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Thursday, 14 May 2015

Written Answers Nos. 202 to 212

Special Educational Needs Service Provision

Questions (202)

Bernard Durkan

Question:

202. Deputy Bernard J. Durkan asked the Minister for Education and Skills if consideration will be given to the provision of a special needs assistant in respect of a child (details supplied) in County Kildare; and if she will make a statement on the matter. [19100/15]

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Written answers

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support enrolled in the school. Where children have significant care needs whereby they may need additional support to be able to attend school, the NCSE may make an allocation of SNA support to the school to assist that child.

The NCSE operates within my Department's criteria in allocating such support. The criteria by which SNA support is allocated to pupils is set out in my Department's Circular 0030/2014.

The deployment of SNAs within schools is a matter for the individual Principal/Board of Management. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised.

All schools have been asked to apply to the NCSE for SNA support for the 2015/16 school year by 18th March, 2015.

The NCSE will consider all applications for SNA support which have been made by schools. Schools will be advised of their revised SNA allocations for the 2015/16 school year, prior to the end of the current school year.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

As the Deputy's question relates to the consideration of an the SNA allocation by the NCSE to an individual, I have referred this question to the NCSE for their consideration and direct reply to the Deputy.

Rural Development Policy

Questions (203)

Brendan Griffin

Question:

203. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the position regarding the implementation of the recommendations of the report by the Commission for the Economic Development of Rural Areas; and if he will make a statement on the matter. [19012/15]

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Written answers

The Minister and I are fully committed to supporting the development of rural Ireland and in this regard, we are also committed to advancing the implementation of the CEDRA Report recommendations and to ensuring that national and local systems and programmes facilitate and support rural development and rural communities. To facilitate this agenda, I established the CEDRA Interdepartmental Group (IDG), comprising senior representatives of all relevant Government Departments. As Chair of that Group, I am working to ensure that the work that is being progressed across Government Departments has a rural focus and reflects the challenges and issues facing rural Ireland.

The IDG, which is made up of representatives from all relevant Government Departments, is currently working in a coordinated way to ensure that each Department’s policy development and implementation fully considers the needs of rural communities. In this context, it is about maximising the financial resources already available for rural development and ensuring that these resources are directed in a way that best supports the sustainable economic development of rural areas.

In addition to this, both Minister Kelly and I have indicated recently that we intend to advance the implementation of recommendation 1 of the CEDRA Report, which calls for the development of a Rural Policy Statement. Work on this will begin shortly and I am confident that this will provide a framework to ensure that due consideration is given to the challenges and issues facing rural communities and will support the alignment of policy design and implementation frameworks.

In order to maintain strong links with people in rural Ireland who are involved in or have a strong interest in the economic development of rural areas and communities, the Minister and I have recently established an Expert Advisory Group to monitor progress and provide advice in respect of the implementation of the recommendations in the CEDRA report. This group, which is chaired by Mr. Pat Spillane and met for the first time recently, is looking at the CEDRA recommendations with a view to offering advice regarding priority actions to support the implementation process.

€1 million was allocated in the Budget for 2015 to establish a Rural Innovation and Development fund in line with CEDRA recommendations to support innovative, small scale pilot initiatives. Agreement has been reached on the types of projects to be supported under this scheme and a call for proposals for some elements will issue shortly.

Work is also advancing on the establishment of a Rural Economic Development Zone (REDZ) pilot scheme and an amount of €2 million is being made available to support the implementation of this pilot. I expect to announce the details of this pilot shortly. A further €5 million has also been provided for an expanded REDZ scheme under the LEADER elements of the Rural Development Programme and I am confident that the learning from the pilot will allow us to progress that in early 2016.

It should be noted that significant progress has already been made in terms of implementing the recommendations of the CEDRA Report and this will continue through the work of the IDG over the coming period.

Consultancy Contracts Data

Questions (204)

Joanna Tuffy

Question:

204. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government the expenditure on consultancy by his Department; the number of consultants engaged by his Department in the years 2011 to 2014; the names of the consultancy companies awarded contracts; and the steps which have been taken to reduce the expenditure on consultancy and the reliance on consultants by his Department in these years and for the future. [18951/15]

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Written answers

The information requested on expenditure and the number of consultants engaged by my Department is set out in the following table. The information relates to the current configuration of my Department (i.e. Heritage consultancies are excluded and Community consultancies are included from 2011).

-

2011

2012

2013

2014

Consultancy Expenditure

€1.826m

€3.251m

€1.218m

€1.177m

No. of Consultants

19

25

25

22

The names of the consultants* are set out in the following table:

A&L Goodbody Solicitors

AECOM

AP Env Econ Limited

ARUP Consulting Engineers

Barrow Archaeological Services

Bid Management Services

Building Research Establishment Ltd.

Deloitte

Derek Moynihan

DKM Economic Consultants

Dr. Eoin O'Sullivan, Trinity College Dublin

DTZ Sherry Fitzgerald

Duncan Lawrence Environmental Ltd.

Economic and Social Research Institute (ESRI)

Egan, Fitzpatrick, Malsch & Lawrence

Flynn Furney Consultants Ltd

Frank Curran Consultants Ltd

Glas Ecology

Housing and Sustainable Communities Agency

Indecon

Institute of Public Administration (IPA)

Irish Concrete Federation Ltd

KW Research & Associates

MacCabe Durney Barnes

Malachy Walsh & Partners

Marine Institute

Mason Hayes & Curran

Mazars

Mr Hendrik W van der Kamp

Mr. David Lovegrove

Mr. Eamon Galligan SC

Mr. Seamus Woulfe SC

Munster Archaeology

Murtagh & Partners

Napier University Ventures Ltd

National Economic and Social Council (NESC)

National Standards Authority of Ireland (NSAI)

National University of Ireland Galway (NUIG)

O'Herlihy Consultancy

Padraic Thornton Planning & Environmental Consultancy

Pembroke Communications

Price Waterhouse Coopers

Pyrite Panel

RPS Group

Sean O' Riordain & Associates

SLR Environmental Consulting (Ireland) Ltd

SQW Limited

Sweeney Consulting (Scotland) Limited

Tobin Consulting Engineers

Tom Philips Associates

TRL Limited

University College Cork (UCC)

White Young Green

*Certain consultants were engaged in more than one year and in more than one contract.

My Department’s consultancy budget is managed in accordance with Government policy and consultants are only engaged where specific expertise is required which is not available in my Department. My Department also uses its training and development budget to up-skill staff with expertise necessary for the ongoing performance of the Department’s business.

Irish Water Administration

Questions (205)

Mary Lou McDonald

Question:

205. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if persons who receive estimated bills from Irish Water will have their moneys taken directly from their pay, pension or social welfare payment should their bill go unpaid. [18971/15]

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Written answers

In 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.  As announced recently, the Government intends to bring forward legislation to implement a number of recommendations of the Law Reform Commission in relation to the enforcement of debt. Accordingly, my colleague, the Minister for Justice and Equality will be bringing forward a Civil Debt (Procedures) Bill which will allow creditors to apply to the Court for an order enabling either attachment of earnings or deduction form social welfare payments, as appropriate for the purposes of enforcing debt.

I will be bringing forward measures to strengthen the regulatory regime around the payment of charges through measures not involving court proceedings. Full details will be available on publication of the legislative provisions.

Architectural Heritage

Questions (206, 207)

Sean Conlan

Question:

206. Deputy Seán Conlan asked the Minister for the Environment, Community and Local Government his obligations to ensure that property within the ownership of Monaghan County Council is in compliance with the Planning and Development Acts 2000 to 2010, and in particular in relation to protected structures; and if he will make a statement on the matter. [18973/15]

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Sean Conlan

Question:

207. Deputy Seán Conlan asked the Minister for the Environment, Community and Local Government the steps he will take to ensure that the future viability of the Court House-Market House in Castleblayney in County Monaghan, a protected structure of architectural heritage, is protected and prevented from progressing from a state of endangerment into a state of dereliction, in contravention of the Planning and Development Acts; the funding that can be made available, as a matter of urgency, to prevent this from occurring; and if he will make a statement on the matter. [18974/15]

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Written answers

I propose to take Questions Nos. 206 and 207 together.

Section 58 of the Planning and Development Act 2000, as amended, provides that an owner and occupier of a protected structure or a proposed protected structure must, to the extent consistent with the rights and obligations arising out of their respective interests in the structure, ensure that the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, is not endangered.

Compliance with section 58 in respect of the building mentioned is a matter for Monaghan County Council. Under section 30 of the Planning and Development Act 2000, I am specifically precluded from exercising any power or control in relation to any particular case, with which a planning authority or An Bord Pleanála is or may be concerned.

Control of Dogs

Questions (208)

Clare Daly

Question:

208. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he is aware of the peer-reviewed research that highlights that it is impossible to accurately identify a dog's breed or mix of breed; his views on the research, based on international best practice, which recommends the introduction of restrictions based on a dog's behaviour rather than the current regulations; and the barriers that exist for the review of current regulations. [18998/15]

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Written answers

My attention has been drawn to an unedited manuscript entitled Human hospitalisations due to dog bites in Ireland (1998-2013): Implications for current breed specific legislation by Páraic Ó Súilleabháin which is stated to have been accepted for publication in the Veterinary Journal.

The Control of Dogs Regulations 1998 require that dogs of certain breeds, and strains or crosses of those breeds, shall be securely muzzled and led by a sufficiently strong chain or leash, not exceeding two metres in length, by a person over the age of sixteen years who is capable of controlling the dog, when it is in a public place. These specific control requirements in relation to certain breeds were introduced as a balanced and workable arrangement which recognises the rights of dog owners, while also taking account of the needs of society to be protected from dogs with a significant capability to inflict very serious injury.

Consultations in relation to these regulations, including in relation to the breeds to be subject to the restrictions, were conducted with a number of animal welfare organisations, veterinary bodies and other stakeholders. Several jurisdictions have addressed the matter of restrictions of particular breeds of dogs in a similar way to Ireland, with England, Northern Ireland, France and New Zealand all having similar restrictions on specific breeds of dog.

I refer to the reply to Questions Nos 542, 543 and 559 of 6 May 2015 which sets out the position in relation to the onus on dog owners and those in control of dogs to act responsibly by keeping their dogs under effectual control, irrespective of breed, and in relation to review of the relevant legislation.

Rural Development Programme Funding

Questions (209)

Brendan Griffin

Question:

209. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the amount of additional Exchequer funding that will be required to draw down the maximum amount of Leader funding for the rural development programme 2014 to 2020; and if he will make a statement on the matter. [19010/15]

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Written answers

The Rural Development Programme 2014-2020 is a co-financed programme with a proportion of the programme coming from the European Agricultural Fund for Rural Development (EAFRD) and the remainder coming from the National Exchequer. The co-financing rate for the LEADER elements of the Rural Development Programme 2014-2020 is 65% EAFRD and 35% National Exchequer.

The total Rural Development Programme 2014-2020 allocation from the EAFRD was €2.19 billion and the Irish Government decided to allocate 7% of this to LEADER. On that basis the proportion of the EAFRD that is allocated to LEADER in Ireland is €153 million. On the basis of the 65%/35% co-financing rate the Exchequer funding required in order to ensure maximum draw down from the EAFRD is €82.4 million.

Leader Programmes Funding

Questions (210)

Brendan Griffin

Question:

210. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will explain the methodology applied to establish the level of Leader funding to be made available to local development companies in counties under the 2014 to 2020 regional development programme; the reason for the very high levels of funding reduction, by percentage, for counties on the western seaboard; and if he will make a statement on the matter. [19011/15]

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Written answers

In determining the county allocations for the LEADER elements of the Rural Development Programme 2014-2020 three objective criteria were used, namely, minimum allocation, population density and a Resource Allocation Model (RAM). Each sub-regional area was given a minimum allocation of €3 million to ensure that each county received a viable allocation in line with European Commission guidelines. Cork was allocated €6 million as a minimum in order to ensure a viable allocation to each of the three administrative districts within the county. The fact that the population in Cork, outside the city, is almost twice that of any other county and more than three times some counties, was also taken into consideration. Nationally, these minimum allocations total €81 million. A measure of population density (county population divided by km2) was used to distribute one half of the remaining fund (€69.5m). An ‘average amount’ based on 26 counties was calculated. Each county’s population density was then compared to the average population density for the country. For those counties where the density was above or below average the average amount was adjusted upwards (below average) or downwards (above average) based on the percentage deviation from the average to determine an allocation to each county.

The second half of the remaining fund (€69.5 million) was allocated to each county using a Resource Allocation Model (RAM). The model was developed by Trutz Haase using information from the 2011 census and the Trutz Haase deprivation index as a measure of deprivation. The underlying variables of the model include consideration of demographic decline, social class deprivation and labour market deprivation. The model also used CSO area classification to measure the urban-rural spectrum. These calculations were weighted towards rural areas and considered areas with low and medium deprivation.

The final allocations for each county determined using the methodology outlined above are set out in Table 1.

Table 1: LEADER Allocations 2014-2020

County

Programme Allocation

Rural Dublin

€6,370,438.43

Kildare

€5,261,600.01

Meath

€6,903,123.57

Wicklow

€6,336,549.00

Carlow

€6,416,803.43

Kilkenny

€7,791,572.91

Wexford

€9,840,140.56

Tipperary

€10,103,443.28

County Waterford

€7,522,796.18

County Cork

€13,938,823.22

Kerry

€10,219,868.29

Clare

€8,920,224.65

County Limerick

€9,276,593.96

County Galway

€12,195,883.61

Mayo

€11,121,431.88

Roscommon

€8,852,659.22

Louth

€6,101,862.01

Leitrim

€5,998,474.74

Sligo

€7,655,647.81

Cavan

€8,522,285.84

Donegal

€12,913,877.86

Monaghan

€7,592,719.51

Laois

€7,124,586.86

Longford

€7,597,623.07

Offaly

€8,036,763.90

Westmeath

€7,384,206.22

Total

€220,000,000.00

Using this methodology, which I am satisfied is fair and consistent, each county was allocated a proportionate share of the funding available through the LEADER elements of the RDP. While the allocation for the LEADER element of the 2014-2020 Programme is less than the value of the LEADER element of 2007-2013 programme, I am confident that within the confines of the fiscal environment we have experienced in the recent past, the Government has allocated the maximum amount possible to support the LEADER elements of the 2014-2020 programme. This funding, coupled with the Government’s drive to increase coordination at a local level and the commitment to the delivery of the recommendations in the report of the Commission on the Economic Development of Rural Areas (CEDRA), will ensure that the impact of the available funding will be maximised to support the sustainable development of our rural communities.

Irish Water Administration

Questions (211)

Róisín Shortall

Question:

211. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government if there is a legislative underpinning to the rebate that he has previously stated is available to Irish Water customers who move from an assessed charge to a metered charge and find their average usage is below that of the assessed charge; and if he will ensure that home owners who have meters installed in 2016 will be entitled to this rebate for the full 2015 payment period. [19047/15]

View answer

Written answers

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels.

Under section 3(13) of the Water Services Act 2014, if a dwelling is metered after 1 January 2015 and if a household’s usage for the first metered year is less than the relevant capped charge, the household will be due a once-off rebate on the difference between the charges paid for the unmetered period and the charge that would have been paid through metered usage. This will be automatically calculated by Irish Water after a full year of metered usage and normally applied as a once-off credit to the customer’s account.

Irish Water has established a dedicated team to deal with representations and queries from public representatives. They may be contacted via email at oireachtasmembers@water.ie or by telephone on 1890 578 578.

Electromagnetic Fields Studies

Questions (212)

Martin Heydon

Question:

212. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the progress with the report on the potential health effects of electromagnetic fields; and if he will make a statement on the matter. [19067/15]

View answer

Written answers

My Department has commissioned a study to review and report on international developments on the potential health effects of electro-magnetic fields. This study will examine international developments in non-ionising radiation (NIR) and electromagnetic fields (EMF) research, which have taken place since publication in 2007 of a report by the then Department of Communications, Marine and Natural Resources, entitled Health Effects of Electromagnetic Fields.

Representatives from a number of Departments, together with national and international experts, are currently overseeing the study which is being undertaken by RIVM, the Dutch National Institute for Public Health and the Environment. It is expected that the report will be completed in the near future and will be published soon thereafter.

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