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Wednesday, 21 Nov 2018

Written Answers Nos. 260-267

Building Regulations

Questions (260)

Eoin Ó Broin

Question:

260. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if the technical specifications for the proposed new modular build hub clusters will not meet BCAR standards; the areas the technical specifications for these proposed modular build hubs will be allowed to deviate from building regulations and standards; and the rationale for these permissible deviations. [48644/18]

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Written answers

One of the measures my Department is implementing in response to the challenges in relation to homelessness is the introduction of additional family hubs to provide an appropriate form of emergency accommodation for families experiencing homelessness until they can be supported to exit to an independent tenancy.  As part of the delivery programme, a number of sites have been identified for the development of family hubs consisting of clusters of temporary modular homes, with on-site supports to be provided by the McVerry Trust.

The Housing Agency has published a tender for the supply and delivery of temporary modular homes in order to establish a framework that can be utilised by local authorities and Approved Housing Bodies. It is intended that the framework for these temporary modular homes will be established in December 2018.

Building regulations apply to all new buildings. The exemption for temporary dwellings in the Building Regulations (Class 10 in the Third Schedule of Building Regulations) is not seen to extend to the type of temporary homes envisaged under this programme and, as such, a dispensation or relaxation of the Building Regulations may be required. However, the specification set out in the request for tender represents the minimum standards in the temporary/portable home sector and is similar to British Standards and other industry standard requirements for the manufacture of such units. This is to ensure that good quality and safe accommodation will be provided, appropriate to the temporary nature of the units.

Housing Assistance Payment

Questions (261)

Clare Daly

Question:

261. Deputy Clare Daly asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the fact that a person (details supplied) returned a valid and complete HAP application to Sligo County Council in August 2018 and that the landlord has failed to complete and submit the HAP documentation to the council thereby precluding the payment of housing assistance payment; his plans to introduce legislation which will allow a housing authority to take legal action against a landlord who refuses or fails to complete HAP documentation; and if he will make a statement on the matter. [48647/18]

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Written answers

Under the Housing Assistant Payment (HAP) scheme, eligible households source their own accommodation in the private rented sector. The earliest date a HAP payment will be payable to a landlord is the date a complete and valid HAP application has been received by the local authority. Limerick City and County Council provide a highly effective transactional shared service for HAP on behalf of all local authorities. This HAP Shared Service Centre (SSC) manages all HAP-related rental transactions for the tenant, local authority and landlord. Once a HAP application has been received and confirmed as valid by the relevant local authority, it is then processed by the HAP SSC. On average, HAP applications are processed by the HAP Shared Service Centre within 1 working day of receipt. Any rental payment arising for a given month will then be made to a landlord on the last Wednesday of that month. 

A landlord or an agent acting on behalf of a landlord is not legally obliged to enter into a tenancy agreement with a HAP recipient. However, on 1 January 2016, the Equality (Miscellaneous Provisions) Act 2015 introduced “housing assistance” as a new discriminatory ground. This means that discrimination in the provision of accommodation or related service and amenities against people in receipt of rent supplement, HAP or other social welfare payments is prohibited. Further information is available at www.ihrec.ie/your-rights/i-have-an-issue-with-a-service/i-have-an-issue-about-accommodation/.

If a person feels that they have been discriminated against by a landlord or their agent, they can make a complaint under the Equal Status Acts to the Workplace Relations Commission; further information is available on the Commission's website, www.workplacerelations.ie. 

In relation to the case raised, the day-to-day operation of the HAP scheme is a matter for the relevant local authority and I am precluded by legislation from becoming involved in individual cases.

Local Authority Housing Provision

Questions (262)

Brendan Smith

Question:

262. Deputy Brendan Smith asked the Minister for Housing, Planning and Local Government if it is within the power of local authorities to purchase or source housing outside their own council areas, if local authorities are not engaged in sourcing accommodation outside their areas; and if he will make a statement on the matter. [48648/18]

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Written answers

In relation to the Deputy's query, local authorities continue to work closely together with a view to finding accommodation solutions for households. Section 109 of the Housing Act 1966 provides that a housing authority may perform any of its functions under that Act outside of its functional area.

Special Areas of Conservation

Questions (263)

Michael Healy-Rae

Question:

263. Deputy Michael Healy-Rae asked the Minister for Culture, Heritage and the Gaeltacht if she will address a matter (details supplied) regarding a bog in County Kerry; and if she will make a statement on the matter. [48465/18]

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Written answers

The National Raised Bog Special Areas of Conservation Management Plan 2017-2022, published in December 2017, sets out how the raised bog special areas of conservation are to be managed, conserved and restored and how the needs of turf cutters are to be addressed, including exploring the options in terms of certain provisions of article 6 of the EU Habitats Directive.

In certain areas where there is a difficulty in finding relocation solutions for turf cutters, my Department, in consultation with turf cutter interests and within the framework of the National Plan, is considering whether the provisions of article 6.3 of the Directive could be utilised to provide for domestic turf cutting within areas of a number of special areas of conservation. Under article 6.3 of the Directive consent could only be given to cut turf on a raised bog special area of conservation where it can be shown by rigorous scientific investigations that such cutting will not have an adverse effect on the (ecological) integrity of the site.

If it can be demonstrated that turf cutting within a proposed location in a special area of conservation would not impact on the integrity of a European site, the appropriate consent would then be required from the relevant public authority.

As set out in the National Plan and in my reply to Question No. 1216 of 6 November last, the site referred to in the Deputy's Question is one of the sites being examined as regards the potential for domestic turf cutting on the site in accordance with the provisions of the Directive. The initial phase of scientific investigations on the site, undertaken by contractors engaged by my Department, was completed in November 2017. These investigations illustrated that a further specialised examination of the bog was required because of the hydrological and topographic complexities of this particular site. The results of this examination, undertaken this year, mean that it has not been possible to rule out, beyond reasonable scientific doubt, the threat of peat failure (bog burst) if turf cutting resumes in the south of the bog, as required by article 6.3 of the Habitats Directive.

Consequently, a final phase of concentrated geophysical and hydrological investigations is scheduled to be carried out in early 2019 to assess the level of risk of peat failure in the proposed domestic turf cutting area in the south of the site.

Officials from my Department will keep the group, referred to in the Deputy's Question, informed of developments, when these investigations are completed and the results of same are made known to the Department.

National Orchestras

Questions (264, 265, 266)

Catherine Martin

Question:

264. Deputy Catherine Martin asked the Minister for Culture, Heritage and the Gaeltacht the progress that has been made on bringing the National Symphony Orchestra within the remit of the National Concert Hall as per the statement of 5 July 2018; the timeline for completion of this transition; and if she will make a statement on the matter. [48546/18]

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Catherine Martin

Question:

265. Deputy Catherine Martin asked the Minister for Culture, Heritage and the Gaeltacht if she has met with the musicians of the National Symphony Orchestra to discuss it coming under the aegis of the National Concert Hall; and if she will make a statement on the matter. [48547/18]

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Catherine Martin

Question:

266. Deputy Catherine Martin asked the Minister for Culture, Heritage and the Gaeltacht her plans to consult the musicians of the National Symphony Orchestra in relation to her announcement on 5 July 2018 that they would be brought under the aegis of the National Concert Hall; and if she will make a statement on the matter. [48548/18]

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Written answers

I propose to take Questions Nos. 264 to 266, inclusive, together.

Following the publication of the report by RTÉ that it commissioned from independent consultants Helen Boaden and Mediatique on the RTÉ Orchestras entitled RTÉ Orchestras Ensuring a Sustainable Future, the Government  agreed in principle that the RTÉ National Symphony Orchestra (RTÉ NSO) should come within the remit of the National Concert Hall (NCH). The Government  also authorised the initiation of discussions on the implementation of the recommendations of the report. 

The overall aim of the Government decision in relation to the proposed transfer of the RTÉ NSO is to enable the orchestra to be established as a world class orchestra which would, with the NCH, provide a creative and imaginative programme strategy that would greatly enhance the offering of the combined organisation to the public.

In addition, the Government’s Creative Ireland programme commits to a range of important initiatives to support culture and creativity in Ireland, and the Department's 10 year National Development Plan, envisages major capital investment in our National Cultural Institutions, including a major re-development of the National Concert Hall. The National Concert Hall since it opened its doors in 1981 has been the home of the National Symphony Orchestra which provides the backbone to the Hall’s orchestral music programme. There is now an opportunity for the NSO to play an even stronger role as part of these wider developments and this should greatly enhance the offering of both organisations to the public.

An Oversight Group has been established with formal terms of reference, with a view to identifying and addressing the relevant issues to enable the successful transfer of the NSO from the remit of RTÉ to the remit of the NCH. The group has already met on two occasions.  The group has agreed that a specific Engagement & Communication process will be put in place to provide relevant, timely information and engagement opportunities for all key stakeholders including the members of the NSO, in advance of and during this transition from RTE to NCH. 

In addition, a Working Group, as a subset of the oversight group, has been tasked with examining the detailed issues involved in the proposed transfer of the orchestra.

At this point, it is considered that 2020 would be the earliest date for the completion of the proposed transfer.

My Department welcomes the opportunity to work with all stakeholders including the members of the  RTÉ NSO to ensure that it can contribute to Ireland’s rich cultural heritage to the fullest extent possible.

Seirbhísí Iompair

Questions (267)

Éamon Ó Cuív

Question:

267. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Cultúir, Oidhreachta agus Gaeltachta cad iad na céimeanna atá glactha aici le cinntiú go mbeidh seirbhís aeir go hÁrainn ann ó mhí na Nollag ar aghaidh; agus an ndéanfaidh sé ráiteas ina thaobh. [48649/18]

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Written answers

Mar is eol don Teachta, ta cinneadh tógtha ag an gcomhlacht GASL (ag trádáil mar Aer Árann) tarraingt amach as an dá chonradh atá aige a) chun seirbhís aeir a chur ar fáil do na hOileáin Árann agus b) chun an t-aerstraise ag Na Mine atá in úinéireacht phríobhaideach an chomhlachta a chur ar fáil don Stát ar mhaithe leis na seirbhísí aeir sin a sholáthar.  Tiocfaidh éifeacht leis an dá chinneadh seo ar 6 Nollaig 2018.

Le dul i ngleic leis seo, tá mo Roinn ag tógáil céimeanna chun a chinnitiú go mbeidh aerfort ar an mórthír ar fáil le seirbhísí a reáchtáil as agus chun a chinntiú go mbeidh seirbhís aeir ar fáil tar éis 6 Nollaig 2018.  Chuige sin, tá teagmháil ag leibhéil dlíodóra ag leanúint idir mo Roinn agus GASL.  Taobh leis sin, tá mo Roinn tar éis tús a chur le socruithe a dhéanamh chun go mbeidh seirbhís gearrthéarmach á reáchtáil as Aerfort na Sionainne mura mbeidh Aerfort na Mine ar fail di.  Tá comhlacht comhairleoirí fostaithe ag mo Roinn chun próiseas tairisceana a láimhseáil do chonradh gearrthéarmach.  

Is féidir liom a dheimhniú go bhfuil mo Roinn sásta dul isteach i gcomhráití le GASL maidir le hAerfort na Mine a cheannach ach an bagairt atá déanta ag an gcomhlacht maidir le deireadh a chur leis an dá chonradh a bheith tarraingte siar.

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