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Tuesday, 12 Jun 2018

Written Answers Nos. 1258-1278

Social Welfare Eligibility

Questions (1258)

Mick Barry

Question:

1258. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection if the expenses received by elected city and county councillors as distinct from their salary is reckonable as income when means testing a cohabiting couple in circumstances in which one partner is a councillor. [25427/18]

View answer

Written answers

The Department has a number of social assistance schemes where, in order to qualify for the payment, the person must satisfy a means test. These schemes include, among others, Jobseeker’s Allowance, One-parent Family Payment, Disability Allowance, and the State Pension (non-contributory).

These social assistance schemes differ from the Department’s social insurance schemes, which are dependent on the person’s social insurance contribution record. Social assistance schemes exist to ensure that people without adequate means are provided with income supports by the State in order to alleviate poverty. The payments are means tested to ensure that the State’s resources are directed towards those who are in the most need of financial support. Accordingly, social welfare legislation provides that for social assistance schemes, all cash income and any savings or property other than the family home, is assessable as means.

However vouched expenses related to the work of elected city and county councillors are not assessable as income in the means test of social assistance schemes.

Disability Allowance Eligibility

Questions (1259)

Mick Barry

Question:

1259. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection her views on a matter (details supplied) regarding the disability allowance. [25428/18]

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Written answers

Disability allowance (DA) is a means tested scheme and means are assessed in line with the provisions specified in the relevant social welfare legislation. In summary, any income, with some exceptions, belonging to the person is assessable as means for DA purposes.

Another condition for receipt of DA is that a person has an injury, disease or physical or mental disability that has continued (or may be expected to continue for at least one year) and that as a result of this disability, is substantially restricted in undertaking work that would otherwise be suitable for a person of his/her age, experience and qualifications.

The DA scheme is structured to encourage recipients to avail of opportunities to engage in rehabilitative work where this is appropriate, either in self-employment or in insurable employment. When an individual engages in rehabilitative work, they can avail of an income disregard of €120 per week, and 50% of earnings between €120 and €350 are also disregarded, for the purpose of the means test.

Where the DA recipient commences self-employment, we require them to indicate when they are starting and the type of work involved. We also request that they keep full records of their income and expenses from the date on which the self-employment commences. This is to ensure that the appropriate evidence is available to a deciding officer to calculate the average earnings over the period most appropriate, having regard to the circumstances of each case.

Approval must first be sought from my Department in order for the work to be considered as rehabilitative. The term ‘rehabilitative’ is not defined in legislation and is broadly interpreted in administrative practice as including appropriate work that would be regarded as good for the person and would be expected to result in more positive outcomes in symptom levels, self-esteem, quality of life and social functioning. In all cases the recipient must forward a letter from their own doctor indicating that the work is rehabilitative.

The Make Work Pay (MWP) report for people with disabilities, published in 2017, made a number of recommendations including that the requirement that work be of a ‘rehabilitative nature’ for the DA earnings disregard should be dispensed with. This would mean that a report from a doctor would no longer required before commencing work and that the focus is on capacity rather than incapacity. Legislation is required to give effect to this change and is included in the Social Welfare, Pensions and Civil Registration Bill 2017.

I trust this clarifies the matter for the Deputy.

Question No. 1260 answered with Question No. 1254.

Domiciliary Care Allowance Applications

Questions (1261)

Michael McGrath

Question:

1261. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection if an application to backdate a domiciliary care allowance to the date of birth for a child by a person (details supplied) in County Cork will be considered. [25472/18]

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Written answers

An application for domiciliary care allowance (DCA) was received from this person on 9 February 2011 and was found eligible for the allowance. DCA is payable from the month following receipt of the application unless good cause is shown for the delay in submitting the claim, in which case backdating to a maximum of 6 months can be considered. When dealing with the application the deciding officer was not satisfied that the person concerned had indicated a good reason for the delay in claiming the payment and, as a result, the allowance was put into payment from 1st March 2011, the month after the application was received in the Department. The person concerned was given the right of appeal, if not satisfied with the decision, no appeal was lodged.

The person concerned subsequently requested a review of the decision on the 28th February 2018, seeking to have the award of DCA backdated to the date of birth. She was informed by the Deciding Officer on 21 May 2018 that a review of the application had been carried out but a revision of the original decision was not considered to be warranted.

I hope this clarifies the matter for the Deputy.

Labour Activation Programmes Data

Questions (1262)

Róisín Shortall

Question:

1262. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the case of a person (details supplied) in Dublin 9 and the unsatisfactory manner in which he or she was treated by Seetec; if she has received correspondence from the person; the steps she has taken to address his or her concerns; and if she will make a statement on the matter. [25541/18]

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Written answers

I can confirm for the Deputy that no formal complaint or correspondence has been received from the person referred to. Seetec have also advised my Department that no complaint has been received by them. My Department’s Local Intreo Office have advised the person concerned of the Complaints Process should he wish to make a complaint.

It is a requirement of Seetec’s contract with the Department that, in the first instance, they investigate any issues that may arise in respect of the service they provide. If the client remains dissatisfied having exhausted the Contractors Complaint Process, which has various levels of escalation built in, he can then seek a review which will be conducted by my Department.

All jobseekers referred to Department’s activation services including those referred to the JobPath service are asked to complete an assessment of their work related skills and experience and agree a Personal Progression Plan (PPP) with their personal advisor. The PPP is an agreed set of actions between the client and the Employment Advisor; it includes the person’s two primary job goals but also includes additional skills and job aspirations for the purpose of supporting the Jobseeker to progress towards full-time sustainable employment.

In the case of the individual concerned, the PPP includes 7 additional skills and competencies in addition to the two job goals.

Jobseekers are asked to sign the PPP as an indication of their agreement to the activation measures contained in the PPP. As was stated during my Department’s recent appearance before the Joint Oireachtas Committee, Jobseekers are not obliged to sign a PPP, and a sanction will not be applied for refusing to sign a PPP. However, all Jobseekers are obliged under the legislation to be genuinely seeking work and to fully engage with the activation service provided by the Department. I am happy to confirm for the Deputy that no person is coerced into signing a “contract” with Seetec.

My Department has asked Seetec to review the issue of the recording of qualifications with the person concerned. However, I can confirm that the horticultural experience was noted on the person’s Personal Progression Plan.

Youth Unemployment Measures

Questions (1263)

Maurice Quinlivan

Question:

1263. Deputy Maurice Quinlivan asked the Minister for Employment Affairs and Social Protection the measures she plans to introduce to address the level of youth unemployment (details supplied); and if she will make a statement on the matter. [25550/18]

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Written answers

Government policy to reduce unemployment is twofold. First, through policies set out in the Action Plan for Jobs, to create an environment in which business can succeed and create jobs; and second, through Pathways to Work, to ensure that as many as possible of these new jobs and other vacancies that arise in our economy are filled by people taken from the Live Register, including young people.

Reflecting the impact of government policy, and the overall improvement in the labour market, youth unemployment continues to fall with a rate of 11.9% (32,300 persons) in May 2018 estimated by CSO, down from a peak rate of almost 32% in 2012. The actual number of young people unemployed is estimated to have peaked at 97,800 persons in late 2010. Youth unemployment figures can be expected to fall further this year in line with the continuing forecast fall in overall unemployment.

In early 2018, youth unemployment is already below the 12% target level set in Pathways to Work for 2020. Additionally, Eurostat figures indicate that the number of young people in full-time employment has grown from 197,000 in mid-2012 to 238,000 by Q.4 2017.

These trends indicate that together with improvements in the labour market and economic recovery, our approach to youth employment, which focuses in the first instance on enhancing processes and policies for assisting young unemployed people to find and secure sustainable jobs, has been relatively successful.

Under the Government’s policies to support the young unemployed, the first intervention is to provide case officer support to help newly unemployed young people find and secure sustainable jobs. There is monthly engagement with all young jobseekers by a case officer, and a Personal Progression Plan is developed to chart the steps to be taken to facilitate a return to employment, which may include further education and training or other opportunities.

For those who do not find employment, through the process just described, additional offers are provided for. Most such offers (over 70%) are in existing further education or training programmes. Others are in existing community-based employment programmes/workplace based interventions such as CE, Gateway and Tús and First Steps; or in subsidies to employers, through JobsPlus Youth. Long-term unemployed jobseekers under-25 are also referred to JobPath, a contracted, payment-by-results employment services that provides additional resources and supports to those long-term unemployed.

The strategy document Pathways to Work 2016 to 2020 includes some additional actions in relation to addressing youth unemployment:

1) increase the relative share of workplace-based interventions (Gateway, TÚS, Positive to Work etc.) for youth unemployed;

2) ensure the frequency of engagement with all young unemployed people is a minimum of one case officer meeting per month;

3) restructure the First Steps programme for young unemployed people to improve take-up by offering a higher level of support to jobseekers and employers

4) implement the Defence Forces Skills for Life employment support programme.

Each of these actions is either ongoing or has been completed.

I will shortly be introducing a new work experience programme targeted specifically at young jobseekers who are long-term unemployed or who face significant barriers to gaining employment. The new Youth Employment Support Scheme (YESS) will provide them with the opportunity to learn basic work and social skills in a supportive environment while on a work placement. Operational details are currently being finalised.

I am satisfied that the current policy approach will continue to address youth unemployment and support further improvements in the labour market situation for young people.

Departmental Budgets

Questions (1264)

Jonathan O'Brien

Question:

1264. Deputy Jonathan O'Brien asked the Minister for Employment Affairs and Social Protection her Department's capital allocation in each of the years 2019 to 2023; and the areas to which funds will be allocated in each of those years. [25570/18]

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Written answers

The Department’s capital allocation for the years 2019 to 2022 is outlined in the table below. However, this is subject to ongoing review in the context of the annual Estimates process. The 2023 capital allocation will be set out in the context of the 2019 Estimates.

The capital allocation will be split across three subheads i.e. A.2.v Office Equipment and External IT Services, A.2.vi Office Premises Expenses and A.2.ix eGovernment Related Projects. It is intended that the allocation will primarily assist the Department in delivering additional IT modernisation and allow for the significant refurbishment of the Department’s Áras Mhic Dhiarmada and other buildings in the coming years.

2019

2020

2021

2022

€14m

€15m

€16m

€17m

Unemployment Data

Questions (1265)

John Lahart

Question:

1265. Deputy John Lahart asked the Minister for Employment Affairs and Social Protection the rate of jobless households here; the way in which this compares to the EU average; and if she will make a statement on the matter. [25582/18]

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Written answers

According to the Eurostat Labour Force Survey, in 2017 there were 171.22 million households in the EU (excluding households composed solely of students or solely of inactive people aged 65 and over). Of these, some 28.18 million households (16.5% of the total) were jobless - that is, no adult in the household was working.

For Ireland, the total number of relevant households was 1,489,600, and of these some 234,100 (15.7% of the total) were jobless.

Although the figure for Ireland has fallen from a high of 23% in 2012 (when it was significantly above the EU average of 19%) as a result of the economic recovery, government remains concerned about aspects of household joblessness that go beyond the standard measures of unemployment and receipt of jobseekers’ payments. Relevant groups, not normally considered to be unemployed, include economically inactive lone parents, people with disabilities, and the adult dependants of unemployed people, all of whom might benefit from closer attachment to employment and the labour market. A range of policy reforms has been taken affecting these groups, and further reforms are being considered in consultation with representative bodies for those involved. These policy developments were set out in an Action Plan for Jobless Households, which was published by my department in September 2017.

State Pension (Contributory) Applications

Questions (1266)

Bernard Durkan

Question:

1266. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection when a person (details supplied) can receive the State pension (contributory) in view of his or her particular circumstances; and if she will make a statement on the matter. [25591/18]

View answer

Written answers

The person concerned applied for standard state pension (contributory) on 13 April 2018. According to the records of the Department, the person has a total of 317 full-rate paid social insurance contributions. As one of the qualifying conditions for state pension (contributory) requires a social insurance record of at least 520 full-rate paid contributions, the person concerned does not qualify and was informed in writing of this decision on 25 May 2018.

The person concerned was in receipt of illness benefit until their 66th birthday, as illness benefit is payable to age 66. If the person thinks they may have had an underlying entitlement to invalidity pension for part of the period during which they received illness benefit payments they should make a retrospective application for it. An application form has been sent to the person concerned. Recipients of invalidity pension immediately prior to their 66th birthday are entitled to transfer to state pension (contributory).

As the person concerned has reached age 66, they should apply for state pension (non- contributory) without delay. An application form has been sent directly to the person concerned for completion and should be returned to State pension (non-contributory) section, Social Services Office, College Road, Sligo F91 T384.

I hope this clarifies the matter for the Deputy.

Public Services Card Data

Questions (1267)

Aindrias Moynihan

Question:

1267. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection the procedure in place in order that a person that does not have a birth certificate or that may not have had his or her birth registered may apply for a public services card; and if she will make a statement on the matter. [25595/18]

View answer

Written answers

SAFE registration is about the verification of identity and the verification of the information that the Department already holds on its records, following which a Public Services Card may be issued.

Where a person presents for SAFE registration, their record is retrieved from the Department's systems using the name and date of birth. Following this, where the person claims to have been born in the State, their birth registration record is searched for on the General Register Office system.

It may occur that a person's record cannot be located there. There are several reasons why this may occur. For example, the birth may have been registered using slightly different details, the person may be adopted, or the birth may not have been registered at all.

In such cases, the person is asked to contact the relevant registrar and obtain a birth certificate.

Where a person can subsequently state that his/her birth was not registered, they should provide all documentation that they have in relation to their birth details and identity. Where a baptism certificate is available, this should be provided.

All information is then considered by the Department and a decision made as to whether the person’s identity and details may be verified.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits Data

Questions (1268)

Thomas P. Broughan

Question:

1268. Deputy Thomas P. Broughan asked the Minister for Employment Affairs and Social Protection the estimated cost of increasing the 85% Christmas bonus for social welfare recipients to 100%; and if she will make a statement on the matter. [25600/18]

View answer

Written answers

Last December, an 85% Bonus was paid to some 1.2 million long-term social welfare recipients, including pensioners, people with disabilities, carers, lone parents and the long-term unemployed, at a cost of €218.6 million.

The cost of a 100% Bonus is estimated at circa €257 million in 2018. As was the case in previous years where a Bonus was subsequently paid (2014 to 2017 inclusive), there is no provision in the 2018 Revised Estimates for the payment (at any rate) of a Christmas Bonus in 2018.

Any decision taken regarding the payment of a Bonus in 2018 will have to be consistent with the legal requirements set out in the Fiscal Responsibility Acts 2012 and 2013, and within the context of achieving the targets set for Ireland by the EU rules.

Social Insurance Data

Questions (1269, 1270, 1271)

Joan Burton

Question:

1269. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1998, 1999, 2000 and 2001 who had reckonable earnings for social insurance purposes within gross income groups (details supplied) based on P35 returns for 2017, in tabular form. [25635/18]

View answer

Joan Burton

Question:

1270. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1997, 1998, 1999 and 2000 who had reckonable earnings for social insurance purposes within gross income groups (details supplied) based on P35 returns for 2016, in tabular form. [25636/18]

View answer

Joan Burton

Question:

1271. Deputy Joan Burton asked the Minister for Employment Affairs and Social Protection the number of persons born in 1996, 1997, 1998 and 1999 who had reckonable earnings for social insurance purposes within gross income groups (details supplied) based on P35 returns for 2015, in tabular form. [25637/18]

View answer

Written answers

I propose to take Questions Nos. 1269 to 1271, inclusive, together.

The following tables show the number of persons who had reckonable earnings for Social insurance purposes only within the bands requested by the Deputy. Reckonable earnings generally refers to income derived from insurable employment (i.e. employment income) which is taxed under PAYE. Those paying PRSI on reckonable earnings are referred to as employed contributors. PRSI contributions paid on reckonable earnings are recorded under one of the employment Classes A, B, C, D, E, H and J. The Department does not hold information on gross income.

2015 Reckonable Earnings

.01-5,000

5,001-10,000

10,001-15,000

15,001-20,000

20,001 and higher

Year of Birth

People

N

N

N

N

N

1996

38,233

20,356

10,942

4,543

1,705

687

1997

27,508

19,787

5,756

1,389

406

170

1998

16,544

13,431

2,432

452

159

70

1999

7,244

6,205

826

131

54

28

Total

89,529

59,779

19,956

6,515

2,324

955

2016 Reckonable Earnings

.01-5,000

5,001-10,000

10,001-15,000

15,001-20,000

20,001 and higher

Year of Birth

People

N

N

N

N

N

1997

43,600

21,758

12,544

5,917

2,404

977

1998

31,818

22,519

6,691

1,773

595

240

1999

19,750

15,983

2,988

528

160

91

2000

8,319

7,150

927

172

48

22

Total

103,487

67,410

23,150

8,390

3,207

1,330

2017 Reckonable Earnings

.01-5,000

5,001-10,000

10,001-15,000

15,001-20,000

20,001 and higher

Year of Birth

People

N

N

N

N

N

1998

43,211

19,581

13,289

6,462

2,735

1,144

1999

29,888

20,074

7,134

1,893

541

246

2000

17,436

13,710

2,991

540

145

50

2001

7,877

6,799

859

153

51

15

Total

98,412

60,164

24,273

9,048

3,472

1,455

2017 figures are based on the most up to date information provided by the Office of the Revenue Commissioners.

Disability Allowance Data

Questions (1272)

Michael Healy-Rae

Question:

1272. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the reason an application for a carer to collect disability allowance on behalf of a person (details supplied) was refused; and if she will make a statement on the matter. [25687/18]

View answer

Written answers

Except in certain exceptional circumstances, disability allowance (DA) is not payable for any period in respect of which the claimant is resident outside of the State. In all circumstances, DA recipients must inform the Department that they are intending to leave the State.

For control reasons, the Department has decided that the person concerned is not authorised to appoint an agent on their DA as they have previously collected DA payments while not resident in the state.

I trust this clarifies the matter for the Deputy.

EU Data

Questions (1273)

Michael McGrath

Question:

1273. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the European Union, EU, fines paid in each of the years 2015 to 2017, in tabular form; and if she will make a statement on the matter. [25732/18]

View answer

Written answers

No fines were imposed by the EU nor have any EU fines been paid by Ireland in relation to the areas for which the Department of Employment Affairs and Social Protection has responsibility during the period from 2015 to 2017.

River Basin Management Plans

Questions (1274)

Charlie McConalogue

Question:

1274. Deputy Charlie McConalogue asked the Minister for Housing, Planning and Local Government the 190 priority catchments identified by the Environmental Protection Agency, EPA, in consultation with other Government agencies under the Sustainability Support and Advisory Programme to promote on-farm sustainability best practice to farmers in tabular form. [24273/18]

View answer

Written answers

The River Basin Management Plan for Ireland 2018-2021, which was published in April 2018, sets out the actions that Ireland will take to improve water quality and achieve ‘good’ ecological status in water bodies (rivers, lakes, estuaries and coastal waters) by 2027. Ireland is required to produce river basin management plans under the Water Framework Directive.

The River Basin Management Plan for Ireland 2018-2021, which was published in April 2018, sets out the actions that Ireland will take to improve water quality and achieve ‘good’ ecological status in water bodies (rivers, lakes, estuaries and coastal waters) by 2027. Ireland is required to produce river basin management plans under the Water Framework Directive.

During the development of this Plan, a prioritisation exercise was undertaken by the local authorities, the EPA and other stakeholders to identify those water bodies that require immediate action within this plan cycle to 2021. During this catchment characterisation, the EPA identified those water bodies adjudged to be either at risk of not achieving their objectives, or under review.

Led jointly by the EPA and the Local Authority Waters and Communities Office, a collaborative workshop process involving senior local authority personnel and all relevant stakeholders was set up to identify, at a regional level, those water bodies that should be prioritised for action during this planning cycle. This process was based on the priorities outlined in the Plan, on the evidence from the characterisation process and on the data and knowledge of public authority personnel. The outcome of this prioritisation process was the selection of 190 areas for action across our River Basin District. Within these 190 areas, a total of 726 water bodies were selected for initial actions during this RBMP cycle.

The actions involve multidisciplinary and cross-agency approaches. One such action is the creation of an Agricultural Sustainability Support and Advisory Programme. The Programme involves the provision of 30 new sustainability advisors who will work collaboratively with farmers in prioritised areas for action, providing advice and support which will enable them to contribute to the protection and enhancement of water quality.

Details of the 190 areas for action are set out in Appendix 2 of the River Basin Management Plan, and are also available on the catchments website at: https://www.catchments.ie/areas-for-action/.

Irish Water Data

Questions (1275)

Thomas P. Broughan

Question:

1275. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government if his Department has requested Irish Water to restart a water meter installation programme; and if he will make a statement on the matter. [24391/18]

View answer

Written answers

On 21 May 2018, I published the Water Services Policy Statement 2018-2025 following its approval by Government. The Policy Statement sets out a series of high-level policy objectives across the three thematic areas of Quality, Conservation, and Future Proofing, which must be pursued when planning capital investment and framing current spending plans. The Policy Statement is available on my Department's website at the following link:http://www.housing.gov.ie/sites/default/files/publications/files/water_services_policy_statement_2018-2025_0.pdf. The Policy Statement supports the promotion of water conservation and water resource management as an important element of water services policy that is to be reflected in strategic investment planning by Irish Water. For the period of the Policy Statement, this will involve the prioritisation of multifaceted programmes around leak detection and repair, network improvements, cost effective metering, public awareness campaigns and funding to fix customer side leaks.

This policy statement was informed by the 2017 Report of the Joint Oireachtas Committee on the Future Funding of Domestic Water Services which was approved by both Houses of the Oireachtas and which includes a number of recommendations in relation to the continued use of metering to support water conservation, to reduce leakages and to ensure compliance with the European Union Water Framework Directive, as opposed to for revenue raising purposes. The Water Services Policy Statement is consistent with this position.

Within 3 months of publication of the Water Services Policy Statement, Irish Water must prepare a Strategic Funding Plan setting out its proposals for operational and capital expenditure on all aspects of the development and delivery of public water services, including conservation and water resource management. Once finalised and approved by me as Minister, the Strategic Funding Plan will be laid before the Houses of the Oireachtas and will inform Irish Water’s submissions to the Commission for Regulation of Utilities which will consider the efficiency of investment proposals. Ultimately this will feed into annual Exchequer decisions on spending.

Local Authority Rates

Questions (1276)

Róisín Shortall

Question:

1276. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government the steps he is taking to help reduce the cost of local authority rates on businesses. [24442/18]

View answer

Written answers

Local 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 under the Valuation Acts 2001 to 2015. The Commissioner of Valuation has responsibility for valuation matters. The Annual Rate on Valuation (ARV), which is applied to the valuation of each property determined by the Valuation Office to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function.

Rates income is a very important contribution to the cost of services provided by local authorities such as roads, public lighting, development control, parks and open spaces. Locally elected members adopt the annual rate on valuation they consider necessary in order to provide the required services.

My Department has in recent years requested local authorities to exercise restraint in setting ARVs and they have responded positively in this regard. The national average ARV has not changed significantly in recent years. The national average ARV decreased slightly each year from 2010 to 2015 and has increased slightly each year from 2016 to 2018.

As provided for under section 66 of the Local Government Act 2001, local authorities may decide to offer assistance or money in kind in order to promote the interests of the local community, which includes, inter alia, the economic or general development of the administrative area (or part of it) of the local authority concerned. Also, local authorities work closely with ratepayers experiencing difficulty in the payment of commercial rates. In this regard, local authorities facilitate the payment of commercial rates by instalments, and work with businesses to put in place flexible payment options that reflect capacity to pay.

Furthermore, my Department has developed legislative proposals to modernise and consolidate the legislation governing commercial rates, and last year the Government approved the drafting of a Rates Bill. Among the measures included in the General Scheme of the Bill are provisions to allow a local authority to introduce rates alleviation schemes to support the implementation of policy objectives, including: local economic and community plans; objectives contained in Development Plans and Local Area Plans; and national planning policies. The Bill is currently with the Attorney General’s office for drafting, with a view to its introduction as soon as possible.

Referendum Data

Questions (1277)

Catherine Martin

Question:

1277. Deputy Catherine Martin asked the Minister for Housing, Planning and Local Government if there have been changes to the indicative timetable for the holding of referendums (details supplied) agreed on 26 September 2017. [24787/18]

View answer

Written answers

The Government announced on 26 September 2017 that it had agreed an indicative timetable for the holding of a number of referendums on proposals for amendments to the Constitution arising from the work of the Citizens’ Assembly and the Convention on the Constitution.

In this context, my Department will be responsible for bringing forward appropriate Constitution Amendment Bills on reducing the voting age to 16 and on extending the franchise at Presidential elections to Irish citizens resident outside the State. These referendums will address two of the recommendations of the Convention on the Constitution. Subject to the passage of the Constitution Amendment Bills by the Houses of the Oireachtas, it is proposed that these referendums will be held on the same day as the local and European elections which will take place in late May 2019.

The indicative timetable also included the holding of a plebiscite in October 2018 on directly elected executive mayors. The issues arising in that regard are currently under consideration.

Planning Issues

Questions (1278)

Jim O'Callaghan

Question:

1278. Deputy Jim O'Callaghan asked the Minister for Housing, Planning and Local Government if he can require those embarking on a de facto new build to contribute to a ring-fenced fund to repair damage to the roads caused by such construction; and if he will make a statement on the matter. [24296/18]

View answer

Written answers

Under sections 48 and 49 of the Planning and Development Act 2000, as amended, planning authorities may levy development contributions in respect of public infrastructure and facilities benefiting development in the area that is provided, or intended to be provided, by or on behalf of the local authority. Examples of such infrastructure and facilities include roads, footpaths, public lighting, open spaces etc. My role as Minister is to provide the necessary legislative and policy framework governing development contribution schemes which are operated by planning authorities.

The basis for the determination of a development contribution is set out in a development contribution scheme adopted by the elected members of a local authority, and planning authorities may make one or more schemes in respect of different parts of its functional area. In addition to the terms of the scheme, planning authorities may require the payment of a special contribution in respect of a particular development where specific exceptional costs not covered by a scheme are incurred by any local authority in respect of public infrastructure and facilities which benefit the proposed development. The adoption of these schemes is a reserved function of the locally elected members of each planning authority, and it is a matter for the members to determine the level of contribution and the types of development to which they will apply, and the expenditure of the contributions received within the confines of the scheme conditions.

Separately, section 34(1) of the Planning and Development Act 2000 provides that planning authorities may attach conditions to a grant of planning permission. Section 34(4) lists specific conditions that may be attached, but this is expressly without prejudice to the generality of the power to attach conditions set out in subsection (1).

The interpretation and application of the relevant legislation is a matter for planning authorities in the first instance, An Bord Pleanála on appeal, and ultimately the Courts. The decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority or An Bord Pleanála as appropriate and I have no role in relation to the matter. Any decision to attach a condition to a grant of permission requiring a contribution for the repair of any damage to the roads caused by such construction is similarly a matter for the relevant planning authority.

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