Written Answers Nos. 169-181
169. Deputy Brendan Griffin asked the Minister for Housing, Planning, Community and Local Government if there is funding available to approved housing bodies to purchase houses; and if he will make a statement on the matter. [38149/16]
View answerFunding is available to Approved Housing Bodies (AHBs) to deliver new social housing through the acquisition of houses as well as through new build projects. The funding schemes that support AHBs in this regard include the Capital Advance Leasing Facility scheme, the Social Housing Current Expenditure Programme and the Capital Assistance Scheme. Some €1 billion in funding is available under these schemes between 2016 and 2021. AHBs wishing to develop new social housing proposals make contact with the relevant local authority in the first place. My Department is in ongoing contact with AHBs, both individually and collectively, in relation to these matters. There is already a strong pipeline of approved social housing projects for delivery by AHBs under my Department’s funding schemes and this is now bearing fruit. There are around 4,000 new social units approved for delivery by AHBs across the various funding streams, which will be completed over the coming years, and I am keen that they advance the delivery of these units and other build projects as soon as possible.
The Government’s Rebuilding Ireland Action Plan on Housing and Homelessness, recognises the key contribution that AHBs make to the delivery of housing supports in Ireland, building on their track record in terms of both housing provision and management. My Department also works with the AHB sector and with the Housing Agency which has been given responsibility, on an interim basis, for regulating AHBs. Only those AHBs that demonstrate compliance with the Voluntary Regulation Code (Building for the Future - A Voluntary Regulation Code for Approved Housing Bodies in Ireland) and with the AHB Financial Standard and Assessment Framework, having undergone a satisfactory assessment by the Regulation Office within the Housing Agency, are considered eligible for the above funding streams.
170. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government his views on a matter (details supplied) regarding the Planning and Development Bill 2016; and if he will make a statement on the matter. [38160/16]
View answerWhile the circumstances of each case may vary depending on the terms of the mortgage or charge under which a receiver is appointed, the appointment of a receiver does not affect the statutory or contractual rights of tenants under the Residential Tenancies Act. However, the appointment of a receiver to a dwelling can cause confusion and distress to tenants and in circumstances where a receiver is appointed to a rented dwelling, it is essential that the rights of tenants are protected. The Rebuilding Ireland Action Plan for Housing and Homelessness commits to developing a real and meaningful strategy for the rental sector. The strategy will provide a vision of the role that the rental sector will play in the short, medium and long term, in the context of the Government’s objectives for the housing sector overall, as set out in Rebuilding Ireland. The position of encumbered buy-to-let properties in the overall context of rental market supply is an important focus for the strategy and in that context I am examining the possibility of further amendments to the Residential Tenancies Act that could help to bring greater clarity in this area and would be of benefit to tenants and receivers alike.
However, the interplay between receivership law and the Residential Tenancies Act is complex and it is important that changes are not made to legislation that either make matters worse or lead to legal uncertainty. The fundamental objective of any amendments made must be that tenants’ rights are protected and that clear and correct information is available to any tenant affected.
171. Deputy Brendan Griffin asked the Minister for Housing, Planning, Community and Local Government if further protection will be put in place to protect tenants who are renting houses owned by vulture funds; and if he will make a statement on the matter. [38229/16]
View answer172. Deputy Brendan Griffin asked the Minister for Housing, Planning, Community and Local Government the protection from eviction rental accommodation tenants who are living in houses owned by vulture funds have; and if he will make a statement on the matter. [38231/16]
View answerI propose to take Questions Nos. 171 and 172 together.
The Residential Tenancies Act 2004, as amended by the Residential Tenancies (Amendment) Act 2015, regulates the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
Security of tenure under the 2004 Act is based on rolling four-year tenancy cycles. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months and no notice of termination has been served in respect of that tenancy before the expiry of the period of 6 months, the tenancy is established for the remainder of the four year period. This is referred to in the Act as a ‘Part 4’ tenancy.
A landlord may not terminate a Part 4 tenancy except in very clearly defined circumstances such as a failure by the tenant to comply with his or her obligations in relation to the tenancy. Notice periods for the termination of a tenancy by the landlord vary depending on the duration of the tenancy but periods of up to 224 days are provided for under the Act. Where there is a dispute regarding the appropriate period of notice to be given in respect of a tenancy or the validity of a notice of termination, the dispute may be referred to the RTB for resolution.
While the circumstances of each case may vary depending on the terms of the mortgage or charge under which a receiver is appointed, the appointment of a receiver does not affect the statutory or contractual rights of tenants under the Residential Tenancies Act. However, the appointment of a receiver to a dwelling can cause confusion and distress to tenants and in circumstances where a receiver is appointed to a rented dwelling, it is essential that the rights of tenants are protected.
The Rebuilding Ireland Action Plan for Housing and Homelessness commits to developing a real and meaningful strategy for the rental sector. The strategy will provide a vision of the role that the rental sector will play in the short, medium and long term, in the context of the Government’s objectives for the housing sector overall, as set out in Rebuilding Ireland. It will examine a range of matters aimed at improving security, including the position of tenancies during receivership. However, the interplay between receivership law and the Residential Tenancies Act is complex and it is important that changes are not made to legislation that either make matters worse or lead to legal uncertainty. The fundamental objective of any amendments made must be that tenants’ rights are protected and that clear and correct information is available to any tenant affected.
Some legislative changes are being accelerated for early enactment in the Planning and Development (Housing) and Residential Tenancies Bill 2016 which is currently before the Oireachtas. The Bill includes measures to prevent a future recurrence of situations where large numbers of residents in a single development are simultaneously served with termination notices to facilitate vacant possession and sale of the property. These are accompanied by a number of other early actions to enhance the Residential Tenancies Board’s (RTB) enforcement and dispute resolution powers. Tenants and landlords alike will therefore see a number of improvements as a result of these legislative changes.
173. Deputy Niamh Smyth asked the Minister for Housing, Planning, Community and Local Government if a comprehensive public consultation and review of the commercial rates system has been instigated by him; if so, the stage at which it is; the length of time it will take to conclude; and if he will make a statement on the matter. [38257/16]
View answerLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation pursuant to the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority. Commercial rates form an important element of the funding of all local authorities. However, the legislative basis for the levying of rates is spread over a number of enactments, some dating back to the 19th century. I have asked my Department to develop proposals for the preparation of a consolidated Rates Bill to modernise and consolidate the legislation in this area. No public consultation has been instigated at this stage. However, I hope to bring proposals in this area to Government shortly and I would expect the Heads of the Bill to be referred to the relevant Oireachtas Committee for pre-legislative scrutiny in due course.
174. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the estimated overall cost of the consultation, communication and engagement strategy of the Rebuilding Ireland programme; and the estimated and itemised cost of the dedicated website, social media engagement and so on. [38274/16]
View answerThe overall cost to date of the consultation, communication and engagement strategy associated with Rebuilding Ireland is approximately €95,700 (incl. VAT). The main aim of the consultation, communication and engagement strategy is to ensure that the momentum for implementation is maintained throughout the life of the Plan.
A key part of the successful implementation of Rebuilding Ireland will be ensuring that all stakeholders and the wider public are fully aware of the commitments, understand the range of initiatives and actions being rolled out and can access relevant and up-to-date information on progress.
A number of initiatives have been put in place aimed at maintaining and updating the information flow and providing a forum or point of contact for feedback, where needed. For example, a dedicated website, www.rebuildingireland.ie, has been put in place and a dedicated email address, rebuildingireland@housing.gov.ie has also been created. The total investment to date in the development and management of this website has been approximately €54,600 (incl. VAT).
In addition to the standard provision of text and graphic information to view and download, the website facilitates engagement with the general public through the use of video presentations and social media, at a cost of approximately €38,900 (incl. VAT) to date. It is important to note that the video production costs include filming and content generation resources that may be used in future video presentations, thus potentially reducing the costs of future requirements in this area.
Pillar specific launches have also taken place to build implementation momentum by allowing for a deeper focus on a specific pillar area. Three Pillar launches have taken place thus far and similar launches for the two remaining pillars will take place in due course. In relation to one of the Pillar launches, there was a cost of approximately €2,200 for room hire and associated costs.
There has also been a series of local authority-hosted regional events, to stimulate and encourage active involvement and early engagement by all key stakeholders at local and regional levels.
Further requirements in terms of the website, video production and social media services for the next twelve month period, are currently being considered. All efforts will continue to be made to keep expenditure in connection with Rebuilding Ireland to a minimum.
Further information in relation to the Consultation, Communication and Engagement Strategy and in relation to progress more generally under Rebuilding Ireland is available in the First Quarterly Progress Report on Rebuilding Ireland: Action Plan for Housing and Homelessness (in respect of Quarter 3 2016 commitments and actions), which was published on 1 November 2016 and can be accessed at:
http://rebuildingireland.ie/First-Progress-Report.pdf.
175. Deputy Catherine Connolly asked the Minister for Housing, Planning, Community and Local Government the names and qualifications of the members of the marine licence vetting committee who will be undertaking the technical evaluation of the Marine Institute's 35-year foreshore lease application (details supplied) on Galway Bay. [38275/16]
View answerIn accordance with section 2 of the Foreshore Act 1933 (as amended), the power to enter into a lease in respect of State-owned foreshore rests solely with the appropriate Minister as defined in law. Section 13A(2)(c) of the Foreshore Act 1933 empowers the Minister to rely on the advice of officials, consultants, experts or other advisors in making a determination on foreshore applications requiring environmental impact assessment. There are a number of statutory consultees with whom I am obliged to consult on foreshore consent applications. Among these are the public bodies that generally participate in the Marine Licence Vetting Committee (MLVC); the Marine Institute, Department of Transport, Tourism and Sport (Marine Survey Office), Department of Arts, Heritage, Regional, Rural and & Gaeltacht Affairs (Underwater Archaeology and Nature Conservation ), Sea Fisheries Protection Authority and Inland Fisheries Ireland. The MLVC is a multi-disciplinary standing committee which has provided scientific, technical and engineering advice on applications for foreshore consent for the past three decades. It is an ad hoc mechanism used to bring together officials with scientific, technical and engineering expertise from a range of Government Departments and agencies. The MLVC is normally chaired by the Marine Institute, however for the purposes of assessing the Marine Institute's 35 year foreshore lease application in Galway Bay it will be chaired by a senior professional within my Department.
With regard to the expertise of the participants, it is a matter for each relevant public body to ensure that its officials are appropriately qualified and experienced. Information on the qualifications and experience of employees of other organisations is not held by my Department. Those representatives of my Department that participate in the MLVC have the appropriate professional qualifications and experience commensurate with my Department’s role in foreshore consenting. The names of the individuals that will participate in the MLVC as part of the consideration of the application concerned will be compiled and forwarded separately.
176. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government the amount of legal fees paid by his Department in respect of tribunals of inquiry established by the State and any resulting legal actions; if he will provide these, broken down by tribunal and by year, for 2006 to 2016, in tabular form; and if he will make a statement on the matter. [38454/16]
View answerThe Tribunal of Inquiry into Certain Planning Matters and Payments (the Mahon Tribunal) was established by Order of the Minister for the Environment and Local Government to inquire into and report on various planning matters, set out in resolutions passed by Dáil Éireann and Seanad Éireann on 7 and 8 October, 1997 respectively. The final report of the Tribunal was published in March 2012, with Volume V (Chapter 19 - The Carrickmines Module) of the Final Report published on 31 July 2013.
The following table sets out details of the amounts paid by my Department from 2006 up to 28 November 2016 in respect of the Tribunal's own internal legal costs, legal costs associated with legal cases in which the Tribunal was involved, and 3rd Party Costs.
|
Year |
Tribunal Costs |
Court Costs |
3rd Party Costs |
Total |
|
Internal Legal |
External Counsel |
|||
|
2006 |
5,747,046 |
999,534 |
6,623,570 |
13,370,150 |
|
2007 |
5,792,147 |
430,607 |
1,431,277 |
7,654,031 |
|
2008 |
5,523,611 |
1,004,369 |
2,101,169 |
8,629,149 |
|
2009 |
2,723,581 |
726,307 |
627,526 |
4,077,414 |
|
2010 |
1,580,246 |
76,076 |
241,381 |
1,897,703 |
|
2011 |
1,064,688 |
1,437,086 |
62,072 |
2,563,846 |
|
2012 |
844,220 |
418,486 |
586,076 |
1,848,782 |
|
2013 |
561,848 |
124,649 |
3,919,916 |
4,606,413 |
|
2014 |
348,369 |
323,434 |
4,191,443 |
4,863,246 |
|
2015 |
348,635 |
67,650 |
4,057,123 |
4,473,408 |
|
2016 |
394,081 |
n/a |
2,877,085 |
3,271,166 |
|
Total |
€24,928,472 |
€5,608,198 |
€26,718,638 |
€57,255,308 |
177. Deputy Bríd Smith asked the Minister for Social Protection if the treatment and hiring of temporary clerical officers by his Department will be re-examined in view of the fact that many temporary clerical officers with many years, and even decades, of experience and good work records are unable to have any certainty with regard to future work contracts from his Department; if their experience and past record will be taken into account when work becomes available; the likely impact on these workers' prospects of receiving future work and contracts and of steps taken by his Department to contract out certain work to private companies; and if there has been a decline in the hiring of temporary clerical officers by his Department in recent years. [38079/16]
View answerTemporary Clerical Officers (TCOs) are recruited by my Department to provide cover for a wide range of purposes such as staff absences on maternity or sick leave or to assist with specific projects that may be undertaken by the Department from time to time. The use of TCOs by this Department is always in accordance with Civil Service General Council Report 1323.
All TCOs are recruited on foot of competitions administered by the Public Appointments Service (PAS). Once approval has been given to recruit a TCO, my Department contacts PAS and are provided with details of the next person from the panel. Appointments are administered by PAS in strict order of merit.
TCOs are recruited on either a fixed term or fixed purpose contract basis. Where a person is recruited on a fixed term basis their employment must end on the predetermined date as contained in their contract of employment. In the case of a person recruited on a specific purpose contract basis, once the purpose for which they were recruited no longer exists, the Department is obliged to give appropriate notice and end their employment.
Employment in my Department on a temporary contract does not carry any entitlement to permanency. Recruitment of permanent staff is the responsibility of the Public Appointments Service.
There has been no significant decline in the number of TCOs recruited by my Department in recent years. Future recruitment of TCOs depends on many factors, including the number of temporary staffing requirements arising from specific projects, the grade mix in the Department, the underlying demographic factors which impact on patterns of staff absence as well as any decisions on outsourcing of services made in accordance with the Public Service Agreements.
178. Deputy John Brady asked the Minister for Social Protection when a person (details supplied) is expected to receive a family income supplement; and if he will make a statement on the matter. [38094/16]
View answerAn application for family income supplement (FIS) was received by the person concerned on 27th September 2016.
However, the person concerned was in receipt of jobseeker’s transitional payment (JST) at the time of application. As FIS is not payable while on JST, the person concerned was advised by the department on the 4th November 2016 that it would be to their financial benefit to close off their existing JST claim in favour of receiving FIS. The JST payment has now been closed and the FIS application has been awarded with effect from the 29th September 2016.
The person concerned will receive their first FIS payment by their chosen payment method on 01st December 2016. All arrears due from 29th September 2016, less JST already paid, have issued to the person concerned.
I trust this clarifies the matter for the deputy.
179. Deputy John Brady asked the Minister for Social Protection the responsibility his Department assumes for protecting the rights of workers participating in the JobsPlus incentive; the way in which his Department ensures that businesses availing of financial support under the initiative adhere to the relevant employment rights legislation; and if he will make a statement on the matter. [38095/16]
View answerThe JobsPlus incentive provides for a direct monthly payment to employers who recruit employees from the Live Register. It provides two levels of payment - €7,500 or €10,000 over two years - paid in monthly instalments provided the employment is maintained. The rate of payment depends on the length of time the person recruited was unemployed.
In order to be considered eligible for the JobsPlus incentive, an employer must be tax compliant. When the JobsPlus employment commences, the employee is protected under all existing employment rights legislation. JobsPlus employments do not differ from other employments in that respect. While issues relating to employment law and the rights of employees are a matter for the Department of Jobs, Enterprise and Innovation, if the Deputy is aware of particular issues in this regard, involving employees being supported by JobsPlus he should provide the details and my Department will consider them.
I trust this clarifies the matter for the Deputy.
180. Deputy John Brady asked the Minister for Social Protection when he expects the review into the Tús scheme to be completed; and if he will make a statement on the matter. [38097/16]
View answerTús is an employment programme that aims to help people who are long-term unemployed to re-enter the workforce. The programme helps to break the cycle of unemployment by providing a return to a regular work routine, thereby improving a person’s chances of returning to the open labour market. My Department is very conscious of the valuable contribution this scheme makes, both in improving the employment prospects of participants and in providing services to individuals and communities across Ireland.
With the ongoing welcome reductions in the Live Register in recent months, a number of issues around the Department’s employment schemes, including Tús, are being considered. These include the level of expenditure, the number of places and the criteria for participation.
I hope to be in a position to bring a Memorandum to Government on these matters in the coming weeks. If there are any changes to be made to employment schemes, including Tús, consultations with stakeholders will be facilitated.
I hope this clarifies the matter for the Deputy.
181. Deputy John Brady asked the Minister for Social Protection the purpose of the three waiting days for new applicants for jobseeker's allowance that is not backdated on award of the payment; and if he will make a statement on the matter. [38098/16]
View answerWaiting days have been a long standing feature of the jobseeker’s schemes and are a feature of similar social security schemes in many countries. The application of a three-day waiting period avoids the disproportionately high administrative costs involved in processing large numbers of claims of a very short duration.
The waiting day rule is not applied in every case. For instance, a “period of interruption of employment” exists where a person is unemployed or sick for any three days (consecutive or not) within six days. Where a person is subject to intermittent spells of unemployment it would clearly be unreasonable to impose the three waiting days for each such claim.
Accordingly legislation enables, by means of a "linking rule", the aggregation of spells of unemployment so that the waiting period is confined to the first three days of the aggregate period of interruption of employment. Specifically, this linking rule provides that any two such periods of unemployment not separated by more than 26 weeks are treated as one such period. Consequently, where a person makes a repeat claim for jobseeker’s benefit within 26 weeks of their previous claim, the repeat claim links to the earlier claim and no waiting days apply.
I would emphasise that people who need financial support are not left without such support during ‘waiting’ days. A person who has no other income may claim supplementary welfare allowance in respect of the days in question.
While schemes and procedures are under continuous review, I have no plans at present to change the waiting days rule in respect of the jobseeker’s schemes.
