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Wednesday, 27 May 2015

Written Answers Nos. 181 - 200

Freedom of Information

Questions (181)

Jim Daly

Question:

181. Deputy Jim Daly asked the Minister for Education and Skills if minutes of meetings and statements of financial accounts are available on request or under freedom of information legislation from school boards of management; and if she will make a statement on the matter. [21021/15]

View answer

Written answers

A Board of Management established under Section 14 of the Education Act 1998, other than a Board of Management of a school established or maintained by an Education and Training Board (ETB), is currently exempt from the Freedom of Information Acts.

Section 18 of the Education Act 1998 requires schools, other than schools established or maintained by an ETB, to keep all proper and usual accounts and records of all monies received by it or expenditure of such monies incurred by it and to ensure that in each year all such accounts are properly audited or certified in accordance with best accounting practice. The Act further requires that such accounts shall be made available by the school for inspection by the Minister and by parents of students in the school, in so far as those accounts relate to monies provided in accordance with Section 12 of the Act.

The accounts of schools established and maintained by an ETB form part of the accounts of the relevant ETB.

School Transport Provision

Questions (182)

Caoimhghín Ó Caoláin

Question:

182. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills the position regarding school transport in respect of children (details supplied) in County Meath; the options available; and if she will make a statement on the matter. [21053/15]

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Written answers

In general, under the terms of my Department's Primary School Transport Scheme, children are eligible for transport where they reside not less than 3.2 kilometres from and are attending their nearest national school.

Bus Éireann has advised that the children in question are not eligible for school transport as they are not attending their nearest Gaelscoil.

While it is the prerogative of parents to send their children to the school of their choice, eligibility for school transport is to the nearest school.

The terms of the Primary School Transport Scheme are applied equitably on a national basis.

Local Authority Staff

Questions (183)

Sandra McLellan

Question:

183. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government if he will ensure funding is provided to Cork County Council as per its request to employ a school warden to manage a pedestrian crossing at a school (details supplied) in County Cork; and if he will make a statement on the matter. [20902/15]

View answer

Written answers

My Department has not received a sanction request from Cork County Council for a School Warden.

Planning Issues

Questions (184)

Michael McCarthy

Question:

184. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding an affordable housing scheme; and if he will make a statement on the matter. [20906/15]

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Written answers

Under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case, including enforcement matters and Part V agreements, with which a planning authority or An Bord Pleanála is or may be concerned.

Enforcement of planning control is a matter for the planning authority, which has substantial enforcement powers under the Planning and Development Act 2000, as amended.

Local Authority Finances

Questions (185, 186, 187)

John Lyons

Question:

185. Deputy John Lyons asked the Minister for the Environment, Community and Local Government the date on which local authorities can commence with the imposition of the 3% levy on vacant land, as proposed in the planning (No.1) Bill. [20907/15]

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John Lyons

Question:

186. Deputy John Lyons asked the Minister for the Environment, Community and Local Government the projected revenue to local authorities of the 3% levy on vacant land in a full year. [20908/15]

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John Lyons

Question:

187. Deputy John Lyons asked the Minister for the Environment, Community and Local Government if the projected revenue to local authorities of the 3% levy on vacant land in a full year remains with the local authorities as additional revenue or if it is deducted from the Exchequer allocation to the local authority or if it is paid directly to central government. [20910/15]

View answer

Written answers

I propose to take Questions Nos. 185 to 187, inclusive, together.

The Government, at its meeting on 30 September 2014, approved the publication of the General Scheme of the Planning and Development (No.1) Bill 2014 and the subsequent drafting of a Bill along the lines of the General Scheme. The General Scheme was published in November 2014.

The proposed Bill is primarily aimed at supporting the implementation of a number of elements of the Government’s Construction 2020: A Strategy for a Renewed Construction Sector, with a particular focus on addressing housing supply-related issues with a view to facilitating increased activity in the housing construction sector.

One of the measures which it is proposed to provide for in the Bill is the introduction of a vacant site levy aimed at incentivising the development of vacant, underutilised sites in urban areas. It is proposed that any proceeds generated from the application of the measure will be retained by the relevant local authority for expenditure on the provision of housing and on local improvement works to facilitate the regeneration of the area in which a vacant site is situated. It is not possible at this stage to provide an estimate of the projected annual revenue that the measure might generate.

It is expected that the Bill will be published in the coming weeks with a view to enactment before the summer recess.

Election Management System

Questions (188)

Peadar Tóibín

Question:

188. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the provisions he will he put in place to provide prior notice to the family members of residents of nursing homes to allow them assist their relatives to vote, if this is sought. [20956/15]

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Written answers

An elector ordinarily resident in a hospital, nursing home or other similar institution who is unable to go in person to vote at their normal polling station by reason of a physical illness or disability may apply to be included in a special voters list. Arrangements are made at each election or referendum for such voters to vote at the institution where they are resident. This is facilitated by the appointment of a special presiding officer accompanied by a Garda.

Electoral law does not provide for any person other than the special presiding officer to assist such an elector and I have no proposals to amend existing legislation in this regard. The special presiding officer may assist the special voter to vote in the same way as a presiding officer may do in a polling station.

Departmental Funding

Questions (189)

Ciaran Lynch

Question:

189. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government the position regarding the funding of deaf advocacy services provided by the Irish Deaf Society (details supplied); and if he will make a statement on the matter. [20960/15]

View answer

Written answers

The funding Scheme to Support National Organisations (SSNO) in the community and voluntary sector aims to provide multi-annual funding to national organisations towards core costs associated with the provision of services. Applications for a new round of funding, which commenced on 1 July 2014, were subject to an appraisal process.  55 applications were approved for funding for the two-year period from 1 July 2014 to 30 June 2016. A number of previously funded organisations were not approved for funding on this occasion.

On 18 July 2014, it was announced that bridging funding of €1.4million would be allocated for a twelve month period to a number of previously funded health, disability and other organisations that were not approved for funding under the new scheme, pending the carrying out of a review of the public funding of national organisations in the health and disability sector.

On 25 May 2015 I announced that that funding will be provided from 1 July this year to 30 June 2016 to a number of health, disability and other organisations, including the Irish Deaf Society following a review in relation to the impact of the cessation of their current funding on 30 June 2015.

Funding of €1.32 million is being made available for this 12 month period to organisations, currently funded under a bridging scheme which was put in place to support the majority of organisations who were unsuccessful in their applications under the Scheme to Support National Organisations (SSNO) but had received funding previously from it up to 30 June 2014 and submitted a valid application in 2014. This further support will be based on current levels of funding to the organisations in question and is being provided through a Developmental Scheme to Support National Organisations. The funding to be provided to each organisation is set out in the following table.

It is envisaged that the new Scheme to Support National Organisations will be advertised in early 2016 and all groups will be required to apply for funding under the Scheme and meet the criteria required for funding. The funding over the next 12 months will give time for organisations to prepare their applications.

Association

Bridging Funding Provided 1 July 2014 to 30 June 2015

Arthritis Ireland

53,882

Asperger Syndrome Association of Ireland Ltd

41,448

Asthma Society of Ireland

41,448

Breaking Through Limited

58,028

Chronic Pain Ireland Limited

37,304

Dyslexia Association of Ireland

62,172

Genetic and Inherited Disorders Organisation Ltd

16,580

GROW in Ireland

16,580

Huntington's Disease Association of Ireland Limited

19,066

Irish Deaf Society The National Association of the Deaf Limited

62,172

Irish Heart Foundation

41,448

Irish Mountain Rescue Association

58,028

Irish National Council of Attention Deficit Disorder Support (INCADDS)

33,158

Irish Stammering Association

24,868

Migraine Association of Ireland Ltd

29,014

Motor Neuron Disease Association

24,868

MOVE Ireland

41,448

Muintir na Tíre

70,462

Muscular Dystrophy Ireland

37,304

National Association for Spina Bifida and Hydrocephalus Ireland Limited

37,304

National Association for Youth Drama Ltd

29,014

New Communities Partnership (NCP) Ltd

74,606

Peter Bradley Foundation Limited

41,448

Post Polio Support Group Limited

24,868

Safe Ireland

74,606

Show Racism The Red Card Limited

29,014

Suas Educational Development

37,304

The Alzheimer Society of Ireland

62,172

The Carers Association Limited

62,172

The Multiple Sclerosis Society of Ireland

49,738

The Neurological Alliance of Ireland

49,738

The Union of Voluntary Organisations of People with Disabilities

45,592

Rights of Way Provision

Questions (190)

Michael Healy-Rae

Question:

190. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding access at a location (details supplied) in County Kerry; and if he will make a statement on the matter. [20975/15]

View answer

Written answers

I understand from Kerry County Council that 4 rights of way in this area were proposed for inclusion in their Development Plan pursuant to section 14 of the Planning and Development Act 2000. However in relation to one of these, the landowner has appealed the matter to the Circuit Court, as permitted by section 14.

This is a matter for Kerry County Council, and the Courts, and I have no role in relation to it.

Planning Issues

Questions (191, 192, 194, 195, 196, 197, 198, 199)

Gerry Adams

Question:

191. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he is aware of complaints regarding the manner in which public lands at Charlesland in Greystones in County Wicklow, potentially worth in excess of €20 million, were handed over to developers (details supplied) in 2003/2004 without any consultation with elected members of the Wicklow County Council or any formal disposal of land; and if he will make a statement on the matter. [21007/15]

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Gerry Adams

Question:

192. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he is aware of allegations that a recently retired Wicklow county manager and a county councillor (details supplied), were involved in the signing of contracts for the exchange of public lands at Charlesland in County Wicklow; and if he will make a statement on the matter. [21008/15]

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Gerry Adams

Question:

194. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he is aware of a complaint regarding the controversial intervention of his predecessor (details supplied) to stop a High Court action in late 2011, which prevented controversial information of alleged corruption by authorised officers of Wicklow County Council from emerging in evidence; and if he will make a statement on the matter. [21010/15]

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Gerry Adams

Question:

195. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he is aware of complaints regarding the involvement of Wicklow County Council officials, public representatives and agencies, including the Industrial Development Agency and the National Roads Authority, in preventing a person (details supplied) from developing a data centre, for which that person had planning permission, at Newtownmountkennedy in County Wicklow from 2009 to 2012; and if he will make a statement on the matter. [21011/15]

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Gerry Adams

Question:

196. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he has received complaints regarding the disappearance of a file relating to allegations of possible planning corruption in County Wicklow from his Department in September 2014, which was handed into his Department by a person (details supplied) on 2 September 2014; and if he will make a statement on the matter. [21012/15]

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Gerry Adams

Question:

197. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government his views on complaints that a file relating to allegations of possible planning corruption in County Wicklow, which was delivered to his office and placed in his in-tray, was taken from his office during the night, without authorisation and before he had an opportunity to read it; and if he will make a statement on the matter. [21013/15]

View answer

Gerry Adams

Question:

198. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he is aware of statements that he ordered a search of his Department's offices, to be headed up by the Secretary General of his Department and the head of departmental security, to discover the whereabouts of a missing file; and if he will make a statement on the matter. [21014/15]

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Gerry Adams

Question:

199. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the reason he did not instigate a Garda Síochána investigation into the taking of documents from his office in September 2014, in view of the fact that a search of his Department for the file was unsuccessful and in view of the fact that at the time this file was taken from his office there would have been other critical files relating to the budget. [21015/15]

View answer

Written answers

I propose to take Questions Nos. 191, 192 and 194 to 199, inclusive, together.

The papers concerned were not stolen or removed from my office without authorisation, but were inadvertently placed with other papers and were subsequently found after a period of time. Accordingly, no Garda or other inquiry was required.

I have received correspondence in relation to the complaints referred to, which is being considered. A reply will be issued in due course.

Illegal Dumping

Questions (193)

Gerry Adams

Question:

193. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he is aware of complaints in relation to illegal dumping at Whitestown in west County Wicklow and of the failure of Wicklow County Council to remediate the site, as required by the European Union; and if he will make a statement on the matter. [21009/15]

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Written answers

In November 2001, Wicklow County Council discovered that unauthorised dumping had taken place on this site and subsequent investigations revealed that the illegal dumping operation was systematic and large scale and had taken place over a period of a number of years, from 1996 to 2001. By June 2002, Wicklow County Council investigations concluded that in excess of 200,000 tonnes of waste material had been dumped at the site. Wicklow County Council also requested the assistance of An Garda Síochána, and the National Bureau of Criminal Investigation conducted an investigation. There have been a number of criminal convictions subsequent to the Garda investigation.

This site was cited in the European Court of Justice Judgment in Case C - 494/01 as an example of Ireland’s failure to comply with the 1975 Waste Framework Directive.  My Department, on behalf of the State, has been liaising with the European Commission to ensure that the requirements of the judgment are fully met and it is in these circumstances that my Department, in June 2011, requested Wicklow County Council to remediate the site, pursuant to its powers under section 56 of the Waste Management Act 1996.

In response, the Council, working with the EPA, established a technical working group (TWG) to oversee a programme of detailed investigation and processing methodology of the areas of illegal waste at the Whitestown site. The TWG agreed a programme for the remediation of the site which involved waste removal and capping of the effected site zones. The excavation of waste from Zones A and B was completed during September 2014, with some 120,000 tonnes of mixed waste and soil excavated and processed, while the capping of Zone C was finalised last November. Due to poor weather conditions, the final landscaping of the site is now being completed and should be finalised next month.

Full details with respect to the background of the site, the role of the TWG, the tier 3 risk assessment undertaken, the remediation works proposed, methodology employed and status of the project are publicly available on my Department’s website at http://www.environ.ie/en/Publications/Environment/Waste/FileDownLoad,30458,en.pdf.

The European Commission have been fully briefed at all stages of the remediation process and have expressed their satisfaction as to the progress being made. The cost of remediation is being funded by the State, with Wicklow County Council seeking cost recovery through the Courts. As the matter is the subject of on-going legal proceedings, I do not propose to comment further.

Questions Nos. 194 to 199, inclusive, answered with Question No. 191.

Election Management System

Questions (200)

Billy Kelleher

Question:

200. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government if, under electoral laws and regulations for presiding officers or poll clerks, a voter without proof of identity can be asked to swear an oath on a bible as a means of confirming identity and if it can be decided to provide a ballot paper to the voter on the basis of whether or not the oath is taken. [21052/15]

View answer

Written answers

Legal provisions governing the right to vote provide that the returning officer or the presiding officer may of their own volition, or if so required by a personation agent present in the polling station, request any person at the time of applying to vote to produce a specified identity document. If the person fails to produce such a document or if the returning officer or presiding officer is not satisfied that the person is the person to whom the document relates, they shall not be permitted to vote.

In addition, the returning officer or presiding officer may, and if so requested by a personation agent present in the polling station shall, put a number of questions or administer an oath or affirmation to an elector in relation to their eligibility to vote, including their identity. If the answers provided are incorrect or if person refuses to take the oath or make the affirmation, they shall not be permitted to vote. Any person who objects to taking an oath on the ground that they have no religious belief or that the taking of an oath is contrary to their religious belief may make an affirmation instead of taking an oath.

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