Brian Stanley
Question:94. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government his progress in implementing the Climate Action and Low Carbon Development Act 2015. [21520/16]
View answerLegislative Measures
Questions (94)
Written answers
The Climate Action and Low Carbon Development Act 2015 provides, inter alia , for the approval of climate change mitigation and adaptation plans by Government for the purpose of pursuing the transition to a low carbon, climate resilient and environmentally sustainable economy by 2050; work is progressing in relation to the development of these plans and the pursuit and achievement of the national transition objective. In accordance with section 4 of the 2015 Act, the Minister for the Environment, Community and Local Government must submit a National Mitigation Plan (NMP) to Government for approval by June 2017. The primary objective of the NMP is to track implementation of measures already underway and identify additional actions in the longer term to reduce greenhouse gas emissions and progress the transition agenda to 2050. In line with the requirements of section 4(3)(a) of the 2015 Act, arrangements are currently being made to enable the formal statutory process required to facilitate the preparation of the first NMP. Notwithstanding this statutory process, work has been underway for some time on the development of the NMP with a draft due to be published for consultation by end 2016.
While climate policy has been, and must continue to be, focussed on limiting greenhouse gas emissions in accordance with our national, EU and international obligations, taking steps to adjust human and natural systems in response to existing or expected climate change so as to prevent or moderate environmental damage or to take advantage of any opportunities that may arise, is also an urgent policy priority. Accordingly, under section 5 of the 2015 Act, the Minister must submit to Government for approval not later than December 2017, a National Adaptation Framework (NAF).
The NAF will specify the national strategy for the application of adaptation measures in different sectors and by local authorities in their administrative areas in order to reduce the vulnerability of the State to the negative effects of climate change and to exploit any beneficial opportunities. The 2015 Act also provides that relevant Ministers will be required to develop sectorial adaptation plans which will specify the adaptation policy measures the Minister in question proposes to adopt.
Given the important role of local government in contributing to this response, my Department is engaging closely with the sector, in collaboration with the EPA, to ensure appropriate guidance is provided and capacity is strengthened. To this end, the Minister for Communications, Energy and Natural Resources launched the Local Authority Adaptation Strategy Development Guidelines in May 2016 and a number of follow-up training sessions and workshops will be held over the coming months.
Finally, the Climate Change Advisory Council was established by order on 18 January 2016 under section 8 of the 2015 Act. The Council, which is independent in the performance of its functions, provides advice to Ministers and the Government in respect of climate change matters and has met on several occasions, including during its interim period of operation, pending legal establishment, from June 2015 to January 2016. The Council will in time prepare material to fulfil its annual and periodic reporting functions, as set out under the legislation. To date, it has provided recommendations in relation to the proposal for Phase IV of the Emissions Trading Scheme for the period 2021 to 2030.
Overall, I am satisfied with progress under the Climate Action and Low Carbon Development Act 2015, which provides the institutional framework necessary to allow for the development, approval and implementation of robust mitigation and adaptation policy measures.
I look forward to continuing progress being made under the 2015 Act and this work will be advanced on a whole-of-Government basis by my colleague, the Minister for Communications, Energy and Natural Resources under his newly configured and retitled Department, pending the making of the necessary Government Orders.
Planning Issues
Questions (95)
Michael Healy-Rae
Question:95. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the status of quarries in local areas; and if he will make a statement on the matter. [21701/16]
View answerWritten answers
Under the Planning and Development Act 2000, I have no function in relation to individual planning cases and any information on the planning status of quarries in local areas is a matter for the planning authority concerned. Planning permission is required for the operation of a new quarry and must include environmental impact assessment (EIA), where the surface area exceeds 25 hectares or where the area of extraction of stone, gravel, sand or clay exceeds 5 hectares. These thresholds also apply in the case of a planning application for an extension of an existing quarry or where an extension would result in an increase in size greater than 25 per cent of the appropriate threshold.
EIA is also required in the considerations of planning applications for new quarries or quarry extensions, other than those referred to above, where the quarry is likely to have significant effects on the environment. In the case of all planning applications for new quarries or quarry extensions, screening for appropriate assessment relating to the Habitats Directive is also required, and the proposed development must be the subject of an appropriate assessment, where necessary.
In response to the Judgment of the European Court of Justice in case C - 215/06, section 261A was inserted into the Planning and Development Act 2000 in 2010. Under this provision, each planning authority was required to examine all existing quarries in its functional area to determine whether EIA, a screening for EIA or an appropriate assessment, should have been, but was not, carried out. Where a planning authority determined that a quarry came within this category, the authority was required to make a further decision in relation to the planning status of the quarry, including registration status. Following from this, the planning authority had to either take enforcement action, requiring the quarry to cease operations or direct the quarry operator to apply to An Bórd Pleanála for substitute consent, a process involving either EIA or appropriate assessment, or both, as appropriate. The 2000 Act, and Regulations made thereunder, were amended in 2015 to address anomalies arising from the substitute consent provisions for quarries. The most notable amendment permits quarry operators applying for substitute consent pursuant to section 261A, to apply to the Board at the same time for permission for prospective development.
Environmental Policy
Questions (96)
Declan Breathnach
Question:96. Deputy Declan Breathnach asked the Minister for the Environment, Community and Local Government the steps he has taken about a "Do Not Swim" notice which was issued on 4 July 2016 at Clogherhead Beach, County Louth; and if he will make a statement on the matter. [21717/16]
View answerWritten answers
Neither I nor my Department has any direct role in monitoring or supervising the delivery of water services or any pollution incidents arising therefrom. The imposition of bathing prohibitions by local authorities in the event of discharges or following intense localised rainfall is done with regard to public health on a precautionary principle. All such incidents are reported to the EPA’s wastewater enforcement system and are publicised on the SPLASH website at http://splash.epa.ie/#, which is the national bathing water information website for identified bathing waters around Ireland.
With particular regard to Clogherhead Beach in Co. Louth, I understand that the ‘do not swim notice’ imposed on 4 July 2016 has been lifted.
Water Services
Questions (97)
Fiona O'Loughlin
Question:97. Deputy Fiona O'Loughlin asked the Minister for the Environment, Community and Local Government the progress of the Allenwood south sewerage extension in County Kildare; and if he will make a statement on the matter. [21739/16]
View answerWritten answers
Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. If Deputies have any queries on specific issues in relation to water services, they may be aware that Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.
Legislative Measures
Questions (98)
Catherine Connolly
Question:98. Deputy Catherine Connolly asked the Minister for the Environment, Community and Local Government to provide a list of statutory undertakers under the Water Services Acts 2007 and 2013, the Planning and Development Act 2000, the Local Government Act 2001 and any statutory instruments subsequent to the stated enactments; and if he will make a statement on the matter. [21743/16]
View answerWritten answers
Section 2(1) of the Planning and Development Act 2000, as amended, defines “statutory undertaker” to mean a person, for the time being, authorised by or under any enactment or instrument under an enactment to
(a) construct or operate a railway, canal, inland navigation, dock, harbour or airport,
(b) provide, or carry out works for the provision of, gas, electricity or telecommunications services, or
(c) provide services connected with, or carry out works for the purposes of the carrying on of the activities of, any public undertaking.
The specific persons or bodies coming within the definition of “statutory undertaker” are not specified in the 2000 Act or the Regulations made thereunder. However, the 2000 Act refers to “statutory undertaker”, without elaboration, in section 4(1)(g), subsections (5)(b) and (6) of section 182A and section 254(2)(c). The Planning and Development Regulations 2001, as amended, make reference to statutory undertakers as follows:
- Articles 17(3) and 223(3) refer to a statutory undertaker authorised to provide a telecommunications service of overhead telecommunications lines;
- Part 1 of Schedule 2 to the Regulations includes the following references in classes of exempted development labelled as “Development by statutory undertakers”: the Irish Gas Board (Class 25), An Post (Class 30), a railway undertaking (Class 23), a harbour authority (Class 24), a gas undertaking (other than the Irish Gas Board) (Class 25), an undertaker authorised to provide an electricity service (Classes 26 to 28), an electricity undertaking (Class 29), a statutory undertaker authorised to provide a telecommunications service (Class 31), a person to whom an aerodrome licence within the meaning of the Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order 1998 has been granted (Class 32), a statutory undertaker (in the context of inland waterways) (Class 35); and
- Part 2 (Advertisements) of Schedule 2 to the Regulations refers to a statutory undertaker in Class 12 (exempted development).
There are no statutory undertakers defined under the Water Services Acts 2007 – 2014; authorised persons include the Minister, Irish Water and Water Services Authorities.
There are no provisions in the Local Government Act 2001 which define statutory undertakers.
Water and Sewerage Schemes
Questions (99)
Kevin O'Keeffe
Question:99. Deputy Kevin O'Keeffe asked the Minister for the Environment, Community and Local Government when the next tranche of funding will be approved for specific schemes (details supplied). [21752/16]
View answerWritten answers
Cork County Council has included the Group Water Scheme in question in its application to my Department for funding under Measure 3 of the new Rural Water Multi-Annual Funding Programme for the period 2016 to 2018. My Department is currently considering local authorities' bids for funding for group water and group sewerage schemes and allocations to authorities for funding under the new programme will be provided shortly.
Housing Estates
Questions (100)
Michael Healy-Rae
Question:100. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the status of an application by persons (details supplied) who wish Kerry County Council to take over their estate; and if he will make a statement on the matter. [21784/16]
View answerWritten answers
The taking in charge of residential estates by local authorities is provided for under section 180 of the Planning and Development Act 2000, as amended. Section 180(1) provides that, in relation to estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission, the planning authority must, if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the taking-in-charge procedures.
My Department has issued detailed guidance to planning authorities in relation to the taking-in-charge of housing estates and the steps to be followed in this regard. I understand that Kerry County Council have not to date received an application for the estate concerned to be taken in charge by the Council.
In the circumstances, I would recommend that the residents concerned should be advised to contact Kerry County Council with a view to making a formal application to have their estate taken-in-charge.
Traveller Accommodation
Questions (101, 102)
Gerry Adams
Question:101. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if the national Traveller accommodation consultative committee has submitted its suggested composition and terms of reference for the Housing Agency's independent review of Traveller accommodation programmes; and if he will make a statement on the matter. [21799/16]
View answerGerry Adams
Question:102. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the make-up of the special working group which is auditing the delivery and implementation of local authorities' Traveller accommodation plans; when this audit will conclude; and if he will make a statement on the matter. [21800/16]
View answerWritten answers
I propose to take Questions Nos. 101 and 102 together.
In accordance with the Housing (Traveller Accommodation) Act 1998, housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas. My Department’s role is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.
In terms of the delivery of Traveller-specific accommodation and associated funding, the approach to be followed will be guided by the Programme for Partnership Government commitment ‘to establish a special working group to audit the current delivery and implementation of local authorities’ Traveller Accommodation Plans and consult with stakeholders on key areas of concern. The group should report a plan for the delivery of safe, culturally appropriate accommodation. I intend to further underpin this commitment in the forthcoming Action Plan for Housing.
In order to progress this commitment, the Housing Agency is being asked, in the first instance, to commission an independent review of Traveller accommodation expenditure and delivery of units, having regard to the targets contained in the local authority Traveller Accommodation Programmes. These are 5-year rolling programmes prepared and published by each local authority for the provision of Traveller accommodation in their areas. These programmes are subject to comprehensive local stakeholder and public consultation, including members and representatives of the Traveller community. In parallel, the composition and terms of reference of the working group to be established under the Programme for Government commitment will be scoped by the National Traveller Accommodation Consultative Committee (NTACC), which comprises key stakeholders including representatives of the Traveller community, and submitted to me for consideration. This is in accordance with the Housing (Traveller Accommodation) Act 1998 which provides, inter alia, that the NTACC may advise the Minister on general matters concerning the preparation, adequacy, implementation and co-ordination of traveller accommodation programmes. The independent review commissioned by the Housing Agency will provide factual information and a key platform for the working group to progress its work effectively.
While the timing of the finalisation of the work of the working group will be dependent upon its terms of reference and work programme, I will be mandating the group to complete their report in the earliest time possible.