Written Answers Nos. 844-855
844. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 576 of 8 December 2015, if he will clarify a matter on behalf of a person (details supplied); and if he will make a statement on the matter. [46588/15]
View answerThe Residential Tenancies Act 2004 applies to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the Act does not apply are set out in section 3(2) of the Act, and include for example:
- a dwelling that is used wholly or partly for the purpose of carrying on a business;
- a dwelling within which the landlord also resides;
- a dwelling the subject of a tenancy the term of which is over 35 years.
Where a dwelling is occupied by a person under a tenancy to which the Act does not apply or under an arrangement or agreement which is not a tenancy, such as instances where a bona fide licensing arrangement exists, the PRTB does not have any function in relation to such agreements or arrangements.
Licences are not granted to landlords. A licence, in this context, is a private contractual matter between the parties concerned. In circumstances where it is unclear as to whether a particular rental agreement is a tenancy or a licence, the PRTB can adjudicate on the question and has done so in the past. Where it finds that a tenancy is unregistered due to the landlord’s wrongful claim of licence, the PRTB can serve a notice requiring registration and failure to comply is an offence.
The question of whether a particular rental agreement is a tenancy or a licence is independent of the type or nature of the development. It is not the case, for example, that owners of multi-unit developments are automatically exempt from PRTB regulations. Where the owner of a dwelling in a multi-unit development enters into an agreement with a person for the occupation of that dwelling, it is a private contractual matter between the parties as to whether that agreement is a licence or a tenancy. If the agreement entered into is a tenancy agreement, then the Residential Tenancies Act 2004 applies to that agreement, unless it falls into one of the exemptions set out in section 3 of the Act. Where the agreement entered into between the parties is a licence agreement, the Act does not apply.
845. Deputy Fergus O'Dowd asked the Minister for the Environment, Community and Local Government if he will respond to issues (details supplied) in relation to the registration of architects; and if he will make a statement on the matter. [46598/15]
View answerThe statutory arrangements for the registration of architects are set out under Part 3 of the Building Control Act 2007. Section 22 of the Act makes specific provision for the registration based on technical assessment of persons who had been independently performing duties commensurate with those of an architect for a period of 10 or more years in the State prior to the commencement of the Act.
In 2013, in response in particular to the lower than anticipated rate of applications for registration by technical assessment, an independent review of the arrangements in place for registration was undertaken by Mr Garret Fennell, Solicitor. Mr Fennell’s report, which was welcomed by my Department, made a number of recommendations intended to improve and streamline the arrangements for registration. Implementation of these recommendations, in consultation with the Architects Alliance of Ireland and others, has seen a number of reforms being implemented which include the administration of the technical assessment process on a cyclical basis where briefing, guidance and support for candidates can be administered in a structured manner; mentoring and supporting applicants; facilitating assessment based on recent projects; facilitating applicants with reassessment/reapplication (i.e. ensuring that the technical assessment procedure is not seen as a one chance only route to registration); and reviewing and simplifying guidance materials with direct input from practice-trained persons. My Department and the RIAI, as registration body, are committed to continuing to work with the Architects Alliance of Ireland and others in this manner to achieve whatever further reasonable and practical improvements of registration arrangements can be made in the context of the Fennell report or otherwise.
The recent review of the building control regulations afforded the opportunity for further consideration of the matter in the context of broadening the pool of persons who may certify building works for building control purposes. In this regard, Minister Kelly and I have both reaffirmed our commitment to continuing to work with stakeholders to identify, as an alternative to the existing technical assessment procedure, a special entry route that takes due account of the practice-trained experience and subsequent career circumstances of such candidates for registration.
846. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government to support a matter (details supplied) regarding housing; and if he will make a statement on the matter. [46633/15]
View answerThe issue referred to in this question relates to a submission to Dublin City Council on its draft development plan, proposing that the plan should support the provision of an additional floor of accommodation in existing dwellings, for stated reasons. This submission is a matter for the Council to consider, taking account of local and particular circumstances relating to matters such as residential amenity and urban and streetscape design.
In view of the Minister’s statutory power to make submissions or observations to a planning authority on a draft development plan, which is generally exercised to address matters of a national and regional policy nature, it would be inappropriate for me to comment on or endorse submissions or observations made by other persons or bodies in respect of a draft development plan.
847. Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government the names of the persons he has nominated to serve in positions carrying remuneration, other than out of pocket expenses, on commissions, industrial, assurance, semi-State or other similar concerns; the amounts received annually in respect of each appointment; the name of the concern to which the appointment was made during the years 2011 to date; and if he will make a statement on the matter. [46666/15]
View answerThe information requested is being compiled and will be forwarded to the Deputy as soon as possible.
848. Deputy Fergus O'Dowd asked the Minister for the Environment, Community and Local Government the findings of the preliminary MacCabe Durney Barnes report into the performance of planning functions in respect of six planning authorities; his response and the details of meetings held as a result; his observations on same; the detail surrounding such observations; the facts relating to the revising of the preliminary findings report; how many times it was revised; and if he will make a statement on the matter. [46698/15]
View answer849. Deputy Fergus O'Dowd asked the Minister for the Environment, Community and Local Government when he recieved the written report of MacCabe Durney Barnes into the performance of planning functions in respect of six planning authorities; the recommendations made; if he will publish it; and if he will make a statement on the matter. [46699/15]
View answerI propose to take Questions Nos. 848 and 849 together.
MacCabe Durney Barnes Consultants were appointed in February 2014 to carry out an independent planning review on the performance of planning functions having regard to specific planning issues in respect of six planning authorities (Carlow, Cork, Galway and Meath County Councils and Cork and Dublin City Councils) in accordance with section 255 of the Planning and Development Act 2000, as amended.
In line with the Terms of Reference, MacCabe Durney Barnes Consultants submitted a Preliminary Findings Report or draft Report on 2 October 2014 and my Department subsequently met with the consultants on 20 February 2015 to review my Department’s observations on the draft Report. Subsequently, the consultants were requested to circulate the relevant parts of the draft Report to the relevant planning authorities and complainants in finalising the report which is broadly in line with the draft Report.
I received the final report from the consultants in July 2015 and, after having fully considered its contents, I published the Independent Planning Review of The Performance of Planning Functions having regard to Specific Issues raised in respect of Six Planning Authorities – Final Report by MacCabe Durney Barnes on 15 December 2015. The independent Review Report has not found that the planning system is broken or fundamentally flawed from a legislative and policy framework perspective, but that certain systems and procedures need to be reviewed and enhanced to achieve the standards of transparency, consistency and accountability that a modern society expects.
I also published my Department’s response to the report entitled Response of the Department of the Environment Community and Local Government to the Independent Planning Review of the Performance of Planning Functions having regard to Specific Issues raised in respect of Six Planning Authorities outlining steps to be taken in the implementation of all 29 recommendations by legislative, regulatory and policy level changes.
Both reports are available on my Department’s website at http://www.environ.ie/en/Publications/DevelopmentandHousing/Planning/.
850. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the number of annual subscriptions to external membership bodies and groups his Department has, including the cost and details. [46744/15]
View answerExpenditure by my Department in respect of external membership of bodies and groups in 2015 other than subscriptions to certain international bodies and Conventions such as bodies under the auspices of the United Nations is outlined in the tables below.
Fees to professional bodies are reimbursed in certain circumstances such as where there is a legal requirement for a staff member to be registered with a professional body (e.g. in order to maintain his/her qualifications) or where membership of the body enables the staff member to keep abreast of developments in a particularly relevant area of his/her profession.
Access to papers, training and development that accrues to my Department as a consequence of the membership of the range of relevant professional bodies represents considerable value for money in maintaining professional expertise and competency in key business areas.
|
Department of the Environment, Community and Local Government - Membership of Professional Bodies 2015 |
||
|
Body |
Number of staff members |
Cost |
|
Association of Chartered Certified Accountants |
12 |
€3,393.66 |
|
Chartered Accountants of Ireland |
8 |
€4,063.00 |
|
Chartered Inst of Housing |
2 |
€168.00 |
|
Chartered Inst of Internal Auditors |
1 |
€279.60 |
|
Chartered Inst. Of Water & Environmental Engineers |
1 |
€418.25 |
|
Chartered Surveyors Ireland |
2 |
€599.80 |
|
Chartered Institute of Management Accountants |
2 |
€486.41 |
|
Chartered Inst of Public Finance & Accountancy |
1 |
€445.00 |
|
Engineers Ireland |
12 |
€3,285.00 |
|
Institute of Internal Auditors |
1 |
€279.60 |
|
Inst. of Certified Public Accountants in Ireland |
9 |
€4,896.00 |
|
Inst. Of Structural Engineers/ and Engineers Ireland |
1 |
€687.60 |
|
Institute of Chartered Accountants Ireland (ICAI) |
4 |
€2,260.00 |
|
Institution of Structural Engineers |
1 |
€587.66 |
|
Institute of Planning Ireland |
1 |
€200.00 |
|
Royal Inst. Of Architects of Ireland |
5 |
€2,330.00 |
|
Royal Institute of Chartered Surveyors |
1 |
€411.00 |
|
Royal Town Planning Institute |
1 |
€419.62 |
|
Society of Chartered Surveyors in Ireland |
1 |
€445.00 |
|
Institute of Occupational Safety and Health |
1 |
€140 |
|
Institute of Physics |
1 |
€169 |
|
Chartered Institute of Personnel and Development |
1 |
€213.75 |
|
Total |
|
€26,177.95 |
|
Department of the Environment, Community and Local Government - Corporate Memberships/ Subscriptions to external bodies 2015 |
||
|
IPA's Governance Forum |
Corporate Membership |
€4,000 |
|
EURORAI |
Corporate Membership |
€2,000 |
|
UKOUG (uk Oracle User Group) |
Corporate Membership |
€2,066.56 |
|
IRLOGI |
Corporate Membership |
€360.00 |
|
European Movement Ireland |
Corporate Membership |
€1,300.00 |
|
Irish Society for European Law |
Corporate Membership |
€500.00 |
|
The Statistical and Social Inquiry Society of Ireland |
Corporate Membership |
€200.00 |
|
Delft University of Technology |
Corporate Membership |
€265.00 |
|
IIEA |
Corporate Membership |
€7,000 |
|
Visitor Safety in The Countryside Group |
Corporate Membership |
€1,300 |
|
Statistical & Social Inquiry Society of Ireland |
Corporate Membership |
€200.00 |
|
Association Européenne pour le Fleurissement et le Paysage (AEFP) |
Corporate Membership |
€2,100.00 |
|
Total |
€21,291.56 |
851. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the number of annual subscriptions to newspapers or magazines his Department has including the cost and details. [46745/15]
View answerThe following table sets out the information in relation to newspapers, magazines or academic/scientific/technical journals that are acquired by my Department on the basis of annual subscriptions.
|
Supplier |
Details |
Amount |
|
American Meteorological Society |
Membership and Subscriptions for Bulletin of the American Meteorological Society (BAMS), Journal of Applied Meteorology & Climatology, Journal of Climate, Journal of Physical Oceanography, Monthly Weather Review and Weather and Forecasting |
€3,176.75 |
|
An Cosantóir Subscriptions Service |
Subscription for An Cosantoir |
€30.00 |
|
Better Regulation Ltd. |
Subscription for Irish Pensions Law |
€503.51 |
|
Elsevier |
Subscription for Agricultural and Forest Meteorology |
€5,473.02 |
|
Environmental Data Services Ltd. |
Subscription to Ends Europe |
€5,228.99 |
|
Europolitics / Europe Information Service SA |
Subscription for Online Bulletins on EU Politics and European Affairs |
€1,623.60 |
|
I.R.N. Publishing Ltd. |
Subscription for Health and Safety Review |
€299.75 |
|
Irish Air Letter |
Subscription for Irish Air Letter |
€95.00 |
|
Irish Farmer's Journal |
Subscription to Irish Farmer's Journal |
€199.00 |
|
John Wiley & Sons Ltd. |
Subscription for International Journal of Climatology |
€3,594.06 |
|
John Wiley & Sons Ltd. |
Subscription for "Weather" |
€136.88 |
|
John Wiley & Sons Ltd. |
Subscription for Quarterly Journal of the Royal Meteorological Society (QJRMS) |
€1,116.84 |
|
John Wiley & Sons Ltd. |
Subscription for Meteorological Applications |
€590.40 |
|
Legal Island Ltd. |
Subscription for Electronic Notifications of Changes to Employment Law |
€225.00 |
|
Meteorological Society of New Zealand |
Membership and Subscription for Met Soc NZ Bulletin |
€81.90 |
|
Newspaper Licensing Ireland Ltd. |
Regional newspaper licence |
€2,117.45 |
|
Retreading Business Ltd. |
Subscription to Tyre and Rubber Recycling Magazine |
€69.40 |
|
Société Météorologique de France, Météo et Climat |
Subscription for La Météorologie |
€87.20 |
|
Springer |
Subscription for Climatic Change |
€7,111.86 |
|
Springer |
Subscription for Meteorological and Atmospheric Physics |
€5,158.62 |
|
Springer |
Subscription for Theoretical and Applied Climatology |
€7,372.62 |
|
Taylor & Francis (Informa UK Ltd.) |
Subscription for Atmosphere Ocean |
€207.10 |
|
Taylor & Francis (Informa UK Ltd.) |
Subscription for Weatherwise |
€180.94 |
|
The Irish Times Ltd |
Subscription for Irish Times Online |
€192.00 |
|
Total |
€44,871.89 |
852. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the annual cost to his Department of advertisements placed on its behalf in newspapers, magazines, television and radio and social media. [46746/15]
View answerThe annual cost to my Department of advertising will vary from year to year depending on the work programme and the need for advertising. Excluding expenditure on the annual Fire Safety campaign, my Department incurred costs of €144,143.11 on advertising in 2015, including notices placed in Iris Oifigiúil. €361,190 was expended in 2015 on the annual Fire Safety advertising campaign.
853. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government when the new national planning framework will be finished and implemented; and if he will make a statement on the matter. [46785/15]
View answerIn December Minister Kelly and I published a roadmap document entitled Towards a National Planning Framework - A Roadmap for the delivery of the National Planning Framework 2016. This followed Government approval (2014) to the commencement of the preparation of a new National Planning Framework to act as a new long-term national planning and regional development framework as a successor to the 2002 National Spatial Strategy which was Ireland’s first national strategic spatial planning framework.
It is my intention that the publication of this important document will (i) signal that the preparation of the NPF is commencing, (ii) provide information as to the approach and timetable proposed (iii) outline matters to be considered and (iv) indicate how persons and organisations can become involved in the process.
I intend that the new National Planning Framework, will be a high-level nationally focused document, which will be developed to ensure the optimal development of the country as a whole while maximising Ireland’s economic recovery and on-going growth at national, regional and local level, thus further contributing to sustainable national recovery through an inclusive and participative approach with all relevant national, regional and local interests and acting as the strategic context for:
1) planning in Ireland at national level, in relation to relevant Government policies and investment concerning national and regional development with particular emphasis on economic development and investment in housing, water services, transport, communications, energy, health and education infrastructure;
2) development, by the three new regional assemblies, of their new regional spatial and economic strategies; and
3) planning authorities and An Bord Pleanála discharging their statutory planning functions.
The roadmap document sets out general arrangements for the preparation of the NPF, which will follow on from the establishment of a dedicated work team in my Department and which will also involve the establishment of a high-level cross-departmental steering group, to oversee the process, supported by appropriate public consultation and stakeholder engagement arrangements in 2016.
I anticipate the publication of a draft framework during the third quarter of 2016 with the final version expected by year end and possibly into Q1 2017.
854. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if the Dog Breeding Establishments Act 2010 permits the breeding of dogs for the purpose of experimentation; and if he will protect the welfare of these dogs. [46797/15]
View answerThe Dog Breeding Establishments Act 2010 provides for the regulation of Dog Breeding Establishments and provides a robust regulatory framework for, inter alia, the licensing, monitoring and inspection of dog breeding establishments by local authorities. The Act does not prescribe the purposes for which such premises may or may not be established, managed or operated. Accordingly, it does not provide for nor does it prohibit the breeding of dogs for scientific purposes.
The protection of such dogs, however, and all other animals used for scientific purposes, is covered specifically by the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012, and is the policy responsibility of the Minister for Health.
855. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government why a two-year exclusion exists for businesses who miss tendering deadlines for local government contracts, if there are exemptions to this rule, if he will abolish this penalty; and if he will make a statement on the matter. [46800/15]
View answerUnder Section 149 of the Local Government Act 2001, as amended by Section 54 of the Local Government Reform Act 2014, the awarding of Local Government Contracts is a matter for the Chief Executive Officer of each local authority.
All public procurement contracts must be awarded in line with Irish and EU procurement rules, guidelines and regulations. My colleague the Minister for Public Expenditure and Reform is responsible for Public Procurement.
