Written Answers Nos. 116 -128
116. Deputy Willie Penrose asked the Minister for Education and Skills the steps he will take to advance the construction of a school (details supplied) in County Westmeath; and if he will make a statement on the matter. [31362/16]
View answerThe Deputy will be aware that a building project for the school in question is included in my Department's 6 Year Construction Programme (2019/21). My Department will be in contact with the school in due course in the context of progressing the project into the architectural planning process.
117. Deputy Niamh Smyth asked the Minister for Education and Skills the reason a special educational needs organiser has not assessed a person (details supplied) at their school; if he will review this matter; and if he will make a statement on the matter. [31367/16]
View answerThe National Council for Special Education (NCSE), which is an independent statutory agency, is responsible, through its network of Special Educational Needs Organisers (SENOs) for allocating special educational needs supports to schools. Responsibility for deciding on the quantum of educational supports and resources to be allocated to schools to support individual students with special educational needs, rests with the NCSE, in accordance with my Department's policy.
The role of the NCSE includes processing applications from schools for S support taking into account the frequency and extent of the care needs as referenced in the professional report, the manner in which they arise in a school setting and in this regard, the evidence the school can provide to support the application. The NCSE can also consult with other professionals e.g. my Department’s National Educational Psychological Service (NEPS) and will allocate a level of S support to a school to ensure that the school has sufficient resources to cater for the significant care needs of the relevant children who are enrolled in the school for whom it has been indicated that there is a care requirement.
The NCSE allocates S support to schools in accordance with the criteria set out in my Department's Circular 0030/2014, which is available on my Department's website at: www.education.ie, in order that students who have care needs can access S support as and when it is needed. It should be noted, however, that S allocations are not made to individual children, but are made to schools to support the care needs of children with assessed special educational needs in the school.
The professional assessment of children is not within the remit of the SENO, however, the consideration of professional reports is an integral part of determining the extent of supports to be provided for pupils with special educational needs. Whereas professional reports provide valuable assistance to education providers in identifying a diagnosis or identifying appropriate interventions, health staff have been directed by the HSE not to include references to the specific quantum of educational resources in their reports, reports should state the outcome of assessments carried out and the range of needs of the child as clearly as possible. While a medical or relevant professional report can indicate the care needs that a child may have, the Health professional will not have knowledge or awareness of the current resources available to a school to cater for these care needs, will not be aware of the layout of the school, or have had an opportunity to observe the child in class or observe their interaction with their teachers and classmates on an ongoing basis.
The NCSE has informed my Department that the child in question has been granted access to S support since May 2016. Where a school wishes to appeal the S allocation which has been made to them, they may do so through the NCSE appeals process, details of which are set out at www.ncse.ie. The option to invoke the appeals process is open to the school and parents in question. I am informed that the NCSE has no record of an appeal having been received in regard to the level of support allocated to the school.
All schools have the contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on the NCSE website, www.ncse.ie.
118. Deputy Sean Sherlock asked the Minister for Education and Skills if his Department has applied for permission to engage outside public relations companies for the purposes of disseminating Government policy; the cost of each contract entered into; the name of the contractors; the duration of the contracts; and if he will make a statement on the matter. [31675/16]
View answerThe following table sets out the information requested.
|
Name of Contractor |
Cost of Contract € |
Duration Contract 2015 |
|
Career Zoo |
6,143.85 |
One day |
|
Zoo Digital |
1,082.40 |
Two months |
|
PHD |
13,287.15 |
Three days |
|
PHD |
2,027.15 |
One day |
|
Name of Contractor |
Cost of Contract € |
Duration Contract 2016 |
|
Career Zoo |
7,257.00 |
One day |
|
Zoo Digital |
2,435.40 |
Two months |
|
Carr Communications |
10,897.50 |
Six Days |
119. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government when he will publish wind energy guidelines; the aspects that those guidelines will address; the reason for the delay in publishing them to date; and if he will make a statement on the matter. [31356/16]
View answer128. Deputy Martin Heydon asked the Minister for Housing, Planning, Community and Local Government the progress in finalising revised planning guidelines on wind farm developments; and if he will make a statement on the matter. [31323/16]
View answerI propose to take Questions Nos. 119 and 128 together.
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 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, the Government is committed to finalising the revisions to the 2006 Wind Energy Development Guidelines within the first six months of coming into office. 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, in order to bring the matter to a conclusion within the Programme for Government timeline.
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.
120. Deputy Eamon Ryan asked the Minister for Housing, Planning, Community and Local Government the policy for the archiving of materials from the Mahon tribunal; and the locations they are stored currently and will be stored in future. [31309/16]
View answerThe documentary materials that are required to be archived by the Tribunal of Inquiry into Certain Planning Matters and Payments (more commonly known as the Mahon Tribunal) in compliance with sections 46 and 47 of the Civil Law (Miscellaneous Provisions) Act 2011 and the National Archives Act 1986 are in the process of being placed in storage with the storage company procured and contracted by OPW for Government archiving services. All documents not in archive are presently under the control of the Tribunal at its offices in Dublin Castle. Documents provided to the Tribunal which are not required to be stored under the above legislation are being returned by the Tribunal to the parties who provided same; or if not required to be returned, are being destroyed with the consent of said party. This process is on-going as there is a significant number of parties and documents involved.
121. Deputy Dessie Ellis asked the Minister for Housing, Planning, Community and Local Government if he will provide a breakdown of the cost per dwelling for the additional 400 dwellings that have been targeted for pyrite remediation in 2017 through investment of €22 million; and the location of those additional dwellings. [31220/16]
View answerA sum of € 22 million was announced under Budget 2017 to fund the operation of the pyrite remediation scheme in 201 7 and is a clear signal of the importance attached by Government to addressing the issue of pyrite remediation. The budget allocation will facilitate the remediation of approximately 400 dwellings under the scheme in 2017.
In general terms, the cost of pyrite remediation is largely dependent on the dwelling type, the number of units in a project, the floor area of the dwellings, the depth of hardcore in the units and the presence or otherwise of under-floor heating systems. Against this background, remediation costs can vary significantly and may not always be directly comparable across projects. While my Department monitors overall expenditure under the scheme, the costs associated with individual projects are determined through competitive procurement processes conducted by the Housing Agency on behalf of the Pyrite Resolution Board.
122. Deputy Dessie Ellis asked the Minister for Housing, Planning, Community and Local Government the total cost of the Charlemont Street development where Dublin City Council is engaged in a major private public partnership scheme. [31224/16]
View answerThe Charlemont Street Public Private Partnership development is being primarily undertaken by Dublin City Council. My Department is not directly involved in the development of this project.
In respect of the project, I have been advised by Dublin City Council that it is based on the Council providing development land, in return for which a developer is constructing 79 social housing units and a community facility at no cost to the Council, plus providing a capital sum of €4.8m. In addition, Dublin City Council was given the option to purchase an additional 15 social housing units at a 10% discount on prevailing market prices at the time that construction of the units commences. This option had to be exercised by 30 September 2016 and the City Council has exercised the option.
123. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government if he is proceeding with the plan to introduce a deposit protection scheme in the private rented sector; and if he will make a statement on the matter. [31226/16]
View answerThe Residential Tenancies (Amendment) Act 2015 , enacted on 4 December 2015 , provides, inter alia, for the establishment of a tenancy deposit protection scheme. The deposit protection scheme provisions of the Act will be commenced as soon as the necessary conditions are in place to support the establishment of the scheme, which will be a major project. The priority at present is the development of a strategy for the rented sector by the end of this year in line with the commitment contained in the Government’s Rebuilding Ireland Action Plan on Housing and Homelessness.
124. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government the assessments that have taken place on the impact of remediation works on adjoining properties; if there has been any reconsideration of including properties with a DCR of 1 in the remediation programme if they are attached to a dwelling which is being remediated; and if he will make a statement on the matter. [31241/16]
View answerThe Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by significant pyrite damage. The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme, which is available on the Board’s website (www.pyriteboard.ie).
The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. It is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. I have no proposals to amend this eligibility criterion.
Where a dwelling which has been included in the pyrite remediation scheme adjoins another dwelling, an assessment of the latter dwelling may be carried out, subject to the homeowner’s consent, by the design professional engaged by the Housing Agency when the Remedial Works Plan for the dwelling included in the scheme is being drawn up.
125. Deputy Pearse Doherty asked the Minister for Housing, Planning, Community and Local Government when he will publish guidelines to planning authorities on the practical implementation of the vacant site levy; and if he will make a statement on the matter. [31263/16]
View answer126. Deputy Pearse Doherty asked the Minister for Housing, Planning, Community and Local Government the obstacles that exist to implementing the vacant site levy in 2017; and if he will make a statement on the matter. [31264/16]
View answerI propose to take Questions Nos. 125 and 126 together.
The Urban Regeneration and Housing Act 2015, enacted in July 2015, introduced a new measure, the vacant site levy, which is aimed at incentivising the development of vacant or under-utilised sites in urban areas.
Under the Act, planning authorities are required to establish a register of vacant sites in their areas, beginning on 1 January 2017, and to issue annual notices to owners of vacant sites by 1 June 2018 in respect of vacant sites on the register on 1 January 2018. The levy shall be applied by planning authorities, commencing on 1 January 2019, in respect of sites which were vacant and on the vacant site register during the preceding year (i.e. 2018) and shall subsequently be applied on an annual basis thereafter, as long as a site remains on the vacant site register in the preceding year.
The timeframes set out in the legislation in relation to the commencement of the application of the levy are based on legal advice in relation to the constitutional rights of property owners and are intended to allow site owners sufficient time and opportunity to initiate development on their sites, or alternatively to sell their sites, in order to avoid becoming liable to the levy.
My Department issued general guidance on the implementation of the vacant site levy to planning authorities by way of Circular Letter PL7/2016 on 1 July 2016, entitled Implementation of the Vacant Site Levy as provided for in the Urban Regeneration and Housing Act 2015, which is available on my Department’s website at the following link: www.housing.gov.ie/sites/default/files/publications/files/pl_07-2016_guidance_on_implementation_of_the_vacant_site_levy.pdf.
127. Deputy Charlie McConalogue asked the Minister for Housing, Planning, Community and Local Government the position regarding the situation facing farmers who were unable to empty slurry tanks due to wet ground conditions in advance of the 15 October nitrates directive deadline; if he will provide flexibility to affected farmers to spread slurry after the closing date, ground conditions permitting; and if he will make a statement on the matter. [31316/16]
View answerThe European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014, as amended, give legal effect in Ireland to the Nitrates Directive and to our Nitrates Action Programme (NAP). The Directive requires all member states to define set periods when the land application of fertiliser , including slurry, is not allowed and in Ireland the closed season commenced on 15 October. The closed periods in Ireland were decided following extensive consultation and were discussed with farming bodies and the European Commission when Ireland’s Nitrates Action Programme was introduced. The provisions of the Regulations are underpinned by scientific research and good agricultural practice. The most recent scientific studies carried out on a diverse range of farm and soil types as part of Teagasc’s on-going Agricultural Catchments Programme has provided further evidence in support of the efficacy of the prohibited spreading periods in reducing nutrient losses to waters.
Ireland faces considerable challenges in meeting the requirements of the Water Framework Directive to bring all waters back to good status at least. Taking those challenges and the evidence in support of the benefit of closed periods into consideration, I am not proposing any blanket variation at the present time to the terms of the NAP. However, where there is a risk to animal welfare due to circumstances outside the farmer's control, I understand that farmers with such concerns can contact the Nitrates Section of the Department of Agriculture at (053) 9163444 or by email to nitrates@agriculture.gov.ie with details of the flooding situation, their herd number and other relevant data.
