Written Answers Nos. 138-147
138. Deputy Niamh Smyth asked the Minister for the Environment, Community and Local Government when he will provide money previously promised for the community centre facility as part of phase 2 of works at a project (details supplied). [17415/16]
View answerMy Department is providing €2.3 million through the Capital Assistance Scheme (CAS) to Monaghan County Council for the construction by Castleblayney Care Housing Association of 18 units of accommodation at Drumilliard, Castleblayney, County Monaghan, to cater for persons with disabilities. This is made up of 10 two bed units and an 8 unit group home.
I understand that this project is largely complete and 10 of the 18 units have tenants allocated to them; however, the 8 unit group home remains to be tenanted. I would strongly encourage the tenanting of the remaining 8 units as a matter of urgency, to ensure that persons who are in most need can avail of this newly developed facility.
A further application has been submitted by Monaghan County Council on behalf of Castleblaney Care Housing Association for the provision of an additional two units of accommodation on this site, along with a communal facility.
It is important that all housing bodies wishing to access public funding from my Department engage with the Department and with the interim Regulator for approved housing bodies, to ensure effective governance and financial management oversight of the housing provider. Following contact between my Department and Castleblaney Care Housing Association about their Approved Housing Body status under Section 6 of the Housing (Miscellaneous Provision) Act 1992, this status was rescinded. However, contact is continuing with the Association to advise them on the actions they must take to regularise their approved housing body status.
A decision on funding for the second CAS proposal can be made following a review of Castleblaney Care Housing Association’s status and following the full completion of the first project, to include the submission of the final account, a post-project review and confirmation from Monaghan County Council that all the units are tenanted.
139. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government to outline Glasnevin Trust's system of appointing members to its board; and his views on this system and whether it is in line with best practice. [17422/16]
View answerMy Department has policy and legislative responsibility in respect of the regulation of local authority burial grounds. The Dublin Cemeteries Committee was set up under a Private Act, the Dublin Cemeteries Committee Act 1970, which replaced an earlier Private Act of 1846. The 1970 Act empowers the said Committee to provide, operate and maintain cemeteries in the Dublin area and undertake related activities.
Glasnevin Trust, originally known as Dublin Cemeteries Committee, is not a body under the aegis of my Department and I have no function in relation to, or direct control over, its operation, management, regulation or otherwise. Accordingly, it would be inappropriate for me to comment on this matter.
140. Deputy Lisa Chambers asked the Minister for the Environment, Community and Local Government the number of occasions in each of the years from 2011 to 2016 to date in which the powers vested in him or any other Minister in his Department were exercised, without any express act of delegation, by departmental officials of certain seniority and responsibility, as per the Carltona doctrine. [17469/16]
View answerBy virtue of the Constitution as well as the Ministers and Secretaries Act 1924, Ministers are responsible and accountable to the Oireachtas for the administration of Departments of State. In practice, except in respect of certain powers and issues of significant importance where the Minister is required to act personally, the powers and duties of Ministers are normally exercised under the authority of the Minister by responsible officials of his or her Department. This is known as the Carltona Doctrine which has been formally acknowledged as law in Ireland by the courts.
The Public Service Management Act 1997 sets out a formal structure for assigning responsibility and accountability within the civil service without amending the 1924 Act as regards the responsibility of Ministers. The management structures set out in the 1997 Act operate ‘under the Minister’ and contain a number of safeguards that are designed to maintain the authority of the Minister in relation to the Department. The 1997 Act neither supplants nor affects the Carltona Doctrine. The governance framework for my Department, which will require updating following the completion of the transfer of functions process currently underway between my Department and the Department of Communications, Climate Action and the Environment, is published on the Department’s website at the following link: Department of Environment Community and Local Government Governance Framework.
Given their variety and number, statistical information is not maintained in respect of each occasion on which powers vested in me are exercised by my officials pursuant to the Carltona Doctrine.
141. Deputy Peter Burke asked the Minister for the Environment, Community and Local Government further to the passing of 2.5 years since his Department invited submissions from the public on the targeted revision of the outdated wind energy development guidelines, when he will publish these; and if he will make a statement on the matter. [17554/16]
View answerIn December 2013, my Department published proposed “draft” revisions to the noise, setback distance and shadow flicker aspects of the 2006 Wind Energy Development Guidelines. These draft revisions proposed:
- the setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments,
- a mandatory minimum setback distance of 500 metres between a wind turbine and the nearest dwelling for amenity considerations, and
- the complete elimination of shadow flicker between wind turbines and neighbouring dwellings.
A public consultation process was also initiated on these proposed draft revisions to the Guidelines, which ran until 21 February 2014. My Department received submissions from 7,500 organisations and members of the public during this public consultation process.
As outlined in the Programme for a Partnership Government published last month, the Government is committed to finalising the revisions to the 2006 Wind Energy Development Guidelines within 3 to 6 months. The revisions to the Guidelines will be informed by the public consultation process and best international practice. My Department will continue to advance work on the Guidelines, in conjunction with the Department of Communications, Energy and Natural Resources.
The revisions to the Wind Energy Development Guidelines 2006, when finalised, will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála are required to have regard to guidelines issued under Section 28 in the performance of their functions under the Planning Acts.
142. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the funds allocated for social housing for retrofitting measures aimed at improving the energy efficiency of older apartments and houses by reducing heat loss through the fabric of the building and the installation of high-efficiency condensing boilers since its inception; the number of homes fitted out per category of work and any unmet demand for each year, in tabular form in each case; and if he will make a statement on the matter. [17561/16]
View answerLocal authorities are currently undertaking an ambitious programme of insulation retrofitting, with the support of my Department, on the least energy efficient social homes. Funding of some €85 million has been provided from 2013 to end-2015 to improve energy efficiency and comfort levels in over 46,000 local authority homes, benefitting those at risk of fuel poverty and making a significant contribution to Ireland’s carbon emissions reduction targets and energy reduction targets for 2020.
The insulation retrofitting programme is being implemented in two phases: Phase 1 commenced in 2013 and is focused on providing attic/roof insulation and the less intrusive cavity wall insulation in all relevant properties. There are 80,000 social homes to be tackled in that phase and to end-2015, some 46,000 homes have been retrofitted, with further good progress anticipated under that phase in 2016.
Phase 2 of the programme will focus on the external fabric upgrade of those social housing units with solid/hollow block wall construction, of which there are 28,000 homes. This phase has commenced on a pilot basis in both Fingal and Westmeath local authorities in 2015 and the outcome of this pilot work will inform the full national roll-out of Phase 2 across all local authorities. Boiler upgrades will be considered in future phases of the programme in all relevant properties.
143. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government his proposals to encourage the use of and improve the criteria for the scheme of improvements in lieu of rehousing, as this scheme could help in the retention and improvement of existing housing stock; and if he will make a statement on the matter. [17618/16]
View answerThe Improvement Works in lieu of Local Authority Housing (IWILs) scheme provides funding to local authorities to improve or extend privately-owned accommodation, which is occupied or intended to be occupied by an applicant approved for social housing, as an alternative to the provision of social housing. The local authority undertakes the improvement work and then charges the housing applicant a weekly amount related to income by way of repayments for up to a maximum of 15 years. If the property is subsequently sold, the cost of the improvement works would be recouped by the local authority.
My Department requests submissions for proposals under the Scheme every year from local authorities and funding is provided to the authorities based on the scale of need identified. The administration of the scheme, including its promotion, the assessment of applications and the allocation of funds for the works, is a matter for each local authority based on their assessment of need and value for money considerations.
I am satisfied that the Scheme is a valuable asset for local authorities in responding to situations where privately-owned accommodation can be improved or extended to obviate the need for the home owner to avail of social housing and I have no plans to adjust its criteria at present.
144. Deputy John Brassil asked the Minister for Social Protection to expedite the assigning of a deciding officer and in turn the decision to provide carer's allowance payment to a person (details supplied); and if he will make a statement on the matter. [17365/16]
View answerI confirm that my department received an application for carer’s allowance from the person concerned on 18 January 2016. Additional information in relation to the person’s application, which was omitted by the applicant, has been requested by a deciding officer. Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
145. Deputy Clare Daly asked the Minister for Social Protection to establish the necessary mechanisms such that LGBT employees and pensioners who were never given the opportunity to leave a survivor pension to their same-sex spouse be given an opportunity to do so now. [17378/16]
View answerUnder the provisions of the Pensions Act, persons in civil partnerships, in same sex marriages or in opposite sex marriages are treated equally. Broadly speaking, pension scheme rules may provide
1. That spousal pension benefits will be paid where the member is married at the point of retirement;
2. That spousal pension benefits will be paid where the member is married at the point of death;
Under 1, where a same sex couple marry subsequent to the member's retirement, no pension would be payable. This also applies to an opposite sex couple, so there would not appear to be a breach of the principle of equal pensions treatment.
Under 2, where a same sex couple marry subsequent to retirement, but before the member's death, a spousal pension would be payable. This would also be the case for a same sex couple.
Any changes to pension scheme rules would be required to apply equally to persons in civil partnerships, in same sex marriages or in opposite sex marriages.
I hope this clarifies the matter for the Deputy.
146. Deputy Clare Daly asked the Minister for Social Protection to amend section 81 of the Pensions Act 1990, which prevents LGBT pensioners who have been retired for more than one year from challenging the refusal of a pension in the Equality Tribunal, to bring it into line with the requirements of European law. [17379/16]
View answerIt should be noted that under the provisions of the Pensions Act persons in civil partnerships, in same sex marriages or in opposite sex marriages are treated equally. The principle of equal pension treatment is that there shall be no discrimination on any of the discriminatory grounds in respect of any rule of a scheme compared to other members of prospective members of that scheme. Broadly speaking, pension scheme rules may provide that -
1. spousal pension benefits will be paid where the member is married at the point of retirement;
2. spousal pension benefits will be paid where the member is married at the point of death;
Under 1, where a same sex couple marry subsequent to the member's retirement, no pension would be payable. This also applies to an opposite sex couple, so there would not appear to be a breach of the principle of equal pensions treatment.
Under 2, where a same sex couple marry subsequent to retirement, but before the member's death, a spousal pension would be payable. This would also be the case for a same sex couple. Any changes to pension scheme rules would be required to apply equally to persons in civil partnerships, in same sex marriages or in opposite sex marriages.
Section 81E of the Pensions Act 1990 refers to the forum for seeking redress in relation to equal pension treatment in occupational benefits schemes. The change requested to the Pensions Act 1990 is intended to extend the period during which a claim for redress may be made to the Equality Tribunal – now the Workplace Relations Commission – in respect of certain pension claims. As section 81E of the Pensions Act currently provides 6 months from the date of termination of employment for the submission of a claim for redress, and scope to extend this to 12 months where there is reasonable cause, I do not intend to bring forward any changes to the legislation at this time.
147. Deputy Michael Ring asked the Minister for Social Protection when a decision will issue on a carer's allowance claim by a person (details supplied); and if he will make a statement on the matter. [17381/16]
View answerI confirm that the department received an application for Carer's Allowance (CA) from the person concerned on 5 November 2015.
It is a condition for receipt of a CA that the carer must be providing full-time care and attention. It is a further condition that the person being cared for must require full-time care and attention.
The evidence submitted in support of this application was examined and a deciding officer (DO) decided that the person in question was not entitled to CA on the grounds that neither of these conditions was satisfied.
The person concerned was notified on 22 February 2016 of these decisions, the reasons for it and of her right of review and appeal.
The person concerned has requested a review and submitted additional evidence in support of her application. Some further clarification in relation to the person’s application has also been requested from the person concerned by a deciding officer. Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome of this review.
I hope this clarifies the matter for the Deputy.
