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Tuesday, 29 Jan 2019

Written Answers Nos. 602-619

Fire Safety

Questions (602)

Thomas P. Broughan

Question:

602. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government the outstanding fire safety works being completed at residential complexes nationally; the status of the remedial works; his views on whether there are fire safety concerns for units; if so, the timeframe for making these buildings fire safe; his plans for further legislation or a commission of investigation in respect of dangerous buildings built by developers in the Celtic tiger era; and if he will make a statement on the matter. [3902/19]

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Written answers

In the first instance, I would like to acknowledge the stressful circumstances which the owners and residents of buildings face when defects occur in their homes.

However, in general, building defects are matters for resolution between the contracting parties involved: the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme. It is important to note that while my Department has overall responsibility for establishing and maintaining an effective regulatory framework for building standards and building control, it has no general statutory role in resolving defects in privately owned buildings, including dwellings, nor does it have a budget for such matters. Accordingly, detailed information in relation to individual residential complexes is not available in my Department.

The aim of the building regulations is to provide for the safety and welfare of people in and about buildings. The building regulations apply to the design and construction of a building or to an extension or material alteration of a building - these regulations are kept under constant review and they set out the minimum performance requirements that a building must achieve. These requirements are set out in 12 parts classified as Parts A to M.

Technical Guidance Documents, TGDs, provide technical guidance on how to comply with the building regulations in practical terms. TGD B contains guidance, compliance with which will, prima facie, indicate compliance with Part B. The building regulations are subject to ongoing review in the interests of safety and the well-being of persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation.

Work has been ongoing to review TGD B – Fire Safety (2006), and a new Part B/ TGD B Volume 2 (2017) came into force on 1 July 2017. Volume 2 applies to dwelling houses only. Important revisions in the TGD B Volume 2 include enhanced provision for fire detection and alarm systems in dwelling houses, guidance on fire safety in community dwelling houses, guidance on timber frame construction, including new provisions in respect of timber frame party walls, enhanced provisions in respect of loft conversions, new provisions for galleries in dwelling houses and other general updates. A revised Volume 1, dealing with buildings other than dwellings, is being prepared for public consultation.

In the aftermath of the Grenfell Tower tragedy in June 2017, and in recognition of fears expressed for fire safety, my Department's National Directorate for Fire and Emergency Management was asked to convene a taskforce to lead a re-appraisal of our approach to fire safety in Ireland. In its report, the taskforce acknowledges the importance of fire safety in apartment buildings and makes a number of recommendations in this regard, and I have tasked the Directorate's Management Board with implementation of the recommendations within its remit and oversight of the implementation of other recommendations. The taskforce report is available on my Department's website at the following link:

The Task Force Report

Additionally, in response to the building failures that have emerged over the last decade, my Department has advanced a robust and focused Building Control Reform Agenda, including:

- Amendments to the Building Control Regulations;

- Establishment of a shared services National Building Control Management Project; and

- The ongoing development of new legislation through the Building Control (Construction Industry Register Ireland) Bill.

These reforms have already brought, and will continue to bring, a new order and discipline to bear on construction projects, creating an enhanced culture of compliance with the Building Regulations.

Commencement of Legislation

Questions (603)

Bernard Durkan

Question:

603. Deputy Bernard J. Durkan asked the Minister for Housing, Planning and Local Government the reason section 20 of the Housing (Miscellaneous Provisions) Act 2014 has yet to be commenced; his plans to commence the section; the timelines involved; and if he will make a statement on the matter. [3912/19]

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Written answers

Section 29 of the Housing (Miscellaneous Provisions) Act 2009 provides for housing authorities to have a written tenancy agreement with their social housing tenants, one which complies with the requirements of Schedule 3 of the Act. Section 20 of the Housing (Miscellaneous Provisions) Act 2014 inserts a new section 29A into the 2009 Act, which relates to the revision of tenancy agreements.

While Sections 29 and 29A have not yet been commenced, all housing authorities already require written tenancy agreements in practice, and 1980 Regulations provide for minimum requirements for such agreements. I understand that housing authorities have generally found these adequate for their requirements.

I will be giving further consideration to the commencement of these provisions, including possibly amending Section 29 to remove the requirement for a tenancy agreement to be in a form prescribed by the Minister.

Home Loan Scheme

Questions (604)

James Lawless

Question:

604. Deputy James Lawless asked the Minister for Housing, Planning and Local Government when further funding for the Rebuilding Ireland home loan scheme will be issued to local authorities, in particular Kildare County Council; and if he will make a statement on the matter. [3916/19]

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Written answers

The Rebuilding Ireland Home Loan launched on 1 February 2018. Prior to its launch, an initial tranche of €200 million of long-term fixed-rate finance was borrowed by the Housing Finance Agency to provide funds for the scheme to local authorities.

When the Rebuilding Ireland Home Loan was initially being developed, it was estimated that the draw-down of loans under the scheme would be approximately €200 million over three years. From the data collated on the scheme to date, the RIHL has proven to be more successful than initially anticipated, as a result of which, the scheme would require a further tranche of funds to be borrowed by the HFA in order to enable its continuation.

My Department is currently in discussions with the Departments of Public Expenditure and Reform and Finance with regard to an extension of the scheme in this regard. When these discussions are concluded, I will be in a position to make an announcement on the matter.

Architects Register

Questions (605)

Darragh O'Brien

Question:

605. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government if he has the statutory powers or discretion to grant professional accreditation to an architect who is not registered with an organisation (details supplied); and if he will make a statement on the matter. [3927/19]

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Written answers

As Minister I have no statutory powers or discretion to grant professional accreditation to an architect.

Section 13 of the Building Control Act 2007 provides that the Royal Institute of the Architects of Ireland, RIAI, is the registration body for the registration of architects in the State. They have sole statutory responsibility for administering the register.

The Act provides for a number of routes to registration as an architect. Section 14 of the Act provides that membership of the registration body, RIAI, is not a prerequisite for registration in the register.

Water Meters Data

Questions (606)

Seán Sherlock

Question:

606. Deputy Sean Sherlock asked the Minister for Housing, Planning and Local Government the percentage of the public water supply metered on a residential basis in County Cork. [4010/19]

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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, pursuant to Section 7 of the Water Services (No. 2) Act 2013, which provided for the transfer to Irish Water of the general water services functions conferred on the county and city councils by the Water Services Act 2007. Section 32 of the 2007 Act sets out responsibilities in respect of general water services functions and includes the installation and maintenance of meters. As Minister for Housing, Planning and Local Government, I have no direct role in this operational matter.

The Deputy may wish to note that Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to: oireachtasmembers@water.ie or by telephone on a dedicated number: 1 890 578 578.

Local Authority Housing Data

Questions (607)

Seán Sherlock

Question:

607. Deputy Sean Sherlock asked the Minister for Housing, Planning and Local Government the number of houses that will be built by the local authority or its agents in County Cork in 2019. [4011/19]

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Written answers

Statistics on the social housing properties constructed, purchased and leased by local authorities, including Cork city and county councils, are published on an ongoing basis on my Department’s website at the following link:www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision. These statistics are updated on a quarterly basis. Data for Q4 2018 is now being validated and will be published as soon as possible, with data for each successive quarter of 2019 made available over the course of the year.

A detailed breakdown of the social housing construction programme by local authority area 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 3 of 2018 is available on the Rebuilding Ireland website at the following link: http://rebuildingireland.ie/news/minister-murphy-publishes-quarter-3-social-housing-construction-report/. The report covering to end Q4 of 2018 will be published shortly.

The report includes the activity of Cork city and county councils on the construction of new social housing, including those schemes already on site and under construction, those at the final pre-construction stage and those progressing through the various stages of planning, design and procurement. These schemes also include those underway on the part of Approved Housing Bodies working with the Cork councils. Taken together, these projects will form the bulk of social housing starts and completions over the course of 2019, with further projects being added to the pipeline on an ongoing basis.

I will be publishing social housing targets for 2019 for all local authorities, including Cork city and county councils, in the near future and the progress of each authority against these targets will also be published on my Department's website on a quarterly basis. This transparency allows all stakeholders to view the targets and the progress of each local authority in delivering social housing for their areas.

Disability Support Services

Questions (608)

Jan O'Sullivan

Question:

608. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the number of persons who have a disability accessing homeless services; his plans to publish a national housing strategy for persons with a disability in 2019; and if he will make a statement on the matter. [4107/19]

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Written answers

The data on homelessness which is collected by local authorities does not include any information on the numbers of persons with a disability seeking support.

The National Housing Strategy for People with a Disability, NHSPWD, 2011-2016 was published in late 2011 and the associated National Implementation Framework was published in July 2012. These are joint publications by my Department and the Department of Health, which set out the Government’s broad framework for the delivery of housing for people with disabilities through mainstream housing policy. They were developed as part of a coherent framework in conjunction with the Government’s mental health policy and Congregated Settings Report.

In order to continue to meet the housing needs of people with disabilities, the NHSPWD has been extended to 2020.

Local Authority Housing Rents

Questions (609)

Denis Naughten

Question:

609. Deputy Denis Naughten asked the Minister for Housing, Planning and Local Government his policy on the removal of local authority rent caps; if there is a correlation between RAS caps and social housing rent caps; and if he will make a statement on the matter. [4126/19]

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Written answers

The right of local authorities to set and collect rents on their dwellings is laid down in section 58 of the Housing Act 1966. The making or amending of such schemes is an executive function and is subject to broad principles laid down by my Department in Circular letter HRT 3/2002 of 6 March 2002, which states that rent levels should reflect tenants’ ability to pay. Rental Accommodation Scheme, RAS, tenants are assessed for rent under the relevant local authority differential rent scheme and pay their weekly rent to the authority, in accordance with their income.

Different approaches are taken to rent charging and setting across the country. For example, I understand that a majority of local authorities impose a maximum amount of rent payable under their rent scheme for different property types, while a significant minority do not impose any such maximum rents.

Considerable work has been carried out by my Department in developing a draft national differential rents framework for the purposes of section 31 of the Housing (Miscellaneous Provisions) Act 2009. Such a framework has as its main aim the harmonisation of local authority rents, including a set of standardised income disregards, while retaining the general principle of rents related to household income. Under section 31, the making and revocation of a rent scheme would become reserved functions, while the charging of rents would remain an executive function.

This work is now being examined further in the light of the broader commitment given in the Rebuilding Ireland Action Plan for Housing and Homelessness, to review the disparate systems of differential rent for social housing in place across local authorities. The overall objective is to ensure that housing supports are fair and sustainable and prioritise those on lowest incomes. I expect that the review will be completed in the near future.

Local Authority Housing Data

Questions (610)

Eoin Ó Broin

Question:

610. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of local authority homes that will be targeted for energy retrofitting per year with the roll-out of phase 2 of the retrofitting programme for social housing stock. [4147/19]

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Written answers

The budget allocation for social housing energy efficiency works in 2019 is €25 million.

My Department is currently working with the local authorities regarding their work proposals and related funding requirements for 2019, following which allocations will be made. The number of social homes to be targeted in 2019, and for subsequent years, will depend on the work proposals, priorities submitted from the local authorities and the available funding.

Pyrite Remediation Programme

Questions (611)

Lisa Chambers

Question:

611. Deputy Lisa Chambers asked the Minister for Housing, Planning and Local Government if the stage 3 application from Mayo County Council for the pilot remediation project in north County Mayo has been received; if not, the reason therefor; the stage the project is at; when it is due to commence; and if he will make a statement on the matter. [4158/19]

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Written answers

I assume the Deputy is referring to a proposed pyrite pilot remediation project in North County Mayo in respect of social housing stock. My Department has received a Stage 4 (post-tender) proposal from Mayo County Council, which is now being examined, and a response will issue to the county council as soon as possible.

Mortgage to Rent Scheme

Questions (612)

Jan O'Sullivan

Question:

612. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the measures he is taking to increase awareness of the mortgage to rent scheme among local authority staff, public representatives and persons who remain in mortgage difficulties and who fulfil the criteria to qualify for the scheme, thus allowing them to stay in their own homes; and if he will make a statement on the matter. [4204/19]

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Written answers

Following a Review of the Mortgage to Rent, MTR, Scheme, published on 8 February 2017, a range of amendments to the eligibility criteria and administration of the scheme came into effect to enable more properties to qualify and to make the scheme more flexible and accessible to borrowers. The review, available at the following link: http://rebuildingireland.ie/news/changes-in-mortgage-to-rent-scheme/, explored the impediments to participation in the scheme and recommended a number of actions to make the scheme work better for borrowers. In addition, new structures and arrangements have been put in place to encourage a greater number of entities to take part in the scheme.

Increasing the visibility and familiarity of the scheme among borrowers is a critical objective. One of the issues affecting the operation of the scheme overall is the lack of borrower engagement with their lenders. Increasing awareness and understanding of the scheme has been a priority and a website, www.mortgagetorent.ie, dedicated to guiding and advising borrowers and those acting on behalf of borrowers has been developed by my Department together with the Housing Agency, with input from the Abhaile Service and the Insolvency Service of Ireland. The website, which went live in June 2018, complements the other improvements that have been made to the scheme following the 2017 review and is the national portal for information on the MTR scheme.

My Department and the Housing Agency are working with all stakeholders to ensure that the actions set out in the review are being effectively implemented to benefit a greater number of households. A significant borrower, lender, insolvency practitioner and local authority awareness raising and training programme has been initiated and is ongoing. My Department is continuing to work very closely with the Abhaile Service as well as the Insolvency Service of Ireland and the Money Advice and Budgeting Service, MABS, with a particular focus on reaching out to borrowers in arrears of more than two years.

The Government's focus is to ensure that as many households as possible remain in their homes, and I would encourage borrowers to engage with the Abhaile Service, the national mortgage arrears resolution service, provided free of charge to the borrower. The unique element of Abhaile is that it brings together, for the first time, the full range of supports and services required by borrowers in home mortgage arrears. A dedicated adviser will work with the borrower and their lender to find the best solution for their particular situation. MABS acts as the gateway for the service and can be contacted by telephoning, (076)1072000, or by accessing their website at: www.mabs.ie/abhaile.

For those borrowers in danger of losing their home, who are ineligible for the MTR scheme but qualify for social housing support, it is recommended that they engage as early as possible with their local authority regarding their long-term housing needs.

Legislative Process

Questions (613)

Pearse Doherty

Question:

613. Deputy Pearse Doherty asked the Minister for Housing, Planning and Local Government the legislation, including heads of Bills, from his Department that were sent to EU institutions before publication for the period of the Thirty-second Dáil; and if he will make a statement on the matter. [4252/19]

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Written answers

In the period of the Thirty-second Dáil, the following legislation would have been seen by the European Commission prior to publication:

- Building Regulations (Part B Amendment) Regulations 2017 (S.I. No. 57 of 2017);

- European Communities (Marine Strategy Framework)(Amendment) Regulations 2017 (S.I. No. 265/2017);

- Building Regulations (Part L Amendment) Regulations 2017 (S.I. No. 538 of 2017);

- European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296/2018);

- European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4/2019).

In relation to the Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill 2019, and Brexit Preparedness and Contingency planning more generally, the Government continues to engage with the EU institutions and other Member States to ensure a coordinated approach, where appropriate.

Local Authority Management

Questions (614)

Thomas P. Broughan

Question:

614. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 1121 of 15 January 2019, when the terms of office of the chief executive officers commenced; and if he will make a statement on the matter. [4314/19]

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Written answers

The term of office of a Chief Executive of a local authority is the subject of a contract of employment between the individual Chief Executive and the local authority concerned. My Department is not a party to such contracts. The information sought in relation to contract start dates may be available directly from the local authorities concerned.

Building Regulations

Questions (615)

Thomas P. Broughan

Question:

615. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government if building regulations will ensure that all new houses and apartments being built nationally will be zero carbon; and if he will make a statement on the matter. [4315/19]

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Written answers

The Energy Performance of Buildings Directive sets requirements at an EU level for Member States to improve the energy performance of buildings and to make an important contribution to the reduction of greenhouse gas emissions. Article 9(1) of the Directive requires Member States to ensure that by 31 December 2020, all new buildings are nearly zero-energy buildings.

The Directive defines a Nearly Zero Energy Building, NZEB, as a building that has a very high energy performance and that the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby. This definition was incorporated into the Building Regulations in January 2017.

The NZEB performance requirements are based on the Energy Performance of Buildings Directive cost optimal calculations which were issued in 2013 and 2015. Cost-optimal levels are defined as, “the energy performance level which leads to the lowest cost during the estimated economic lifecycle". The NZEB performance for new dwellings represents an improvement in energy and carbon dioxide emissions performance of 70% over 2005 standards and requires renewables on all new dwellings. This is typically equivalent to a Building Energy Rating, BER, of “A2” and is recognised internationally as a very advanced performance requirement. The Part L performance requirements of the Building Regulations have been advanced incrementally since 2007 and the final improvement to move from the current standard of 60% better than 2005 standards or a typical BER of “A3”, to a performance of 70% better than 2005 standards or an “A2” BER, can be more easily achieved as a result of these incremental improvements.

It should be noted that the draft regulations and accompanying technical guidance to implement this have completed public consultation, and the regulations are expected to be signed into law shortly. These regulations will also require that where Major Renovations take place which are greater than 25% of the surface area of the dwelling, the dwelling should achieve a cost optimal performance where feasible. This is equivalent to a B2 building energy rating for a typical dwelling.

Home Loan Scheme

Questions (616)

Anne Rabbitte

Question:

616. Deputy Anne Rabbitte asked the Minister for Housing, Planning and Local Government the appeals process in place when a person applies for the Rebuilding Ireland home loan and meets the criteria regarding financial income but the original planning permission is outside the criteria; and if he will make a statement on the matter. [4333/19]

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Written answers

The Rebuilding Ireland Home Loan is designed to enable credit-worthy first-time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range. The scheme is targeted at first-time buyers who have access to an adequate deposit and have the capacity to repay a mortgage, but who are unable to access a mortgage sufficient for them to purchase their first home.

The Housing Agency assesses applications for loans on behalf of the local authorities. However, the final decision on loan approval is a matter for each local authority and its credit committee on a case-by-case basis. Decisions on all housing loan applications must be made in accordance with the regulations establishing the scheme; the statutory credit policy issued under the regulations; and having regard to the recommendations of the Housing Agency, in order to ensure consistency of treatment for all applicants.

Loan applicants who are dissatisfied with a loan application decision of a local authority credit committee may appeal that decision to the local authority. Details of the appeals process can be obtained from the relevant local authority.

The Rebuilding Ireland Home Loan is only available for financing a Principal Private Residence, PPR, subject to the following criteria:

- For the purpose of purchasing a new, second-hand or self-build property;

- That the gross internal floor area of the property does not exceed 175 square metres;

- The property complies with planning and building regulations;

- The property is located in the Republic of Ireland.

As with the previous local authority house purchase loan offerings, the properties that may be purchased with a Rebuilding Ireland Home Loan must have a gross internal floor area of 175 square metres or less which is equivalent to 1,884 square feet. This property size limit more than adequately provides, in terms of property size, for the range of accommodation needs of first-time buyers.

Private Rented Accommodation

Questions (617)

Noel Rock

Question:

617. Deputy Noel Rock asked the Minister for Housing, Planning and Local Government his plans to add amendments to the Multi-Unit Developments Act 2011 to protect those renting in a development in circumstances (details supplied); and if he will make a statement on the matter. [4334/19]

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Written answers

The Residential Tenancies Acts 2004-2016 set out the rights and obligations of landlords and tenants in both the private rental sector and the Approved Housing Bodies, AHB, sector. The Acts provide that landlords in the sector must apply to register a tenancy of a dwelling with the Residential Tenancies Board, RTB, within one month of the commencement of the tenancy.

The RTB actively pursues landlords for non-registration. Failure of a landlord to register a tenancy with the RTB can result in criminal conviction. If convicted, a landlord may be liable to fines of up to €4,000 or six months' imprisonment, along with a daily fine of €500 for a continuing offence. In addition, if the tenancy is not registered, the landlord cannot avail of the dispute resolution services of the RTB should an issue arise with the tenancy.

To pursue non-compliant landlords, the RTB receives information on residential rented dwellings from several sources. Where non-compliance is identified, notice and warning letters are sent to the landlord. If the landlord still fails to register, enforcement action is taken through the courts.

The RTB's register of tenancies is available and searchable by rental dwelling address on the RTB's website at the following link: https://onestopshop.rtb.ie/check/index.html/.

Housing Assistance Payment, HAP, supported tenancies are agreed between the landlord and the tenant; the local authority is not a party to the tenancy and has no role in its agreement. However, as with other private rental tenancies, the Residential Tenancies Act 2004, as amended, governs the relationship between landlord and tenant and the length of the tenancy is a matter that must be agreed between the landlord and tenant in that context.

The HAP Shared Service Centre, SSC, provides a highly effective transactional service on behalf of Local Authorities, including data-sharing with the RTB in relation to active HAP tenancies. This enables the RTB to ensure compliance with the national tenancy registration system.

Boat Permits

Questions (618)

Brendan Griffin

Question:

618. Deputy Brendan Griffin asked the Minister for Culture, Heritage and the Gaeltacht the procedure to be taken on a matter (details supplied) in County Kerry; and if she will make a statement on the matter. [3907/19]

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Written answers

In relation to the matter raised by the Deputy, I can advise that there is an annual lottery for 20 positions for a 12-month period drawn from a waiting list. This waiting list consists of approx. 750 applicants. The lottery is due to take place in the next few weeks. I have passed the details supplied to local management for the necessary action.

National Parks and Wildlife Service Staff

Questions (619)

Thomas P. Broughan

Question:

619. Deputy Thomas P. Broughan asked the Minister for Culture, Heritage and the Gaeltacht the number of staff working in the National Parks and Wildlife Service as of 1 January 2017, 1 January 2018 and 1 January 2019, in tabular form; and if she will make a statement on the matter. [3921/19]

View answer

Written answers

I am advised that the number of staff working in the National Parks and Wildlife Service in my Department on the dates in question are as follows:

Date

Headcount

Whole Time Equivalent

1 January 2017

293

275.22

1 January 2018

336

318.30

1 January 2019

327

311.25

I understand that my Department will recruit additional specialist and operational roles for the NPWS in 2019 which will include District Conservation Officers, Wildlife Inspectors, Conservation Rangers and Ecologists.

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