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Tuesday, 29 Nov 2016

Written Answers Nos. 297-306

Local Authority Housing Data

Questions (297)

Joan Burton

Question:

297. Deputy Joan Burton asked the Minister for Housing, Planning, Community and Local Government the number of properties purchased by local authorities in each year since 2010 to date in 2016; and the numbers for each local authority. [37514/16]

View answer

Written answers

Under my Department’s Social Housing Capital Investment Programme, funding is provided to local authorities to deliver additional social housing stock through new construction projects and through the acquisition of new and previously owned houses/apartments. Details on properties purchased by local authorities for letting to those on their social housing waiting list are available on my Department’s website at the following link: http://www.housing.gov.ie/sites/default/files/attachments/1c1-la-acq-by-area_4.xlsx.

Information on quarter three of 2016 is currently being finalised and will be published shortly, while details for the entirety of 2016 will be available in early 2017.

Departmental Reports

Questions (298)

Fergus O'Dowd

Question:

298. Deputy Fergus O'Dowd asked the Minister for Housing, Planning, Community and Local Government the reports commissioned by his Department since 2006 which while completed or in final draft form have not been published; the reason they have not been published; the expected publication date; the cost to date of each such report; if tenders were invited; if it is not intended to publish any such report the reason for same; and if he will make a statement on the matter. [37547/16]

View answer

Written answers

The information sought by the Deputy in respect of the period since March 2011 is set out in the table. This information is not readily available for the period prior to March 2011. However, if the Deputy wishes to put down a question in relation to a specific report, I will endeavour to provide the information sought.

Consultant/Author etc.

Name/Description of Report/Review/Study

Reason Not Published/Expected Publication Date

Tenders Invited

Cost to Date

ARUP Consulting Engineers

Study in respect of provision of fire detection and alarms systems in dwellings.

Not intended for publication. It is a technical report, to inform work in the Department.

Yes

€29,935

Barrow Archaeological Services

Archaeological reports on Met Éireann site at Valentia.

Not intended for publication as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility.

Yes

€1,210

Behaviour & Attitudes Ltd.

Market Survey to determine weather forecast consumption behaviour of the Irish public.

Report for internal purposes, primarily to inform strategic business decisions.

Yes

€19,865

Deloitte

Business Case Review for the Housing Assistance Payment (HAP).

Not intended for publication. Undertaken as part of technical work to update financial modelling related to the preparation of the original business case.

Yes

€28,939

Dr. Dagmar Stengel

Best practice in relation to the sustainable exploitation and management of intertidal seaweed resources. 

Not intended for publication. Informative research sought to address a gap in knowledge at the time.

Yes

€14,391

Flynn Furney Consultants Ltd.

Environmental Management Services re: review of CEMP at Valentia Site (Method Statement).

Not intended for publication as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility.

Yes

€3,167

Glas Ecology

Environment Management Plan (Breeding Chough and Peregrine Survey, Valentia Island, Co. Kerry).

Not intended for publication as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility.

Yes

€4,920

Glas Ecology

Environment Management follow up Report (Breeding Chough and Peregrine Survey, Valentia Island, Co. Kerry).

Not intended for publication as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility.

Yes

€1,599

Housing & Sustainable Communities Ltd.

Toolkit for Local Authorities on regeneration.

Not intended for publication. This was a report intended to provide assistance to Local Authorities in drawing up proposals for the regeneration of their areas.

No. Report provided by Housing & Sustainable Communities Ltd in their role to advise on Department policy and Local Authority implementation of housing-related functions.

€12,300

Housing and Sustainable Communities Agency

Review of leasing model.

Not Intended for publication. Report for internal use only.

No. Report provided by the Housing Agency in accordance with their statutory functions under the Housing and Sustainable Communities Agency (Establishment) Order 2012.

€1,937

Housing and Sustainable Communities Agency

Review of CALF assessment process.

Not Intended for publication. Report for internal use only.

No. Report provided by the Housing Agency in accordance with their statutory functions under the Housing and Sustainable Communities Agency (Establishment) Order 2012.

€11,675

Housing and Sustainable Communities Agency

Business Process Design of the Housing Assistance Payment.

Not Intended for publication. Report for internal use only.

No. Report provided by the Housing Agency in accordance with their statutory functions under the Housing and Sustainable Communities Agency (Establishment) Order 2012.

€54,938

Indecon

Assessment of Potential Merits of New Initiative re Purchase of Local Authority Houses by Existing Tenants.

This report is available on request from the Department.

Tenders were not sought. The report was produced pro-bono by Indecon.

Nil (report produced on a pro-bono basis)

IT Executive Focus

Review of the Structure and Delivery Model of the ICT Services for the Department of the Environment, Community and Local Government.

Internal Management Report. Not intended for publication.

Yes

€55,289

Malachy Walsh & Partners

EIS Screening Report for site at Valentia.

The report is not intended to be published as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility.

Yes

€6,336

MartinPlan Consulting

To consider the implications of the C-50 judgment in the context of waste water discharge licensing and to make any necessary recommendations.

Report forms part of an ongoing deliberative process.

No, due to timeframe and specific expertise required.

€1,750

Munster Archaeology

Report on archaeological investigation/survey of Met Éireann site at Valentia.

The report is not intended to be published as it is a technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring Facility.

Yes

€47,289

National Standards Authority of Ireland (NSAI)

Audit reports for ISO9001:2008 in 2011 and 2012.

Not intended for publication. These reports are for internal use only as an input for ongoing development of a Divisional Quality Management System.

No. The NSAI was used as it is Ireland’s official standards body.

€6,699

Steering Group on Fire Safety Review (Chaired by Martin Riordan)

Review of Fire Safety arrangements in multi-unit developments where concerns arise regarding non-compliance with statutory requirements.

Date of publication to be decided. The report remains under consideration pending clarification on a number of issues.

Yes (procurement managed by Kildare County Council).

€34,905

Userneeds

Usage survey on the Met Éireann website.

Internal Management Report. Not intended for publication.

No. Provided as a free sample.

Nil

Version 1

Evaluation of ICT Disaster Recovery configuration and capability.

Internal Management Report. Not intended for publication.

Yes

€9,363

Library Services

Questions (299)

Thomas Pringle

Question:

299. Deputy Thomas Pringle asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to the issues raised regarding staffless hours in libraries across the country, including the fact that the Local Government Management Agency report on the pilot project in libraries in counties Offaly and Sligo showed small numbers of staffless hours usage; the way in which he is certain that the provision of capital funding for local authorities to introduce staffless hours is in fact in the best interests of the communities affected; and if he will make a statement on the matter. [37571/16]

View answer

Written answers

‘My Open Library’ is an initiative under Opportunities for All, the national public library strategy 2013-2017 and is part of a strategy to address customer demand. It provides additional opening hours from 8am to 10pm, seven days-per-week, ensuring access to library services for users who cannot avail of them during regular staffed hours.

On foot of a successful initial trial of the service in Tullamore, Banagher and Tubbercurry libraries from November 2014, it is now planned to roll-out the service across a further 23 pilot library branches from January 2017. I am satisfied that the learning captured to date justifies extending the pilot phase. The extended pilot phase will inform and shape the future development and implementation of the service across the broader library network, working through any service delivery issues that might arise in the meantime.

‘My Open Library’ has operated very successfully to date and the data captured by local authorities support this position. Library usage and number of items borrowed has increased significantly. In Offaly, for example, some 1,700 people have registered to use the service since January 2015, with a 91% increase in ‘My Open Library’ use in Tullamore and Banagher so far in 2016. This equates to almost 20,000 visits during the ‘My Open Library’ hours.

Feedback from users has been very positive. ‘My Open Library’ has made community spaces and collections available to library members and communities, providing access to commuters, students and families at times when the library would be otherwise unavailable. Each library is now open to the community for 98 hours per week, an increase from 47 hours and 14 hours per week in Tullamore and Banagher, respectively, since the introduction of the service.

Planning Issues

Questions (300)

Clare Daly

Question:

300. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government his views on proposals contained in section 2 of the Planning and Development (Housing) and Residential Tenancies Bill 2016 which will dilute the powers of local authorities with regard to the granting of planning permission for large-scale residential developments; and if he will make a statement on the matter. [37602/16]

View answer

Written answers

The Planning and Development (Housing) and Residential Tenancies Bill 2016, which is currently progressing through the Houses of the Oireachtas, proposes that, for a temporary period of time until the end of 2019 - with the possibility to extend that period by a further 2 years to coincide with the timeframe for the Rebuilding Ireland Action Plan on Housing and Homelessness - planning applications for large-scale housing developments, comprising 100 housing units or more or 200 or more student accommodation bed spaces, shall be made directly to An Bord Pleanála.

The proposed streamlined planning procedures are intended to provide greater certainty for developers in terms of the timelines for planning decision-making, while also facilitating the earlier provision of much needed housing supply and helping to address the current housing supply shortage situation.

In the course of the deliberations on the Bill in the Seanad which are still ongoing, concerns have been expressed regarding the alleged dilution of the role of local authorities and elected members under the proposed new procedures, which I have noted. Similar concerns have also been expressed to me by the Association of Irish Local Government.

In this connection, I wish to outline that, under the proposed new procedures, applications for planning permission in respect of large-scale housing developments will only be considered on lands that have already been zoned for residential development in the relevant city or county development plan, as determined by the elected members in the process of the adoption of the development plan. This remains a reserved function of the elected members and will not change under the new procedures.

Furthermore, it is intended under the proposed new procedures that local authorities will be centrally involved in the pre-application consultation consideration of proposed large-scale housing developments with the developers in question and An Bord Pleanála. When a planning application in respect of a large-scale housing development is subsequently submitted to the Board, local authorities will be further required to submit a report - including making recommendations indicating their view on whether proposed development should be granted or refused permission - to the Board as part of the proposed new arrangements.

Taking account of the concerns expressed to date and the respective reserved and executive functions of local elected members and the local authority executive, I have indicated that I am supportive of tabling a Government amendment to the proposed new arrangements so that elected members are informed of any strategic housing developments proposed for their local areas at an early point in the process thereby facilitating them to make submissions on any such proposed developments. This would enhance the involvement of elected members in the proposed new procedures relating to large scale housing developments, giving them an opportunity to input to the process and to represent the views of their constituents in accordance with their democratic mandate. I am proposing an amendment to the Bill to this effect at Report Stage in the Seanad later today.

I will continue to engage with members of both Houses on all provisions of the Bill as it progresses through both Houses so that the measures contained in it are pragmatic and workable, while also ensuring that local authorities and elected members are involved in, and can input to, the proposed new procedures.

Departmental Bodies Expenditure

Questions (301)

Eamon Scanlon

Question:

301. Deputy Eamon Scanlon asked the Minister for Housing, Planning, Community and Local Government the total grant aid paid to An Taisce by his Department in each year from 2010 to 2016, respectively; and if he will make a statement on the matter. [37607/16]

View answer

Written answers

The table sets out details of funding to An Taisce from my Department over the period in question:

Funding to An Taisce

2010

2011

2012

2013

2014

2015

2016

  €

0

0

0

0

275,492

278,000

358,758

In addition, An Taisce is in receipt of fun ding from the Environment Fund. Responsibility for the Environment Fund transferred to the Department of Communications, Climate Action and Environment on 22 July 2016 as part of the transfer of functions between the two Departments.

Rental Accommodation Scheme Administration

Questions (302)

Robert Troy

Question:

302. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government his views on a rental accommodation scheme whereby contracts are offered on a month-to-month tenancy (details supplied). [37615/16]

View answer

Written answers

The Rental Accommodation Scheme (RAS) involves a three way contractual relationship between the landlord, the tenant and the housing authority. There are two types of contractual arrangements which may be entered into between landlords, housing authorities and tenants under the Scheme - one is known as a Tenancy by Tenancy agreement and the other is known as an Availability Agreement.

Under the Tenancy by Tenancy arrangement a Residential Tenancy agreement is completed by the landlord, the housing authority and the tenant. In this specific arrangement, there is no on-going availability agreement between the landlord and the housing authority - the arrangement continues to exist for as long as the existing tenant resides in the property. However, the tenancy contract between the landlord and the tenant is subject to the provisions and protections of the Residential Tenancies Act and can therefore endure for an unrestricted period. When the tenant leaves the property the contractual relationship between the landlord and the local authority comes to an end.

Under the Housing (Miscellaneous Provisions) Act 2009 all tenants who are allocated RAS accommodation after 1 April 2011 are deemed to have their housing need met and will no longer remain on the main social housing waiting list. However, it is recommended that local authority allocation schemes provide a “transfer pathway” for RAS tenants, where RAS households can apply to transfer to other forms of social housing support, and many tenants have availed of the transfer option and have moved on to other forms of social housing support.

Local authorities apply the same differential rent scheme to all of their tenants regardless of whether the property provided is owned by the local authority, or secured for social housing use under other arrangements such as a long term lease or rental accommodation agreements. When a tenant’s income increases due to increased level of employment, including full-time employment, their differential rent will increase in accordance with the local authority’s rent scheme. While differential rent can exceed market rent for high income households under some local authorities’ rent schemes, an increase in a tenant’s income has no direct effect on their tenancy arrangement. In such a case, it is open to the tenant to leave local authority housing and find alternative housing in the private market; however, this is a matter for the tenant and they are under no onus to do so.

Similarly, when a RAS tenancy ends and the landlord does not wish to renew the tenancy agreement, the household remains a local authority tenant and the onus is on the local authority to find alternative accommodation for them.

Departmental Legal Cases

Questions (303)

Peadar Tóibín

Question:

303. Deputy Peadar Tóibín asked the Minister for Housing, Planning, Community and Local Government if his Department, or the agencies that report to his Department, entered into any non-disclosure or confidentiality agreements with any organisation due to court action or a threatened court action; and, if so, the persons or groups with which these agreements exist. [37627/16]

View answer

Written answers

The information requested is being compiled insofar as my Department is concerned, and will be forwarded to the Deputy as soon as possible. The information in relation to agencies under the aegis of my Department is an operational matter for each Agency. Arrangements have been put in place by each Agency to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The contact email address for each agency is as below:

Agency

Email address

An Bord Pleanála

Oireachtasqueries@pleanala.ie

Ervia, Gas Networks Ireland

oireachtas@ervia.ie

Housing Sustainable Communities Agency

publicreps@housingagency.ie

Housing Finance Agency

oireachtas.enquiries@hfa.ie

Irish Water

oireachtasmembers@water.ie

Irish Water Safety

oireachtas@iws.ie

Local Government Management Agency

corporate@lgma.ie.

Residential Tenancies Board

OireachtasMembersQueries@rtb.ie

Pobal

oireachtasqueries@pobal.ie

The following deferred reply was received under Standing Order 42A

My Department does have a number of non-disclosure or confidentiality agreements in place. Some of these include terms that require the parties to keep the very existence of the agreement confidential. I am therefore not at liberty to release further information about parties to these particular non-disclosure or confidentiality agreements.

In relation to those agreements that do not contain such terms, my Department has confidentiality agreements in place with Atlantic Shellfish Limited and David Hugh-Jones and, separately, with Sea Fibre Networks Limited.

Control of Dogs

Questions (304)

Clare Daly

Question:

304. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government if he will intervene with the Kilkenny County Council executive to remove the clause in the public dog pound tender requiring applicants to have two similar contracts in view of the fact this clause would exclude every organisation from applying; and if he will make a statement on the matter. [37641/16]

View answer

Written answers

Under the Control of Dogs Acts, local authorities have responsibility for operating and managing dog control and licensing services in their administrative areas, including the management of dog pounds or shelters and my Department has no involvement in this process. In this regard, section 15(2) of the 1986 Act empowers local authorities to enter into arrangements with any person for the provision and maintenance of dog pounds or shelters and for the exercise by any such persons of the functions of the local authority under the Act in respect of the acceptance, detention, disposal and destruction of stray or unwanted dogs.

Furthermore, section 15(3) of the 1986 Act empowers local authorities to enter into arrangements with any other local authority, or with the Irish Society for the Prevention of Cruelty to Animals (ISPCA), or with a person connected with animal welfare, for the exercise of all or any of its functions, other than its functions under section 17 or section 30 of this Act.

The procurement of any service in that regard, therefore, is a matter for the local authority, Kilkenny County Council, and the management and operation of such pounds or shelters are matters solely for the relevant local authority.

Social Inclusion and Community Activation Programme

Questions (305)

Brendan Howlin

Question:

305. Deputy Brendan Howlin asked the Minister for Housing, Planning, Community and Local Government further to Question No. 254 of 22 November 2016, the basis on which he supported the payment of statutory redundancy, by approving amendment of the LCDP financial guidelines, to employees made redundant as a result of reorganising and replacing the LCDP scheme in 2015, but has not supported the making of ex gratia payments to former employees where the companies had no funds to make such payments; if money was provided in the 2016 or the 2015 Vote for his Department to allow for such ex gratia payments; if an amendment of the law would be required for the purpose; if he is in compliance with a Labour Court recommendation (details supplied) to enter into meaningful discussions with workers and their union representatives regarding the issue; if he is in compliance with any agreement or understanding on the matter between the parties to the Haddington Road agreement; and if he will make a statement on the matter. [37758/16]

View answer

Written answers

I refer to the reply to Question No. 254 of 22 November 2016, regarding the Local and Community Development Programme (LCDP).

My Department has no role in the internal operations of any private organisations, and therefore does not have a role in relation to staff or employment matters, which are for the Board of the company, as the employer, to manage. Section 2(3) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007, specifically provided that:

“The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001, by virtue of the provision of funding to a person or persons under any scheme”.  Each funding Department is responsible for its funding and contractual arrangements with the Local Development Companies (LDCs). 

However, the Government recognises that, like all other sectors of our economy, the community and voluntary sector has had to deal with reduced funding and financial shortages in recent years and issues have arisen around the capacity of the sector to pay enhanced redundancy payments.

Having considered the outcome of the competitive process for the Social Inclusion and Community Activation Programme (SICAP), and the resulting impact for a number of LDCs who failed to secure SICAP contracts, it was agreed in 2015 that, as part of the closing arrangement for LCDP, provision would be made to allow for certain redundancy costs to be charged to LCDP funding, from within the voted Programme allocation, subject to written agreement to the limits of spend. Sixty Six employees, equating to 52 full time equivalent employees, benefitted from this approach.

Separately, the Department of Public Expenditure and Reform provided limited funding to my Department’s vote in 2014, 2015 and 2016 for a redundancy scheme to compensate certain former community workers who lost their jobs as a result of reductions in programme funding from 2009.  My Department understands that the employers involved fulfilled their statutory redundancy obligations to the employees concerned.  Some of the employees in question subsequently made claims for enhanced redundancy payments through the Labour Relations Commission and the Labour Court and non-binding Labour Court recommendations, to provide additional benefits, were made in certain cases.

My Department has received comprehensive legal advice in relation to the establishment of the enhanced redundancy scheme subsequently proposed by the Department of Public Expenditure and Reform.  It has been in the context of the legal issues identified that discussions between my Department and the Department of Public Expenditure and Reform and the Attorney General’s Office have taken place.  Consideration of the matter will be finalised in light of the outcome of these consultations.

Ministerial Advisers Appointments

Questions (306)

Gerry Adams

Question:

306. Deputy Gerry Adams asked the Minister for Housing, Planning, Community and Local Government the status of the appointment of additional special advisers by him and Ministers of State in his Department. [37888/16]

View answer

Written answers

I have appointed two Special Advisers in accordance the terms and conditions set out in the Instructions to Personnel Officers – Ministerial Appointments for the 32nd Dáil.

Minister of State Damien English has not appointed any Special Advisers nor has Minister of State Catherine Byrne, who has shared responsibilities between my Department and the Department of Health.

Details of Special Advisers appointed are available on the Department of Public Expenditure and Reform website at the following link: http://www.per.gov.ie/en/special-advisers-pay/.

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