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Tuesday, 16 Jun 2015

Written Answers Nos. 747 - 761

Tribunals of Inquiry Reports

Questions (747, 748)

Micheál Martin

Question:

747. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government the actions taken from the recommendations made in the Moriarty tribunal report, which he received in March 2011; and if he will make a statement on the matter. [23083/15]

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Micheál Martin

Question:

748. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government the number of meetings he has held in his Department in relation to the recommendations in the Moriarty tribunal report; and if he will make a statement on the matter. [23084/15]

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Written answers

I propose to take Questions Nos. 747 and 748 together.

The Electoral (Amendment) (Political Funding) Act 2012, (the 2012 Act), which became law in July 2012, significantly enhanced the openness and transparency of political funding in Ireland. These were issues that were central to the recommendations made in the Moriarty Tribunal Report which was published in March 2011. The Tribunal recommended that the income of political parties be disclosed and that political donations, apart from those under a modest threshold, be reported.

The 2012 Act brought into force restrictions on corporate donations and considerable reductions in the maximum amount that a political party or an individual can accept as a political donation. The donation limit for a political party was reduced from €6,348.69 to €2,500, while for an individual politician or candidate it fell from €2,539.48 to €1,000. A limit of €200 was placed on donations in cash. The threshold for the receipt of anonymous donations was reduced to €100. The donation threshold amount that gives rise to the requirement to open a political donations account was reduced to €100. Anonymous indirect donations were banned. The threshold at which political party donations must be reported and published was reduced from €5,078.95 to €1,500.

The 2012 Act provides that political parties are required to submit audited annual accounts to the Standards in Public Office Commission (SIPO) for publication. In line with SIPO guidelines, which came into effect on 1 January 2015, the first set of accounts required to be audited will be in respect of 2015 and must be submitted to SIPO by mid 2016. This requirement goes beyond the Moriarty Tribunal recommendation by providing that both the income and expenditure of political parties will be reported and open to public scrutiny. By restricting corporate donations, the Act also went beyond the recommendations made by the Tribunal.

Work on preparing a draft general scheme for the Electoral (Amendment) (Political Funding) Bill had commenced before the publication of the Moriarty Tribunal Report in March 2011. No specific meetings were held in relation to the recommendations in the Moriarty Report; however, account was taken of the recommendations as part of the ongoing work in developing the Bill, prior to its enactment in 2012.

Social and Affordable Housing Provision

Questions (749)

Gabrielle McFadden

Question:

749. Deputy Gabrielle McFadden asked the Minister for the Environment, Community and Local Government if he will consider grant assistance for proprietors of vacant units, to allow such units to be converted and refurbished into suitable apartment accommodation for single persons, who are on housing waiting lists, thereby taking persons off these lists, and also helping to revitalise towns and villages; and if he will make a statement on the matter. [23207/15]

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Written answers

While I have no plans to introduce direct grant assistance for proprietors of vacant units as proposed by the Deputy, my Department does provide funding support to housing authorities for the construction and acquisition of houses and apartments. As the housing authorities for their areas, local authorities are responsible for the detailed planning of social housing provision based on the local needs of their areas. It is open to local authorities to acquire properties that meet their needs and that represent good value for money, whether these are fully completed housing units or units that may require adaptation.

Water Supply

Questions (750)

Jonathan O'Brien

Question:

750. Deputy Jonathan O'Brien asked the Minister for the Environment, Community and Local Government if he is aware that 40% of schools have no access to free drinking water for students; and his plans to address this matter. [23726/15]

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Written answers

From 2001, national water pricing policy required local authorities to recover the costs of providing water services from all non-domestic users of these services, including schools. This policy provided for charges based on actual metered consumption and is consistent with the requirements of the Water Framework Directive. The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the delivery of water services from the local authorities to Irish Water and, with effect from 1 January 2014, Irish Water is responsible for the provision of public water services, including responsibility for the charging of non-domestic customers. The Act provides that Irish Water shall charge each customer for the provision of services provided by it. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers.

It should be noted that the existing arrangements for all non-domestic customers are remaining in place with no changes for the time being. On this basis, the local authorities will continue to bill for non-domestic water services as agents of Irish Water.

The CER has outlined, in its Water Charges Plan Decision Paper of 5 March 2015, the areas that it will be progressing in 2015, which includes the development of the work programme for an enduring Non-Domestic Tariff Framework. Later this year, the CER will publish a detailed work plan in relation to non-domestic charges and will consult widely as part of that plan.

Environmental Policy

Questions (751)

Bernard Durkan

Question:

751. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which carbon reduction targets are likely to be achieved in the short, medium and long term; and if he will make a statement on the matter. [23948/15]

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Written answers

For each year between 2013 and 2020, Ireland has an ambitious greenhouse gas emission reduction target under the 2009 EU Effort-Sharing Decision (406/2009/EC). An assessment of Ireland’s progress towards achieving its emissions reduction targets under the Effort-Sharing Decision is set out in Ireland’s Greenhouse Gas Emission Projections 2014 – 2035, published by the Environmental Protection Agency in May 2015.

Furthermore, in October 2014, the European Council endorsed a binding EU target of an at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990 levels and specified that the target will be delivered collectively by the EU in the most cost-effective manner possible, with the reductions in the Emissions Trading Scheme (ETS) and the non-ETS sector amounting to 43% and 30% by 2030 compared to 2005, respectively. While the specific details of each Member State’s contribution towards these targets have yet to be determined, the Council agreed that all Member States will participate in this effort, balancing considerations of fairness and solidarity.

The extent of the challenge to reduce greenhouse gas emissions, in line with our EU and international commitments, is well understood by Government, as reflected in the National Policy Position on Climate Action and Low-Carbon Development, published in April 2014, and in the Climate Action and Low-Carbon Development Bill 2015, published in January 2015. The National Policy Position provides a high-level policy direction for the adoption and implementation by Government of plans to enable the State to move to a low-carbon economy by 2050. Proposed statutory authority for the plans is set out in the Climate Action and Low-Carbon Development Bill 2015.

In anticipation of enactment of the planned legislation, work is already underway on developing a low-carbon plan - the National Mitigation Plan, the primary objective of which will be to track implementation of measures already underway and identify additional measures within the longer term to reduce greenhouse gas emissions and progress the overall national low carbon transition agenda to 2050. Last week, I launched a six week consultation on the development of the National Mitigation Plan and I look forward to receiving input from all interested parties on how we might address the specific challenges ahead and harness the opportunities that arise as Ireland moves towards a low-carbon sustainable economic future. To stimulate discussion on the matter, a background paper outlining the development of the National Mitigation Plan to date, and the planned process for its further development, has been prepared and is available at the following link: http://www.environ.ie/en/Environment/Atmosphere/ClimateChange/News/MainBody,41740,en.htm.

National Heritage Plan

Questions (752)

Derek Nolan

Question:

752. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government if he will provide funding to allow a walkway (details supplied) in County Galway to be included in the walks scheme; and if he will make a statement on the matter. [22969/15]

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Written answers

There are now 39 trails covered by the Walks Scheme. In 2014 annual payments to participants who maintained sections of trail that traversed their lands were in the region of €1.8m. The number of participants on the scheme currently stands at 1,896. Unfortunately, due to budgetary constraints it has not been possible to develop new walks under the existing Walks Scheme. My Department is, however, keeping the matter under review.

Tenant Purchase Scheme Applications

Questions (753, 755)

Derek Nolan

Question:

753. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government when a new tenant purchase scheme will be introduced to allow tenants of county councils to purchase their own homes; and if he will make a statement on the matter. [22971/15]

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Éamon Ó Cuív

Question:

755. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government when the new Incremental tenant purchase scheme for existing local authority dwellings will be operational; the details of the scheme; the way it will affect existing local authority dwellings; when regulations outlining the new scheme will be published; and if he will make a statement on the matter. [23071/15]

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Written answers

I propose to take Questions Nos. 753 and 755 together.

Part 3 of the Housing (Miscellaneous Provisions) Act 2014 provides for a new tenant purchase scheme for the purchase of existing local authority houses along incremental purchase lines. The Government’s Social Housing Strategy 2020 includes a commitment to make the Regulations necessary for the scheme’s introduction, in the second quarter of 2015, which will set out the full details of the scheme.

It is expected that the new scheme will commence at the earliest possible date following the making of the Regulations which are at an advanced stage of drafting.

Ministerial Meetings

Questions (754)

Lucinda Creighton

Question:

754. Deputy Lucinda Creighton asked the Minister for the Environment, Community and Local Government if he will report on all public and private, official and unofficial, engagements and meetings with a person (details supplied) and with senior executives within the person's media companies here; and the outcome of such meetings. [23044/15]

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Written answers

In the absence of the specific identity of the companies and executives with whom the Deputy is concerned, I am not in a position to establish if any meetings took place.  I can however confirm that no meetings were held with the person whose details the Deputy supplied.

Question No. 755 answered with Question No. 753.

Control of Dogs

Questions (756)

Tony McLoughlin

Question:

756. Deputy Tony McLoughlin asked the Minister for the Environment, Community and Local Government within the context of the Control of Dogs Acts, his plans to introduce new legislation aimed at providing greater protection for owners of guide dogs and assistant guide dogs, which will enable local authority dog wardens to prosecute dog owners whose animals attack or interfere with guide dogs and their owners, as local authority dog wardens are powerless at present to act in such cases; and if he will make a statement on the matter. [23108/15]

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Written answers

It is an offence under the Control of Dogs Acts 1986 to 2010, prosecutable by the local authority in whose area the offence was committed, for the owner or any other person in charge of a dog not to accompany the dog and keep it under effectual control when in any place other than the premises of the owner, the premises of the person in control of the dog, or other premises with the consent of the owner of the premises. The local authority Dog Warden may seize any dog and detain it in order to ascertain whether an offence under the Acts is being or has been committed and may enter any premises (other than a dwelling) for the purposes of such seizure and detention. In view of the powers already available to local authorities and Dog Wardens to prosecute dog owners whose dogs are not kept under sufficient effectual control to prevent an attack or interference with guide dogs and their owners, and to seize such dogs, I have no plans to amend the Control of Dogs Acts 1986 to 2010 in respect of these matters.

Derelict Sites

Questions (757)

John Browne

Question:

757. Deputy John Browne asked the Minister for the Environment, Community and Local Government his plans to examine the issue of abandoned residential properties which are not in a derelict condition, many of which may be subject to long-running family disputes; having due regard for the constitutional right to private property, his further plans to requisition or otherwise bring back such abandoned and non-derelict residential properties in the interest of being an additional strand to resolving the shortage of homes; if, in the context of the proposed vacant land levy of 3% in urban areas - Planning and Development (No.1) Bill, 2014 - he has considered a similar levy on abandoned residential properties; and if he will make a statement on the matter. [23115/15]

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Written answers

In May 2014, the Government published Construction 2020: A Strategy for a Renewed Construction Sector aimed at addressing issues in the property and construction sectors and ensuring that any critical bottlenecks that might impede the sector in meeting residential and non-residential demand are addressed. A range of measures are being taken to support increased housing delivery. In particular, the Urban Regeneration and Housing Bill 2015 , which was published on 5 June, is primarily focused on addressing housing supply-related issues with a view to facilitating increased activity in the housing construction sector. The Bill provides for changes in development contributions, amendments to the Part V provisions of the Planning and Development Acts to support the provision of social housing, as well as the introduction of a vacant site levy. Having regard to the definition of “vacant site” in the Bill as published, it is proposed that the levy will be applied from 1 January 2019 onwards to vacant sites exceeding 0.1 hectares in area which are located in designated areas identified by a planning authority in its development plan or local area plan for residential or regeneration development. The levy will not be applied to sites which include any structure or dwelling that is a person’s ordinary place of residence. It is intended that the Bill will complete its passage through both Houses of the Oireachtas by the Summer recess.

Since the publication of Construction 2020, there are already some welcome and positive signs of recovery in the sector. Particularly notable in this regard is the increase in the number of house completions in 2014 to 11,016 units nationally – an increase of 33% on the 2013 figure. In Quarter 1 2015, some 2,629 units have been completed, an increase of 26% on the same period in 2014.

As the Deputy will be aware, Article 43 of the Constitution provides that the State will vindicate the private property rights of every citizen to own, transfer, bequeath and inherit property. The State further guarantees to pass no law to abolish these rights. While Article 43 also declares that the State may pass laws de- limiting the exercise of such private property rights in the interests and exigencies of the common good, ultimately it is a matter for the Courts to adjudicate on individual cases where a dispute has arisen between parties with regard to private residential properties.

Fuel Laundering

Questions (758)

Patrick O'Donovan

Question:

758. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government further to Parliamentary Questions Nos. 658 to 660, inclusive, and 662 of 31 March 2015, if he will provide an update on his meeting with his counterpart from the Northern Ireland Executive; if he is satisfied that all of the necessary protections north of the Border are being put in place to protect water courses and aquifers in this jurisdiction; if he is further satisfied with the level of co-operation, enforcement and detection of the illegal activity north of the Border; if he has received requests from local authorities for financial support to cover clean up costs, since his reply to this Deputy's question; and if he will make a statement on the matter. [23118/15]

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Written answers

Enforcement in relation to illegal diesel laundering activities is primarily a matter for the Irish Revenue Commissioners from the point of view of avoiding loss of revenue to the Exchequer. Given the links between these unlawful activities to organised criminality, the Irish Revenue Commissioners are fully supported in this area by An Garda Síochána.

Fuel laundering continues to be a serious concern for authorities in both Ireland and Northern Ireland. Recognising this shared concern a Cross Border Fuel Fraud Enforcement Group, comprising representatives from the Police Service of Northern Ireland, HM Revenue Customs, the UK National Crime Agency, the Revenue Commissioners, An Garda Síochána and the Irish Criminal Assets Bureau has been established to target these activities on an all island basis. Arising from the work of this Task Force, a number of groups involved in the laundering and distribution of illegal fuels, operating in both jurisdictions, have been identified and are being specifically targeted for investigation by all law enforcement agencies concerned.

My Department assists local authorities in carrying out their role as competent authorities under waste legislation, which is to take the necessary measures, on behalf of the State , to ensure that any waste generated and left abandoned by the diesel launderers is disposed of without endangering human or animal health and without harming the environment, in particular without risk to water.

Approximately 1,400 incidents of diesel laundering waste dumping have been dealt with by local authorities to date and my Department has financed the substantial costs associated with such disposal. The overwhelming majority of the clean-up operations have taken place in counties along the Northern Ireland Border. In 2015 to date, some 113 tonnes of laundering waste has been managed by Monaghan County Council and a further 156 tonnes by Louth County Council. The approximate cost of the disposal of recovered laundering waste inclusive of transport is €500 per tonne so approximately €135,000 has been incurred in dealing with this waste since the start of the year.

Given the possible origin of the laundered waste material from Northern Ireland there is a clear need to ensure that efforts to tackle the issue and support remediation measures have full cross border support. To drive this agenda I have previously written to my counterpart in the Northern Ireland Executive, Minister Mark Durkan, to highlight the problem and I have also raised the issue directly with EU Environment Commissioner Vella and have requested the Commission’s support in this area, in particular in the context of the North-South dimension.

The matter was also raised at the meeting of the North South Ministerial Council in May, which was attended by my colleague Deputy Ann Phelan, in her capacity as Minister of State at my Department. On foot of these discussions it was agreed that both Department’s would provide a full update on the extent of the diesel laundering problem, any cross Border initiatives which can be taken to mitigate against the proliferation of this practice and the measures which can be taken to protect the environment and human health at the next Council meeting.

Public Procurement Contracts

Questions (759)

Pearse Doherty

Question:

759. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government his plans to enable suppliers to update and alter previous submissions made via the local authority quotes procurement system, subsequent to the passage of the annual submission deadline, in instances where tenders have omitted information or have accidentally supplied erroneous information; and if he will make a statement on the matter. [23179/15]

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Written answers

My Department does not have the information requested. The procurement of products or services by a local authority is a matter for the authority concerned. Procurement legislation and associated guidance are a matter for my colleague, the Minister for Public Expenditure and Reform. Guidelines by the Office of Government Procurement under the aegis of the Department of Public Expenditure and Reform apply to all public sector bodies, including local authorities.

Under the EU Directives on public procurement, public works, supplies and service contracts above certain thresholds must be advertised in the Official Journal of the EU and awarded on the basis of objective and non-restrictive criteria. For contracts below these thresholds, the general requirement is that they be advertised on the national public procurement website www.etenders.gov.ie or, depending on value, awarded on the basis of a competitive process of direct invitation to an adequate number of suitable suppliers.

Local authorities have been pro-active in achieving spend reduction and procurement efficiencies in the procurement area through the establishment of the Local Authority National Procurement Office at Kerry County Council. The local government sector is also working closely with the Office of Government Procurement to implement the government’s Procurement Reform Programme.

Social and Affordable Housing Maintenance

Questions (760)

Thomas Pringle

Question:

760. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government the amount County Donegal will be allocated out of the €91 million investment in refurbishing, energy efficiency and housing adaptations for older persons and persons with a disability; and if he will make a statement on the matter. [23197/15]

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Written answers

Details of the 2015 allocations for all Local Authorities , including Donegal, in respect of Refurbishing Vacant Properties, Energy Efficiency and Housing Adaptations for Older People and People with a Disability are contained on my Department’s website at the following link : http://www.environ.ie/en/GeneralNews/MainBody,41581,en.htm.

Legislative Measures

Questions (761)

Catherine Murphy

Question:

761. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his plans to draft secondary legislation in relation to section 130 of the Local Government Act 2001; if so, to the time frame for same; and if he will make a statement on the matter. [23199/15]

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Written answers

Section 130 of the Local Government Act 2001 states that it is a function of the elected council of a local authority to determine by resolution the policy of the authority subject to and in accordance with the Act and the other enactments relating to that authority. The section does not contain a power to make related secondary legislation.

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