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Tuesday, 9 Jun 2020

Written Answers Nos. 701-720

Irish Water

Questions (701)

Francis Noel Duffy

Question:

701. Deputy Francis Noel Duffy asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 1301 of 13 May 2020, the discussions he has had with Irish Water regarding drought conditions; when these discussions took place; the contingency plans in place; and if he is drawing up plans and policies on water scarcity and drought. [10003/20]

View answer

Written answers

My officials kept me informed since March in relation to the water supply situation arising from the current dry spell and the risks of encountering a situation much like the one faced in the summer of 2018. Officials from my Department are also maintaining ongoing close contact with Irish Water and the National Federation of Group Water Schemes throughout this period. With the impact of the drought conditions continuing, my Department has now reconvened the Water Quality Sub-Group that sat during the drought period in 2018.

Chaired by my Department, this multi-agency drought response coordination group considered the issues arising from the extended period of warm weather at its first meeting on Thursday, 4th June 2020. The group will meet again today (Tuesday, 9th June).

This group facilitates communication between relevant organisations and provides a means of coordinating the actions taken in response to the drought conditions.

The group consists of Irish Water, National Federation of Group Water Schemes, Inland Fisheries Ireland, the Health Service Executive, the Office of Public Works, the ESB, Met Éireann, and the EPA, and representatives from the local authority sector.

The National Directorate for Fire and Emergency Management, under the remit of my Department, is also keeping the situation under review and can escalate the response as necessary. At present, issues will continue to be managed by the relevant sectors under the increased level of co-ordination referred to above, as is appropriate to the current situation.

As the body with statutory responsibility for all aspects of public water services planning, delivery and operation at national, regional and local levels, Irish Water has a dedicated Drought Management Team which it activates during periods of shortages and droughts to assess and monitor demand on water supplies.

Following their recent public information campaign urging the public to conserve water, Irish Water has now issued a national Water Conservation Order (more commonly known as a hosepipe ban) with effect from Tuesday, 09 June 2020. The Order is being put in place following increased demand on water supplies and the deteriorating drought conditions. More information on what is being done and what the public can do to lessen the pressures on water supplies is available at www.water.ie/water-supply/water-shortages/.

Looking beyond the current dry period, the National Development Plan supports significant investment to deliver robust and reliable water supplies that are climate resilient and that meet both current and future demands. Under the Plan, the Government has committed €8.5 billion to improving the public water system. Of this €2.9bn is aimed at providing a safe and reliable water supply, which includes a national programme of investment to tackle leakage through the find and fix initiative (active leakage control). Over €500m is targeted at water mains rehabilitation.

Rent Pressure Zones

Questions (702)

Emer Higgins

Question:

702. Deputy Emer Higgins asked the Minister for Housing, Planning and Local Government his plans for rent pressure zones and the exemptions that exist enabling landlords to increase the rent by more than 4%; if improving the energy efficiency of a house is considered an acceptable reason for an exemption; his views on whether these exemptions need to be tightened to protect tenants; and if he will make a statement on the matter. [10054/20]

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Written answers

The Residential Tenancies (Amendment) Act 2019 Act provides a legal definition of ‘substantial change in the nature of rental accommodation’ to illustrate the type of works to be carried out to a rental property to qualify for an exemption from the annual rent increase restriction applicable in Rent Pressure Zones (RPZs).

Such works shall result in:

- a permanent extension increasing the floor area by 25%; or

- an improvement in the Building Energy Rating (BER) by at least 7 ratings; or

- at least 3 of the following:

a) a permanent alteration of the internal layout; b) adaptations for a person with a disability; c) a permanent increase in the number of rooms; d) an improvement in the BER by 3 or more ratings where the original BER was D1 or lower; or e) an improvement in the BER by 2 or more ratings where the original BER was C3 or higher

and the aforementioned works do not solely consist of works carried out for the purposes of compliance with the minimum standards in rented accommodation, as prescribed in the Housing (Standards for Rented Houses) Regulations 2019.

The exemptions to the RPZ rent increase restriction were the subject of careful consideration and debate in the Houses of the Oireachtas during the passage of the 2019 Act .

The new legal definition has provided better tenancy protection and greater clarity for tenants, landlords, the Residential Tenancies Board (RTB) and the courts. I have no plans at this time for any further changes to the exemptions to the RPZ annual rent increase restriction.

Local Authority Contracts

Questions (703)

Ruairí Ó Murchú

Question:

703. Deputy Ruairí Ó Murchú asked the Minister for Housing, Planning and Local Government the tender process for local authorities for the hiring or purchasing of plant machinery; if contracts for plant machinery for local authorities have to be tendered on a yearly basis; and if he will make a statement on the matter. [10138/20]

View answer

Written answers

I have no direct role in the procurement practices of individual local authorities. In accordance with section 149 of the Local Government Act 2001, the Chief Executive of a local authority is responsible for the executive functions of the authority, which includes procurement.

The Office of Government Procurement (OGP), an office within the Department of Public Expenditure and Reform, was established for the purpose of centralising procurement arrangements for common goods and services across the public sector, including local authorities. The OGP has established a number of Framework Agreements and Contracts for goods and general services.

The Local Government Operational Procurement Centre (LGOPC) has responsibility for the operation of certain procurement categories. The LGOPC operates the SupplyGov frameworks website, acting as a central procurement authority for those categories.

My Department works closely with the Local Government Strategic Procurement Centre (LGSPC), which acts as a conduit between the Department, the local government sector and the OGP; my Department is represented on the LGSPC Programme Board. The LGSPC provides additional guidance to local authorities to support compliance with the use of all national frameworks and application of all relevant legislation and circulars relating to procurement.

Local Authority Funding

Questions (704, 705, 712)

Brendan Smith

Question:

704. Deputy Brendan Smith asked the Minister for Housing, Planning and Local Government the measures he plans to implement to assist local authorities with their funding programmes due to the serious reduction that will occur in their income in 2020 due to the contraction in business activities; and if he will make a statement on the matter. [10195/20]

View answer

Brendan Smith

Question:

705. Deputy Brendan Smith asked the Minister for Housing, Planning and Local Government his plans to increase the rates of reimbursement for local authorities at a higher rate than originally announced due to the closure of businesses caused by Covid-19; and if he will make a statement on the matter. [10196/20]

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Jennifer Whitmore

Question:

712. Deputy Jennifer Whitmore asked the Minister for Housing, Planning and Local Government if confirmation of funding for local authorities to compensate for additional expenditure or income losses other than rates losses due to Covid-19 will be given; and if he will make a statement on the matter. [10368/20]

View answer

Written answers

I propose to take Questions Nos. 704, 705 and 712 together.

Since the outbreak of the Covid-19 pandemic, my Department has taken a number of measures to assist local authorities with the financial difficulties they are experiencing.

At the outset and to minimise cash flow challenges, my Department arranged for the early payment of Local Property Tax (LPT) to all local authorities. As a short term measure, my Department made €136m available to local authorities as cash flow support in early April, in order to ensure that vital services that local authorities deliver can be maintained. This support was comprised of the early payment of the LPT allocation ordinarily paid from the Local Government Fund in May and July.

On 2 May 2020, the 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. The costs involved will be met by the Exchequer. My Department is currently preparing further guidance for local authorities on this initiative.

In order to support the local government sector generally, my Department will continue to keep local authority income, expenditure and cash flow generally under review and will continue to work with all local authorities, both collectively and individually, on issues arising.

Question No. 706 answered with Question No. 698.

Local Authority Members

Questions (707)

Éamon Ó Cuív

Question:

707. Deputy Éamon Ó Cuív asked the Minister for Housing, Planning and Local Government when a report (details supplied) will be published; the reason for the delay in publishing the report; and if he will make a statement on the matter. [10202/20]

View answer

Written answers

A Review of the Role and Remuneration of Local Authority Elected Members, led by Ms Sara Moorhead SC, was initiated by the Minister of State for Local Government and Electoral Reform, in conjunction with the Minister for Public Expenditure and Reform, in June 2018. Ms Moorhead's final report was formally submitted to me for my consideration on 22 May 2020.

I am considering the Report, including in terms of submission to the Department of Public Expenditure and Reform for consideration in the context of public sector pay, and thereafter submission to Government.

Fire Stations

Questions (708)

Thomas Pringle

Question:

708. Deputy Thomas Pringle asked the Minister for Housing, Planning and Local Government the fire stations within County Donegal that were refurbished or extended; the number of fire appliances supplied to Donegal County Council; if the vehicles were new or second-hand vehicles purchased; the cost of each item under the 2016-2021 €40 million Fire Service Capital Programme in each of the years 2016 to 2019 and to date 2020, in tabular form; and if he will make a statement on the matter. [10228/20]

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Written answers

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, 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 the fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects and equipment.

My Department has channelled significant investment to fire authorities over the last number of years to improve the quality of Ireland’s fire service infrastructure. Donegal County Council, in partnership with my Department, has made substantial progress in modernising fire stations in the county. They have replaced 12 of the 15 fire stations in the county from 1998 to 2009, with investment of some €11 million by my Department.

In February 2016, my Department announced a five-year Fire Services Capital Programme with an allocation of €40 million, based on an annual €8 million allocation, to be used for the purchase of fire appliances and specialist equipment, building or upgrading of prioritised Fire Stations, an upgrade of the Communications and Mobilisation system and improvements to Training Centres.

My Department reviews the status of projects on the list on an annual basis, and adjustments, including some additions, are made to the published five-year programme. This includes consideration of additional fire station projects from fire authorities which fit the normal fire station project criteria and where an appropriate business case is presented. My Department has indicated to Donegal County Council that it will consider a proposal for advancing a fire station project in the south of the county as part of this Programme.

The investment by my Department in new vehicles and appliances for Donegal Fire and Rescue Service since 2016 is set out in table 1 below, and includes two new Class B fire appliances as well as four new all-wheel drive (AWD) vehicles.

Table 1- New vehicles provided under Fire Services Capital Programme to Donegal Fire Service

Year

Vehicle type

Amount €

2016

Three AWD vehicles

104,278

2017

One AWD vehicle

75,353

One 'Class B' fire appliance

398,686

2019

One 'Class B' fire appliance

452,294

Total

1,030,611

My Department has also approved funding for the purchase of previously owned vehicles/appliances and other capital items during the 2016-2019 period. Details of these are set out in table 2 below.

Table 2 Previously Owned etc. Vehicles/Appliances etc. provided under the Fire Services Capital Programme to Donegal Fire Service

Year

Capital Expenditure Type

Notes

Amount € (ex VAT)

2016

Two ‘Class B’ fire appliances

Previously Owned

90,000

2017

Emergency Vehicle

Previously Owned

50,000

Two 'Class B' fire appliance

Previously Owned

90,000

2018

Two 'Class B' fire appliance

Previously Owned

95,000

2019

Water Tanker

New

130,000

Incident Command Vehicle

Refurbished

52,000

Total

507,000

I understand that not all payments listed in table 2 have so far been claimed by the Council.

Direct Provision System

Questions (709)

Roderic O'Gorman

Question:

709. Deputy Roderic O'Gorman asked the Minister for Housing, Planning and Local Government the number of community response forums which contain direct representation from persons living in direct provision including asylum seekers in temporary emergency accommodation by county; if they are not directly represented, if an assessment is being carried out in each county to ascertain if information is being adequately relayed from the forum to this cohort of persons; and if he will make a statement on the matter. [10332/20]

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Written answers

The Community Call initiative is a coming together of National Government with Local Government and the Community and Voluntary Sector, to put in place a safety net for people who are cocooning and need extra help at this time, particularly if their usual networks of support are unable to reach them. Forums were put in place in all 31 local authority areas over the weekend of 28/29 March.

Under the leadership of local authorities, each Fora includes public sector organisations, such as the HSE, An Garda Siochána and Civil Defence, national organisations, like Alone and An Post and Community and Voluntary organisations. Membership of each Fora is managed locally, and based on local needs and capacities to respond.

The role of the Fora is ensure that everyone who needs support is identified, the support required is carefully assessed and the appropriate practical support is provided, by a trusted source. Such practical supports include the collection and delivery of food, meals, fuel, medication, pensions and other essential items, in strict accordance with public health advice.

To support the work of the Forums further, in early April, my colleague, Mr Michael Ring TD, Minister for Rural and Community Development launched an Emergency Fund fund to support the community response. This €2.5m fund was to provide immediate and urgently needed funding to community and voluntary groups participating in the "Community Call” initiative. Local Authorities are administering this fund.

At national level, an oversight group, chaired by my Department and comprising representatives from the Departments of Rural and Community Development, Health and An Taoiseach, as well as the County and City Management Association (CCMA) and Local Government Management Agency (LGMA), oversees the operation of the Community Call initiative.

The Oversight Group includes representation from the National Public Health Emergency Team (NPHET) COVID-19 Subgroup - Vulnerable People. Specific responsibility for people in direct provision rests with my colleague, the Minister for Justice and Equality, and my Department has no role in that regard. I understand that Department is represented on the NPHET Vulnerable People Sub Group.

Where needs are identified in the community, practical supports can be and are being provided via Community Call Fora at a local level. The provision of such supports is for each Forum.

Building Regulations

Questions (710)

Michael Lowry

Question:

710. Deputy Michael Lowry asked the Minister for Housing, Planning and Local Government if the Building Control Act 2007 will be amended to include a grandfather clause for those with acquired rights to enable them to continue to certify as architects without being criminalised; and if he will make a statement on the matter. [10338/20]

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Written answers

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 second prescribed register admission examination as currently provided for under this section. 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.

Housing Data

Questions (711)

Michael McGrath

Question:

711. Deputy Michael McGrath asked the Minister for Housing, Planning and Local Government the number of public housing units built by local authorities and approved housing bodies since the foundation of the State; and if he will make a statement on the matter. [10345/20]

View answer

Written answers

There is no single, comparable set of data pertaining to the output of public housing in the State which spans the near century covered by the Deputy's query.

The Central Statistics Office does hold records pertaining to housing units 'rented from Local Authority', which span back to prior to the formation of the State but even in the early decades of the State some of the these homes were supplied through the purchase of homes rather than new build so it is not possible to isolate the number built from the number delivered.

Some of this data from the early decades of the State may be accessed at the following link:

https://statbank.cso.ie/px/pxeirestat/Statire/SelectVarVal/Define.asp?Maintable=E1018&Planguage=0

Since the outset of the Rebuilding Ireland Action Plan we have sought to make an unprecedented volume of data publicly and transparently available. To this end, quarterly monitoring across the various output streams are published to the both my Department's website and to the Open Data Portal in searchable and configurable formats.

Furthermore, a quarterly Social Housing Construction Status Report outlines an Appendix of every scheme completed and in progress, broken down by both Local Authority Area and by funding programme.

Q4 Social Housing Construction Status Report:

https://rebuildingireland.ie/news/minister-murphy-publishes-social-housing-construction-status-report-for-q4-2019-2/

Social Housing Delivery (c.2000 onwards)

https://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision

Open Data Portal (configurable files)

https://data.gov.ie/dataset?organization=department-of-housing-planning-and-local-government&theme=Housing

Question No. 712 answered with Question No. 704.

Housing Data

Questions (713)

Cian O'Callaghan

Question:

713. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the number of houses approved for construction under the strategic housing development scheme; the number of houses approved that have been constructed; the number under construction; the number yet to begin construction; and if he will make a statement on the matter. [10378/20]

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Written answers

Under the Government's Rebuilding Ireland Action Plan on Housing and Homelessness, the Planning and Development (Housing) and Residential Tenancies Act 2016 (the Act) introduced new streamlined arrangements to enable planning applications for strategic housing developments (SHDs) of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála (the Board) for determination.

The Board has received 204 SHD applications up to the 30 April 2020, in respect of a total of 57,332 homes (comprising 16,322 houses, 33,855 apartments and 7,155 Build to Rent homes), 12,022 student bed spaces and 600 shared accommodation bed spaces. The Board has granted permission on 132 SHD applications in respect of a total of 35,871 homes (comprising 9,583 houses, 20,962 apartments and 5,454 Build to Rent homes), 9,498 student bed spaces and 410 shared accommodation bed spaces. With regard to the other 72 applications; 36 were refused, 1 was referred back to the Board following judicial review, 1 was withdrawn, with the remainder still awaiting a decision.

Of the applications that were granted permission under the SHD arrangements, it is understood that commencement notices have been lodged in respect of 38 of these projects to date. A total of 9,553 homes were permitted in the developments in respect of which commencement notices have been lodged (comprising 4,262 houses, 5,002 apartments and 289 Build to Rent homes), as well as 5371 student bed spaces.

The recent review of the Strategic Housing Development arrangements highlighted that while they have generally been a success in providing a fast-track development consent process for developers of large-scale housing developments, the number of SHD permissions that have commenced development is less than might have been expected. Having reflected on the views of the Review Group on the rate of activation of SHD sites, it is considered appropriate that developers should be sufficiently motivated to commence development on foot of an SHD permission in a timely manner, given the efficiencies that the SHD arrangements provide.

Therefore, I indicated that I considered that it would be appropriate to introduce a "use it or lose it" measure requiring developers to have commenced a certain level of development within a certain period of time on foot of a grant of an SHD planning permission. My Department has been developing proposals in this regard, the further advancement of which will be considered in context of the legislative programme of the incoming Government.

Local Authority Housing

Questions (714)

Cian O'Callaghan

Question:

714. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the additional resources provided to local authorities in Dublin city and county in the past 12 months to assist them with the processing of an increased number of planning applications; and if he will make a statement on the matter. [10379/20]

View answer

Written answers

The staffing arrangements, including recruitment and the detailed role and functions of the posts within a local authority, are a matter for the individual Dublin local authorities. In accordance with section 159 of the Local Government Act 2001, the Chief Executive of the local authority makes such staffing and organisational arrangements as may be necessary for the purposes of carrying out the functions of the local authority for which he or she is responsible. This includes the allocation of resources to planning functions within the local authority as required.

Emergency Accommodation

Questions (715, 716)

Cian O'Callaghan

Question:

715. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the number of persons that lived in shelters or emergency accommodation in each of the years 2008 to 2019 and to date in 2020; and if he will make a statement on the matter. [10381/20]

View answer

Cian O'Callaghan

Question:

716. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the number of persons that are homeless; the number of such persons being housed in temporary accommodation or shelters which have been provided by private sector providers; and if he will make a statement on the matter. [10382/20]

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Written answers

I propose to take Questions Nos. 715 and 716 together.

My Department publishes a monthly report on homelessness. The monthly report is based on data provided by housing authorities and produced through the Pathway Accommodation & Support System (PASS). The report captures details of individuals utilising State-funded emergency accommodation arrangements that are overseen by housing authorities. Official homeless reports are published on my Department's website on a monthly basis and are available at the following link: http://www.housing.gov.ie/housing/homelessness/other/homelessness-data.

These reports include information broken down by accommodation type at regional level. Emergency accommodation provided in a hotel is included within the private emergency accommodation (PEA) category along with other commercially provided emergency accommodation arrangements. The reporting on homelessness began in its current format with the introduction of the PASS system in 2014. My Department does not hold the details sought by the Deputy prior to this.

Approved Housing Bodies

Questions (717)

Cian O'Callaghan

Question:

717. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government when the CEO of the Approved Housing Bodies Regulatory Authority will be appointed as per SI No. 188 of 2020; the process for the appointment; the expected impact of the appointment on the sector; and if he will make a statement on the matter. [10383/20]

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Written answers

As set out in the Rebuilding Ireland Action Plan for Housing and Homelessness (Action 2.15) it has been an objective of my Department to establish a statutory Regulator to oversee the effective governance, financial management and performance of voluntary and co-operative housing bodies and to transition from the current voluntary regulatory environment.

The legislative basis for statutory regulation, the Housing (Regulation of Approved Housing Bodies) Act 2019, was signed into law on 23 December 2019 and preparatory work is currently underway to establish the Approved Housing Bodies Regulatory Authority (the Regulator).

The Act provides that the Regulator shall appoint the chief executive officer from recommendations made by the Public Appointments Service (PAS) after a competition has been undertaken in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

Provision is also made for the appointment of a chief executive designate, by the Minister for Housing, Planning and Local Government, in advance of the establishment of the Regulator from recommendations made by PAS after a competition has been held. If a chief executive designate is appointed, that person will be appointed chief executive on the establishment of the Regulator.

PAS launched the advertising campaign for the position of Chief Executive Designate / Chief Executive Officer (Principal Officer) of the Approved Housing Bodies Regulatory Authority on 5th June 2020 (more detail is available on www.publicjobs.ie). The closing date for applications is 25th June 2020 and it is anticipated that it will take a further nine weeks to go through the selection procedures before a suitable candidate is selected.

The appointment of a chief executive designate will give confidence to the sector that preparation for a statutory framework is well underway. The appointment of a chief executive designate will allow for preparatory work to be carried out on setting up the office of the Regulator. This will ensure that the Regulator, when established, will have the necessary resources to operate effectively and efficiently in line with their functions as set out in the Act.

The statutory regulatory framework will provide further assurances to investors, tenants, the Government and to the sector itself that social housing providers operate in a well-regulated and stable environment.

European Court of Justice Rulings

Questions (718)

Cian O'Callaghan

Question:

718. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the steps he has taken since November 2019 to ensure the State is compliant with the judgment of the European Court of Justice in a case (details supplied); if the daily fines relating to this judgement have stopped; if so, the date on which they ceased; if not, the estimated date they will cease; the cost of the fines relating to the case to date; and if he will make a statement on the matter. [10384/20]

View answer

Written answers

Compliance with the ruling of the Court of Justice of the European Union (CJEU) in case C-261/18 (Derrybrien Wind Farm) will be achieved when the Derrybrien Wind Farm in County Galway is subjected to retrospective environmental impact assessment (otherwise known as substitute consent). The Electricity Supply Board (ESB), which owns and operates the wind farm through a subsidiary, has committed to submit the wind farm to the statutory substitute consent process during Q2 2020.

Officials in my Department are in regular contact with the Department of Communications, Climate Action and Environment (DCCAE), who, as a shareholder of and with corporate governance responsibility for the ESB, are dealing directly with ESB with respect to updates on the resolution of the judgment. The ESB has outlined its programme of measures comprising preparation of a Remedial Environmental Impact Statement, a Remedial Natura Impact Statement and Substitute Consent Application, all of which are necessary elements to comply with the substitute consent process. This information has recently been communicated to the European Commission.

No payment demand for daily fines accrued has yet been received from the European Commission. The daily fine rate was set by the EU Court of Justice at EUR 15 000 per day, to run from the date of the judgment (12 November 2019) until the date of compliance with the judgment. The daily fine accrued to date (9 June 2020) therefore stands at EUR 3,150,000.

The final extent of daily fines which will be incurred is dependent upon the progress of the ESB, the owner and operator of the Derrybrien Wind Farm, in the substitute consent process. The judgment will be satisfied once the substitute consent process is complete.

Rental Sector

Questions (719)

Cian O'Callaghan

Question:

719. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the measures in place to protect tenants in house share arrangements whose housemates have left due to Covid-19 leaving them liable for the remainder of the rent; his views on whether new measures are required to deal with this situation; if so, the measures he plans to bring forward; and if he will make a statement on the matter. [10389/20]

View answer

Written answers

With 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.

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.

Tenants who wish to leave a tenancy early must serve their landlord with a valid notice of termination in writing providing the appropriate amount of notice period.

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. Contract law governs such arrangements.

The specific terms associated with an individual tenant’s rights and obligations are likely to be set out in a written contract signed by both the tenant and the landlord. Engagement between the parties to clarify the respective contractual obligations of tenants and the landlord is key in the circumstances outlined.

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

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.

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/.

Covid-19 Pandemic Supports

Questions (720)

Cian O'Callaghan

Question:

720. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the steps which will be taken to deal with Covid-19 related rent arrears; and if he will make a statement on the matter. [10391/20]

View answer

Written answers

With 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.

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

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.

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/ .

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