Written Answers Nos. 1301-1325
1301. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if the pandemic unemployment payment will be extended to persons over 66 and under 18 years of age who were working prior to the pandemic, to those in the gig economy and involved in precarious work who are ineligible due to not having worked on 6 March 2020; and if she will make a statement on the matter. [7012/20]
View answerThe COVID-19 Pandemic Unemployment Payment was introduced as an emergency income support measure to meet the dramatic surge in unemployment as a consequence of the pandemic. The emergency payment supports people of working age from 18 and up to 66 years who became unemployed as a result of the pandemic and are not being paid by their employer. This age range is consistent with other Social Protection income supports paid to working age persons.
The primary State income support in respect of people who are aged 66 years or over is the State Pension – either the contributory State pension or the non-contributory pension, which is means tested. Those over 66 years do not pay social insurance contributions and can, if in receipt of State Contributory Pension, retain all of their State pension as well as their employment income and retain that pension if they lose employment, thus guaranteeing an income support. People in receipt of a reduced rate of non-contributory or means tested pension who are also in receipt of an employment income may have their pension payment increased if they lose that employment income or if it is reduced. Recipients of State pension payments may, subject to satisfying eligibility conditions, have access to a range of supports not available to unemployed people aged under 66. These include living alone increase, household benefits, telephone support allowance, free travel and free TV licence. Additionally, as part of the Department’s response to the COVID-19 emergency, the Fuel Allowance season has been extended by four weeks.
A person under 18 years of age who has lost their employment and is living in the family home is treated as a dependent in relation to any social welfare payment payable to a parent.
As previously outlined, the COVID 19 Pandemic Unemployment Payment was introduced for people who were in employment or self-employment on or after 6 March 2020 and have become fully unemployed due to the downturn in economic activity caused by the COVID 19 pandemic. People who work in the gig economy or who are in precarious employment who do not satisfy these conditions are not entitled to the COVID 19 Pandemic Unemployment Payment. People in these circumstances may be eligible for either the social insurance based Jobseekers Benefit or the means-tested Jobseekers Allowance.
Where a person, of any age, is experiencing financial hardship they can apply for financial support through the means tested Supplementary Welfare Allowance scheme.
I trust this clarifies the position for the Deputy.
1302. Deputy Cian O'Callaghan asked the Minister for Employment Affairs and Social Protection the amount spent on external consultants by her Department in 2019; the average hourly rate; if caps or limits on such spending are in place; the way in which conflicts of interest are managed; and if she will make a statement on the matter. [7280/20]
View answerMy Department engages consultancy service providers (individuals or organisations) to provide analysis that contributes to policy development. The procurement of such services supports my Department in providing a high quality service to the public in a cost-effective manner and is governed by a comprehensive regulatory framework.
Details of all contracts awarded over €25k by the Department are published each quarter on gov.ie. In addition, details are also published on etenders and on the Official Journal of the European Union (OJEU) in accordance with procurement guidelines and legislation. Expenditure is closely monitored to ensure value for money. Requests for Tender (RfTs) and contracts drawn up are in accordance with the Office of Government Procurement best practice. RfTs and draft contracts contain provisions to deal with conflict of interest, remedies for delays or breach of contract.
Some consultancy contracts comprise once-off fees while others are paid by daily rate. Therefore, I am advised that it is not possible to break down expenditure by the hour. Details of the amount spent on external consultants by my Department for the period in question (2019) is set out in tabular format as follows.
|
Name of Consultant |
Details of Consultancy |
Expenditure |
|
Crowe Advisory Ireland Limited |
Provision of Financial and Economic Services |
€12,238 |
|
Accenture |
System Development, Support and Maintenance of the Civil Registration Computer System |
€801,439 |
|
Deloitte |
Data Strategy Project |
€5,350 |
|
Mercer |
Actuarial Calculations for Waterford Crystal Pensions |
€1,491 |
|
Philip O’Reilly |
Review of Information Systems Division (ISD) Computer Operations |
€24,600 |
|
Working Time Solutions |
Shift Roster design options for ISD Computer Operations |
€23,124 |
|
Ruth Fitzgerald |
Legal advice to the Department of Employment Affairs and Social Protection |
€8,140 |
|
PWC |
Data Specialist Services |
€44,472 |
|
Sonas Innovation |
Data Specialist Services |
€211,609 |
|
Demarq |
IT Administration |
€16,174 |
|
Stormlands Ltd |
IT Administration |
€922 |
|
Institute for Employment Studies and Social Finance |
Consultancy services in relation to Contracted Public Employment Services |
€123,318 (includes expenditure in 2020) |
|
Consult Hyperion |
Data Privacy Impact Assessments |
€128,192 |
|
INOU |
Pathways to Work Consultation |
€7,000 |
|
Research Matters |
Jobseeker and JobPath Customer Satisfaction Survey |
€23,431 |
|
Elizabeth Costello |
Social Inclusion Conference Report 2019 |
€2,600 |
|
Indecon |
Review of National Action Plan for Social Inclusion |
€90,824 |
|
ESRI |
Measurement and Analysis of Household Income and Living Conditions Research Programme |
€66,633 |
|
Total expenditure on consultancy in 2019 |
|
€ 1,591,557 |
1303. Deputy Sean Fleming asked the Minister for Housing, Planning and Local Government his plans and proposals to assist businesses, especially in the tourism sector, in respect of reducing or waiving water rates and water charges; and if he will make a statement on the matter. [5719/20]
View answerSince 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local level. Irish Water charging policy is also subject to approval by the Commission for the Regulation of Utilities (CRU).
In this regard, my Department is maintaining close contact with Irish Water in relation to its response to the COVID-19 Emergency while also liaising with the CRU. Irish Water has acknowledged the challenges faced by their non-domestic business customers, such as those in the hospitality and services sector. The majority of customers primarily pay by volume usage which will have reduced significantly for those businesses, with any standing charges forming only a small element of any bill. Irish Water has undertaken to continue to work closely with these businesses to support them in terms of continued service provision and, in particular, through proactive engagement via its call centre (1850 778 778) and customer support staff, while the CRU will keep the matter under review.
It should be noted that Irish Water's new non-domestic tariff framework for business and commercial customers was due to come into effect on 1 May 2020. This has been deferred until the COVID-19 Emergency has abated in light of the significant uncertainty facing businesses and enterprises at the present time. This decision has been taken by Irish Water with the support of the CRU and my Department. The position will be reviewed in the coming months in light of emerging developments in relation to COVID-19.
1304. Deputy Cathal Crowe asked the Minister for Housing, Planning and Local Government the status of commercial rates for businesses during the Covid-19 pandemic (details supplied). [5876/20]
View answer1314. Deputy Carol Nolan asked the Minister for Housing, Planning and Local Government the commercial rates alleviation measures he has introduced in response to the Covid-19 crisis; if local authorities in counties Laois and Offaly have applied for such supports; and if he will make a statement on the matter. [5637/20]
View answer1316. Deputy Robert Troy asked the Minister for Housing, Planning and Local Government if primary or secondary legislation will have to be enacted to operationalise a three month commercial rates waiver for Covid-19 impacted businesses as announced on 2 May 2020 (details supplied); and the cost of this waiver. [5673/20]
View answer1377. Deputy Éamon Ó Cuív asked the Minister for Housing, Planning and Local Government his plans to give a full moratorium from commercial rates to those businesses that are likely to be seriously impacted for at least a year such as hospitality, tourism and certain personal services such as hairdressers and so on to enable them to survive and rebuild their businesses after Covid-19; and if he will make a statement on the matter. [6807/20]
View answer1378. Deputy Michael McGrath asked the Minister for Housing, Planning and Local Government the businesses that can avail of the commercial rates waiver; if it is just reserved for businesses that have been forced to close due to Covid-19 restrictions; if businesses that have partially closed will be able to avail of the waiver; if businesses that have not been forced to close but nevertheless have experienced a significant drop in turnover will be able to avail of the waiver; and if he will make a statement on the matter. [6819/20]
View answerI propose to take Questions Nos. 1304, 1314, 1316, 1377 and 1378 together.
The levying and collection of rates are legally matters for each individual local authority. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes.
In order to support the local government sector, my Department is continuing to keep local authority income, expenditure and cash flow generally under review and will continue to work with all local authorities on both collective and individual issues arising. In addition, my Department has engaged with the Departments of the Taoiseach, Public Expenditure and Reform, Business, Enterprise and Innovation, Employment Affairs and Social Protection, and Transport, Tourism and Sport in relation to commercial rates and local authority funding issues, as well as the role that local authorities may be in a position to play in supporting economic recovery.
To that end on 2 May 2020, Government announced that a waiver of commercial rates will apply to all businesses that have been forced to close due to public health requirements, from 27 March 2020, for a three-month period. These costs will be met by the Exchequer; the proposal is expected to cost €260m. The administration by local authorities of this measure will be by way of a credit in lieu of commercial rates. My Department is currently preparing further guidance on the scope and application of the waiver for local authorities. Individual applications by local authorities will not be required. No new primary or secondary legislation is needed to administer this measure.
The position will be reviewed at a later date as part of a wider review of options to support enterprise and employment, and associated local authority funding implications, once the unwinding of public health restrictions has advanced.
1305. Deputy Jackie Cahill asked the Minister for Housing, Planning and Local Government if the harvesting of peat for the garden and mushroom growing industry will be permitted for 2020; and if he will make a statement on the matter. [6078/20]
View answerDevelopment, unless specifically exempted under the Planning and Development Act 2000, as amended (the 2000 Act), or the associated Regulations, requires planning permission. In the case of the harvesting of peat, Class 17 of Part 3 of Schedule 2 to the Planning and Development Regulations 2001, as amended (the Regulations), provides that peat extraction in a new or extended area of less than 10 hectares, or peat extraction in a new or extended area of 10 hectares or more, where the drainage of the bogland commenced prior to the coming into force of those Regulations, is exempted development. Such exempted development is subject to a restriction under section 4(4) of the 2000 Act which states that exempted development status is lost if an Environmental Impact Assessment (EIA) under the EIA Directive or Appropriate Assessment under the Habitats Directive is required in respect of that development.
Where there is a question as to what in any particular case is or is not development, or is or is not exempted development, it is open to any person on payment of the prescribed fee to request a written declaration under Section 5 of the 2000 Act from the relevant planning authority, or from An Bord Pleanála (the Board) on referral. Any development that is not exempted development being carried out without planning permission or that does not comply with the terms of a planning permission is unauthorised development and may be subject to enforcement action by a planning authority.
In terms of unauthorised development requiring EIA or Appropriate Assessment, regularisation may be sought by way of the ‘substitute consent’ process set out at Part XA of the 2000 Act, which allows development that should have been the subject of environmental assessment, but was not, to be regularised where appropriate. In this context, I understand that An Bord Pleanála has in recent months received a number of applications for leave to apply for substitute consent in respect of peat extraction activities. It should be noted that except for certain quarry cases, where substitute consent is granted, such consent only regularises the past work that has been carried out and would not permit further development. A separate planning permission would be required for future development, in addition to the substitute consent.
Under Section 30 of the 2000 Act, I am specifically precluded from exercising any power or control in relation to any particular planning case with which a planning authority or the Board, is or may be concerned. An Bord Pleanála is an independent statutory body assigned responsibility to determine planning appeals and certain other matters under the 2000 Act, including applications for substitute consent.
In addition to the planning system, it should be noted that specified peat extraction may also require a licence from the Environmental Protection Agency (EPA) under the Integrated Pollution Control (IPC) system, which is under the remit of my colleague, the Minister for Communications, Climate Action and Environment.
1306. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the arrangements in place in the Land Registry to process existing applications including those that were submitted prior to the lockdown; the estimated delays; the actions that can be taken or are being taken to minimise delays; and if he will make a statement on the matter. [6485/20]
View answer1307. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the areas in which the Land Registry and the Property Registration Authority fall within the Roadmap for Reopening Society and Business; the arrangements in place that will allow both authorities to fulfil their roles; if particular difficulties have been identified that impede their functions; and if he will make a statement on the matter. [6486/20]
View answer1308. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the details of the backlog and time delays in the processing of existing applications and providing copies of files in the Property Registration Authority; the status of an application (details supplied); the number of applications that remain to be completed; and if he will make a statement on the matter. [6487/20]
View answerI propose to take Questions Nos. 1306 to 1308, inclusive, together.
The Property Registration Authority (PRA) is upscaling its operations in line with COVID-19 recovery planning. As part of a phased approach to business continuity, the PRA is implementing a graduated increase in the level of applications processed for registration. New work practices and projects are being successfully incorporated into this phased upscaling.
On 30 March 2020, the PRA announced a temporary reduction in services, effective until 12 April, to protect its employees and the public and to play its part in the national effort to prevent the spread of the COVID-19, in response to the announcement by An Taoiseach on 28 March. With the subsequent extension of COVID-19 restrictions until 5 May, the PRA reviewed its business continuity approach and announced a resumption of some services. In particular, from 14 April, the PRA began recording casework received up to 30 March on its system. Moreover, from 20 April, the PRA resumed taking in applications for Land Registry and the Registry of Deeds. In accordance with the national approach to tackling COVID-19, its public offices remained closed. However, it provided a copy instrument service for urgent property transaction closings.
The gradual upscaling of services which began on 14 April 2020 continues to be reviewed by the PRA in line with COVID-19 recovery planning, public health guidance and the Roadmap for Reopening Society and Business. This will allow the PRA to continue to scale up its operations, carry out its statutory functions and ensure that a safe working environment is in place for its employees and members of the public in all its buildings in Dublin, Waterford and Roscommon. At the same time, in line with the national approach, remote working arrangements will continue in place to ensure that safe physical distancing can be maintained.
Due to the current legal prohibition on the use of digital signatures for property transactions/registrations, the PRA’s eRegistration service is limited to transactions that do not require a “wet signature” i.e. eDischarges (releases of mortgages) and eCharging Orders (Nursing Home scheme Charges). Accordingly, the majority of applications lodged in the PRA are paper-based legal deeds and documents. This creates challenges in rapidly enabling remote working for all case processing.
In this regard, preparatory work is underway, led by the Department of Communications, Climate Action and Environment, to provide the legal basis for the PRA to accept digitally signed documents for transactions involving registered land.
The number of transactions on hand in the PRA increased from 102,805 at end February to 113,866 at the end of April because of the COVID-19 restrictions. The upscaling of operations and a steady decrease in the intake of applications now being experienced will see the level of cases on hand decreasing again. Applications are being dealt with in order of priority. However, urgent applications are being processed expeditiously, as requested, on a case by case basis. As applications for registration are often complex, necessitating numerous legal queries, it is not possible to give representative timelines for dealing with cases.
Copy Folios/Maps and Copy Instruments are being issued. Customers can apply for copies in the normal way through the landdirect portal. Landdirect, eRegistration services and registration of deeds services continue to operate as normal.
In relation to any specific cases, arrangements have been put in place by all State bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. Further information in relation to the specific case referred to may be obtained by contacting the specific e-mail address in respect of the PRA, reps@prai.ie.
1309. Deputy Brendan Griffin asked the Minister for Housing, Planning and Local Government his views on correspondence (details supplied); and if he will make a statement on the matter. [6834/20]
View answer1371. Deputy Brendan Smith asked the Minister for Housing, Planning and Local Government his plans to implement the recommendations of the Joint Committee on the Environment, Culture and the Gaeltacht report on the title of architect published in 2013; and if he will make a statement on the matter. [6702/20]
View answer1387. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Planning and Local Government if he will implement the recommendations contained in the July 2013 report titled Report on the Title of the Architect; his views on calls for the introduction of a grandfather clause for architects practising their profession here; and if he will make a statement on the matter. [6966/20]
View answerI propose to take Questions Nos. 1309, 1371 and 1387 together.
Part 3 of the Building Control Act 2007 introduced a system of statutory registration for architects and restricted use of the title of "architect" to persons who are registered architects.
Section 22 of the Act makes specific provision for registration based on technical assessment of persons who had been independently performing duties commensurate with those of an architect for a period of 10 or more years in the State prior to the commencement of the Act. This is, in effect, what is often colloquially referred to as a grandfather clause.
In 2013, in response in particular to the lower than anticipated rate of applications for registration by technical assessment, an independent review of the arrangements in place for registration was undertaken by Mr Garret Fennell, Solicitor. Mr Fennell’s report on the matter is available on my Department's website at the following link:
http://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/BuildingStandards/FileDownLoad%2C34097%2Cen.pdf.
The Joint Oireachtas Committee on Environment, Culture and the Gaeltacht also examined the matter and published its Report on the Title of Architect (July 2013) which is available at:
https://www.oireachtas.ie/parliament/media/committees/archivedcommittees/environmenttransportcultureandthegaeltacht/Report-on-the-Title-of-Architect.pdf
Both reports, which were welcomed by my Department, made a number of recommendations intended to improve and streamline the arrangements for registration. Implementation of these recommendations, in consultation with the Architects Alliance of Ireland and others, has seen a number of reforms being implemented, which include the administration of the technical assessment process on a cyclical basis where briefing, guidance and support for candidates can be administered in a structured manner; mentoring and supporting applicants; facilitating assessment based on recent projects; facilitating applicants with reassessment/reapplication (i.e. ensuring that the technical assessment procedure is not seen as a one chance only route to registration); and reviewing and simplifying guidance materials with direct input from practice-trained persons. My Department and the Royal Institute of the Architects of Ireland (RIAI), as registration body, are committed to continuing to work with the Architects Alliance of Ireland and others in this manner to achieve whatever further reasonable and practical improvements of registration arrangements can be made in the context of the Fennell report or otherwise.
In addition to the transitional “grandfather” provision set out above, section 14(2)(f) of the Act provides a permanent route to registration for practically trained persons who have 7 years appropriate practical experience and who have passed the prescribed register examination. In 2016, the Architects Alliance of Ireland proposed a special entry route to incorporate the proposed development of a prescribed register admission examination as currently provided for under this section. While the Act would allow me to prescribe such a register admission examination as a route to registration for eligible persons, neither I nor my Department have the remit or the competence to validate or approve the proposed register admission examination. Assessment for registration under section 14(2)(f) comes within the responsibility of the RIAI, who are designated as the registration body for the purposes of the 2007 Act, and as the competent authority for the purposes of the Directive on the mutual recognition of professional qualifications (as amended). For this reason, the Architects Alliance of Ireland were advised by my Department to discuss their proposal, in the first instance, with the RIAI as registration body and competent authority for the architectural profession in Ireland.
My Department and the RIAI, as registration body, are committed to continuing to work with the Architects Alliance of Ireland and all other stakeholders to achieve whatever further reasonable and practical improvements in registration arrangements can be made. I would encourage all practically trained persons to pursue the routes to registration which are open to them and to continue to engage constructively with my Department and the RIAI.
1310. Deputy Carol Nolan asked the Minister for Housing, Planning and Local Government if his Department has engaged the use of external consultants from 1 January 2020 to date; the details and costs of such engagements; and if he will make a statement on the matter. [5533/20]
View answerConsultants appointed by my Department since 1 January 2020, together with the purpose of each service engagement, the costs to date and the expenditure programme concerned, are set out in the following table. Consultancy service providers are only engaged by the Department where specific expertise is required which is not available in the organisation at the relevant time.
|
Consultant |
Purpose of Consultancy |
Contract cost |
2020 Expenditure to date (Programme Area) |
|
Sustainable Energy Authority of Ireland (SEAI) |
Development of a heat pump standard - development of a standard operating procedure for the installation and maintenance of heat pumps |
€15,000 |
€15,000 (Planning & Housing Research) |
|
Quadra Consultancy Ltd |
Carry out health and safety risk assessments throughout the Department in accordance with relevant statutory obligations |
€6,327 |
€6,027 (Training & Development) |
|
PMCA Economic Consulting |
Provision of an expert report as part of Ireland’s response to State Aid case SA 52512 concerning local authority health and leisure facilities |
€9,225 |
€9,225 (Local Government) |
|
Korn Ferry |
Assist in identifying and engaging suitable candidates for consideration by the Assessment Panel in the recruitment of a non-Executive Director of Ervia Board |
€36,900 |
€0 (Water Quality) |
1311. Deputy Éamon Ó Cuív asked the Minister for Housing, Planning and Local Government the reason a family (details supplied) is deemed ineligible to be included on the housing waiting list with Galway County Council; his plans to address the anomaly by increasing the social housing eligibility income limits in Galway County Council to ensure that all families in receipt of social welfare payments are eligible to be considered for social house supports in the county; and if he will make a statement on the matter. [5555/20]
View answer1349. Deputy Sean Fleming asked the Minister for Housing, Planning and Local Government the income limits for eligibility for social housing per each category of household by county nationwide; and if he will make a statement on the matter. [6184/20]
View answerI propose to take Questions Nos. 1311 and 1349 together.
Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas. Also under the 2011 Regulations, a household may apply for support to one housing authority only (the “housing authority of application”), which may be the authority for the area in which the household normally resides or with which it has a local connection, or where the authority agrees, at its discretion, to assess the household for support.
Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Pension-Related Deductions within the meaning of Financial Emergency Measures in the Public Interest Act 2009. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature.
A table setting out the details of the three bands and the limits currently applicable in each local authority area is available on my Department's website at the following link: https://www.housing.gov.ie/housing/social-housing/other/social-housing-support-table-income-limits
The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10%; and 2.5% for each child, subject to a maximum allowance under this category of 10%.
The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced in 2011 also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing.
Households in cities like Galway, Cork or Dublin may apply for areas of choice in the city and/or county area. Where a county area is specified, this is dependent on that household not exceeding the maximum net income threshold for the county area, which in the case of Galway County is €25,000 for a single person or €30,000 for a household of three adults and four children.
Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.
However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. The review will have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.
1312. Deputy Carol Nolan asked the Minister for Housing, Planning and Local Government if the list of designated rent pressure zones to include Edenderry and Portlaoise will be updated; and if he will make a statement on the matter. [5597/20]
View answerSection 24A of the Residential Tenancies Act 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 for designation 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.
Previously, for an area to be designated a Rent Pressure Zone, it must have satisfied the 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), as follows:
(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 (i.e the National Standardised Rent in the RTB’s Rent Index Report) in the last quarter (€1,226 per month in Q4 2019).
However, on 30 May 2019, I signed the Residential Tenancies (Amendment) Act 2019 (Commencement) Order 2019 which appointed 31 May 2019 and 4 June 2019 as the dates on which specified provisions of the Residential Tenancies (Amendment) Act 2019 came into effect, including provisions in respect of the average rent qualifying criterion for RPZ designation. Specifically, in relation to criteria (ii) above, the rent of a dwelling in the Greater Dublin Area (Kildare, Wicklow and Meath) will now be compared to the average rent across the country, excluding Dublin rents; and the rent of a dwelling outside of the Greater Dublin Area (GDA) will be compared to the average rent across the country, excluding Greater Dublin Area rents.
Each quarterly RTB Rent Index Report includes a summary in Table 9 of the data used to establish whether each Local Electoral Area fulfils the criteria for designation as a Rent Pressure Zone. This ensures transparency in relation to the position of individual areas in terms of average rent levels and increases. The quarterly Rent Index Reports are available to view on the RTB's website at the following link: https://onestopshop.rtb.ie/news/latest-data-from-rtb-quarterly-rent-index-2.
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'.
The Local Electoral Area (LEA) of Portlaoise, Co Laois was designated as a Rent Pressure Zone (RPZ) on 2 July 2019.
While rental inflation in the Edenderry LEA has been above 7% in 5 of the last 6 quarters, the standardised average rent in Edenderry in Q4 2019 was €781.21, which is below the Non-GDA Standardised Average Rent of €872.09 per month, thereby not satisfying the criteria for designation as an RPZ at this time.
The Housing Agency and the RTB will continue to monitor national rents and if the Edenderry LEA meets the designation criteria it will be designated as a RPZ.
1313. Deputy Carol Nolan asked the Minister for Housing, Planning and Local Government if local authorities will continue to implement a rent freeze for the duration of the Covid-19 crisis; and if he will make a statement on the matter. [5636/20]
View answerThe various differential rent schemes in place in local authorities provide for rents which are linked to a tenant's income. It should be noted that rents can go down where a person’s income reduces. Accordingly, a rent freeze would not be appropriate as it would prevent downward rent movements in such circumstances and, therefore, no rent freeze has been implemented by local authorities.
Where a person resident in social housing has lost employment as a result of COVID-19, their local authority can review the rent payable to take account of this. In the current situation, local authority staff engaged on rents administration are prioritising the processing of these applications for downward rent reviews.
In relation to any household income increase that may be attributable to COVID-19 payments issued by the Department of Employment Affairs and Social Protection, I understand that local authorities are not currently increasing rents on foot of these payments on the basis that they are temporary in nature.
1315. Deputy Paul McAuliffe asked the Minister for Housing, Planning and Local Government his plans to further amend the deadlines and timelines regarding planning application processes. [5663/20]
View answerOn 29 March 2020, the Government, following my request and taking account of the considerations under section 251A(5) of the Planning and Development Act 2000, as amended, made an Order under section 251A(3) of that Act which resulted in the extension of time for a range of specified or appropriate periods and timelines in the Planning Acts and associated planning regulations.
In determining the end date of the Order, a number of additional days were added beyond the end of the period of the Government’s public health ‘stay at home’ announcement to facilitate the return to normal business by planning authorities and public communication of revised arrangements in advance of the expiry of the section 251A Order. In this context, the date of 20 April 2020 was specified in the Order as the date on which the period to be disregarded under section 251A(1) of the Planning Act was to end, comprising a period of 23 days.
Arising from the decision of the Government to extend the COVID-19 related measures restricting the movement of the public until 5 May 2020, the Government on 16 April 2020 made an Order under Section 251A(4) of the Planning Act further extending the duration of all relevant periods and timelines specified in planning legislation by an additional 19 days, up to and including 9 May 2020. As the Government has since decided to extend further the COVID-19 related restrictive measures until 18 May 2020, the Government has now made an additional Order under section 251A(4) of the Planning Act extending the duration of all relevant periods and timelines specified in planning legislation by an additional 14 days, up to and including 23 May 2020.
The three Orders have the combined effect of extending the relevant planning periods and timelines by an aggregate of 56 days/8 weeks. Notifications of these Orders, including reference to an updated FAQ document, have been issued in circular letters to all planning authorities and An Bord Pleanála. The updated FAQ document, relevant Circulars and the Government Orders, as well as additional information, are also available on my Department’s main COVID-19/Planning webpage at:
https://www.housing.gov.ie/planning/covid-19-coronavirus/clarification-operation-planning-system-during-current-covid-19
The planning system has a key role to play in the post COVID-19 recovery and as restrictions are unwound, I expect that the latest Order, which is effective until 23 May, will be the last such Order made under section 251A of the Planning and Development Act 2000.
1317. Deputy Michael Moynihan asked the Minister for Housing, Planning and Local Government the assistance or supports his Department can provide to students who have paid for student accommodation and cannot get a refund from the accommodation provider; if he has been in contact with student accommodation providers on the matter; and if he will make a statement on the matter. [5698/20]
View answer1359. Deputy Dara Calleary asked the Minister for Housing, Planning and Local Government his views on whether it is appropriate that colleges are not refunding rents paid by students for on-campus accommodation for the period that they have been unable to attend campus (details supplied); and if he will make a statement on the matter. [6483/20]
View answerI propose to take Questions Nos. 1317 and 1359 together.
With effect from 27 March 2020, new emergency measures were introduced into law to protect tenants during the COVID-19 emergency period. Tenants cannot be forced to leave their rental accommodation during this period, other than in exceptional circumstances. Initially, these emergency legislative provisions will last for a period of 3 months, but they may be extended if the Government considers it necessary.
My Department has published a Guidance Document on COVID-19 supports for landlords and tenants which sets out the emergency rental measures and income and other supports available to tenants and landlords during the emergency period. The Guidance document is available at:
https://onestopshop.rtb.ie/images/uploads/general/COVID_Update_Guidance_Document_final.pdf
and a list of Frequently Asked Questions has been developed and is available at:
https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/FAQs_on_Emergency_Legislation_Final.pdf.
The Residential Tenancies Acts 2004-2019 provide for minimum notice periods to be served by tenants and landlords for tenancy terminations – for example, a student must provide 28 days notice to end a tenancy of less than 6 months duration or 35 days to end a tenancy of more than 6 months but less than 1 year.
The Acts do not prescribe specific terms and conditions regarding the payment of rents or deposits for inclusion in individual letting agreements in the private rental market including the student-specific accommodation sector. Contract law governs such arrangements.
The specific terms associated with an individual student’s rights and obligations are likely to be set out in a written contract signed by both the student and the landlord. Engagement between the parties to clarify the respective contractual obligations of the student and the landlord is key in establishing whether a breach of contract had occurred.
I understand that where State universities have closed due to COVID-19, they are generally providing refunds in respect of their directly owned student-specific accommodation.
Students may wish to contact their third level education providers to seek any assistance that they might be in a position to provide. If a student cannot come to an agreement with their accommodation provider, they might wish to contact the Residential Tenancies Board (RTB) regarding their concerns – https://www.rtb.ie/– or to refer a dispute for resolution with regard to the non-refund of their deposit.
The RTB was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants. Due to the quasi-judicial nature of work of the RTB, it would be inappropriate for me, as Minister, or my Department to comment on or intervene in the specifics of any individual case.
1318. Deputy Noel Grealish asked the Minister for Housing, Planning and Local Government the contact details in his Department for the section taking inquiries from accommodation providers who wish to provide emergency accommodation for Covid-19 related cases; and if he will make a statement on the matter. [5702/20]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and associated services for homeless persons rests with individual housing authorities.
Any person or organisation who is interested in making properties available for use as emergency accommodation should contact the relevant local authority. Local authorities are also seeking properties under the various social housing funding schemes to provide homes for families in emergency accommodation and on the social housing waiting lists.
1319. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government when the fourth quarter social housing pipeline report will be published. [5706/20]
View answer1320. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of homes that have been delivered in total; the number of affordable housing units from statutory and administrative schemes delivered; the number of Part V units delivered; and the number of cost reduced housing units that have been delivered via the local infrastructure housing activation fund. [5708/20]
View answer1324. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the breakdown of the 2019 social housing output by criteria (details supplied); and the categories by each local authority in tabular form. [5729/20]
View answer1325. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of Part V units delivered in 2019 by kilocalories authority and average cost by local authority in tabular form. [5730/20]
View answerI propose to take Questions Nos. 1319, 1320, 1324 and 1325 together.
My Department publishes comprehensive statistics on a quarterly basis on all social housing delivery activity under Rebuilding Ireland. This is published on the statistics page of my Department’s website, at the following link:
https://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision
These data provide a breakdown of social housing delivery across the range of mechanisms referred to. However, it should be noted that no categories of “Local Authority Lease to buy” or “Approved Housing Body Lease to buy” exist.
In addition to the statistical overview of activity in each local authority, a detailed Social Housing Construction Status Report (CSR) is published which provides scheme level detail on new build activity under Rebuilding Ireland. The most recent publication covers the period up to the end of Q4 2019 and was published on 14 May 2020. This report is available on the Rebuilding Ireland website at the following link:
https://rebuildingireland.ie/news/minister-murphy-publishes-social-housing-construction-status-report-for-q4-2019-2/
A total of 1,326 Part V homes were delivered by local authorities and Approved Housing Bodies (AHBs) for social housing in 2019. A further detailed breakdown of these homes across all local authority areas in the period up to end Q4 2019 is available at the following link:
https://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision
While statistics have been collated in relation to Part V delivery, a unit cost analysis of these homes has not yet been undertaken.
With regards to the number of homes delivered via the Local Infrastructure Housing Activation Fund (LIHAF), the following table details the number of completed homes up to Q4 2019. Figures in respect of Q1 2020 are currently being collated.
|
Local Authority |
Project Name |
Residential Units Delivered to Date |
Social/Part V |
Cost Reduced/More Affordable |
|
Cork County |
Carrigaline |
180 |
0 |
0 |
|
Fingal |
Oldtown/Mooretown |
379 |
8 |
211 |
|
Kildare |
Naas |
190 |
15 |
150 |
|
Meath |
Ratoath |
106 |
2 |
10 |
|
South Dublin |
Adamstown SDZ |
1,202 |
120 |
459 |
|
Cork City |
Glanmire |
13 |
0 |
3 |
|
Fingal |
Donabate |
66 |
0 |
66 |
|
Limerick |
Mungret |
26 |
0 |
26 |
|
Total |
2,162 |
145 |
925 |
The individual sales price of homes that are delivered following the construction of the LIHAF facilitating infrastructure is not recorded by my Department. However, by way of example, Meath County Council has confirmed it will be offering units at Ratoath at a discount of 10% to the relevant open market prices. In Cork City, the LIHAF project at Glanmire will see 110 homes delivered with a discount of approx. €20,000 each on the open market price.
1321. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the St. Michael’s Estate cost rental project in Inchicore, Dublin 8. [5709/20]
View answerAcknowledging that renters in Dublin and other major urban centres are currently facing significant housing access and affordability challenges, the Government is committed to the introduction of a Cost Rental sector in Ireland. My Department is developing a national policy approach for this new form of rental tenure. This work includes the development of two pathfinder projects on local authority-owned sites, at Enniskerry Road in Dun Laoghaire-Rathdown, and at Emmet Road in Dublin City, from which lessons will be drawn to inform an optimum model for Cost Rental delivery at the national level.
The latter project, at Emmet Road in Inchicore, incorporates the site of the former St Michael's Estate referred to by the Deputy. Dublin City Council (DCC), the site owner, has advised it is continuing to make progress on the design and planning work for this project. It has appointed a dedicated project manager and project team, and has completed a development framework plan for the project. Most recently, DCC has just completed the procurement process to secure an architect-led integrated design team, who will now be responsible for detailed design of the scheme, obtaining all statutory consents and the delivery on site of a new sustainable neighbourhood.
Overall, it is projected that this site can accommodate 484 homes in a high-quality mixed tenure development, including 375 Cost Rental apartments. DCC intends that the remaining homes will be provided for social housing and is engaging with my Department in terms of funding for that part of the project. DCC is also engaging with the European Investment Bank, which has signaled funding support in principle in respect of the Cost Rental housing element of the project.
1322. Deputy Sean Sherlock asked the Minister for Housing, Planning and Local Government if he will allow for the relaxation of rules by local authorities for the provision of street furniture by cafés and restaurants when they reopen. [5723/20]
View answerThe licensing of street furniture and other appliances on public roads and footpaths is governed by section 254 of the Planning and Development Act 2000, as amended (the Act), and associated Regulations. Under Article 201(b) of the Planning and Development Regulations 2001, as amended, this includes the provision of tables and chairs outside a hotel, restaurant, public house, or other establishment where food is sold for consumption on the premises.
Under section 254(4) of the Act, an application for such a licence shall be made to the relevant planning authority, or the Board on appeal, who, in determining an application or appeal, are required to have regard to -
- the proper planning and sustainable development of the area,
- any relevant provisions of the development plan or local area plan,
- the number and location of existing appliances, apparatuses and structures on the public road or footpath, and
- the convenience and safety of road users including pedestrians.
In the context of the current Covid-19 pandemic, such consideration of street furniture licence applications and appeals should also take into account relevant public health, health and safety and other related protocols.
While I will keep this regulatory framework under review, its implementation at a local level will continue to be a matter primarily for individual local authorities.
1323. Deputy Sean Sherlock asked the Minister for Housing, Planning and Local Government the chief executives of local authorities he has engaged with regarding the issue of rates and reimbursements of rates freeze in each local authority; and the outcome of each engagement. [5724/20]
View answerThe levying and collection of rates are legally matters for each individual local authority. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes.
In order to support the local government sector, my Department is continuing to keep local authority income, expenditure and cash flow generally under review and will continue to work with all local authorities on both collective and individual issues arising.
My Department wrote to the Chief Executive of each local authority on both 24 March 2020 and 2 May 2020 in relation to commercial rates alleviation measures in response to COVID-19.
Engagement with the City and County Management Association (CCMA) has been critical in formulating the measures taken to date, specifically the initial deferral of rates and the subsequent 3 month waiver for businesses forced to close. The CCMA has engaged proactively with my Department to assess the potential financial cost of the impact of COVID-19 in terms of commercial rates. Most recently my Department has had on-line meetings with representatives of the CCMA on 21 April, 6 May, 8 May, 12 May and 13 May in respect of the matter.
