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Thursday, 29 Sep 2016

Written Answers Nos. 127-138

Student Grant Scheme Eligibility

Questions (127)

Thomas Byrne

Question:

127. Deputy Thomas Byrne asked the Minister for Education and Skills if he will review the protocols in SUSI for students such as a person (details supplied) whereby SUSI will not accept change of circumstances once a student's first point of entry into this system is under 23 years of age; and if he will make a statement on the matter. [28021/16]

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Written answers

For student grant purposes, students are categorised according to their circumstances either as students dependent on parents or a legal guardian, or as independent mature students.

For a dependent student, the reckonable income for grant purposes includes both his/her own income and that of his/her parents/legal guardians.

A student may be assessed as an independent mature student if he or she has attained the age of 23 on the 1st January of the year of first entry to an approved course, or of re-entry following a break in studies of at least three years, and is not ordinarily resident with his/her parents from the previous October. Otherwise he or she would continue to be assessed on the basis of parental income.

An applicant's class is defined at his/her first point of entry to an approved higher or further education course and will continue to apply for the duration of his/her studies.

While it is not possible to appeal an applicant’s class during the course of their studies an applicant may be assessed or re-assessed by the awarding authority in the event of a change of circumstances relating to the following: permanent change in reckonable income; number of dependent children residing in the household; commencement of an approved course; normal residence; nationality or immigration status; change of course or institution.

If an individual applicant considers that she/he has been unjustly refused a student grant on the grounds of their initial classification as an independent or dependent student, she/he may appeal, in the first instance, to SUSI. Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board.

Teaching Contracts

Questions (128)

Michael Healy-Rae

Question:

128. Deputy Michael Healy-Rae asked the Minister for Education and Skills to outline the position with regard to teachers who are job-sharing (details supplied); and if he will make a statement on the matter. [28022/16]

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Written answers

The terms and conditions of the Job Sharing Scheme for Teachers are contained in my Department’s Circular Letter 0075/2015. These terms and conditions have been agreed under the auspices of  the Teachers Conciliation Council, a body established in accordance with the terms of the Conciliation and Arbitration Scheme for Teachers. The Council is composed of representatives of teachers, school management, the Department of Education and Skills, the Department of Public Expenditure and Reform and is chaired by an official of the Workplace Relations Commission.

Paragraph 2. of the Circular sets out the provisions as regards school policy in relation to job sharing arrangements and states:

2.1 Each employer shall develop and maintain a policy statement specific to the needs of the school in relation to the approval of job sharing arrangements.

2.2 It is a matter for the employer to decide the time-sharing arrangement(s) which it is prepared to endorse e.g. week on /week off, split week. Post-Primary employers, for example, may require a job sharing teacher to be timetabled over 5 days per week. Subject to the exercise by the employer of its responsibility in this regard, timetable arrangements for job sharing teachers should be designed within the spirit of the scheme to facilitate the teacher, so far as is practicable.

2.3 In drawing up this policy, the welfare and educational needs of the pupils shall take precedence over all other considerations.

'Employermeans an Education and Training Board (ETB) for vocational schools/community colleges and a Board of Management/Manager in the case of primary, voluntary secondary, community and comprehensive schools.

School Transport Eligibility

Questions (129)

Brendan Howlin

Question:

129. Deputy Brendan Howlin asked the Minister for Education and Skills to outline the reason persons (details supplied) in County Wexford cannot be granted a concessionary bus ticket for school; if he will review this decision; and if he will make a statement on the matter. [28023/16]

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Written answers

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

Under the terms of my Department's Post Primary school transport scheme children are eligible for school transport where they reside not less than 4.8 kilometres from and are attending their nearest post primary centre as determined by my Department/Bus Éireann, having regard to ethos and language.

The persons referred to by the Deputy have progressed from second level education and therefore cannot avail of school transport under the terms of the above scheme.

Rental Accommodation Standards

Questions (130, 135, 136)

Dara Calleary

Question:

130. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government to outline the steps he is taking to combat the serious dangers of carbon monoxide for families who live in rented accommodation; his plans to ensure that all landlords carry out an annual service and safety check on all residential heating systems including gas boilers, oil boilers and solid fuel; his views on the compliance with this legal obligation; the steps his Department has taken to ensure that each local authority and each housing association funded by the Exchequer is fully compliant with this legal obligation; and if he will make a statement on the matter. [27814/16]

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Dara Calleary

Question:

135. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government if he is aware of the legal requirement upon landlords to ensure that an annual service of home heating boilers is carried out; the number of local authority homes by each local authority in which boiler services have been carried out in each of the years 2011 to 2015; the engagement he and his Department have had on this matter with the Sustainable Energy Authority of Ireland and the Department of Communications, Climate Action and Environment; if local authorities have sought additional resources to meet these legal requirements as landlords; and if he will make a statement on the matter. [27816/16]

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Dara Calleary

Question:

136. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government if any enforcement proceedings have been taken against any landlords in the past five years for their failure to meet their legal requirement to ensure that an annual service is carried out on home heating boilers; the number of offences detected for each of the years 2011 to 2015, inclusive; the steps to be taken to increase compliance and improve the safety and comfort for tenants; if he has discussed this issue with the local authorities; and if he will make a statement on the matter. [27817/16]

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Written answers

I propose to take Questions Nos. 130, 135 and 136 together.

I am committed to developing a real and meaningful strategy for the rental sector to enable it to develop to its full potential. Ensuring quality accommodation standards in the sector is an integral part of this process.

Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. The Regulations specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. With very limited exemptions, these regulations apply to local authority and voluntary housing units as well as private rented residential accommodation. All landlords have a legal obligation to ensure that their rented properties comply with these regulations.

Article 7 of the regulations states that each habitable room must contain a permanently fixed appliance or appliances capable of providing effective heating and that there are suitable and adequate facilities for the safe and effective removal of fumes and other products of combustion to the external air.

Article 13 provides that installations for the supply of gas shall be maintained in good repair and safe working order. There is no requirement under the Housing (Standards for Rented Houses) Regulations 2008, as amended, for landlords to carry out an annual service of home heating boilers.

Responsibility for the enforcement of the regulations rests with the relevant local authority supported by a dedicated stream of funding provided from part of the proceeds of tenancy registration fees collected by the Residential Tenancies Board (RTB). Since the establishment of the RTB, over €32 million has been paid to local authorities to assist them in the performance of their functions under the Housing Acts, including the inspection of rented accommodation. Over 185,000 inspections have been carried out in this period.

Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened legislative framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations. Fines for non-compliance with the regulations were also increased; the maximum fine increased from €3,000 to €5,000 and the fine for each day of a continuing offence increased from €250 to €400.

Statistics in relation to the number of inspections carried out by local authorities, the number of dwellings not meeting regulatory requirements, as well as the number of legal actions initiated can be found on my Department’s website at the following link: http://www.housing.gov.ie/housing/statistics/house-building-and-private-rented/private-housing-market-statistics.

My Department does not collate statistics in relation to the reason for enforcement procedures being taken by the relevant local authority.

To ensure that the standards reflect the requirements of a modern rental market, a review of the Housing (Standards for Rented Houses) Regulations 2008, as amended, has been initiated. The dangers of carbon monoxide are among the issues being considered as part of the review, which will be concluded later in Autumn 2016.

Wind Energy Guidelines

Questions (131)

Robert Troy

Question:

131. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government to outline the level of engagement he has had regarding publication of new wind energy guidelines; and if he will make a statement on the matter. [27913/16]

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Written answers

In 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-time 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 initiated on these proposed draft revisions to the 2006 Wind Energy Development Guidelines, which ran until 21 February 2014. My Department received over 7,500 submissions from organisations and members of the public during this public consultation process.

As outlined in the Programme for a Partnership Government, this Government is committed to finalising the revisions to the 2006 Wind Energy Development Guidelines within the first six months of Government. The revisions to the Guidelines will be informed by the public consultation process and by best international practice. My Department is continuing to advance work on the Guidelines, in conjunction with the Department of Communications, Climate Action and Environment.

The revisions to the 2006 Wind Energy Development Guidelines, 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 such guidelines, issued under Section 28, in the performance of their functions under the Planning Acts.

Flood Prevention Measures

Questions (132)

Bernard Durkan

Question:

132. Deputy Bernard J. Durkan asked the Minister for Housing, Planning, Community and Local Government to outline the extent to which adequate provision is being made to tackle flooding in all areas throughout the country throughout the winter months, with particular reference to the need for a rapid response; and if he will make a statement on the matter. [28003/16]

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Written answers

I refer to the reply to Question No. 356 of 27 September 2016 which sets out the position in this matter. The position remains unchanged.

Water Charges Data

Questions (133)

Richard Boyd Barrett

Question:

133. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning, Community and Local Government to set down the full cost in 2017 of abolishing water charges. [28027/16]

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Written answers

I refer to the reply to Question No. 620 on 16 September 2016 which sets out the position in this matter. The position remains unchanged.

Water Services Infrastructure

Questions (134)

Charlie McConalogue

Question:

134. Deputy Charlie McConalogue asked the Minister for Housing, Planning, Community and Local Government to outline the progress to date on the taking in charge of developments with stand-alone treatment plants; and if he will make a statement on the matter. [27807/16]

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Written answers

I have set out information below in relation to the National Taking in Charge Initiative (NTICI) for residential estates.

The National Taking in Charge Initiative (NTICI) for residential estates, and the pilot scheme funding of €10m, were both announced in April 2016. The aim of the NTICI is to accelerate the taking-in-charge process of housing estates, including estates with developer-provided water services infrastructure and to develop new working methods from the pilot funding that can be deployed in tackling further taking-in-charge requirements into the future.

The initiative draws upon data gathered from each of the 31 local authorities and collated by my Department in December 2015, which subsequently allocated funding for a number of developments on the basis of proposals from the local authorities submitted to my Department.

The information collated in December 2015 indicated that, of the 5,566 developments yet to be taken in charge, there are approximately 914 estates with developer-provided infrastructure (DPI) and work is continuing on finalising this figure.

Under the terms of the NTICI, only those developments subject to valid taking-in-charge applications were eligible for inclusion in the call for proposals for pilot funding under Circular FPS3, but it is my Department’s intention that the knowledge and experience gained under the Initiative will be applied to deal with further estates to be taken in charge over time.

Further information on NTICI can be found on my Department’s website at the following link: http://www.housing.gov.ie/search/archived/current?query=Taking%20in%20Charge.

With regard to the issue of stand-alone treatment plants or developer-provided (water services) infrastructure raised by the Deputy, 44 of the 353 developments approved for funding contain such infrastructure. My Department is engaged with the relevant local authorities, Irish Water and the Environmental Protection Agency in ensuring that sustainable solutions are found for these developments and that the methodologies developed can be deployed in speeding up future taking-in-charge applications as they arise.

Questions Nos. 135 and 136 answered with Question No. 130.

Social and Affordable Housing

Questions (137)

Róisín Shortall

Question:

137. Deputy Róisín Shortall asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to a 2015 NDFA project (details supplied); his views on whether this project violates his Department's guidelines relating to social mix; if he will make public the design brief that has been supplied to the chosen architects; the proposals for local consultations if these developments will be subject to fast-track planning regulations; and if he will make a statement on the matter. [27854/16]

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Written answers

The Social Housing Strategy 2020 provided for an investment with a capital value of €300 million in social housing through the public private partnership or PPP model. In total the programme is expected to deliver 1,500 social housing units.

The delivery of social housing through PPP is part of the plan to accelerate the supply of social housing, which is the second pillar of Rebuilding Ireland: An Action Plan for Housing & Homelessness, launched in July 2016.

To enable delivery to commence as quickly as possible, the PPP programme is being rolled-out in three bundles. The first bundle, comprising six PPP sites which is to provide over 500 units in the greater Dublin area, was announced in October 2015. The social housing is being developed at these sites in co-operation with the local authorities in each area. Two of the sites are located in Dublin City with one each in South Dublin, Kildare, Wicklow and Louth.

The National Development Finance Agency is acting as the procuring authority on behalf of the Department and relevant local authorities. Dublin City Council has been appointed to act as the lead local authority for the delivery of the social housing PPP Programme in respect of this first bundle.

The site located at Scribblestown was put forward for consideration to be included as part of the first bundle of Social Housing PPP sites by the Dublin Social Housing Delivery Taskforce. All of the sites selected were assessed, having regard to considerations in respect of the current provision of social housing in the irrespective areas in the context of sustainable communities, and compatibility with existing development plans. While the units being developed are all for social housing purposes, sustainability is achieved within the wider framework of development planning for each area.

At the Scribblestown site, the design team’s brief is for the provision of approximately 70 units of differing type and size (for example, 1 bed, 2 bed, 3 bed) together with communal open space and parking. The design team was appointed in August 2016 and the site appraisal and design development works are at an early stage. It is currently envisaged that a planning application, which will be subject to the relevant public consultation provisions, will be submitted for the site in early 2017.

Social and Affordable Housing Provision

Questions (138)

Alan Farrell

Question:

138. Deputy Alan Farrell asked the Minister for Housing, Planning, Community and Local Government to set out the number of social and affordable housing units which will be delivered in the Fingal local authority area under the social housing strategy; the progress of the delivery of these units in Fingal in comparison with the target number agreed with his Department; and if he will make a statement on the matter. [27858/16]

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Written answers

Over the period of the Rebuilding Ireland Action Plan for Housing and Homelessness Plan, 47,000 homes will be delivered under the various social housing programmes, together with an expansion of the Housing Assistance Payment scheme nationwide. This delivery will be achieved through collaboration between local authorities, Approved Housing Bodies, the National Treasury Management Agency and the private sector.

Prior to the publication of the new Action Plan, social housing targets and funding allocations had issued under the Social Housing Strategy to all local authorities in April 2015. Over €1.5 billion in funding allocations was announced to support all local authorities to deliver social housing via a combination of building, buying and leasing schemes out to 2017. Those allocations and associated targets for each local authority, including Fingal, are available on my Department’s website at the following link: http://www.environ.ie/housing/social-housing/minsters-kelly-coffey-announce-eu15-billion-social-housing-targets-local.

Following this notification of targets, announcements in respect of a substantial new set of social housing projects were made in May 2015, July 2015 and January 2016. Between these three announcements, almost €680 million has been allocated for over 3,900 social housing new builds, turnkey developments and acquisitions. Details of these project approvals, including those for Fingal, are available on my Department’s website at the following links:

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

http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,42225,en.htm.

http://www.environ.ie/housing/social-housing/ministers-kelly-coffey-announce-further-1000-social-housing-units.

I am keen that local authorities advance these projects as soon as possible and have assured them that funding is available to fully support their efforts in this regard. As per the project approvals set out at the links above, I anticipate a notable ramping up in terms of both construction spend and delivery over the next year and the measures set out in Rebuilding Ireland, An Action Plan for Housing and Homelessness will have a direct benefit in that regard.

While social housing construction projects are being advanced, acquisitions of new and second-hand houses and apartments remains an effective means of meeting immediate social housing need. In 2015, Fingal County Council secured the purchase of 115 new social housing units. Some of these acquisitions, as well as some of the approved construction projects, were funded under the Capital Assistance Scheme whereby Approved Housing Bodies deliver social housing for those with specific needs such as elderly people, persons with intellectual or physical disability and homeless persons. Additionally, Fingal County Council, along with all other local authorities, have received substantial support from my Department to remediate vacant social homes and make them available to those on the waiting list.

Arrangements to complete the Summary of Social Housing Assessments 2016 are well advanced which will provide updated figures of national housing need, and it is expected that this will be completed by year end. Targets for social housing delivery to end 2017 have already been issued and details of these are available on my Department’s website at the following link:

http://www.housing.gov.ie/housing/social-housing/minsters-kelly-coffey-announce-eu15-billion-social-housing-targets-local.

It should be noted that the allocation, by local authority area, of increased targets under the Action Plan will be linked to the Summary of Social Housing Assessments 2016. This link will mean that the Action Plan targets will be aligned to the up-to-date, priority housing needs locally.

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