Written Answers Nos. 1164-1191
1164. Deputy Danny Healy-Rae asked the Minister for Housing, Planning and Local Government if a directive has issued to exclude the press from having access to the virtual meetings and briefings being held by the members of Kerry County Council during the Covid-19 pandemic in cases in which statutory business is not being dealt with (details supplied); and if he will make a statement on the matter. [8399/20]
View answerCouncil meetings are an integral and critical part of local democracy through which elected councils carry out statutory reserved functions and provide policy direction and oversight to local authorities. Arrangements for Council meetings are a matter for elected members who must, in accordance with the relevant provisions set out under Part 6 and Schedule 10 of the Local Government Act 2001, as amended, ensure the effective discharge of Council business, including meeting statutory obligations.
On Monday, 20 April 2020, my Department wrote to Councillor representative organisations, copying local authority Chief Executives, in relation to the issue of the holding of Council meetings in the current COVID-19 public health emergency.
Given the public health measures, reference was made to options for consideration in the context of holding Council meetings and conducting Council business, including reduced member meetings, alternative venues for Council meetings and the potential assignment of decisions to Municipal District level, where feasible.
As there is legal uncertainty associated with resolutions determined or votes taken at Council meetings convened in a “virtual” space or on an online platform, the letters strongly recommended that formal decisions, which are required under statute to be made by a Council at a meeting properly constituted under the Act, are not taken by Councils meeting incorporeally on online platforms.
Any decision relating to attendance by the public and media at council meetings is a reserved function of elected members under section 45 of the Local Government Act 2001.
There are no statutory provisions regarding the attendance of representatives of the media at non-statutory meetings, like workshops or briefing sessions for elected members. Such decisions are a matter for individual local authorities.
1165. Deputy Fergus O'Dowd asked the Minister for Housing, Planning and Local Government the position in relation to the advertisement of a senior executive officer role for Drogheda, County Louth as agreed in late 2019; the expected date for the role to become operational; and if he will make a statement on the matter. [8406/20]
View answerIn Autumn 2019, Louth County Council submitted a proposal to my Department proposing the creation of two senior positions, one each in Drogheda and Dundalk, to enhance planning and development within the towns in alignment with the requirements of the National Planning Framework (NPF) and in coordination with Meath County Council in the context of Drogheda. The Council sought financial assistance from my Department in this regard and I was pleased to confirm in December 2019 the availability of a once-off payment of €200,000 to the Council on a matched-funding basis to assist in the creation of two such positions for a three-year period.
Louth County Council sought formal sanction from my Department for two additional staff at SEO grade level in early 2020, the posts to be filled by internal competition. Formal sanction was communicated by my Department to the Council on 31 January 2020 on a three year specific purpose contract basis with recruitment confined to the local government sector.
The detailed arrangements, including recruitment, expected start date(s) and the detailed role and functions of the posts, in line with the Council's funding proposal to the Department, are a matter for Louth County Council in accordance with section 159 of the Local Government Act 2001 which provides that each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.
1166. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the current and long-standing issue of the recruitment and retention crisis within the fire and rescue services nationally and that the last meaningful engagement with significant improvement for retained firefighters was the composite agreement which took place in 1999; and if he will make a statement on the matter. [8436/20]
View answer1167. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the mass exodus of fully trained and experienced firefighters from the fire and rescue service over the past number of years well before retirement age due to their inability to have a work-life balance and the 50% drop in calls nationally that in turn makes it not financially viable to stay in the service; and if he will make a statement on the matter. [8437/20]
View answerI propose to take Questions Nos. 1166 and 1167 together.
The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Acts 1981 and 2003. My Department supports fire authorities through general policy setting and preparing legislation, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects.
The Fire Service in Ireland is fortunate to have available to it, in the full-time and retained cadres of staff at all levels, a large number of professional, competent and highly committed personnel. Local authorities are the employers of fire service personnel, and the Local Government Management Agency (LGMA) engages with appropriate staffing representative bodies in relation to overall terms of employment. Fire services issues are managed in my Department through its National Directorate for Fire and Emergency Management.
My Department is not aware of the high churn of firefighters from the Fire Service described. Indeed in large urban areas where there is a full-time service, there remains a high level of interest in the Service, as indicated by the very high number of responses to recruitment campaigns, the most recent of which was held late last year in Dublin. I understand however, that the situation outside these areas, with full-time services, can vary. In this regard, local authorities and the LGMA continuously monitor the issue of recruitment and retention and work on developing strategies to address such issues, involving and briefing the NDFEM as appropriate.
Work is ongoing in collating data from around the regions, however, provisional statistics would suggest that for the first quarter of 2020 the number of calls received nationally was similar to the previous 3-year rolling average. There is expected to be regional variations and some areas may have seen reductions in calls received. It is also likely that during the Covid-19 restrictions the number of calls will fall in line with public activity.
1168. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the fact that fire calls are being vetted by fire service management (details supplied); if his attention has been further drawn to the fact that fire service call charges differ from county to county not only in amounts charged to the public and that some counties have call charges and others do not; and the reason persons have to pay for availing of this front-line service but no other front-line service such as An Garda Síochána or the ambulance services. [8438/20]
View answerThe provision of fire services is a statutory function of fire authorities under the provisions of the Fire Services Acts 1981 and 2003. The receipt of calls from the public for assistance by the fire service is provided on a 'shared service' basis by three Regional Communications Centres (RCCs) at Limerick, Castlebar and Dublin.
The vast majority of incidents requiring fire service attendance have a pre-defined weighting for Pre-Determined Attendances (PDA) which guide the appropriate fire service resources to be initially deployed. The predefined weighting sets out the specification of amount and type of appliances that are appropriate to deploy to a particular type of emergency.
I am informed that in some limited exceptional cases incidents may be initially referred to the Rostered Senior Fire Officer (RSFO) in charge, before a decision to mobilise is made and that these type of cases would likely involve low-risk incidents, for example, animal rescue.
While each Fire Authority has a PDA database the officer in charge has the discretion to enhance that deployment or not. The various incident categories and associated recommended PDA standards are set out in Appendix A of the policy document "Keeping Communities Safe- A Framework for Fire Safety in Ireland" published in 2013 and available on my Department's website at the link below.
https://www.housing.gov.ie/local-government/fire-and-emergency-management/policy/keeping-communities-safe-framework-fire-safety
At times, in dealing with multiple incidents, such as in a storm of flooding situations, RSFO’s may need to make decisions as to and where to deploy limited resources optimally.
The provision of the Fire Service in its functional area, including the establishment and maintenance of a fire brigade is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981 and 2003. Under section 35(3) of the Act, it is a matter for each local authority to determine whether to charge users or beneficiaries of a service that fire authority provides including attendance at fire incidents.
I understand that fire authorities may operate waiver schemes in respect of call-out charges with cases considered on their individual merits, including the circumstances of each caller. The householder or premises owner may also be able to recoup charges for attendance of the fire brigade through their insurance policies.
1169. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Planning and Local Government his views on whether the fire and rescue service is the best geographically placed organisation to deliver on the co-responder project which would help in reducing the death toll in cardiac arrest and respiratory emergencies in rural areas; and if he will work with the Minister for Health to complete the memorandum of understanding commenced by his predecessors and enable the fire and rescue service to be deployed to respond to these emergency situations. [8439/20]
View answerResponsibility for the provision of emergency medical services, including pre-hospital emergency care, rests with the Health Service Executive (HSE) which operates the National Ambulance Service and emergency departments in hospitals in accordance with health sector legislation and national policy. Fire authorities created under section 10 of the Fire Services Act, 1981 & 2003 are empowered under section 25 of that legislation to carry out or assist in any operation of an emergency nature.
The National Ambulance Service may call on Community First Responders for assistance before its crews reach an incident and many fire services are equipped with automatic external defibrillators and the majority of fire services have trained their fire-fighters in Cardiac First Responder and Emergency First Responder to Pre-Hospital Emergency Care Council standards for health and safety reasons.
Therefore, fire services personnel in many fire stations are already trained and equipped to a standard that could enable them to respond to life threatening emergencies. Given the infrastructure of fire services around the country and particularly in rural locations, the Retained Fire Service is well placed to assist the HSE with responses to such life threatening emergency calls.
As Minister with policy and legislative responsibility for fire safety and the provision of fire services by local authorities, a primary concern must remain, in accordance with the Fire Services Acts 1981 and 2003, that local authority provided fire services are meeting their statutory obligations in respect of their primary role in the provision of fire services and fire safety. These responsibilities include the important activity of community and other fire safety initiatives as well as response to emergency calls.
Fire services generally respond to calls for assistance from external bodies in accordance with protocols operated within the three fire services Regional Communications Centres.
The feasibility of fire services, outside the Dublin Fire Brigade area of operations, being commissioned by the HSE to provide a response service in support of the NAS in responding to life-threatening emergency calls was discussed at national level at the Fire Services National Oversight & Implementation Group, which consists of fire service management and staff representatives and it produced a discussion document as the basis to underpin discussions with the Health sector. The document was discussed at the Management Board of the National Directorate for Fire and Emergency Management in July 2018 where a number of issues including the transfer of risk and mechanisms for funding were raised that remain as items of discussion with the Department of Health.
Any proposal for formalising this assistance would need to be subject to appropriate governance and cost reimbursement arrangements and to be set in the context of a service agreement with the HSE/National Ambulance Service which will not impact on or adversely affect fire services' primary roles. It is critical that local authority and fire services' resources are not inappropriately diverted from their statutory fire service and fire safety responsibilities. The potential impact on the current Community First Responders schemes would also have to be assessed.
1170. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Planning and Local Government if his attention has been drawn to a report (details supplied) that stated that the retained fire service was not fit for purpose; and his plans to ensure that the proposals will now be implemented. [8440/20]
View answerThe provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Acts 1981 and 2003. My Department supports fire authorities through general policy setting and preparing legislation, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects.
The Farrell Grant Sparks Report referred to by the Deputy was published in January 2002 and it represented a comprehensive review of fire services and fire safety in Ireland at that time. It is important to point out however, that it did not find the fire service or any part thereof, as unfit for purpose.
It did however, identify a number of areas where the fire service could be improved further. I have been informed, it was an important landmark in the development of fire services in Ireland and contributed towards a re-orientation and re-shaping of the fire service towards a more holistic approach with a greater emphasis on Community Fire Safety together with incident response.
Since the review was carried out there has been significant development of fire services in Ireland across a wide spectrum of areas. This included significant investment in and development of, infrastructure including fire stations, fire engines, equipment and training. The National Incident Command System, was established and standard operating guidance to support safe and effective operations have been implemented through the Fire Services Change Programme. The current service delivery structure was also introduced and the National Directorate for Fire and Emergency Management (NDFEM) was established in my Department.
The NDFEM carried out a further significant review of fire services and fire safety in Ireland in 2012 and the Report "Keeping Communities Safe", was published in 2013. It sets out approaches across a number of areas, including: risk management; service delivery structures; fire safety; service response; dealing with large scale incidents; inter-agency work; major emergency management; quality assurance; performance reporting and implementation. The Review is available on my Department's website at the following link:
https://www.housing.gov.ie/local-government/fire-and-emergency-management/policy/keeping-communities-safe-framework-fire-safety
In 2016, an external validation on the implementation of "Keeping Communities Safe", concluded that the public are served well by fire services in Ireland. There has been a welcome downward trend in fires and other emergencies requiring fire service assistance over a number of years and a reduction in the incidence of loss of life in fire. The validation was supported by visits to all fire services throughout 2014 and 2015 and the conclusions applied equally to both full-time and retained services. A similar evaluation exercise is targeted for completion in 2021.
1171. Deputy Fergus O'Dowd asked the Minister for Housing, Planning and Local Government if he will review the tenant incremental purchase scheme and the €15,000 minimum income requirement to avail of the scheme due to the significant number of persons who are being denied the scheme albeit living in the homes for decades in some cases; and if he will make a statement on the matter. [8447/20]
View answerThe Tenant (Incremental) Purchase Scheme which came into operation on 1 January 2016 is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.
The minimum reckonable income for eligibility under the scheme is calculated by the relevant local authority in accordance with the detailed provisions of the Ministerial Direction issued under Sections 24(3) and (4) of the 2014 Act. In calculating the minimum reckonable income, local authorities include income from a number of different sources and classes, such as from employment, private pensions, maintenance payments and certain social welfare payments, including pensions, where the social welfare payment is secondary to employment income.
In determining reckonable income, the income of all tenants of the house, including adult children that are joint tenants, is included, as is the income of the spouse, civil partner or other partner / co-habitant of a tenant who lives in the house with them, thus ensuring the appropriate level of discount is applied to the purchase price.
The minimum income criterion was introduced in order to ensure the sustainability of the scheme. Applicants must demonstrate that they have an income that is long-term and sustainable in nature. This ensures that the tenant purchasing the house is in a financial position, as the owner, to maintain and insure the property for the duration of the charged period, in compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant.
The financing of any house sold under the Tenant (Incremental) Purchase Scheme is a separate matter from the eligibility criteria for the scheme. If the tenant is deemed eligible under the scheme, he or she may fund the purchase of a house from one, or a combination, of his/her own resources or a mortgage provided by a financial institution or a local authority house purchase loan.
In line with the commitment given in the Government's Rebuilding Ireland Action Plan on Housing and Homelessness, a review of the operation of the first 12 months of the Tenant Purchase (Incremental) Scheme has been recently finalised and a full report has been prepared setting out findings and recommendations.
This issue is part of a significant body of work undertaken in my Department in relation to the broader social housing reform agenda. I expect that the review will be published once all the work on these reform measures are completed.
1172. Deputy Danny Healy-Rae asked the Minister for Housing, Planning and Local Government if he will address a matter regarding the opening of offices (details supplied); and if he will make a statement on the matter. [8509/20]
View answerLocal authorities have been to the fore in the national response to the COVID-19 crisis showing great flexibility and innovation in continuing to deliver services and functions under COVID-19 response restrictions, including the closure of public offices, since the end of March.
During this period local authorities put in place the new Community Call initiative to provide care to the vulnerable in communities that are cocooning and self-isolating. The Community Call provides an important “safety net” and local authorities around the country have handled nearly 44,200 calls since the start of April.
Now, as the country engages in a phased reduction of restrictions as set out in the Roadmap for Reopening Society and Business, local authorities are progressively planning for a phased re-opening of public offices in line with the Roadmap and the National Return to Work Safely Protocol.
Local authorities have developed a very comprehensive COVID-19 Work Safely: Health and Safety Guidance which consolidates national best practice and sets out the general principles to be applied to protect employees and to minimise the risk of spread of COVID-19 in their workplaces.
Local authorities are working to a timetable of specific public office re-opening in line with the five phases of the national Roadmap. For example, importantly, public office planning functions have resumed from 25 May. Other public-facing functions are targeted for delivery across Phases 2 and 3 of the Roadmap, subject of course to the public health assessment of the progress through the phases.
1173. Deputy Sean Fleming asked the Minister for Housing, Planning and Local Government the position regarding persons that are in arrears in their housing accommodation during the Covid-19 crisis; if landlords can issue notice to them regarding their arrears and consequences for not paying such arrears; and if he will make a statement on the matter. [8531/20]
View answerWith effect from 27 March 2020, under new emergency measures introduced into law to protect tenants during the COVID-19 emergency period, tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances. The measures also prohibit any increase to rent for the duration of the emergency period. Initially, these emergency laws will last for a period of 3 months, but they may be extended if the Government considers it necessary.
During the emergency period, a landlord can still serve their tenant with a warning notice if their tenant is in rent arrears or otherwise failing to fulfil their obligations. The landlord must give their tenant 28 days, rather than the usual 14 days, from receipt of a rent arrears warning notice to pay the arrears. The longer rent arrears warning notice during the emergency period is intended to afford more time for tenants to seek any necessary income support. A notice of tenancy termination cannot be served by a landlord during the emergency period for any reason.
Carrying out an illegal eviction, which includes prohibiting access to the property or making the property uninhabitable by disconnecting services, can result in damages of up to €20,000 being awarded to the tenant. The Residential Tenancies Board (RTB) can seek an injunction from the Courts to reinstate the tenant and continues to prioritise these cases during the emergency period.
The RTB is encouraging all customers who may require assistance or advice, including in relation to any threatened eviction, to contact them via their web chat service as there may be delays to their phone lines during the emergency period. The webchat service can be accessed at the following link: https://onestopshop.rtb.ie/contact-us/.
Tenants are required to pay rent to their landlord during the COVID-19 emergency period and, in the event of tenants having difficulty doing so, they are encouraged to engage with their landlords at the earliest opportunity. They should also engage with the Department of Employment Affairs and Social Protection (DEASP) as income supports and Rent Supplement are available to assist them. Further information on these supports can be found by calling the DEASP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the DEASP website at:
https://www.gov.ie/en/organisation/department-of-employment-affairs-and-social-protection/?referrer=https://www.welfare.ie/en/Pages/home.aspx
My Department and the RTB urge landlords to consider the negative impacts of COVID-19 on their tenants and to show forbearance where temporary rent arrears might arise. I have asked my Department to undertake a piece of research on the potential accumulation of rent arrears during the emergency period in conjunction with the ESRI as part of the established Department/ESRI housing research programme. The research will have regard to the range of rental and income supports being made available to those affected by COVID-19, and will assess the combined impact that these supports together with the changed consumption patterns have on the incidence of arrears.
My Department recently 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
1174. Deputy Danny Healy-Rae asked the Minister for Housing, Planning and Local Government the capital grants provided to Kerry County Council in 2018 and 2019 under the social housing investment programme to assist in the construction and renewal of social-rented accommodation for persons and families assessed as in need of housing support under categories (details supplied); and if he will make a statement on the matter. [8535/20]
View answerMy Department provides funding to local authorities to support a broad range of housing programmes, including the delivery of new social housing homes through build, acquisition and leasing and programmes which support maintenance, upgrades and improvement works to existing social housing stock.
The funding provided to Kerry County Council in 2018 and 2019 in respect of the various social housing construction programmes, social housing improvement works, Traveller Accommodation and Housing Adaptation Grants for Older People and People with a Disability are set out in the table below (in which "build" encompasses local authority and approved housing body build activity and regeneration). Funding under build programmes can vary from one year to the next depending on the stage of progress on individual projects.
In addition to capital funding provided for the categories of social housing activity referred to, it should be noted that my Department also provides capital funding for the acquisition of homes for social housing, as well as current funding for leasing homes, in addition to funding under the Housing Assistance Payment and the Rental Accommodation Scheme.
A full detailed breakdown of social housing delivery by local authority area is available on my Department's website at the following link: https://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision. In addition, the Q4 2019 Social Housing Construction Status Report, which contains scheme by scheme information on the progress of over 26,015 new social housing homes, either currently approved and progressing through planning, design and construction, as well as homes delivered to end Q4 2019, 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/.
|
Kerry County Council |
2018 €m |
2019 €m |
|
Social Housing Build |
19.96 |
22.32 |
|
Traveller Accommodation |
0.06 |
0.08 |
|
Social Housing Improvement Works |
0.57 |
0.73 |
|
Private Housing Grants |
2.18 |
2.55 |
1175. Deputy Marc MacSharry asked the Minister for Housing, Planning and Local Government if houses in County Sligo will be included for compensation regarding pyrite defects in their construction (details supplied); and if he will make a statement on the matter. [8542/20]
View answerIn 2013, the issue of external walls of dwellings displaying significant cracking in Donegal was raised with my Department. The nature of the problem related to the crumbling of the concrete blockwork in the external walls of affected dwellings, thereby compromising their structural integrity and giving rise to considerable personal distress to the many homeowners involved. At that time, several hundred homes were suspected to be affected in north Donegal. The presence of muscovite mica in abundant quantities in the aggregate constituent of the concrete blocks was suggested as being one of the main factors contributing to the deterioration of the concrete blocks.
By the end of 2013, similar problems had also come to light in both public and private dwellings located in west Mayo and Mayo County Council submitted a report to my Department on problems that had been identified with the concrete blockwork in their social housing stock. In this instance, it was the presence of pyrite in the aggregate constituent of the concrete block that was suggested as being one of the main factors contributing to the deterioration of the concrete blocks. The emergence of similar problems among private households located in County Mayo was also reported in 2013.
Over the course of 2014 and 2015, there were significant representations, media reports and letters from affected homeowners illustrating the increasing scale of the problems emerging in the two counties, the progressive nature of the external wall cracking and the resultant structural distress in the affected properties.
An Expert Panel on Concrete Blocks was established by my Department in 2016 and its terms of reference were limited to the investigation of the problems that have emerged in the concrete blockwork of certain dwellings in Counties Donegal and Mayo.
In 2017, the report of the Expert Panel was published and included eight recommendations, which my Department has been actively progressing with the relevant stakeholders.
With regard to Recommendation 1, a standardised protocol was published by the National Standards Authority of Ireland (NSAI) on 13 November 2018 and is available at www.nsai.ie.
This standard can be used by homeowners anywhere in the country, to assess and categorise the damage in properties where the concrete blocks are suspected to contain the minerals mica or pyrite, and it will inform the course of action in relation to remedial works for all such affected properties.
Previously, there was no common way for engineers or homeowners to assess the damage caused by defective concrete blocks, in order to decide what, if any, remedial work could be carried out. The standard:
1. establishes a protocol for assessing and determining whether a building has been damaged by concrete blocks containing certain excessive amounts of deleterious materials (free or unbound muscovite mica, or aggregate with potentially deleterious quantities of pyrite);
2. describes methods for establishing the extent of the problem;
3. describes the scope of any testing required; and
4. categorises buildings, in accordance with the standard, providing competent persons with guidance on the appropriate measures to be taken.
With regard to Recommendation 2, my Department has been in contact with Engineers Ireland in relation to the establishment of a register of competent engineers for homeowners/affected parties’ reference. In June 2019, Engineers Ireland established such a register, which is available at www.engineersireland.ie/Services/I-S-465-2018-Register.aspx.
The register lists Chartered Engineers, who have the necessary direct professional experience, competence and specialist training in accordance with the requirements set out in ' I.S. 465:2018 - Assessment, testing and categorisation of damaged buildings incorporating concrete blocks containing certain deleterious materials’.
In 2018, the Government agreed in principle to introduce a scheme to support affected homeowners in the counties of Donegal and Mayo to carry out the necessary remediation works to dwellings that have been significantly damaged due to defective concrete blocks.
I made Regulations under sections 2 and 5 of the Housing (Miscellaneous Provisions) Act 1979, with the consent of the Minister for Public Expenditure and Reform, to provide for a grant scheme of financial assistance to support affected homeowners in the counties of Donegal and Mayo to carry out the necessary remediation works to dwellings that have been damaged due to defective concrete blocks. Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020. The regulations came into operation on 31 January 2020, and my Department has recently completed the process of finalising guidelines, which have been issued to the relevant local authorities.
The scheme is targeted at assisting a restricted group of homeowners in the counties of Donegal and Mayo who have no other practicable options to access redress. It is not a compensation scheme and the regulations apply only in respect of qualifying works that have not commenced prior to confirmation of grant approval being issued in respect of a dwelling by the relevant local authority. Homeowners cannot seek the recoupment of costs associated with the remediation of a dwelling undertaken either prior to the commencement, or outside, of the scheme. This is in line with how similar Government schemes operate or have operated in the past, where prior approval is a key eligibility requirement.
Budget 2020 provides funding of €40 million to fund the operation of the pyrite remediation scheme and the defective concrete blocks grant scheme. Funding for future years will be agreed on an annual basis as part of the normal Estimates process and additional funding can be provided should it be required. Mindful that the scheme is being funded from the Exchequer the scope of the scheme cannot be open ended. The funding available must be used prudently to achieve the most efficient and cost effective outcomes.
1176. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if contact had been made between his Department and the EU Director General for Competition on the issue of the Land Development Agency since the conclusion of pre-legislative scrutiny of the Land Development Agency Bill 2019 by the Houses of the Oireachtas committee on housing, planning and local government; if so, the details of the contact; and if correspondence arising from same will be published. [8557/20]
View answerThe Department’s approach, based on advice to date, is that the economic functions of the Land Development Agency (LDA) do not give rise to an advantage either to the LDA or other parties under State Aid rules. The General Scheme of the Land Development Agency Bill 2019 was developed taking account of legal advice in relation to State Aid.
A General Scheme of the Land Development Agency Bill to establish the LDA as a commercial state body on a primary legislative basis was approved by Government for publication, consideration for pre-legislative scrutiny and priority drafting in July 2019. The pre-legislative scrutiny process is now complete and the Committee's report has been received by my Department and is being considered in the context of the further development of the proposed legislative provisions.
The European Commission was informed about the Land Development Agency at the time of its establishment in August 2018. The next step will be a structured engagement with the Commission through its informal preliminary procedure. This will be based on information from the LDA on its business model as well as the draft LDA Bill, when approved by Government, outlining the nature and role and functions of the LDA. This structured engagement is consistent with the approach taken in relation to other commercial state bodies and reflects the specific nature of the LDA.
1177. Deputy Duncan Smith asked the Minister for Housing, Planning and Local Government if there is a grant for the replacement of old septic tanks; if so, if it is available to all households; if a review of previous grants is being prepared; and if he will make a statement on the matter. [8558/20]
View answerUnder the Domestic Waste Water Treatment System (Financial Assistance) Regulations 2013, a grant scheme was introduced to assist owners of premises connected to domestic wastewater treatment systems (more commonly known as septic tanks) with the costs of remediation, repairs and upgrading to or replacement of, such treatment systems where the works arise directly from an inspection and the subsequent issue of an Advisory Notice by the local authority.
The scheme was subject to a means test of gross household income and level of grant aid available was based on either 50% or 80% of the approved costs of works.
In 2019, I approved a new funding scheme under the Multi-Annual Rural Water Programme 2019-2021 to replace the current grant scheme. In order to ensure greater uniformity with other measures in the Multi-Annual Rural Water Programme, the means test that previously applied to this grant scheme is being removed and the level of grant support is being increased to 85% of the eligible costs of installation/upgrade subject to a maximum grant of €5,000 whichever is the lesser. The grant scheme is also being expanded to support the attainment of water quality objectives in what are called ‘high status objective catchment’ water areas and ‘prioritised areas for action’, as identified in the River Basin Management Plan for Ireland 2018-2021.
In recent days I made a number of regulations to give effect to the new Scheme, details of which will be available on my Department's website from today.
1178. Deputy Duncan Smith asked the Minister for Housing, Planning and Local Government the number of Rebuilding Ireland home loans drawn down by each local authority; if all local authorities have allocated the funding provided; and if he will make a statement on the matter. [8562/20]
View answerThe Rebuilding Ireland Home Loan (RIHL) was launched on 1 February 2018. When the RIHL was initially being developed, it was estimated that the drawdown of loans under the scheme would be approximately €200 million over three years. The RIHL proved to be more successful than initially anticipated and following discussions with the Department of Public Expenditure and Reform, an increase in funding of €363.6 million for 2018-2019 was communicated to all 31 local authorities on 15 August 2019.
Following further engagement with the Department of Public Expenditure and Reform, additional funding for new RIHL lending of up to €210 million has been secured for 2020.
It is recognised that current applicants for a Rebuilding Ireland Home Loan may be experiencing difficulties arising out of COVID-19 restrictions, including, for example accessing financial documents; property visits and valuations; solicitors visits etc. Therefore, local authorities are being asked to show flexibility when dealing with applicants at all stages of the Rebuilding Ireland Home Loan process from application through to approval, drawdown and (where relevant) appeal and should extend the time periods as necessary to accommodate those who may be experiencing difficulties arising out of COVID 19 restrictions. For existing applicants, local authorities are advised to ensure that final loan offers are made based on up to date financial and employment data from applicants as appropriate, having regard to the implications that COVID-19 has had for many businesses and employers.
My Department publishes information on the overall number and value of (i) local authority loan approvals and (ii) local authority loan drawdowns. Local authority approval means that an official letter of offer has been sent to a borrower (and therefore relates to a specific property and loan amount).
Information on the Rebuilding Ireland Home Loan for 2019, including the number and value of mortgage approvals and drawdowns, as well as average loan amounts, are available on my Department's website at the following link:
https://www.housing.gov.ie/housing/statistics/house-prices-loans-and-profile-borrowers/local-authority-loan-activity
This information will be updated on a quarterly basis as additional data is compiled.
Information on the Rebuilding Ireland Home Loan for 2018 is also available through this link and can be found under local authority loans approved and local authority loans paid, however these figures are not detailed by loan type.
1179. Deputy Aindrias Moynihan asked the Minister for Housing, Planning and Local Government the timeline for decisions on national funding under the Multi-Annual Developer Provided Water Services Infrastructure Resolution Programme 2019-2021 under the application submitted by Cork County Council and specifically the application for Crossbarry, County Cork; and if he will make a statement on the matter. [8571/20]
View answerIn July 2019, my Department launched the multi-annual Developer-Provided Water Services Infrastructure Resolution Programme 2019-2021. Bids were sought from local authorities for funding under the programme and nineteen local authorities with Developer-Provided Water Services Infrastructure in estates in their areas made applications for funding. Cork County Council included Crossbarry in its application.
My Department has completed a preliminary evaluation and clarification process on the bids received from the local authorities. An Expert Panel, which includes Departmental, stakeholder and independent representation, has been appointed to examine the bids. The Panel has held a number of meetings already, with a further meeting scheduled for this week.
The Expert Panel will make recommendations on the suitability of projects for funding under the programme. This will be based on criteria set out in the Framework document issued to local authorities when requesting proposals. It is expected that an announcement on approvals and allocations will be made once that process is concluded in late Q2 2020.
1181. Deputy Jack Chambers asked the Minister for Housing, Planning and Local Government if a reply will issue to correspondence (details supplied); and if he will make a statement on the matter. [8668/20]
View answerFirstly, I wish to acknowledge Deputy Chambers’ original correspondence to my office and apologise that the intended response did not issue before this date.
My Department has taken a number of important steps in response to the current Covid19 pandemic to ensure that our planning system continues to operate in a manner that will ensure public participation throughout the period of public health restrictions.
On 29th March, 2020, in conjunction with the Government and taking account of the considerations under Section 251A(5) of the Planning and Development Act, 2000 as amended, I made Orders which extended a range of specified/appropriate periods and timelines under this Act, and a number of other related Planning Acts and associated regulations.
This meant that such periods were initially extended in duration from 29th March 2020 and ultimately extended until Saturday 23rd May 2020 inclusive, comprising a total period of eight weeks (56 days).
Regarding judicial review timelines and the effect of the Section 251A order, as the period of time for making an application for leave to seek judicial review a planning decision is set out in the Planning and Development Act 2000 (as amended), the extended period covered by the Section 251A Order applies.
Time limits for judicial review are therefore extended by the period of duration of the Order that is applicable to each individual case. For applications for judicial review on decisions made prior to the 29th of March 2020, the portion of the statutory period in which judicial review may be sought, that remained on the coming into effect of the Section 251A order on 29th March 2020, now resumes from 24th May 2020.
In each case, the exact calculation of the statutory time period in which judicial review may be sought, will depend on the date the decision was made and is subject to legal advice on a case by case basis.
1182. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if Land Development Agency staff are designated as public officials under the Regulation of Lobbying Act 2015; if not, the reason; and if he will examine ways in which to ensure they are required to register as designated public officials. [8676/20]
View answerThe Land Development Agency (LDA) was established on an interim basis in September 2018, by way of an Establishment Order (S.I. 352 of 2018, as amended by S.I. 603 of 2018) made under the Local Government Services (Corporate Bodies) Act 1971, pending the enactment of primary legislation when it will be established as a commercial State agency.
The designation of categories of officials under the Regulation of Lobbying Act 2015 is generally a matter for the Minister of Public Expenditure and Reform. Currently, commercial State bodies are exempt from the Act as their dealings are generally commercially sensitive. As the LDA is to be established under primary legislation as a commercial State body, the directors in the LDA have not thus far been designated as Designated Public Officials (DPOs) as they are not civil servants.
A General Scheme of the Land Development Agency Bill to establish the LDA as a commercial state body on a primary legislative basis was approved by Government for publication, consideration for pre-legislative scrutiny and priority drafting in July 2019. The pre-legislation scrutiny process is now complete and the Committee’s report has been received by my Department. My Department is currently considering this Report, including recommendations in relation to the application of the Lobbying Act to the LDA, in the context of the further development of the proposed legislation.
1183. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the funding being provided for the social and affordable housing development at Shanganagh Castle, Dún Laoghaire, County Dublin. [8677/20]
View answerMy Department is aware of Dún Laoghaire Rathdown County Council’s (DLR) proposed plans for the development of social, affordable purchase and cost rental housing on their site at Shanganagh Castle. The county council, together with the Land Development Agency (LDA), have submitted a Part 10 planning application to An Bord Pleanála for this development with a decision expected by the middle of July.
In relation to the social housing element of this development my Department has been in early discussions with the county council with a view to providing funding through the Social Housing Capital Investment Programme. Following the decision of An Bord Pleanala, the Department will work with the county council and the LDA as the detailed design and programme planning progresses. A final decision has not yet been made in relation to the Department's allocation.
While Departmental Serviced Site grant funding (SSF) may be made available local authorities on an application basis to support facilitating infrastructure for affordable homes, it is anticipated that the capital cost associated with the construction of these homes would be funded via LDA/LA sources.
1184. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the land that has been transferred to the Land Development Agency to date; and if no such land can or will be transferred to it prior to the agency being put on a statutory footing. [8678/20]
View answerOn establishment, the Land Development Agency (LDA) had access to an initial tranche of 8 sites that have near term delivery potential for 3,000 new homes. The sites concerned are as follows:
1. Central Mental Hospital Site, Dundrum
2. Hampton, Balbriggan
3. Hacketstown, Skerries
4. Devoy Barracks, Naas
5. Former Meath Hospital, Dublin City Centre
6. St. Kevin's Hospital, Cork
7. Columb Barracks, Mullingar
8. Dyke Road, Galway
In addition, in partnership with Dun Laoghaire Rathdown County Council, the LDA have submitted a planning application for the development of 597 homes on a site in Shanganagh.
Under Article 13(a) of the LDA's Establishment Order (S.I. 352 of 2018 as amended by S.I. 603 of 2018), the LDA may acquire ownership of lands and buildings. However, ownership of sites will generally not transfer to the LDA until the Land Development Agency primary legislation, which provides for capitalisation of the LDA from the Ireland Strategic Investment Fund (ISIF), is enacted. The transfer of local authority lands is a matter for local authorities under Section 183 of the Local Government Act 2001, as amended.
The General Scheme of the Land Development Agency Bill to establish the LDA as a commercial state body on a primary legislative basis was approved by Government for publication, consideration for pre-legislative scrutiny and priority drafting in July 2019. The pre-legislative scrutiny process is now complete and the Committee's report has been received by my Department and is being considered in the context of the further development of the proposed legislative provisions. In this context, it is envisaged that provision will be made for a range of options in relation to site development, including options where ownership may remain with the relevant public body, with the LDA working in co-operation with those bodies in the development of their lands for housing.
The absence of the primary legislation is not preventing the LDA from progressing sites. In addition, because the sites are public lands, rather than lands in private ownership, the issue of ownership and transfer is not an obstacle to early progress. In relation to the sites referenced above, the LDA has entered into pre-sale agreements with the land owners, as appropriate, to ensure that it has full access to the sites to carry out necessary pre-construction activities. Significant preparatory work is already underway in relation to the initial sites, with feasibility, planning and other preparatory works already initiated.
1185. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if the public relations consultancy acting for the Land Development Agency is a company (details supplied); if his attention was drawn to this appointment before it was made; and his views on whether there is a conflict of interest in this relationship in view of the fact the company has other residential developers on its books. [8679/20]
View answerThe day to day management of the Land Development Agency (LDA) , including procurement of services, is a matter for the Chief Executive and his management team reporting to the LDA Interim Board. The LDA is not required to inform me before it procures such services.
As with all State bodies operating under the aegis of my Department, arrangements have been put in place by the LDA through which Oireachtas members can request information directly from the Agency in relation to operational matters - in this regard, the LDA may be contacted directly at oireachtas@lda.ie.
In order to assist the Deputy, the LDA have supplied the following information to my Department. The LDA stated that they previously tendered for media and communication services and that this tender process was carried out in accordance with the EU Public Directive 2014/24/EU. Within the documentation issued, all tenderers were requested to fully disclose any conflict of interest in their tender submission. Evidence of existing clients was included with the tender and the LDA evaluation team did not determine a conflict of interest existed between the successful tenderer and the work of the LDA.
1186. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the fact that the planning application submitted by Dún Laoghaire-Rathdown County Council for social and affordable housing in Shanganagh includes proposals to apply the build to rent apartment standards to the social housing component of the development; and if this complies with the standards for social housing issued by his Department. [8715/20]
View answerI refer also to the reply to Question no 1183 on today’s order paper. It is understood that approximately 600 housing units are proposed for the Shanganagh Castle development to be developed by the Land Development Agency to comprise 30% Social Housing, 55% Cost Rental and 15% Affordable Purchase. Compliance with relevant guidelines and standards is a matter for An Bord Pleanála in the context of its consideration of the planning application. It is understood that the Board is due to make its decision on the application in July.
Under section 30 of the Planning and Development Act 2000, as amended, I am precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned, except in specified circumstances, which do not apply in this case.
1187. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the reason his Department is providing a latent defects redress scheme for homeowners affected by pyrite and MICA in counties Mayo and Donegal but refusing to provide similar supports to homeowners with latent defects in other parts of the country; and his views on whether this selective approach to assisting only some homeowners with latent defects could be classed as discriminatory to those homeowners with latent defects that are receiving no support to address serious fire safety and structural issues with their homes. [8716/20]
View answerI made Regulations under sections 2 and 5 of the Housing (Miscellaneous Provisions) Act 1979, with the consent of the Minister for Public Expenditure and Reform, to provide for a grant scheme of financial assistance to support affected homeowners in the counties of Donegal and Mayo to carry out the necessary remediation works to dwellings that have been damaged due to defective concrete blocks. Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020.
The defective concrete blocks grant scheme is primarily a grant scheme of financial assistance to support affected homeowners to carry out the necessary remediation works to dwellings that have been damaged due to defective concrete blocks, in order to stay in their homes. Significant damage has manifested in these dwellings and they continue to deteriorate. The damage arises as a result of products/materials which were defective, these defects were not however readily recognisable at the time of construction. Householders will be required to demonstrate that they have no other avenues of recourse; whether back to the suppliers of the product or under any insurance cover that may have been in place, in order to be eligible for the grant. It is a scheme of last resort.
In the interest of supporting owners and residents living in developments where concerns regarding non-compliance with fire safety requirements arise, it was agreed that a review be undertaken by an independent fire expert to develop a framework for general application. In August 2017, the Framework for Enhancing Fire Safety in Dwellings was published, which is intended to be used as a guide by the owners and occupants of dwellings (houses and apartments) where fire safety deficiencies have been identified, or are a cause for concern. The Framework will also be of assistance to professional advisors, both in developing strategies to improve fire safety and in developing strategies to enable continued occupation in advance of undertaking the necessary works to ensure compliance with the relevant Building Regulations. The Framework is available on my Department's website at the following link: https://www.housing.gov.ie/sites/default/files/publications/files/framework_for_enhancing_fire_safety_in_dwellings.pdf .
In addition, following the Grenfell Tower fire tragedy in June 2017, and in light of public concerns for fire safety, I established the Fire Safety Task Force – to examine fire safety in Ireland, consider information emerging in respect of the Grenfell Tower fire, and make recommendations.
Following finalisation of the Task Force report, Fire Safety in Ireland, in May 2018, I brought the report to Government. I also tasked the Management Board of my Department’s National Directorate of Fire and Emergency Management (NDFEM) to implement the recommendations that are within my Department's remit, and to oversee the implementation of other recommendations.
In response to the Task Force recommendations, the NDFEM Board has brought forward a number of initiatives, including proposals for regulatory provisions and guidance for ensuring fire safety in buildings, and for fire services.
Copies of both the Report and the Summary of Conclusions and Recommendations are available on my Department’s website at the following links:
Fire Safety Task Force Report:
http://www.housing.gov.ie/sites/default/files/publications/files/fire_safety_in_ireland_-_report_of_the_fire_safety_task_force.pdf .
Summary of Conclusions and Recommendations:
http://www.housing.gov.ie/sites/default/files/publications/files/fire_safety_in_ireland_-_report_summary_of_conclusions_and_recommendations.pdf .
It should be noted that when a building is constructed and occupied, statutory responsibility for safety is assigned by section 18(2) of the Fire Services Acts, 1981 & 2003, to the ‘person having control’ of the building. The person having control is required to take reasonable measures to guard against the outbreak of fire and to ensure the safety of persons in the event of fire. In multi-unit developments, the "person having control" is generally the Owner Management Company.
Under the Multi-Unit Developments Act 2011, (which is under the remit of the Minister for Justice and Equality), the owner management company must establish a scheme for annual service charges and a sinking fund for spending on refurbishment, improvement or maintenance of a non-recurring nature of the multi-unit development.
I believe that the building control reform agenda already well underway provides a comprehensive roadmap for embedding an enhanced culture of compliance and accountability within the construction industry and for strengthening the building control framework in Ireland. The reform agenda includes: amendments made to the Building Control Regulations; the National Building Control Management Project; and the ongoing development of new legislation through the Building Control (Construction Industry Register Ireland) Bill.
My focus will remain firmly on ensuring the full roll out of the building control reform agenda, to ensure that all those that engaged in the construction sector take their responsibilities seriously and are appropriately held to account.
1188. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if the 733 leased Part V units delivered in 2019 were in addition to or included in the 1,326 Part V units reported in the table included with the press release on the 2019 social housing output released on 22 May 2020 and published on his Departments website; if the same 733 leased Part V units are included in the 1,161 leased total detailed in the same table in the press release; and if so, if this means that the 733 leased Part V units have been double counted in the stock total figure of 10,007 figure in the same table in the same press release. [8717/20]
View answer1189. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if the 733 leased Part V units delivered in 2019 are lease to buy or if the property reverts to the private owner at the end of the lease term. [8718/20]
View answerWorking collectively with Approved Housing Bodies, local authorities in Ireland provided 10,007 built, bought or leased homes in 2019. Each of the 10, 007 homes reported in the 2019 social housing output on 22 May 2019 represents an individual home. Statistical returns of all completed homes are submitted and verified by the relevant local authority. All returns are then validated by My Department to ensure the integrity of the data and avoid duplication of outputs.
Of the 733 Part V dwellings delivered in 2019 and supported under the Social Housing Current Expenditure Programme (SHCEP), 719 were delivered under the Capital Advance Leasing Facility (CALF) Part V and are owned by the relevant Approved Housing Body. The remaining 14 dwellings were delivered under a Part V lease and will revert to the owner at the end of the lease term. The relevant local authority may seek to renew the lease or acquire the property at the end of the lease term.
1190. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 1342 of 20 May 2020, if he will clarify the role and function of the RTB in enforcing the emergency legislation that sought to provide protection for all tenants from eviction during the period of the Covid-19 crisis; and the reason the RTB is refusing to support tenants facing evictions or the withholdings of deposits during the Covid-19 crisis due to the fact their tenancies are not covered by the 2004 Act, when such evictions are in clear breach of the emergency legislation which a previous response made clear extended to all tenancies even those not covered by the 2004 Act. [8731/20]
View answerThe Residential Tenancies Board (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. Section 3 of the Residential Tenancies Acts 2004 - 2019 provides that those Acts apply to every dwelling the subject of a tenancy, subject to certain exemptions which include situations where the landlord also resides in the building or part of the building concerned. Section 37 of the Residential Tenancies (Amendment) Act 2019 extends the application of the Residential Tenancies Acts, with necessary modification, to certain licences in student-specific accommodation. The Emergency Measures in the Public Interest (Covid-19) Act 2020, while containing new temporary measures and amendments to the 2004 Act, did not alter or amend the functions of the RTB.
1191. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government if he will address matters regarding a project (details supplied); the details of the project; and if he will make a statement on the matter. [8737/20]
View answer1249. Deputy Sorca Clarke asked the Minister for Housing, Planning and Local Government the assessments that have been carried out on the site of Columb Barracks, Mullingar, County Westmeath, to ascertain its suitability for future mixed development incorporating the community groups operating from the site. [9534/20]
View answer1250. Deputy Sorca Clarke asked the Minister for Housing, Planning and Local Government the audit of viability that has been carried out on the site of Columb Barracks, Mullingar, County Westmeath, regarding future housing development; and if a site map of the housing development including potential vehicular access points will be provided. [9535/20]
View answerI propose to take Questions Nos. 1191, 1249 and 1250 together.
On establishment of the Land Development Agency (LDA), the Agency was tasked with the development of an initial tranche of 8 sites, including the Columb Barracks site in Mullingar.
On the basis of information provided by the LDA to my Department, I can indicate that a design team has been appointed for a site which includes the former Columb Barracks and adjoining playing pitches. The design team are currently advancing a development framework and outline design for the site that can deliver approximately 200 units of which approximately 100 units can be delivered as part of phase one of the project. To facilitate this initial outline design process the LDA will be carrying out a survey of the site, its protected structures and existing buildings.
As the project is at the outline design stage, it is not currently possible to provide a map of the development and access points. Once preliminary design is advanced, the LDA will commence the consultation process with Westmeath County Council - including the elected members - and other key stakeholders including the local community and community groups currently based on site. The LDA are fully committed to maintaining open lines of communication with all stakeholders throughout the life cycle of the development. Any planning applications that are made pursuant to these engagements will be consistent with the development plans, local area plans and national planning policy.
As with all State bodies operating under the aegis of my Department, arrangements have been put in place by the LDA through which Oireachtas members can request information directly from the Agency in relation to operational matters - in this regard, the LDA may be contacted directly at oireachtas@lda.ie.
