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Tuesday, 23 Jun 2015

Written Answers Nos. 572-590

Private Residential Tenancies Board Enforcement

Questions (572)

Michael Healy-Rae

Question:

572. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding the Private Residential Tenancies Board; and if he will make a statement on the matter. [24855/15]

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Written answers

The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants in this sector. The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits and may grant redress and give specific direction as appropriate on foot of a determination order. Receipt of a determination order is the official notification to parties of the final outcome of a dispute resolution case. The order sets out the terms to be complied with, including any payments owing and the length of time given to comply. In making determination orders, the PRTB can make provision to allow for payment of awards in instalments to facilitate recovery of the award, based on the circumstances of the case. A party who fails to comply with one or more terms of a determination order is open to having legal proceedings taken against him or her in the Courts.

Under the Act, enforcement of PRTB determination orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. While there is no legal obligation on the PRTB to enforce, the Board takes the issue of non-compliance with determination orders very seriously. In 2013 alone it referred 394 cases to its legal advisors for enforcement proceedings. It is also open to parties to pursue enforcement independently through the Courts, including the seeking of a garnishee order. It should be noted that going to Court does not of itself ensure successful enforcement and more particularly, recoupment of an award. In many cases the best option, and one which the PRTB facilitates, is for the parties to agree a schedule of payments.

The Residential Tenancies (Amendment) (No. 2) Bill 2012 is currently before the Oireachtas and will amend the Residential Tenancies Act 2004 to provide, inter alia, for the introduction of a new procedure to enforce a tenant’s obligation under section 86 of the 2004 Act to pay rent pending the determination of a dispute.

This will allow the PRTB to deal effectively and quickly with tenants who do not comply with their statutory obligation to pay rent during the dispute process. The Residential Tenancies (Amendment) (No. 2) Bill 2012 has passed all stages in the Dáil, together with second stage in the Seanad and will return to the Seanad for Committee Stage in the coming weeks.

Dormant Accounts Fund Administration

Questions (573)

Jack Wall

Question:

573. Deputy Jack Wall asked the Minister for the Environment, Community and Local Government if he will provide details of the upcoming Dormant Accounts Fund applications for disadvantaged groups and local communities; if there is also an opportunity for persons to apply under this fund; and if he will make a statement on the matter. [25014/15]

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Written answers

Under the Dormant Accounts legislation, balances on dormant accounts with banks, building societies and An Post and the net encashment value of certain life assurance policies are paid into the Dormant Accounts Fund, which is managed by the National Treasury Management Agency (NTMA). The primary purpose of the legislation is to re-unite the original account holders with their moneys, including all interest due. In addition, the legislation provides that disbursements from the fund may be made for charitable purposes or for purposes of community benefit.

In accordance with the Dormant Accounts (Amendment) Act 2012, a new Disbursement Scheme, which outlines the programmes for which moneys may be disbursed from the fund, was approved by Government in December 2013. The 2012 Act also provides for an Action Plan to give effect to the Scheme. Full details of the measures adopted under the Action Plan in 2014, which continue to be rolled out this year, are avail able on my Department’s website at:

www.environ.ie/en/Community/DormantAccounts/PublicationsDocuments/FileDownLoad,38246,en.

Under the Plan, Pobal are administering measures on behalf of my Department that will promote social enterprise and youth employment, employability and entrepreneurship in disadvantaged areas. Applications will be open to eligible community and voluntary sector organisations, Local Community Development Committees, local development companies and statutory and other public agencies from 1 July next with a closing date of 22 July.

Pobal are also administering new training and support services for home carers on behalf of the Department of Social Protection and a range of measures on behalf of the Department of Health. Applications under these measures can also be made, during the same period.

Full details of all the measures being rolled out by Pobal are available on www.pobal.ie.

Urban Renewal Schemes

Questions (574, 619)

Dessie Ellis

Question:

574. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if he will estimate the annual revenue from the proposed vacant site levy and the cost of administration. [25053/15]

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Dessie Ellis

Question:

619. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the number of sites that would currently come under the proposed vacant site levy; and if he will provide an estimate for the amount raised by the levy annually. [25056/15]

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Written answers

I propose to take Questions Nos. 574 and 619 together.

The Urban Regeneration and Housing Bill 2015, which was approved by Government and published earlier this month, is primarily focussed on addressing housing supply-related issues with a view to facilitating increased activity in the housing construction sector, particularly in the Dublin area where demand currently outstrips supply.

One of the main provisions of the Bill is the introduction of a vacant site levy aimed at incentivising the development of vacant, underutilised sites in central urban areas for residential or regeneration development. Under the provisions of the Bill, the levy will be the registered owners of vacant sites at a rate of 3% of the market value of each site, with reduced or zero rates applying in specific circumstances. No more than 10% of the levy monies received by planning authorities may be used on their collection and administration costs. At this time, it is not possible to provide an estimate of the number of vacant sites that might be covered by the measure, the annual levies that may be raised, or the collection and administration costs of planning authorities involved in its operation.

Planning Issues

Questions (575, 587)

Finian McGrath

Question:

575. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding regulations for small businesses; and if he will make a statement on the matter. [25106/15]

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Finian McGrath

Question:

587. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if regulations will be changed where a business may change from a normal small to medium-sized enterprise to a sex shop, particularly near national schools; and if he will make a statement on the matter. [24673/15]

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Written answers

I propose to take Questions Nos. 575 and 587 together.

Under the Planning and Development Regulations 2001, as amended, a change from one type of shop to another that does not involve works is exempted development, unless the change would have land-use impacts such as in the case of, for example, the establishment of a funeral home, a restaurant, a public house, or a premises selling hot food or intoxicating liquor for consumption off the premises.

I will consider further whether the matter raised is an appropriate one to be dealt with under the planning code.

Tenant Purchase Scheme Administration

Questions (576, 577, 578, 582, 588)

Patrick O'Donovan

Question:

576. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government when a new tenant purchase scheme will be introduced for council tenants; and if he will make a statement on the matter. [24491/15]

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Patrick O'Donovan

Question:

577. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government the names of the estates submitted by Limerick City and County Council for consideration under any new tenant purchase scheme; and if he will make a statement on the matter. [24493/15]

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Patrick O'Donovan

Question:

578. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if one-bedroom and two-bedroom houses will be considered under any new tenant purchase scheme to be devised by his Department; and if he will make a statement on the matter. [24495/15]

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Charlie McConalogue

Question:

582. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 419 of 9 December 2014, when the new tenant purchase scheme for local authority houses will be introduced; and if he will make a statement on the matter. [24609/15]

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Willie Penrose

Question:

588. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if he will indicate a precise date for the introduction of the new tenant purchase scheme; and if he will make a statement on the matter. [24679/15]

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Written answers

I propose to take Questions Nos. 576 to 578, inclusive, 582 and 588 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, similar to the schemes currently operating for local authority apartments and certain new local authority houses.

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, setting out the full details involved. 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.

The scheme will apply to all local authority houses, other than affordable housing, new houses designated for sale under the 2010 incremental purchase scheme and classes of dwellings excluded from sale by regulation. It will be a matter for the local authorities to determine those houses eligible for sale under the scheme in accordance with the applicable legislation.

Building Regulations Amendments

Questions (579)

Jim Daly

Question:

579. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government if he will confirm the final revisions of the new building regulations; his plans to allow local authorities to reduce development charges on existing planning permissions at their discretion; and if he will make a statement on the matter. [24546/15]

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Written answers

The review of the Building Control (Amendment) Regulations 2014 following the first twelve months of their operation is now well advanced. Some 170 submissions have been received during the public consultation stage of this review process which concluded on 15 May 2015. These submissions are currently being considered and my Department will produce a report on the matter by end June 2015 with a view to ensuring that any measures required can be put in place as a matter of priority.

Under the Construction 2020 strategy, the Government has committed to an action that will enable developers to avail of reduced development contributions for existing planning permissions that have yet to be activated. Provision for this measure has been incorporated in the Urban Regeneration and Housing Bill 2015, which was approved by Government and published earlier this month. Developers with planning permissions granted under previous development contribution schemes will be enabled to avail of the reduced development contribution charges being applied under the new development contribution schemes where their permissions have not yet been activated. This measure is intended to assist in making developments more economically viable and bringing them on-stream earlier than might otherwise be the case. It is intended that the Bill will be enacted by the summer recess.

Climate Change Policy

Questions (580)

Catherine Murphy

Question:

580. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government when Ireland will make its contribution to the Green Climate Fund, as referred to by him at the United Nations Framework Convention on Climate Change Conference of the Parties in Lima, Peru, recently; and if he will make a statement on the matter. [24566/15]

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Written answers

Ireland’s statement at the 20th Conference of the Parties to the UN Framework Convention on Climate Change (COP20) in Lima recognised the Green Climate Fund as a key instrument in mobilising climate action. It is important to note, however, that it is not the only means by which climate finance is made available. Despite our recent difficult economic circumstances, Ireland has succeeded in maintaining flows of public climate finance, delivering approximately €34 million in grants in each of the years 2013 and 2014 – largely through climate relevant spending through Irish Aid.

The Government is aware of the importance of climate finance for developing countries. As was stated in Lima, all options for scaling up mobilisation of climate finance, including in relation to the Green Climate Fund as well as longer-term approaches, are under active consideration. No decision has yet been taken and the work is on-going in the broader context of the international negotiations and national budgetary processes.

Local Authority Housing

Questions (581)

Seán Ó Fearghaíl

Question:

581. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government if he will provide an update on the regeneration programme for Saint Patrick's Park in Rathangan in County Kildare; the level of expenditure incurred to date on this project; when it is anticipated that the reconstruction programme will be complete, together with the final cost; and if he will make a statement on the matter. [24590/15]

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Written answers

Kildare County Council submitted a proposal to my Department in 2008 seeking funding approval for a Remedial Works Scheme at St. Patrick’s Park, Rathangan, County Kildare. Following a detailed examination of the proposal, my Department provisionally approved funding of €6.8 million for the scheme in July 2011 on condition that 10% of the cost would be met by the local authority. The Scheme is being advanced in two phases. Phase 1 of the scheme, which is currently in progress, involves the clearing of vacant and vandalised units, purchasing some privately owned houses, provision of additional green space, de-energising of vacant units, site works including securing the boundary fence line and professional fees for surveys and investigative works. Kildare County Council expects to have phase 1 of the scheme completed by the end of this year.

Phase 2 will involve the new build element of the scheme which is currently at pre-part 8 planning stage. Kildare County Council is in the process of preparing a revised design proposal for the demolition and new build which they hope to submit to my Department in the coming weeks.

Almost €2.1 million has been recouped to Kildare County Council in respect of expenditure incurred on the scheme to date.

Question No. 582 answered with Question No. 576.

Housing Provision

Questions (583)

Barry Cowen

Question:

583. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government when we should expect the publication of the national framework for housing supply that was promised in the Government's Construction 2020 document to be completed by quarter two, 2014; and if he will make a statement on the matter. [24640/15]

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Written answers

Action 1 under Construction 2020 includes a commitment to put in place a National Framework for Housing Supply, ensuring a balanced approach in which the supply of housing is matched with projected demand, and in which emerging imbalances can be identified and rectified at an early stage. A core aspect of the National Housing Framework is the analysis of supply and projected demand data, broken down on a national and local basis, with information on housing types and sizes a key feature. This action also includes a commitment to publish an annual National Statement of Projected Housing Supply and Demand. The Housing Agency is leading on delivery of this action. The Framework is at an advanced stage of drafting and I expect the first of these Statements to be finalised very shortly.

Irish Water Administration

Questions (584)

Terence Flanagan

Question:

584. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the reason householders are responsible for problems with their water drains from their property boundary walls to the main drain; his views that it is fair that drainage issues that occur under the public footpaths and roads should be the householders' responsibility; and if he will make a statement on the matter. [24651/15]

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Written answers

I refer to the reply to Questions Nos. 1078 and 1079 of 9 June 2015. The position is unchanged.

Social and Affordable Housing Provision

Questions (585)

Terence Flanagan

Question:

585. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if more bedsits will be provided as social housing in Dublin; and if he will make a statement on the matter. [24653/15]

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Written answers

Local authorities are responsible for the detailed planning of social housing provision based on the needs of their areas. It is a matter for each local authority to identify the appropriate social housing initiatives and supports, as well as the types of units required to meet the social housing need in their respective functional areas and to bring forward specific proposals to meet the housing need in their areas. On 5 May 2015, I announced funding of €312 million for the first tranche of the local authority social housing construction programme under the Social Housing Strategy. This announcement covers 100 separate housing projects, providing over 1,700 units across all 31 local authorities and details are available on my Department’s website at the following link:

http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,41340,en.htm.

Further announcements of new unit delivery under the Capital Assistance Scheme and the broader social housing investment programmes will be made in the coming weeks and months.

Control of Dogs

Questions (586)

Paul Murphy

Question:

586. Deputy Paul Murphy asked the Minister for the Environment, Community and Local Government in view of expert opinion reported in the press (details supplied) that points to shortcomings of breed specific legislation concerning the control of dogs, as well as potential legal difficulties in identifying dog breeds, if he will consider a review of legislation; and if he will make a statement on the matter. [24662/15]

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Written answers

I refer to the replies to Questions Nos. 542, 543 and 559 of 6 May 2015, No. 208 of 14 May 2015 and No. 977 of 26 May 2015 which set out the position in relation to this matter.

Question No. 587 answered with Question No. 575.
Question No. 588 answered with Question No. 576.

Housing Provision

Questions (589)

Paul Connaughton

Question:

589. Deputy Paul J. Connaughton asked the Minister for the Environment, Community and Local Government the options available to persons (details supplied) currently residing in Oxford in England, but who, due to age and ill health, wish to return to Loughrea in County Galway where they were born; the agencies that are in a position to offer advice, guidance and assistance regarding their housing needs; and if he will make a statement on the matter. [24686/15]

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Written answers

I understand that Safe Home Programme Ltd, a charitable organisation supported by the Department of Foreign Affairs Emigrant Support Programme, provides an information and advisory service for anyone considering a move back to the State, including information on their housing options. To apply for housing under the service, applicants must meet certain criteria including an inability to provide accommodation from their own resources. Further information is available on the organisation’s website at the link below.

http://www.safehomeireland.com.

Mortgage to Rent Scheme Administration

Questions (590)

Willie Penrose

Question:

590. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government when the criteria and conditions for the mortgage to rent scheme, which applies to rural areas and jurisdictions outside of cities, will be introduced; and if he will make a statement on the matter. [24690/15]

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Written answers

The Government has committed to taking decisive action to address the mortgage arrears challenge; to ensure that a full range of options is available to distressed borrowers; and to keep as many people in their homes as possible. As part of the package of commitments on mortgage arrears announced by Government recently, a number of amendments to the private (Approved Housing Body) mortgage to rent scheme are included, which will enable more properties to qualify for this scheme. These amendments will apply across the country regardless of the cases being in rural or urban areas. The administrative changes required will be in place by the end of this month.

My Department has been involved in on-going discussions internally, and with Approved Housing Bodies, Financial Institutions and the Housing Agency regarding the operation and progress on the private (AHB) mortgage to rent scheme. These discussions form part of an ongoing process of engagement with relevant stakeholders to remove any obstacles that may arise in the implementation of the scheme in any part of the country.

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