Wednesday, 17 Jan 2018

Legislative Measures

Questions (233)

Mick Barry

Question:

233. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection the details of the provisions in the promised Bill to tackle insecure low-hour contracts and bogus self-employment. [2132/18]

View answer

Written answers

Minister for Employment Affairs and Social Protection

On 7 December last year, I published the Employment (Miscellaneous Provisions) Bill 2017 in response to the commitment in the current Programme for Government to tackle problems caused by the increased casualisation of work and to strengthen the regulation of precarious work.

The proposed legislation aims to improve the security and predictability of working hours for employees on insecure contracts and those working variable hours. The Bill has a particular focus on low-paid, more vulnerable workers. It provides for five key issues:

- Ensuring that employees are better informed about the nature of their employment arrangements and, in particular, their core terms at an early stage of their employment.

- Strengthening the provisions around minimum payments to low-paid, vulnerable workers who may be called in to work for a period but not provided with that work.

- Prohibiting zero hours contracts in most circumstances.

- Ensuring that employees on low hour contracts, who consistently work more hours each week than provided for in their contracts of employment, are entitled to be placed in a band of hours that better reflects the reality of the hours they have worked over an extended period.

- Strengthening the anti-victimisation provisions for employees who try to invoke a right under the Bill.

I look forward to working with all sides of both Houses of the Oireachtas so that this important Bill may be progressed as expeditiously as possible over the coming months.

Separately to this Bill, a working group from my Department, the Department of Finance and the Revenue Commissioners have compiled a report on the use of ‘disguised–employment’ such as intermediary employment structures and certain self-employment arrangements. My Department is concerned that such mechanisms are being used to reduce the amount of PRSI and tax being paid with a subsequent loss to the Exchequer and the Social Insurance Fund. The Minister for Finance and I are considering the report with a view to its publication in the near future.

Planning Issues

Questions (234)

Pat Casey

Question:

234. Deputy Pat Casey asked the Minister for Housing, Planning and Local Government the position regarding the damage to upland landscapes by the construction of onshore industrial wind turbines; and if he will make a statement on the matter. [2188/18]

View answer

Written answers

Minister for Housing, Planning and Local Government

Planning authorities and An Bord Pleanála are required to take account of the 2006 Wind Energy Development Guidelines for Planning Authorities, which were issued as statutory guidance by the Minister under section 28 of the Planning and Development Act 2000, as amended, when considering planning applications or appeals in respect of proposed wind energy developments. Chapters 3 and 6 of the Guidelines provide planning guidance for planning authorities on the assessment of the impact of wind energy projects on the landscape, when making a development plan and as part of development management.

An environmental impact assessment (EIA) must also be undertaken before a decision is made on a planning application or appeal in respect of a wind energy development comprising more than 5 turbines or having a power output greater than 5 megawatts. Appropriate assessment of the likely adverse effects of the proposed development on designated sites of particular environmental importance may also be required.

These processes and requirements are aimed at ensuring that all potential environmental impacts, including landscape impacts, of a proposed development are fully considered and taken into account prior to a decision being made on an individual planning application or appeal. In addition, a decision to grant permission for development may include conditions to mitigate environmental impacts of the construction process and the environmental effects of the development as identified under EIA. Furthermore, planning authorities have extensive powers under Part VIII of the 2000 Act to ensure that development is carried out in accordance with the terms and conditions of the planning permission concerned.

Separate from the planning process, it is understood that the forthcoming Renewable Electricity Policy and Development Framework currently being progressed by the Department of Communications, Climate Action and Environment will identify a limited number of areas suitable for the development of wind energy projects of scale, having regard to the protection of natural and cultural heritage, landscape and amenity.

Local Authority Housing Mortgages

Questions (235)

Kevin O'Keeffe

Question:

235. Deputy Kevin O'Keeffe asked the Minister for Housing, Planning and Local Government his plans to review the criteria in respect of the local authority housing loan scheme in order to take into account the difficulties facing many persons (details supplied). [2144/18]

View answer

Written answers

Minister for Housing, Planning and Local Government

Local authority house purchase loan finance continues to be made available to first time buyers only. The Housing (Local Authority Loans) Regulations 2012 are kept under on-going review and there are no plans, at this time, to alter the scope of the Regulations to include non-first time buyers.

The option currently available for non-first time buyers is to seek home loan facilities from one of the commercial lending institutions.

Vacant Sites Data

Questions (236)

Richard Boyd Barrett

Question:

236. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government the number of sites that have been entered in every city and council vacant sites register from 1 January 2017 to 1 January 2018; and if he will make a statement on the matter. [2184/18]

View answer

Written answers

Minister of State at the Department of Housing, Planning and Local Government

The Urban Regeneration and Housing Act 2015 introduced a new measure, the vacant site levy, which is aimed at incentivising the development of vacant, 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 notices to owners of vacant sites by 1 June 2018 in respect of vacant sites on the register on 1 January 2018. The levy will 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 year 2018 and will subsequently be applied on an annual basis thereafter, as long as a site remains on the vacant site register in the preceding year.

Planning authorities are presently engaging in the necessary preparatory work, prior to the application of the levy with effect from January 2019 in respect of sites identified on the register in 2018. As required under the Act, this includes the identification of specific vacant sites for entry on the register as well as the registered owners of the sites in question along with undertaking a site valuation.

My Department does not maintain a central register of vacant sites as each local authority administers the vacant site register in respect of their functional area. On foot of a recent review of the online vacant site registers across all local authority areas, I understand that there is collectively over 180 sites on the registers.

My Department continues to monitor and engage with local authorities in relation to the implementation of the vacant site levy and as recently as 8 November 2017 held a seminar with authorities in this regard.

Planning Issues

Questions (237)

Seán Haughey

Question:

237. Deputy Seán Haughey asked the Minister for Housing, Planning and Local Government if he will request local authorities to make documentation in respect of planning applications available online in a timely fashion; if his attention has been drawn to the fact that Dublin City Council considers this a courtesy service thus resulting in documents being made available late; and if he will make a statement on the matter. [2214/18]

View answer

Written answers

Minister of State at the Department of Housing, Planning and Local Government

Under current planning legislation, namely the Planning and Development Act 2000, as amended (the 2000 Act) and the Planning and Development Regulations 2001-2017, the processing of planning applications is based primarily on physical documents. While planning authorities endeavour to upload on-line as soon as possible the principal planning documents that are required to be made available in hard copy for public inspection and purchase, there is no statutory requirement for them to do so.

Amendments to the 2000 Act to facilitate the introduction of eplanning (electronic planning) across the local authority sector and in An Bord Pleanála have been incorporated in the Planning and Development (Amendment) Bill 2016, which is progressing through the Oireachtas (currently at Dáil Report Stage). When enacted and supplemented by necessary supporting regulations, this will allow the making available on-line of planning applications and appeals and submissions in relation to them, and also the on-line payment of associated fees. In this context, the aim will be to ensure that planning documents are made available on-line at the same time as they are made available for viewing in hard copy by members of the public.

Local Authority Finances

Questions (238)

Peadar Tóibín

Question:

238. Deputy Peadar Tóibín asked the Minister for Housing, Planning and Local Government if local authorities have received, or are in the process of receiving, debt write offs on loans they acquired under the land aggregation scheme; the local authorities which have received debt write offs on such loans, in tabular form; and the process for the application of debt write offs under the scheme. [2219/18]

View answer

Written answers

Minister for Housing, Planning and Local Government

The Land Aggregation Scheme was introduced in 2010 as part of revised arrangements for the funding of land for housing purposes. The primary purpose of the Scheme was to assist in the gradual unwinding of loans taken out by housing authorities to purchase land for the social and affordable housing investment programme.

Local authorities were invited to apply to my Department to recoup the cost of outstanding loans on housing land, where these loans were due to mature and where it was considered unlikely that land would be developed in the short to medium term. The application process required a formal submission by the local authority, including confirmation of having complied with the requirements under Section 103 of the Local Government Act 2001, as amended, in respect of notifying members of intention to dispose of land.

An initial appraisal of the land, to determine its suitability for inclusion in the scheme, was carried out by the Housing Agency, as well as a due diligence assessment. Subject to available funding, my Department discharged the loans and the sites transferred to the ownership of the Housing Agency.

Applications to the value of some €163 million in loans were accepted into the Land Aggregation Scheme. The figure of €163 million includes €111 million in respect of loans which were fully redeemed by local authorities with funding recouped from my Department, under the original terms of the Scheme.

The remaining €52 million accepted into the Land Aggregation Scheme is in the form of annuity loans, for which local authorities are making repayments to the Housing Finance Agency. Such annuity repayments are recoupable from my Department, subject to the local authority complying with terms of the Scheme.

Local authorities were advised of the discontinuance of the Scheme, in respect of new applications, in 2013.

The land involved continues to be available for housing and was included on the Rebuilding Ireland land mapping exercise.

Details of the sites accepted into the Land Aggregation Scheme are set out in the following tables.

Table 1: Sites accepted under the first phase of the Scheme (Loan capital & interest fully redeemed).

Previous Owner	Location	Value of Loan accepted into the scheme (Capital & Interest)	Size of Site
		[€]	[ha]
Carlow County Council	Tinryland	499,835	1.9
Carlow County Council	Slate Row, Hacketstown	611,677	3.2
Clare County Council	Lisdoonvarna	2,189,982	4.4
Cork County Council	Meelin	115,032	1.6
Cork County Council	Oakwood, Macroom	1,126,472	2.3
Cork County Council	Colleras, Goleen	348,337	0.5
Cork County Council	Knocknagree	241,595	1.3
Cork County Council	Lombardstown	152,184	1.3
Cork County Council	The Slip, Bantry,	2,788,750	13.5
Cork County Council	Carrigtwohill	1,474,014	2
Dún Laoghaire- Rathdown County Council	Enniskerry Road, Sandyford	10,257,875	2.8
Fingal County Council	Hampton, Balbriggan	26,479,174	24.2
Galway City Council	Ballymoneen Road, Ballyburke	7,006,412	2.5
Kildare County Council	Kildare, Brallistown	1,929,294	4.0
Kildare County Council	Nurney	829,896	4.2
Kildare County Council	Clane	3,595,901	8.5
Kildare County Council	Naas, Craddockstown	4,750,580	7.9
Laois County Council	Castletown	111,392	1.5
Laois County Council	Portlaoise Road, Mountrath	849,818	3.1
Laois County Council	Golflinks Road Rathdowney	342,669	2
Laois County Council	Adj. to Cemetery Ballinakill	178,188	1.3
Laois County Council	Woodbrook, Mountrath	370,383	1.7
Limerick County Council	Glin	124,123	0.5
Limerick County Council	Ballyhahill	54,466	1.2
Limerick County Council	Mountcollins	135,694	1.5
Limerick County Council	Knocklong	434,019	3.5
Limerick County Council	Bruff	229,899	2.1
Mallow Town Council	St Joseph's Road, Mallow	3,877,077	5.3
Meath County Council	Townparks Kells	2,516,242	4.4
Naas Town Council	Naas Devoy Barracks	11,522,100	5.6
National Building Agency	Cartontroy-Kilnafaddoge & Lissywollen, Athlone	4,167,544	5.5
National Building Agency	Tullow Road, Carlow	3,327,875	2
Offaly County Council	Shinrone	371,847	2.9
Sligo County Council	Ballintogher	274,344	1.3
Sligo County Council	Tubbercurry	34,062	0.2
Sligo County Council	Lisnalurg	4,828,276	11.8
Tralee Town Council	Ballyard, Tralee	5,585,790	8.3
Waterford County Council	Townpark East, Tallow	871,053	4.3
Waterford City Council	Gibbet Hill	1,620,215	2.9
Wexford County Council	Creagh B Demesne, Gorey	270,933	0.7
Wexford County Council	Ballyowen, Ramsfort Park Gorey	701,448	1
Wexford County Council	Hospital Hill, Bunclody	1,252,881	4.4
Wexford County Council	Parish Field, Bunclody	283,233	0.7
Wexford County Council	Taghmon, Wexford	829,214	3.4
Wexford County Council	Carrick on Bannow	111,339	0.5
Wicklow Town Council	Hillview, Ballynerrin, Wicklow Town	1,390,145	2.9
	Total	€ 111,063,279	172.6 ha

Table 2: Sites accepted under the second phase of the Scheme (Annuity repayments recoupable from the Department of the Environment, Community and Local Government).

Local Authority	Location	Value of Loan accepted into the scheme (Capital & Interest)	Size of Site
		[€]	[ha]
Carlow County Council	Royal Oak Road, Bagenalstown	50,484*	0.11
Carlow County Council	Paupish	960,510	2.2
Cork County Council	Dripsey	708,517	1.295
Cork County Council	Cloughmacsimon, Bandon	3,006,467	3.63
Cork County Council	Duntahane Rd, Fermoy	3,535,156	3.98
Cork County Council	The Miles. Clonakilty	1,066,686	2.464
Cork County Council	Stag Park, Mitchelstown	3,781,435	8.59
Cork County Council	Barrack Rd, Youghal	1,136,077	1.16
Cork County Council	Townsend St, Skibbereen	253,467	0.13
Cork County Council	Union Hall	622,233	1.403
Dundalk Town Council	Mount Avenue	4,158,868	3.09
Fingal County Council	Garristown	1,554,333	2.77
Fingal County Council	Hackettstown	7,285,629	7.3
Laois County Council	Abbeyleix Rd	1,383,355	1.491
Laois County Council	Derry Rd Durrow	554,089	1.0281
Laois County Council	Old Knockmay Rd Portlaoise	2,067,744	1.031
Laois County Council	Bride St Ballinakill	340,360	0.92
Laois County Council	Doonane	123,158	0.7405
Laois County Council	Golflinks Rd (2)	1,243,534	2.132
Limerick County Council	Cappamore	99,397	1.25
Offaly County Council	Kilcormac	622,331	1.2165
Sligo Borough Council	Ballindoe	8,830,267	15.1753
Tullamore Town Council	Collins Lane	4,836,978	4.34
Wexford County Council	Campile Ballykerogue	236,635	0.76
Wexford County Council	Castlemoyle A&B New Ross	3,744,513	5.96
	Total	€ 52,202,222	74.1664 ha

*Royal Oak Road, Bagenalstown was accepted under the second phase of the scheme. However given the loan amount involved, €50,484, it was decided that it would be more efficient and effective to redeem the loan in full. Accordingly no interest payment arises in relation to that site.