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Tuesday, 30 Jun 2020

Written Answers Nos. 850-874

JobPath Programme

Questions (850)

David Cullinane

Question:

850. Deputy David Cullinane asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question Nos. 810, 811 and 812 of 23 June 2020, when the report referenced will be finalised; and when it will be published or otherwise made available to members of Dáil Éireann. [13419/20]

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Written answers

My Department engaged with the consultants in December 2019 to assist in reviewing the existing public employment services and advise on the design and development of the future public employment services including the public tendering of contracted public employment services.  Their draft report is expected to be finalised shortly.

Once finalised, the publication of the report will be dependent on the timing of any competitive procurement competition in relation to the provision of contracted public employment services to my Department.

Question No. 851 answered with Question No. 837.

State Pension (Contributory)

Questions (852)

Éamon Ó Cuív

Question:

852. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection when a decision will be made on an increase for a qualified adult State pension (contributory) application submitted by a person (details supplied); the reason for the delay in making a decision on the application in view of the fact that this application is ongoing for at least one year; and if she will make a statement on the matter. [13462/20]

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Written answers

An increase for qualified adult (IQA) is a means-tested increase which may be payable with the State pension (contributory).  It can be awarded to a person whose spouse/civil partner/co-habitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source do not exceed a means test income limit, based on the means held solely or jointly by the qualified adult.

The person concerned applied for the Increase for qualified adult on 17 May 2019.  Additional information regarding means was requested on 14 August 2019.  Since the information was not provided, the application was disallowed.  Written notification of this decision issued to the person concerned on 18 October 2019.

The person concerned submitted a new application for IQA on 29 October 2019.  Their claim was referred to a Social Welfare Inspector to establish their spouse's means.

IQA has now been awarded from 17 May 2019 at the maximum weekly rate payable for a qualified adult aged under 66 years with nil assessable means. Arrears and payment will issue to the designated bank account for Friday, 3 July 2020.

I hope this clarifies the matter for the Deputy.

Question No. 853 answered with Question No. 797.

Carer's Allowance

Questions (854)

Seán Fleming

Question:

854. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection if the carer’s allowance of a person (details supplied) will be reviewed; and if she will make a statement on the matter. [13481/20]

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Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

An application for CA was received from the person concerned on 14 October 2019.

The evidence submitted in support of this application was examined and the deciding officer decided that although a certain level of care was being provided the level involved did not amount to full-time care.

The person concerned was notified on 31 October 2019 of this decision, the reasons for it and of her right of review and appeal.

The person concerned requested a review of this decision and submitted additional evidence in support of her application. Following this review the decision remained unchanged.

The person concerned was notified on 10 June 2020 of the outcome of the review, the reasons for it and of her right of review and appeal.

I hope this clarifies the matter for the Deputy.

Community Employment Schemes

Questions (855)

Mary Lou McDonald

Question:

855. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection if she will reinstate funding for a community employment supervisor and 17 part-time employees at a project (details supplied); and if she will make a statement on the matter. [13491/20]

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Written answers

The sponsors of Belvedere Youth Club (BYC) Community Employment (CE) Scheme were previously in receipt of funding from my Department up to 08/02/2019.  The CE Scheme had experienced ongoing difficulties in filling participant places, having a maximum of 3 participants in situ for a prolonged period of time.  

Officials of my Department met with the BYC CE sponsoring board on a number of occasions and offered assistance to address their participant recruitment needs.  When the CE scheme was not successful in increasing participant numbers, my Department offered to facilitate the retention of the existing participants within the CE scheme by the means of an amalgamation with another CE sponsor.  Support was also offered to BYC in assisting the CE Supervisor to secure a positon with alternative CE schemes.  Both of these offers were declined by BYC.

To ensure the current BYC CE participants maintained their places on CE, my Department with the cooperation of BYC, arranged for their transfer to alternative CE schemes.  The 3 remaining CE participants officially transferred to alternative CE schemes on 08/02/2019.  It is the understanding of my Department that BYC secured alternative funding which assisted them in the employment of the Supervisor.

In order to re-qualify for Community Employment Programme funding and a CE Supervisory grant, a minimum of 15 CE participants is required for the scheme.  If the sponsors wish to be reconsidered for funding they will be required submit a new 3 year application for the Community Employment Programme.

A copy of the 3 Year Application form, Guidelines for Completing of a New 3 Year Application form and the Community Employment Procedures Manual, can be issued to the Sponsors if required.

I trust this clarifies the matter.

Question No. 856 answered with Question No. 837.

State Pension (Contributory)

Questions (857)

Patricia Ryan

Question:

857. Deputy Patricia Ryan asked the Minister for Employment Affairs and Social Protection when she will facilitate women forced to leave their employment due to the marriage rule to avail of contributory pensions; and if she will make a statement on the matter. [13536/20]

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Written answers

The marriage bar describes a rule that existed in most of the public service, and some private sector employments, where women were required to leave their employment upon marriage.  As it was a rule rather than law, married women could either return to work or take up other work, and many did.

Most public servants recruited prior to 1995 are not entitled to the State pension, regardless of gender and marital status.  Therefore, the marriage bar would not generally have impacted on State pension entitlement, as they would not have qualified for that payment had they remained in public sector employment.  The implications it had for public service pensions are matters for the Minister for Public Expenditure and Reform.

A person is required to have a minimum of 520 paid reckonable PRSI contributions in order to qualify for the State Pension (Contributory).  The actuarial value of the State Pension is estimated at over €300,000 which requires people who claim a contributory pension to have made at least 10 years of paid contributions over 50 years of a working age life.

When the Interim Total Contributions Approach (TCA) was introduced in 2018 it included provision for the HomeCaring Periods Scheme which fundamentally changed the entitlement of many who spent time out of the workforce caring for others.  It, for the first time, acknowledged home caring periods prior to 1994 and provides for up to 20 years of home caring periods to be considered.  Those who have a 40 year record of paid and credited social insurance contributions, subject to a maximum of 20 years of credits / homecaring periods, qualify for a maximum contributory pension where they satisfy the other qualifying conditions for the scheme.  Arising from this initiative, the Department reviewed over 94,000 cases resulting in over 38,000 receiving an increased pension payment.  Since April 2019 all new State (Contributory) Pension applications are assessed under all possible rate calculation methods, including the Interim TCA, with the most beneficial rate paid to the pensioner.

It should be noted if a person does not satisfy those conditions, they may qualify for the means-tested State Pension (Non-Contributory), the maximum rate of which is over 95% that of the maximum rate of the State Pension (Contributory).  Alternatively, if their spouse is a State pensioner and they have significant household means, their most beneficial payment may be an Increase for a Qualified Adult, based on their personal means, and amounting up to 90% of a full contributory pension.

The Total Contributions Approach (TCA), when it is introduced, is intended to be a fairer and more transparent system where the person’s lifetime contribution will be more closely reflected in the benefit received.  Having carefully examined the outputs of the TCA consultation process, officials in the Department are designing the scheme, with a view to including significant recognition for home caring periods in the new model.  The final design for the TCA model will need to be brought to Government for consideration and approval.  

I hope this clarifies the matter for the Deputy.

Departmental Staff

Questions (858)

Jennifer Whitmore

Question:

858. Deputy Jennifer Whitmore asked the Minister for Employment Affairs and Social Protection if her Department has established a working from home policy for its employees; and if she will make a statement on the matter. [13547/20]

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Written answers

The Department of Public Expenditure and Reform has developed and circulated guidelines for civil service organisations (Working from Home during COVID-19 – Guidance for Civil Service Organisations), which is intended to assist civil service organisations as long as necessary to address the health and safety risks of COVID-19 and has also commenced work on the development of a remote working policy which will address remote working in the longer term for the civil service.

Public Services Card

Questions (859)

Jennifer Whitmore

Question:

859. Deputy Jennifer Whitmore asked the Minister for Employment Affairs and Social Protection the way in which parents can apply for a public services card to obtain a MyGovID required to apply to the national childcare scheme while her Department has temporarily postponed the appointment service for allocating the card; when departmental offices including Intreo and local offices will reopen for this purpose; if an alternative arrangement can be made for those in need of a card; and if she will make a statement on the matter. [13566/20]

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Written answers

The SAFE registration process, which my Department uses to authenticate a person's identity, is a face-to-face process which results in the issuing of a Public Services Card (PSC).

Since the outbreak of the COVID-19 pandemic, my Department has temporarily suspended the SAFE registration process.  This decision was taken in order to comply with HSE and WHO guidelines in respect of social distancing.  As a result, it has not been possible for those who wish to obtain a PSC to get one.

My Department has been moving towards a resumption of the SAFE registration process on a phased basis in recent weeks and this is being done in accordance with all relevant HSE and Government guidelines to ensure the health and safety of the Department's customers and staff.  I would hope that SAFE registration will resume in all Intreo Centres in the coming weeks. 

While it is not currently possible for a person to obtain a PSC for the purpose of applying online for the National Childcare Scheme (NCS), they can still apply for the NCS by post.  Those who wish to apply for the NCS by post should contact the Parent Support Centre on 01 906 8530, Monday to Friday from 9am to 5pm.

Any further queries in relation to the application process for the NCS should be directed to my colleague, the Minister for Children and Youth Affairs.

I trust this clarifies the matter for the Deputy.

Community Employment Schemes

Questions (860)

Sorca Clarke

Question:

860. Deputy Sorca Clarke asked the Minister for Employment Affairs and Social Protection the reason a group (details supplied) had its community employment scheme workers removed. [13592/20]

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Written answers

The Community Employment (CE) programme is a community centred labour market initiative established to help long-term unemployed people and other vulnerable groups to enter the workforce by breaking their experience of unemployment.  Under the CE Programme projects must not displace employment opportunities in the open labour market and, as such, the range of services delivered by these projects cannot cover the maintenance of dwelling houses or their related amenities as this would be contrary to the Department’s role in the delivery of labour market activation services.

Following a review of work placements by the officials in the Department in January 2020, people who were placed by some CE sponsoring organisations to carry out maintenance work in residential housing estates in the Midlands were reassigned by their employers, to other work which is appropriate to the CE programme.  There has been no reduction in the number of CE places with this sponsoring organisation, which are approved for funding by this Department.

I trust that this clarifies the matter. 

School Meals Programme

Questions (861)

Gary Gannon

Question:

861. Deputy Gary Gannon asked the Minister for Employment Affairs and Social Protection if consideration will be given to continuing the school meals programme during the summer months to keep providing food parcels to children who are at risk of food poverty in view of the fact many summer projects are not operating as normal in 2020 due the Covid-19 emergency; and if she will make a statement on the matter. [13620/20]

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Written answers

The school meals programme provides funding towards the provision of food to some 1,580 schools and organisations benefitting 250,000 children.  The objective of the scheme is to provide regular, nutritious food to children who are unable, due to lack of good quality food, to take full advantage of the education provided to them.  The programme is an important component of policies to encourage school attendance and extra educational achievement and coincides with the school year.

Funding under the school meals programme will remain available to schools to allow them to continue to provide food during the summer period until the start of the new academic year 2020/2021.

I trust that this clarifies the position.

Covid-19 Pandemic Supports

Questions (862)

Gary Gannon

Question:

862. Deputy Gary Gannon asked the Minister for Employment Affairs and Social Protection if consideration will be given to proposals by an organisation (details supplied) for a temporary top-up payment to the poorest children during the Covid-19 emergency; and if she will make a statement on the matter. [13621/20]

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Written answers

My Department, as part of the overall response of the Department to the ongoing COVID-19 pandemic, continues to engage with a range of organisations including the Society of St. Vincent de Paul, in relation to the income support needs of all families during the ongoing crisis.

My Department provides financial supports to families and their children through the Increase for a Qualified Child, Working Family Payment, and Child Benefit payments, as well as increased supports for lone parents through the One-parent Family Payment and the Jobseeker's Transitional Payment.  We have gone to great lengths to ensure those eligible for supports have been able to retain them during this difficult period.  People who are not eligible for other Department schemes and who are experiencing financial difficulty may be eligible to apply for an exceptional needs payment.

Increases for a Qualified Child (IQCs) are paid as child-related supplements to most weekly social welfare payments in recognition of the need for greater incomes among benefit-dependent households with dependent children.  The current full rate of payment is €40 per week in respect of each child over 12 years, and €36 per week in respect of each child under 12 years.

There are no plans to increase these rates at this time and any further increases to any social protection benefits would have to be considered in an overall budgetary context.

Question No. 863 answered with Question No. 797.

Carer's Allowance

Questions (864)

Richard Boyd Barrett

Question:

864. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection the number of carer's allowance recipients; the number in receipt of the half and full rate, respectively; and if she will make a statement on the matter. [13645/20]

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Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

Where a carer is in receipt of a social welfare payment (other than jobseeker payments or supplementary welfare allowance) or is being claimed as a qualified adult on their spouse’s, civil partner’s or cohabitant’s social welfare payment, and also qualifies for CA, the allowance is paid at up to half the normal rate.

I can advise the Deputy that as of 31st May 2020 there were 87,270 customers in receipt of Carer's Allowance. Of these -

- 47,882 customers were in receipt of the full rate Carer's Allowance.

- 39,388 customers were in receipt of the half rate Carer's Allowance.

I hope this clarifies the matter for the Deputy.

Carer's Allowance

Questions (865)

Richard Boyd Barrett

Question:

865. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if she will make a substantial reward payment to those in receipt of the carer's allowance in view of the contribution they are making in the Covid-19 crisis while those in their care were unable to attend day care centres and so on; and if she will make a statement on the matter. [13646/20]

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Written answers

The Government acknowledges the crucial role that family carers play and is fully committed to supporting carers in that role.  This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.

The main income supports to carers provided by my Department are Carer’s Allowance, Carer’s Benefit and the Carer’s Support Grant.  The projected expenditure on Carer’s Allowance in 2020 is approximately €919 million.  Combined spending on the above payments to carers in 2020 is expected to exceed €1.3 billion. 

In responding to the current COVID-19 crisis, the Department has made urgent special provisions for those, including carers, who may be most vulnerable and negatively affected at this time, that is, those who have been diagnosed with COVID-19, have been medically certified to self-isolate and those who have lost their jobs and whose incomes have reduced as a result of the pandemic.

To ensure that the most vulnerable groups are provided for, my Department  introduced the following short-term emergency payments - the COVID-19 Pandemic Unemployment Payment and COVID-19 Enhanced Illness Benefit.  Both of these temporary measures allow payments to be made with certain other social welfare payments including Carer’s Allowance or Carer’s Benefit.  In effect, a carer whose work ceases as a result of COVID-19 and whose situation qualifies them for one of these payments will get them along with their current carer income support whether Carer’s Allowance or Carer’s Benefit.

Despite the substantial extra financial demands due to the COVID-19 crisis, I announced that the Carer’s Support Grant would continue to be paid to carers this year at an estimated cost of over €237 million. The annual grant of €1,700 is available to all carers providing full-time care to an older person or a person with a disability, regardless of their means or social insurance contributions.  This award can be used for any purpose at the discretion of the carer and it is not taxed.  Other people who are not in receipt of a social welfare payment but who are providing full time care and attention to someone who requires that level of care are also eligible and can apply for a grant.

On Thursday 4 June, 125,000 grants were paid automatically to 114,000 people receiving Carer's Allowance, Carer’s Benefit and Domiciliary Care Allowance.  Some 11,000 carers who are providing care for two or more people received a grant in respect of each person they are caring for.  The grant is paid in respect of each person being cared for to take account of the additional cost of providing care and to recognise the particular challenges faced by these carers.

The Deputy will be aware that payments made by my Department are set out in legislation or administrative guidelines.  There is no provision to make the type of payment outlined by the Deputy.

Finally, I  have no plans to introduce additional income supports for carers at this time.  However, I can assure the Deputy that I am very aware of the key role carers play in society and the particular challenges they face in light of Covid-19 and I will continue to keep the range of supports available to carers under review.  Any improvements or additions to these supports can only be considered in a budgetary context and in the light of available financial resources. 

I trust this clarifies the matter for the Deputy. 

Bereavement Care

Questions (866)

Bernard Durkan

Question:

866. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if an augmentation of the bereavement grant will issue to a person (details supplied); and if she will make a statement on the matter. [13705/20]

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Written answers

A claim for assistance with funeral expenses under the Supplementary Welfare Allowance (SWA) Scheme is treated as a claim for an Exceptional Needs Payment (ENP).  An ENP is made at the discretion of the designated officer on the basis of the circumstances of each case and in line with governing guidelines.

According to the records of my Department, the person concerned submitted an application for assistance with funeral expenses and was awarded an ENP of €3,000 on 29/11/19 on the basis of the circumstances of her case.

To date the person concerned has not submitted any further applications for financial assistance with funeral expenses.  An application form has been posted to the person concerned.  It should be completed and returned to Newbridge Intreo Centre, Community Welfare Services, Moorefield Road, Newbridge, Co Kildare.  This service can also be contacted by phone at 045 491500 (option 5).  The application will be processed and on completion of an assessment, a decision will issue to the person concerned.

I trust this clarifies the matter.

Question No. 867 answered with Question No. 837.

Property Registration Authority

Questions (868)

Michael Moynihan

Question:

868. Deputy Michael Moynihan asked the Minister for Housing, Planning and Local Government the way in which the services offered by the Property Registration Authority has been impacted by the Covid-19 crisis; when the services offered by the authority are expected to return to full capacity; and if he will make a statement on the matter. [12790/20]

View answer

Written answers

I understand that, as part of an escalated recovery plan, the Property Registration Authority (PRA) is now providing a full range of registration services.  However, the PRA is currently experiencing an increased backlog due to the impact of the Covid-19 crisis, but as the number of applications being lodged is decreasing, response times will improve over time. 

The PRA's information unit responsible for handling telephone enquiries is resuming next week and arrangements are being put in place to re-open the PRA public counter.  Customers can continue to send their enquiries to info@prai.ie.

 The provision of PRA services will continue to be reviewed and implemented in line with recovery planning, the Roadmap for Reopening Society and Business and all public health guidance.

Water Safety

Questions (869)

Chris Andrews

Question:

869. Deputy Chris Andrews asked the Minister for Housing, Planning and Local Government if a commitment will be given to improve the methods of informing persons of do not swim notices along Dublin Bay following wastewater leaks; if the use of local media will be arranged to provide information of such a health warning; and if he will make a statement on the matter. [12906/20]

View answer

Written answers

The means for communicating bathing water information to the public are well established and include beach signage, print media and social media. In relation to the Dublin Bay Area, my Department is working with Dublin City Council, Dun Laoghaire-Rathdown County Council, Environmental Protection Agency and the Health Service Executive to improve co-ordination of all matters related to bathing waters in Dublin Bay. This includes improving communications between these organisations and the speed at which bathing water information is made available to the public.

An additional task force comprising of my Department, Dublin City Council, Dun Laoghaire-Rathdown County Council and Irish Water is also looking at particular issues related to bathing water quality at Sandymount and Merrion Strand, including developing improved communication tools. This work will ensure that information on bathing water quality will be disseminated to the public as soon as possible and will assist the local authorities in undertaking one of their key functions under the Bathing Water Regulations.

Under the recently adopted Programme for Government, the Government has also committed to continuing the 8.5billion euro funding package agreed in Project Ireland 2040, which will provide investment in both drinking and wastewater infrastructure by Irish Water.

Telecommunications Infrastructure

Questions (870)

Jackie Cahill

Question:

870. Deputy Jackie Cahill asked the Minister for Housing, Planning and Local Government if the necessity for the proposed erection of a 22 m high telecommunications mast at Ballymoreen, Littleton, County Tipperary will be examined (details supplied); if the local community will be engaged with regarding the concerns they have in relation to the proposed mast; and if he will make a statement on the matter. [13005/20]

View answer

Written answers

Under the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.

In this regard, Class 31 of Schedule 2 of the Planning and Development Regulations 2001, as amended, provides that certain classes of development carried out by a statutory undertaker authorised to provide a telecommunications service are, subject to specified conditions, exempted development from the requirement to obtain planning permission. Where the conditions and size thresholds specified in the exemption class are not complied with or are exceeded, planning permission is required.

These arrangements are considered appropriate for the purpose of supporting the roll-out of a high quality communications service while also taking account of the ongoing technological advances in this area. The legislative provisions are supplemented by planning guidelines entitled the Telecommunications Antennae and Support Structure Guidelines, which originally issued to planning authorities in 1996. In 2012, my Department issued Circular Letter PL07/12 to planning authorities, updating certain sections of these Guidelines. The Guidelines provide advice on appropriate location and siting considerations for telecommunication installations and masts to be considered in the development planning and development management process. The Guidelines, and subsequent Circular Letter, are available on my Department’s website at the following links:

https://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C1630%2Cen.doc

and

https://www.housing.gov.ie/sites/default/files/publications/files/pl_07.12_-_telecommunications_antennae_and_support_structures_guidelines.pdf

In making decisions on a planning application, a planning authority, or the Board as appropriate, must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received from the public and the statutory consultees, and any relevant Ministerial or Government policies, including any guidelines issued by the Department.  Public participation is a crucial element of all substantive decision-making processes under the Act, and is also a requirement under the UN Aarhus Convention on Access to Information, Public Participation on Decision Making and Access to Justice in Environmental Matters (the Aarhus Convention) and the European Union Environmental Impact Assessment Directive 2011/92/EU, as amended, in relation to specific types of developments.

The right to appeal is a fundamental aspect of the planning system. An applicant, or anyone who has made a submission or observation in relation to a planning application, may apply to An Bord Pleanála to appeal a decision made by a planning authority in respect of an application for permission.  In making decisions in respect of a planning appeal, the Board is required to consider the same matters as the local planning authority did in its consideration of the original planning application and will then reach its own conclusions in relation to the application.

Under section 30 of the Act, I am specifically 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 specific circumstances which do not apply in this case.

Departmental Reports

Questions (871)

Jackie Cahill

Question:

871. Deputy Jackie Cahill asked the Minister for Housing, Planning and Local Government the cost of the Moorhead Report; and if he will make a statement on the matter. [13287/20]

View answer

Written answers

In June 2018 Ms Sara Moorhead SC was invited to carry out a review of the role and remuneration of local authority elected members. Her final report was recently published on my Department's website: 

https://www.housing.gov.ie/sites/default/files/publications/files/independent_review_of_role_and_remuneration_of_local_authority_elected_members.pdf 

Ms Moorhead did not receive a fee for her substantial work in carrying out this review. Administrative support, including work involving the surveying of elected members and gathering of financial data from local authorities, was provided to Ms Moorhead by officials in my Department.  As a result, there were no direct costs incurred in the preparation of the report.

Health and Safety Regulations

Questions (872)

Cian O'Callaghan

Question:

872. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government if the window restrictors on sale here are safe; if they comply with national and EU regulations; the person or body responsible for checking such products; when the regulations and the enforcement of these regulations were last reviewed; and if he will make a statement on the matter. [13399/20]

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Written answers

The design and construction of buildings is regulated under the Building Control Acts 1990 to 2014. The Act provides for the making of Building Regulations and Building Control Regulations.

The Building Regulations set out the legal requirements in Ireland for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings. The related Technical Guidance Documents (Parts A - M) provide technical guidance on practical compliance with the regulations. 

Technical Guidance Documents are free to view/download on my Department's website at the following link:

https://www.housing.gov.ie/housing/building-standards/tgd-part-d-materials-and-workmanship/Technical-guidance-documents.

The Building Regulations (Part K Amendment) 2014, came into effect on 1 January 2015 and was accompanied by Technical Guidance Document K (2014). Section 2.7 of Technical Guidance Document K provides that in dwellings where a window has an opening section through which a person may fall, (having particular regard to children under five years of age), and is more than 1400 mm above external ground level, suitable safety restrictors should be provided. The Building Regulations, including Part K requirements, are subject to ongoing review.

Safety restrictors should restrain the window sufficiently to prevent such falls. Restrictors can be either an integral part of the window operating gear or separate items of hardware which can be fitted to a window at the time of manufacture or at installation. Restrictors should operate so that they limit the initial movement of an opening section to not more than 100 mm.

In relation to products, Part D of the Building Regulations sets out the legal requirements for materials and workmanship. It requires that all works must be carried out using “proper materials” which are fit for the use for which they are intended and for the conditions in which they are to be used” and in a workmanlike manner to ensure compliance with the Building Regulations. 

Under the Construction Products Regulation (Regulation (EU) No. 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC) (CPR), manufacturers are required, when placing a construction product (which is covered by harmonised European standards or European Technical Assessments) on the EU market, to make a Declaration of Performance and affix the CE mark.

In broad terms, this means that manufacturers are required to provide robust and reliable information in a consistent way for construction products. For many construction products, the application of the CE mark will require the involvement of a third party (known as a ‘notified body’) to undertake certain tasks as specified in the harmonised European standard.  These tasks can include intial type-testing of products, inspection of factory production control and surveillance of factory production control. 

Windows in which restrictors are an integral part of the window operating gear are covered by harmonised European standards and therefore must comply with the CPR.

Window restrictors which are on sale as separate items of hardware which can be fitted to a window after manufacture are not covered by harmonised European standards and therefore do not fall under the CPR. Such products (which do not require a CE mark) must however comply with General Product Safety Regulations to ensure that they are safe. This is the responsibility of the Competition and Consumer Protection Commission and the General Product Safety Regulations come  under the remit of my colleague, the Minister for Business, Enterprise and Innovation.

It is important, to note that in the first instance, it is a matter for owners, designers and builders, with responsibility for compliance with the Building Regulation, to specify the particular project specific performance requirements of products in the context of the conditions in which they are to be used. 

In addition, during construction such steps as are necessary should be taken to ensure that the products provided meet these specifications and are suitable for the purpose for which they are intended. Guidance is provided in relation to this in the Code of Practice for Inspecting and Certifying Buildings and Works, which is available at the following link:

https://www.localgov.ie/sites/default/files/2016-10-21_code_of_practice_for_inspecting_and_certifying_buildings_and_works_final_version-2016.pdf

Enforcement of the Building Regulations is a matter for each of the 31 local building control authorities that are independent in the performance of their statutory duties. Building control authorities are also designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR. In both cases  authorities have a range of enforcement powers.

In terms of rental housing properties, all landlords have a legal duty to ensure that their rented properties comply with certain minimum physical standards. These minimum standards are set out in the Housing (Standards for Rented Houses) Regulations 2019, which provide that suitable safety restrictors must be fitted to windows through which a person could fall.

Covid-19 Pandemic

Questions (873, 874, 889)

Sorca Clarke

Question:

873. Deputy Sorca Clarke asked the Minister for Housing, Planning and Local Government the additional resources which will be provided to Westmeath County Council to reimburse it for the direct and extraordinary costs incurred relating to Covid-19 emergency measures such as purchasing of information and communications technology equipment to facilitate staff working from home, costs associated with testing centres, loss of rates income, loss of paid parking revenue and loss of working hours due to staff now undertaking risk assessment work. [13586/20]

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Sorca Clarke

Question:

874. Deputy Sorca Clarke asked the Minister for Housing, Planning and Local Government the additional resources which will be provided to Longford County Council to reimburse it for the direct and extraordinary costs incurred relating to Covid-19 emergency measures such as purchasing of information and communications technology equipment to facilitate staff working from home, costs associated with testing centres, loss of rates income, loss of paid parking revenue and loss of working hours due to staff now undertaking risk assessment work. [13587/20]

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Paul McAuliffe

Question:

889. Deputy Paul McAuliffe asked the Minister for Housing, Planning and Local Government if his Department will make up the shortfall in funding to local authorities from commercial rates lost due to Covid-19. [13334/20]

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Written answers

I propose to take Questions Nos. 873, 874 and 889 together.

I intend to continue supporting measures taken by the Department to assist local authorities with the financial difficulties they are experiencing since the outbreak of the Covid-19 pandemic.

It is recognised that some additional costs are being incurred by local authorities in relation to Covid-19. Local authorities have been advised to capture all related costs in their financial systems to aid future financial analysis of the impact of Covid-19 on the Sector.

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, €136m was made 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. Further to these measures, my Department recently arranged for the early payment of 50% of each local authority’s individual Payroll and PSPR allocation, amounting to €54.8m. This interim payment would ordinarily be paid later in July.

On 2 May 2020, a waiver of commercial rates was announced 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 to be met by the Exchequer. The approved Programme for Government – Our Shared Future, commits to setting out how commercial rates will be treated for the remainder of 2020, as a priority action for the new Government.

In order to support the local government sector generally, I will ensure that 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.

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