Executive is presenting unaudited or draft accounts. These cannot be taken as final accounts until the Local Government Audit Service (LGAS) completes their audit. The LGAS is statutorily responsible for carrying out an independent audit of each local authority’s financial statement and issues arising in the course of an audit are matters between the LGAS and the Council concerned.

To enhance the financial management and audit control systems in local authorities, a statutorily required audit committee, with both councillor and expert external membership, is now in place in each county and city council. This audit committee has an important role to play in supporting the elected members’ oversight of the performance of the Executive. The functions of an audit committee include reviewing financial and budgetary reporting practices and procedures within a local authority; reviewing auditors’ reports and special reports and assessing follow-up action by management; assessing and promoting efficiency and value for money, reviewing risk management systems and making such recommendations to the authority as the committee considers appropriate in respect of such matters.

I have no plans at this stage to introduce additional legislation or regulations in respect of the matter raised. I will, however, keep this matter under consideration.

Local Authority Finances

Questions (140)

Patrick O'Donovan

Question:

140. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will address a matter (details supplied) regarding the local authority municipal districts; and if he will make a statement on the matter. [16980/15]

Written answers

Minister for the Environment, Community and Local Government

Section 102(4A) of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014), provides the legislative basis for the draft budgetary plan for municipal districts.

The Local Government (Financial and Audit Procedures) Regulations 2014 provide a definition of General Municipal Allocation, set out a timeline for the submission of the draft budgetary plan to members of municipal districts and set out a time line for the finalisation of the draft budgetary plan.

Guidance associated with the General Municipal Allocation was circulated to Chief Executives of Local Authorities on 29 May 2014 and is available on my Department’s website at the following link: http://www.environ.ie/en/Publications/LocalGovernment/Administration/FileDownLoad,39484,en.pdf.

Broadband Service Provision

Questions (141)

Martin Heydon

Question:

141. Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources if he will provide an update on the provision of broadband in an area (details supplied) in County Kildare; and if he will make a statement on the matter. [16954/15]

Written answers

Minister for Communications, Energy and Natural Resources

The National Broadband Plan aims to ensure that every citizen and business, regardless of location, has access to a high quality, high speed broadband service. This will be achieved through a combination of commercial investments and a State led intervention in areas where commercial services will not be provided.

The commercial telecommunications sector is currently investing approximately €2.5 billion in network upgrades and enhanced services with approximately 1.6 million of the 2.3 million premises in Ireland expected to have access to commercial high speed broadband services over the next two years. These very significant investments represent a step-change in the quality of broadband services available.

Last November I published a national high speed coverage map for 2016. This map is available at www.broadband.gov.ie. The areas marked BLUE represent those areas that will have access to commercial high speed broadband services by end 2016.

The AMBER areas show the target areas for the State intervention.

Based on information provided by commercial operators, 61% of Allenwood Middle and 78% of Allenwood North, Co Kildare will be covered by the commercial sector. The remaining 39% of Allenwood Middle and 22% of Allenwood North Co Kildare will be part of the State intervention. Members of the public can consult the map to establish for themselves the precise location and status of their individual premises.

Intensive design and planning work is underway in my Department to produce a detailed intervention strategy for the AMBER area. Following a public consultation process on the draft Intervention Strategy this summer, I hope to move to formal procurement phase towards the end of this year in order to select a preferred bidder or bidders.

I anticipate that the first homes and businesses will be connected in 2016 and connections will continue thereafter, with the intention of having all premises connected within a 5 year period.

This complex and ambitious project is a key priority for Government and aims to conclusively address current broadband connectivity issues in mainly rural parts of the country.

Road Traffic Offences

Questions (142)

Thomas P. Broughan

Question:

142. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 711, if he will report on the reply by the Road Safety Authority regarding the number of disqualified drivers that it reported to An Garda Síochána in the years 2012 to 2014 and in 2015 to date, which showed that only three were reported during this period; and if he will make a statement on the matter. [16895/15]

Written answers

Minister for Transport, Tourism and Sport

The RSA has overall responsibility for this matter. I have therefore referred the Deputy's Question to the RSA for direct reply.  Please advise my Office if you do not receive a reply within ten working days.

Taxi Regulations

Questions (143)

Dessie Ellis

Question:

143. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport his plans to improve data protection for taxi drivers and their licences in order to make it harder for criminals to clone licences or to access sensitive details on drivers, which may be exploited. [16510/15]

Written answers

Minister for Transport, Tourism and Sport

The regulation of the small public service vehicle (SPSV) industry is a matter for the National Transport Authority (NTA) under the provisions of the Taxi Regulation Act 2013, including matters pertaining to data protection for SPSV drivers and their licences.  

I have referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.

Taxi Regulations

Questions (144)

Seán Kyne

Question:

144. Deputy Seán Kyne asked the Minister for Transport, Tourism and Sport if he will report on the take-up of the grant system for facilitating the adaptation of taxis and other such vehicles for persons with a disability; if the scheme will open to new applications; and if he will make a statement on the matter. [16503/15]

Written answers

Minister for Transport, Tourism and Sport

The regulation of the small public service vehicle industry, including the managment of the grant scheme for wheelchair accessible vehicles, is a matter for the National Transport Authority (NTA) under the provisions of the Taxi Regulation Act 2013.  

I have referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.

Public Transport Provision

Questions (145)

John Halligan

Question:

145. Deputy John Halligan asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 196 of 1 October 2014, in which it was stated that Bus Éireann would not be privatised and there would be no loss of services to Waterford, if he will acknowledge that this has not been the case and that already many major routes have been scrapped from the services provided here, County Waterford being one of the most affected areas in the country since the announcement; that following privatisation there will be nothing preventing private contractors paying minimum wages to experienced employees; that there is no obligation contained within European Union legislation forcing the move to privatise 10% of the transport service; the outcome of negotiations between the National Transport Authority and the Department of Social Protection in relation to the honouring of free travel passes going forward; and if he will make a statement on the matter. [16854/15]

Written answers

Minister for Transport, Tourism and Sport

I refer the Deputy to my reply to Priority Question No. 1 which I answered earlier.

In relation to the Deputy's comments on negotiations between the National Transport Authority and the Department of Social Protection on the question of honouring the Free Travel Passes going forward, this matter is being pursued directly by the NTA with the Department of Social Protection.

Sports Capital Programme Expenditure

Questions (146)

Pat Deering

Question:

146. Deputy Pat Deering asked the Minister for Transport, Tourism and Sport if he will provide, in tabular form, the amount of unspent sports capital allocation on a county basis since 2012. [16861/15]

Written answers

Minister of State at the Department of Transport, Tourism and Sport

The information sought by the Deputy, as of Monday 27 April 2015, is set out in the table.

County	Total Remaining
Carlow	688,151
Cavan	907,055
Clare	924,431
Cork	4,270,254
Donegal	1,418,785
Dublin	15,774,554
Galway	2,069,716
Kerry	1,269,581
Kildare	2,102,684
Kilkenny	1,183,122
Laois	633,376
Leitrim	634,255
Limerick	1,275,960
Longford	273,595
Louth	1,247,283
Mayo	1,490,484
Meath	2,045,600
Monaghan	676,237
Offaly	508,953
Roscommon	500,965
Sligo	1,085,573
Tipperary	1,918,499
Waterford	1,043,702
Westmeath	736,229
Wexford	1,492,255
Wicklow	1,515,986
Grand Total	47,687,285

National Car Test

Questions (147)

Thomas P. Broughan

Question:

147. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if he will report on the current waiting times for an appointment for the national car test in each test centre in Dublin and elsewhere. [16885/15]

Written answers

Minister for Transport, Tourism and Sport

The Road Safety Authority (RSA) has overall responsibility for the operation of the National Car Test and as such, statistics relating to NCT waiting times in Dublin and around the country are a matter for the Authority. I have therefore referred the Deputy's Question to the RSA for direct reply.  Please advise my Office if you do not receive a reply within ten working days.

Road Traffic Offences

Questions (148)

Thomas P. Broughan

Question:

148. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 609 of 20 January 2015, if he will report on the current status of the arrangements for the commencement of section 44 of the 2010 Act. [16886/15]

Written answers

Minister for Transport, Tourism and Sport

Section 44 of the Road Traffic Act 2010 provides for the introduction of a "third payment option" within the Fixed Charge Processing System (FCPS). Under this mechanism a person who is served with a summons for a fixed charge offence will have a final opportunity to pay a fixed charge, of an amount 100% greater than the original penalty, not later than seven days before the Court date on which the charge is to heard. If a person takes up this option, proceedings are discontinued and the person need not attend.

The introduction of the "third payment option" is a complex project involving my Department, An Garda Siochana, the Department of Justice & Equality, the Courts Service and the Attorney General's Office. Implementation is currently planned for mid to late 2016.

Rail Services Provision

Questions (149)

Thomas P. Broughan

Question:

149. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if European Union funding is available for the purchase of extra inter-city rail and Dublin area rapid transit rail cars for Iarnród Éireann. [16887/15]

Written answers

Minister for Transport, Tourism and Sport

Ireland successfully applied for EU co-funding for railcars under the 2007-2013 BMW Regional Operational Programme 2007-13. In addition, co-funding is being provided under the Interreg IV A Programme for the refurbishment of the Enterprise cross-broder rolling stock, in co-operation with Northern Ireland Railways. However, I understand that similar funding is not available under the 2014-2020 round of EU co-funding.

In any event, even if EU co-funding was potentially available, the Exchequer would need to provide the vast majority of funding towards any purchase of new rolling stock. For example, with 10% EU co-funding, the Exchequer would need to fund the remaining 90%.

Under the current capital plan the key priority with the level of resources available is to protect investments made to date and to maintain safety standards. There is currently no Exchequer funding available to purchase new railcars.

However planning for the next capital plan to 2020 is underway and the question of funding for DART and intercity rail projects  will be considered having regard to priorities for funding across all transport sectors and the level of funding available.

Railway Stations

Questions (150)

Michael Healy-Rae

Question:

150. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding storage facilities at Heuston Station, Dublin 8; and if he will make a statement on the matter. [16931/15]

Written answers

Minister for Transport, Tourism and Sport

The issue raised is a matter for Iarnród Éireann and I have forwarded the Deputy's question to the company for direct reply.  Please advise my private office if you do not receive a response within ten working days.