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Tuesday, 25 Sep 2018

Written Answers Nos. 523-538

Fire Safety

Questions (523)

Fiona O'Loughlin

Question:

523. Deputy Fiona O'Loughlin asked the Minister for Housing, Planning and Local Government the status of actions taken further to the publication of a report into fire damage at an estate (details supplied) in County Kildare; and if he will make a statement on the matter. [38396/18]

View answer

Written answers

In July 2015, a review was undertaken by an independent fire expert to develop a framework for general application, in the interest of supporting owners and residents living in developments where concerns regarding non-compliance with fire safety requirements arise. This review included a case study at the estate referred to by the Deputy.

This review was completed and the 'Framework for Enhancing Fire Safety in dwellings where concerns arise', was published on 25 August 2017. Based on the legal advice received it was not possible to publish the Case Study.

The Framework contains the following:

- an explanation of the statutory provisions in respect of fire safety, namely the Building Control Acts 1990 to 2014 and the Fire Services Acts 1981 & 2003, and the respective responsibilities of owners, designers, builders, occupants, local authorities;

- a range of actions that may reduce risk and improve the level of fire safety where deficiencies arise in dwelling houses, apartments and/or the common areas of apartment buildings; and

- a fire risk assessment methodology for professional advisors to prioritise the remedial actions, if any, that may need to be carried out on a dwelling.

The Framework is intended to be used as a guide by the owners and occupants of dwellings where fire safety deficiencies have been identified, or are a cause for concern. In addition to owners and occupants, the Framework will also be of assistance to professional advisors both in developing strategies to improve fire safety and in developing strategies to enable the continued occupation in advance of undertaking the necessary works to ensure compliance with the relevant Building Regulations.

The framework is available on my Department's website at the following link:

http://www.housing.gov.ie/sites/default/files/publications/files/framework_for_enhancing_fire_safety_in_dwellings.pdf.

Additionally, in the aftermath of the Grenfell Tower tragedy in June 2017, and in recognition of fears expressed for fire safety, I asked my Department's National Directorate for Fire and Emergency Management to convene and coordinate a Task Force to lead a re-appraisal of our approach to fire safety in Ireland. The work of the Task Force has now been completed and its findings are reflected in “Fire Safety in Ireland: Report of the Fire Safety Task Force”, which is available on the Department's website at the following link:

https://www.housing.gov.ie/sites/default/files/publications/files/fire_safety_in_ireland_-_report_summary_of_conclusions_and_recommendations.pdf.

Rent Controls

Questions (524)

Peadar Tóibín

Question:

524. Deputy Peadar Tóibín asked the Minister for Housing, Planning and Local Government his views on whether rent in towns in west County Meath are too high; when rent caps will be imposed in these towns; and the reason it has not been done to date. [38427/18]

View answer

Written answers

Section 24A of the Residential Tenancies Acts 2004, as amended, provides that the Housing Agency, in consultation with housing authorities, may make a proposal to the Minister that an area should be considered as a Rent Pressure Zone. Following receipt of such a proposal, the Minister requests the Director of the Residential Tenancies Board (RTB) to conduct an assessment of the area to establish whether or not it meets the criteria for designation and to report to the Minister on whether the area should be designated as a Rent Pressure Zone. For the purpose of the Act, ‘area’ is defined as either the administrative area of a housing authority or a local electoral area within the meaning of section 2 of the Local Government Act 2001. There is no provision for any other type of area to be designated as a Rent Pressure Zone.

For an area to be designated as a Rent Pressure Zone, it must satisfy the following criteria set out in section 24A(4) of the Residential Tenancies Act 2004 (as inserted by section 36 of the Planning and Development (Housing) and Residential Tenancies Act 2016):

(i) The annual rate of rent inflation in the area must have been 7% or more in four of the last six quarters; and

(ii) The average rent for tenancies registered in the area with the RTB in the last quarter must be above the average national rent (the National Standardised Rent in the RTB’s Rent Index Report) in the last quarter (€1,060 per month in Q1 2018).

The RTB Rent Index Report also includes a summary of the data used as the criteria for designating Rent Pressure Zones in relation to all Local Electoral Areas in the country. This allows everyone to see exactly where their area stands in relation to average rent levels and increases and possible designation.

Further information on Rent Pressure Zones and designations is available on my Department’s website at https://www.housing.gov.ie/PUBLICATIONS by searching ‘rent pressure zones – information’ in the "Housing Publications" section.

There are 6 local electoral areas in County Meath - Kells, Navan, Trim, Ratoath, Ashbourne, and Laytown-Bettystown. Three of these in the East of the County - Ratoath, Ashbourne and Laytown-Bettystown - were designated as Rent Pressure Zones in January 2017.

The data from the Rent Index Report for Q1 2018 relating to the 3 local electoral areas in County Meath which have not been designated as Rent Pressure Zones is detailed in the following table:

Local Electoral Area

Quarters 7%

Average 2018 Q1 (€)

Kells

2

794.35

Navan

5

978.63

Trim

4

989.83

In each of the three County Meath Electoral Areas which have not been designated as RPZs, the average monthly rent is below the national standardised rent of €1,060 per month. Therefore, none of these Local Electoral Areas meet the criteria for designation at present.

The Housing Agency continues to monitor the rental market and may recommend further areas for designation. Where, following the procedures set out in the Act, it is found at a future date that additional areas meet the criteria, they will be designated as Rent Pressure Zones.

Housing Adaptation Grant Expenditure

Questions (525)

Caoimhghín Ó Caoláin

Question:

525. Deputy Caoimhghín Ó Caoláin asked the Minister for Housing, Planning and Local Government the budget spent, unspent and or allocated to date in 2018 for housing adaptations for older persons and persons with a disability living in private houses by county, in tabular form. [38436/18]

View answer

Written answers

My Department provides funding under the suite of Housing Adaptation Grant Schemes for Older People and People with a Disability, in respect of private housing. The schemes are 80% funded by my Department, with a 20% contribution from the local authorities.

For 2018, the financial provision for the Schemes is €66.25 million, comprising €53 million exchequer funding and €13.25 million from local authority resources, an increase of some 11% on 2017. Funding for these schemes has been increasing year on year since 2014 and 9,080 households benefitted in 2017, with 10,000 expected to benefit in 2018.

Over the course of the year, my Department works closely with the local authorities to monitor spend and to achieve a full drawdown of the available funding. This allows any underspends to be redistributed to local authorities with high levels of grant activity who seek additional funding.

The following table contains details of the 2018 allocations and expenditure to date for each local authority:

Local Authority

Full 2018 Allocation

Expenditure to Date

Carlow

€1,559,146

€1,085,641

Cavan

€1,457,964

€1,043,593

Clare

€2,141,596

€1,473,340

Cork County

€5,617,405

€2,272,979

Cork City

€1,752,056

€703,525

Donegal

€1,186,107

€541,135

Dublin City

€7,526,784

€6,289,785

DLaoire/Rathdown

€2,043,336

€509,983

Fingal

€2,976,232

€1,311,665

Galway County

€2,358,810

€1,100,150

Galway City

€1,100,374

€976,894

Kerry

€2,312,004

€1,443,302

Kildare

€3,012,220

€1,369,559

Kilkenny

€1,869,630

€753,571

Laois

€1,110,130

€321,080

Leitrim

€489,993

€99,368

Limerick

€3,243,814

€1,549,251

Longford

€794,920

€682,810

Louth

€1,498,067

€632,839

Mayo

€3,111,216

€1,019,590

Meath

€2,035,699

€1,330,238

Monaghan

€1,237,425

€1,261,206

Offaly

€1,203,009

€498,279

Roscommon

€1,039,559

€243,676

Sligo

€1,367,534

€1,149,274

South Dublin

€2,168,650

€956,569

Tipperary

€3,130,163

€2,244,163

Waterford

€1,957,519

€684,423

Westmeath

€1,247,360

€725,310

Wexford

€2,165,026

€1,457,641

Wicklow

€1,536,252

€203,210

Local Authority Members' Remit

Questions (526)

Tony McLoughlin

Question:

526. Deputy Tony McLoughlin asked the Minister for Housing, Planning and Local Government the status of the review of the role of elected members of local authorities; when the report will be published; and if he will make a statement on the matter. [38464/18]

View answer

Written answers

On 21 June 2018 I announced that I was commissioning a review of the role of elected members of local authorities. I appointed Ms. Sara Moorhead SC to conduct this review, which is being informed by input from my Department as well as the Department of Public Expenditure and Reform.

The review is now underway. Ms. Moorhead has held a number of meetings with both Departments as well as councillors' representative organisations. My Department has also received submissions for consideration from key stakeholders and will shortly be undertaking wider consultation with local authorities as well as individual councillors.

The review is due to produce an interim report within five months of the commencement of its work, with the timing of a final report to be considered thereafter. When the review is completed, its findings will be the subject of discussion between both Departments. It will be submitted thereafter for the consideration of the Government and published in due course.

Departmental Expenditure

Questions (527)

Róisín Shortall

Question:

527. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government the expenditure savings that are earmarked for his Department for 2019 that are not accounted for in the mid-year expenditure report or are not included in the fiscal space calculations for 2019. [38489/18]

View answer

Written answers

The Mid-Year Expenditure Report 2018, published by the Department of Public Expenditure and Reform last July, sets out expenditure ceilings in respect of my Department in 2019, including an increase of €402 million in capital expenditure over 2018. The figures set out in the Report do not include expenditure savings targets specifically earmarked for my Department. The specific capital and current allocations for my Department's programmes next year will be decided in the context of Budget 2019.

Housing Assistance Payment

Questions (528)

Peadar Tóibín

Question:

528. Deputy Peadar Tóibín asked the Minister for Housing, Planning and Local Government his plans to increase housing assistance payment, HAP, rates for single persons in County Meath to assist in meeting the new market realities; and if so, when the increase will be made to same. [38503/18]

View answer

Written answers

Under the Housing Assistance Payment (HAP), a tenant sources their own accommodation. The tenancy agreement is between the tenant and the landlord and is covered by the Residential Tenancies Act 2004 (as amended). The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on the household size and the rental market within that area.

Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit in circumstances where it is necessary, because of local rental market conditions, to secure appropriate accommodation for a household that requires it. It is a matter for the local authority to determine if the application of the flexibility is warranted on a case by case basis.

My Department is aware that some HAP recipients are making payments directly to their landlords, beyond the amount of HAP being paid on their behalf. There is no legislative provision precluding HAP supported households contributing towards the monthly rent to their landlord. Local Authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet the rental costs being sought.

At the end of Q2 2018, 21.3% of the total number of households being supported by HAP were benefitting from the additional flexibility (excluding those households accommodated through the homeless HAP arrangements in Dublin). In those cases, the average rate of discretionary payment being used was 15.7% above rent limits provided. In the Meath County Council area, at the end of Q2 2018, 46.6% of households had benefitted from additional discretion with the average rate being 14.4% above the relevant rent limits.

The data available to my Department indicates that the current rent limits and the flexibility to exceed those rent limits provide local authorities with sufficient capacity to assist households in securing rented accommodation that meets their needs.

Increasing the HAP rent limits in particular local authority areas could have further inflationary effects, leading to a detrimental impact on the wider rental market, including for those households who are not receiving HAP support.

My Department closely monitors the level of discretion being used by local authorities, taking into consideration other sources of data, including Residential Tenancies Board (RTB) rent data published on a quarterly basis. I am satisfied that the maximum rent limits, together with the additional flexibility available to local authorities, are generally sufficient to support the effective operation of the HAP scheme. However, I will continue to keep the matter under review.

Capital Assistance Scheme

Questions (529, 544)

Niall Collins

Question:

529. Deputy Niall Collins asked the Minister for Housing, Planning and Local Government if his attention has been drawn to a delay in a housing project (details supplied); if the project will be expedited; and if he will make a statement on the matter. [38512/18]

View answer

Jan O'Sullivan

Question:

544. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the reason a project (details supplied) has been delayed in view of the fact that funding has been approved, a design team is in place and the housing association concerned has a track record of delivering in the area concerned; and if he will make a statement on the matter. [38827/18]

View answer

Written answers

I propose to take Questions Nos. 529 and 544 together.

While this project is being developed by an approved housing body (AHB), its approval is a matter for Limerick City and County Council, in line with the arrangements under the Capital Assistance Scheme. At the request of the Council, my Department issued initial project approval in February 2017 for this project, involving the construction of 10 units of accommodation. This approval was subject to the project being advanced to the satisfaction of the Council.

I understand that the Council is working with the AHB on the design of the scheme and, at this stage, my Department is awaiting more detailed project plans. I am keen to see this and other such projects brought forward with completed designs as soon as possible and, accordingly, all parties should work to agree a design approach at the earliest possible opportunity.

European Court of Justice Rulings

Questions (530)

Jack Chambers

Question:

530. Deputy Jack Chambers asked the Minister for Housing, Planning and Local Government the status of the working group established to examine the judgment of the European Court of Justice regarding the construction of one-off houses also known as the Flemish Decree; the reason the deadline for this group to report back has been missed by almost a year; when the group will report back; and if he will make a statement on the matter. [38538/18]

View answer

Written answers

Following engagement between the European Commission and my Department regarding the 2013 European Court of Justice ruling in the "Flemish Decree" case, a working group, comprising senior representatives from my Department and planning authorities, was established in May 2017 to review and, where necessary, recommend changes to the 2005 Planning Guidelines on Sustainable Rural Housing, issued under section 28 of the Planning and Development Act 2000, as amended. The objective is to ensure that rural housing policies and objectives contained in local authority development plans comply with the relevant provisions of the Treaty on the Functioning of the European Union.

The Working Group has concluded its deliberations and, taking account of the Group's analysis and recommended outcome, my Department has been engaging with the Commission on the matter, with a view to issuing revisions to the 2005 Guidelines that take account of the relevant ECJ judgment to planning authorities by the end of this year.

Social and Affordable Housing

Questions (531)

Alan Kelly

Question:

531. Deputy Alan Kelly asked the Minister for Housing, Planning and Local Government if any local authority in 2016, 2017 or to date in 2018 sought a derogation from applying the 10% social housing levy within their administrative areas; if so, the name of the authority, the development in question and the compensation received; and if he will make a statement on the matter. [38553/18]

View answer

Written answers

I am not aware of any local authority seeking such a derogation and I as Minister have no power, under Part V of the Planning and Development Act 2000, as amended, to give such a derogation.

Part V provides (section 94) that a planning authority’s housing strategy shall provide that as a general policy a specified percentage, not being more than 10 per cent, of the land zoned for residential use, or for a mixture of residential and other uses, shall be reserved for the provision of housing for the purposes of social or affordable housing (planning authorities have been informed by my Department, however, that they should seek to focus on social housing under Part V agreements).

It also provides (section 95) that a planning authority must include objectives in the development plan in order to secure the implementation of the housing strategy, including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of social and affordable housing.

Section 95(1)(d) however provides that in order to counteract undue segregation in housing between persons of different social backgrounds, the planning authority may indicate in respect of any particular area referred zoned solely for residential use or, for a mixture of residential and other uses, that there is no requirement for social or affordable housing in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required.

Irish Water Staff

Questions (532)

Jackie Cahill

Question:

532. Deputy Jackie Cahill asked the Minister for Housing, Planning and Local Government his plans for the redeployment of staff who work in the water services section of a local authority, now that Irish Water has taken full responsibility for the provision and administration of all matters in relation to the provision of commercial and domestic water; his further plans to redeploy some staff within the public sector to Irish Water; the estimated impact this will have on the individual staff members' terms and conditions of employment; and if he will make a statement on the matter. [38617/18]

View answer

Written answers

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Irish Water has entered into service level agreements (SLAs) with each local authority for the provision of water services. Staff members working under these arrangements remain local authority employees while continuing to perform key water services functions with local authorities acting as agents of Irish Water. Staffing arrangements are an operational matter for Irish Water and local authorities within the context of the SLA arrangements currently in place.

In January 2018, I requested that a process of engagement be undertaken involving Ervia / Irish Water, the County and City Management Association and the Irish Congress of Trade Unions to address proposals for a transformation process leading towards Irish Water integrating its operations to become the single public water services authority. This followed from a process of consideration by Ervia where it examined the options to meet its regulatory and business plan targets and concluded that the public water system would benefit from greater integration of operations into a single utility. Following this consideration, my Department was informed that the Ervia Board had decided in principle not to renew the SLAs with local authorities beyond 2025 when they are due to expire, and that it would work with local authorities and unions to move to the integrated model within the life of the current Business Plan which runs to 2021. The Government noted this position in September 2017.

I have met will all of the parties involved and requested that they would participate in dialogue with each other. This is on the understanding that the current SLAs between Irish Water and local authorities will remain in place until an alternative is agreed. It is also on the understanding that no compulsory redundancies would arise as an outcome from the transformation process. Furthermore, the Water Services (No.2) Act 2013 provides a mechanism for dealing with the transfer of staff in situations where Service Level Agreements come to an end. This provides for the protection of terms and conditions and superannuation benefits of staff in such circumstances.

In May 2018 I asked the Director General of the Workplace Relations Commission to undertake an exercise with the parties and to report to me on the key issues of concern arising. I received this report on 19 September 2018. A copy of the report is available on the website of the WRC at the following weblink: www.workplacerelations.ie/en/news-media/Workplace_Relations_Notices/WRC_Report_on_issues_relating_to_the_transformation_programme_for_Irish_Water_presented_to_Mr_Eoghan_Murphy_T_D_Minister_for_Housing_Planning_and_Local_Government_on_19th_September_2018_.html.

I will now reflect on the Report and consider the next steps to be taken, taking account of the fact that water services are essential to the daily lives of our citizens and to our economy and the consequent need to ensure that the best and most appropriate arrangements possible are in place for the delivery of these vital services.

Local Government Reform

Questions (533)

Jan O'Sullivan

Question:

533. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government if the procedure will be put in place to designate Drogheda as a city in view of the fact that it meets the EU criteria for city status and in further view of the fact that its location, population and strategic importance make it suitable to the role of regional capital of the north east; and if he will make a statement on the matter. [38630/18]

View answer

Written answers

Local government areas are specified in primary legislation. The Local Government Act 2001 (as amended) currently provides for 3 cities, Cork, Dublin and Galway, and for each of these to have a city council.

If an additional city council were to be established, this would have significant implications for the county in which the area concerned is situated, particularly loss of functions of the relevant county council. Provision for this and in relation to other consequential matters would have to be made in the relevant legislation. I have no plans for legislation in this regard.

Constitutional Amendments

Questions (534)

Eoin Ó Broin

Question:

534. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the timetable for the holding of referendums agreed on 26 September 2017 relating to voting at 16 and extending the franchise at presidential elections; and if he will make a statement on the matter. [38634/18]

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. Work is being progressed in my Department to inform the development of the appropriate Constitution Amendment Bills.

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.

Social and Affordable Housing Provision

Questions (535)

Richard Boyd Barrett

Question:

535. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government the process involved in releasing funds and agreeing the proposal for 100% social and affordable housing on the Shanganagh Castle site in Shankill, County Dublin; the way in which the promised announcement of an affordable housing scheme relates to same; and if he will make a statement on the matter. [38639/18]

View answer

Written answers

The development of major local authority residential sites in Dublin, where undersupply and affordability issues are being experienced most acutely, is a major priority for the Government. We are working with all Dublin local authorities, including Dún Laoghaire-Rathdown County Council (DLRCC), to see their sites brought forward as quickly as possible, with the optimum tenure mix and ensuring the greatest value for money for the taxpayer. It is, of course, in the first instance, a matter for the local authority and its elected members to agree the optimal approach to development and financing.

Shanganagh Castle is an excellent site, close to amenities and public transport and it is very positive that the Dún Laoghaire-Rathdown Council Members have come together, on a cross-party basis, with a view to achieving the optimal housing outcome for this site which can deliver over 500 new homes on a mixed-tenure basis.

In terms of affordable housing for purchase, it can be pursued in accordance with the provisions of Part V of the Housing Miscellaneous Provisions Act 2009, which are now commenced. Affordable housing for rental can be pursued under the cost rental option being piloted on two sites in DLRCC and Dublin City Council. Significant modelling of these approaches have been carried out by the National Development Finance Agency (NDFA), working with local authorities and my Department. In addition, my Department has engaged extensively with the European Investment Bank (EIB) with regard to exploring financing options and also leveraging the Bank's vast experience and knowledge in developing and supporting public housing projects in other Member States. Local authorities have also engaged directly with the EIB for the same purpose.

I understand that DLRCC is currently working with the NDFA to financially model and compare the optimal development approaches for the Shanganagh Castle site. I look forward to receipt of a report from the Council, once this work has been finalised. For my part, I have made it clear that direct Exchequer funding will be provided for any social housing element of this mixed-tenure development.

To further support the delivery of affordable housing on such local authority sites, additional funding is being provided for enabling infrastructure via the Serviced Sites Fund. When local authority co-funding is included, an overall minimum investment of €100 million will be provided over the next four years to those sites that require infrastructural investment in order for them to be brought into use for affordable housing. At this point, applications for funding under the Serviced Sites Fund have been received in my Department and are currently being assessed. While the Shanganagh site was not included by DLRCC at this time, it may feature in a submission under a future call for proposals, once the infrastructural master-plan is available.

Finally, Woodbrook-Shanganagh is also a designated ‘major urban housing development site’. In recognition of this, I am keen to support its development and have committed funding of just over €4m under the Local Infrastructure Housing Activation Fund to build public infrastructure which will open up the site for early development.

My Department and I will continue to work with Dún Laoghaire-Rathdown County Council on the development of this mixed-tenure housing project at Shanganagh Castle, to help ensure the optimal delivery outcome.

Local Authority Housing Data

Questions (536)

Richard Boyd Barrett

Question:

536. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government the number of proposals for social housing from local authorities being processed by his Department by local authority, date of receipt of proposal, stage the proposal is at and expected date of sign-off; and if he will make a statement on the matter. [38640/18]

View answer

Written answers

The number of proposals for social housing from local authorities approved and being processed by my Department is set out in the Social Housing Construction Status Report, which is published on a quarterly basis. The report covering the period up to end Quarter 1 2018 is available on the Rebuilding Ireland website at the following link:

http://rebuildingireland.ie/news/minister-murphy-publishes-social-housing-construction-status-report-q1-2018/

and provides project details of the social housing construction pipeline in place at that time for all local authorities, including those being delivered in partnership with approved housing bodies.

The report reflects an increase in the scale of the social housing build programme, with 930 schemes (or phases of schemes) in place, delivering 14,813 homes. Of this total, 2,964 units have already been delivered during 2016, 2017 and Q1 2018; a further 3,932 are on site and under construction, almost 2,000 more are at the final pre-construction stage and the remainder are progressing through the various stages of planning, design and procurement.

The timing, delivery and tenanting of these schemes is a matter in the first place for each local authority. I am pleased to see the continued progress with new projects, building on what has been already delivered. I am keen, however, that all local authorities further accelerate their programmes and I have assured them that the necessary funding to support their activity is available.

Tenant Purchase Scheme Review

Questions (537)

Charlie McConalogue

Question:

537. Deputy Charlie McConalogue asked the Minister for Housing, Planning and Local Government when he will finalise a report on the review of the tenant purchase scheme (details supplied); and if he will make a statement on the matter. [38661/18]

View answer

Written answers

The position as outlined in the details supplied remains the current position. However, I expect to be in a position in the very near future to publish the outcome of the review.

Proposed Legislation

Questions (538)

Thomas P. Broughan

Question:

538. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government his plans to update the Fire Services Act 1981; and if he will make a statement on the matter. [38663/18]

View answer

Written answers

The Fire Services Act 1981 provides for the establishment of fire authorities and the organisation of fire services and for life safety, fire fighting, the protection and rescue of persons and property and related matters. The Act was amended in 2003 by the Licensing of Indoor Events Act 2003, primarily to strengthen the powers of fire authorities to prosecute summary offences and to update provisions in relation to penalties and service of notices.

The Fire Services Acts 1981 and 2003 are generally considered fit for purpose. However, the Report of the Fire Safety Task Force, established in the aftermath of the Grenfell Tower tragedy and overseen by my Department’s National Directorate for Fire and Emergency Management, makes a number of recommendations for enhancing the current fire safety system.

The statutory responsibilities of the “person having control” of premises, as set out in section 18 of the Fire Services Act 1981, emerged as a key area of focus for the Task Force and it proposes a number of amendments to the current regulatory system in order to enhance and ensure fire safety in certain categories of buildings, in particular in certain forms of residential/sleeping accommodation identified as a priority area for fire safety efforts. The legislative amendments proposed by the Task Force seek to clarify and simplify the statutory obligations imposed on the ‘person having control’ as well as introducing a number of new reporting mechanisms through which the fire safety arrangements in place in premises and sleeping accommodation are brought to the attention of the public. To ensure that “persons having control” of premises take action to fulfil their statutory obligations, the Task Force recommends also that a revised focus on enforcement be put in place in parallel to eliminate any disregard for fire safety considerations.

I have accepted the Task Force’s recommendations and have requested the Management Board of the National Directorate for Fire and Emergency Management to carry through the recommendations of the report within my direct ambit and to oversee and report on the implementation of other recommendations.

Copies of both the Report and the Summary of Conclusions and Recommendations are available on my Department’s website at the following links:

Fire Safety Task Force Report:

http://www.housing.gov.ie/sites/default/files/publications/files/fire_safety_in_ireland_-_report_of_the_fire_safety_task_force.pdf.

Summary of Conclusions and Recommendations:

http://www.housing.gov.ie/sites/default/files/publications/files/fire_safety_in_ireland_-_report_summary_of_conclusions_and_recommendations.pdf.

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