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Tuesday, 8 Sep 2020

Written Answers Nos. 433-452

Homeless Persons Supports

Questions (433)

Martin Browne

Question:

433. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage his views on homeless services in County Tipperary; and his plans to provide additional services or supports for the existing service providers. [22225/20]

View answer

Written answers

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness.

Under the Housing (Miscellaneous Provisions) Act 2009 a Homeless Consultative Forum exists for each region and it is the role of the Management Group of each of these fora to consider the need for homeless services in each region. Tipperary is included in the South-East Region, along with counties Carlow, Kilkenny, Waterford and Wexford. Decisions relating to the provision of homeless services in Tipperary are a matter for the Management Group of the South-East Region.

Urban Regeneration and Development Fund

Questions (434)

Dara Calleary

Question:

434. Deputy Dara Calleary asked the Minister for Housing, Local Government and Heritage the number of applications from a local authority (details supplied) for assessment via the urban regeneration and development fund; the status of each application; the timeline for decision; and if he will make a statement on the matter. [22228/20]

View answer

Written answers

Mayo County Council submitted applications for funding support for two projects under Call 2 of the Urban Regeneration and Development Fund. The final date for the submission of applications under Call 2 was 29 May.

A large number of proposals were received, with every local authority submitting at least one application for URDF support.

Because of the nature of the URDF programme the proposals are very complex, and each will require detailed assessment. The assessment process will take place over the coming months with the intention that a new tranche of approved proposals, which will augment the existing pipeline of projects from Call 1 and contribute to the achievement of NPF objectives, will be announced later in the year.

Rental Sector

Questions (435)

Marian Harkin

Question:

435. Deputy Marian Harkin asked the Minister for Housing, Local Government and Heritage the options open to landlords and tenants in cases in which the tenant is under a termination notice in view of the current moratorium on rent increases and evictions; and if he will make a statement on the matter. [22289/20]

View answer

Written answers

With effect from 1 August 2020, the Residential Tenancies and Valuation Act 2020 introduces protections for those tenants who are facing rent arrears and, as a result, are at risk of losing their tenancy. If a tenant’s ability to pay rent has been impacted by Covid-19 and the tenant meets specific criteria, new procedures and protections apply. Tenants who follow these procedures cannot be required to vacate their rental accommodation before 11 January 2021, and are not required to pay any rent increase in respect of the period ending 10 January 2021.

For tenancies other than those in rent arrears, the usual laws on how to end a tenancy apply again from 2 August 2020. Terminations are now permitted to be served in such cases and tenants must vacate on the termination date specified in a valid Notice of Termination.

For all landlords who served a Notice of Termination before the Emergency Measures in the Public Interest (Covid-19) Act 2020 and had the termination notice period paused, those notice periods recommence with effect from 2 August 2020.

I urge tenants and landlords to discuss problems promptly, keep lines of communication open and respect each other’s positions. If the problem cannot be resolved, registered landlords and all tenants can apply to the RTB for dispute resolution. Further information is available on www.rtb.ie.

Approved Housing Bodies

Questions (436)

Kathleen Funchion

Question:

436. Deputy Kathleen Funchion asked the Minister for Housing, Local Government and Heritage if funding or public money is allocated to an organisation (details supplied); and if so, if a breakdown of same in each of the past five years will be provided. [22297/20]

View answer

Written answers

There are a range of funding and delivery mechanisms available to local authorities to deliver social housing supports in partnership with Approved Housing Bodies (AHBs). The funding is provided directly to local authorities, who in turn, advance the funding to AHBs, as appropriate.

Sue Ryder Homes are provided by the Sue Ryder Foundation, which receives funding from local authorities, as an approved AHB, for the delivery of social housing supports. In this regard the funding provided over the last 5 years is set out in the table below.

Year

Funding €m*

2016

0.29

2017

0.30

2018

0.29

2019

0.47

2020 (to 31/8)

0.26

*As a breakdown of Rental Accommodation Scheme (RAS) payments by local authorities to individual AHBs prior to 2019 is not held by my Department, expenditure in the years prior to 2019 does not include payments made under that Scheme.

Fuel Poverty

Questions (437, 438)

Brendan Smith

Question:

437. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage his views in relation to the health impact arising from fuel poverty here; his further views on the need for greater investment to prevent fuel poverty; the supports provided to local authorities to help mitigate fuel poverty; the supports provided to housing associations and approved housing bodies to prevent fuel poverty; his views on whether a coordinated approach is needed with his Department and the Department of Communications, Climate Action and the Environment in relation to fuel poverty; his views on the national energy poverty strategy; the number of families experiencing fuel poverty; and if he will make a statement on the matter. [22309/20]

View answer

Brendan Smith

Question:

438. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage the schemes in place to tackle fuel poverty; the pilot projects that have taken place to help reduce fuel poverty; the monitoring that takes place to ensure low income at risk families are protected from fuel poverty; the plans in place to allocate extra funding to improve energy ratings for homes at local authority level; and if he will make a statement on the matter. [22310/20]

View answer

Written answers

I propose to take Questions Nos. 437 and 438 together.

My Department has operated an Energy Efficiency Retrofitting Programme for local authority social housing since 2013, under which over 72,000 social homes have been insulated to date with funding support of some €151 million. The programme improves the insulation standards and overall energy performance of local authority housing stock, which can benefit those at risk of fuel poverty and also improve the health and comfort of the occupants of local authority homes.

For 2020, the Energy Efficiency Retrofitting programme for social housing has an allocated exchequer budget of €25 million, while a further €20 million is being made available for similar retrofitting of social homes in the midlands as part of the 'Just Transition' programme.

The Energy Efficiency Retrofitting Programme for social housing is open to all local authorities and has been implemented to date in two phases: Phase 1 is classed as a shallow retrofit and aims to ensure that the entire social housing stock has, as a minimum, cavity wall and attic insulation. Phase 2 focuses on the fabric upgrade works to those dwellings with solid/hollow block wall construction and includes the provision of heating upgrades and replacement windows and doors; this is deemed to be a more deep retrofit. In transitioning to the deep retrofit implementation, my Department has requested local authorities to achieve a 'B2' or equivalent building energy rating for their housing stock.

In addition to the Energy Efficiency Retrofitting Programme, energy efficiency improvements have also been incorporated into the approximately 11,000 vacant social housing homes that have been returned to productive use under the Voids Programme since 2014.

As part of the 'Just Transition' proposals for the midlands region, Budget 2020 also made provision for €20 million to fund energy efficiency upgrades to local authority houses in the affected counties as a pilot programme. As well as retrofitting social housing stock in the midlands, the programme also aims to create opportunities for retrofitting of private housing with support from the Sustainable Energy Authority of Ireland (SEAI).

This Programme is being developed under a Retrofit Taskforce and has involved my Department working closely with the Department of Communications, Climate Action & Environment, the SEAI and the relevant local authorities.

As set out in the Programme for Government, a national retrofitting plan is due to be rolled out in 2021 led by my colleague, the Minister for Communications, Climate Action & Environment. The midlands pilot along with other pilot schemes which are due to commence rollout in early 2021, will be used to test key elements of the national plan and my Department will work with the Department of Communications, Climate Action & Environment in this work. The targets set within the Climate Action Plan will see 500,000 homes nationally, retrofitted by end 2030, including private and social homes. This will build on the investment already made in retrofitting of social homes and the improved comfort levels and addressing of fuel poverty which have resulted.

Wind Energy Guidelines

Questions (439)

Patricia Ryan

Question:

439. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if the proposed wind energy development guidelines will be published following the recent public consultation; and if he will make a statement on the matter. [22407/20]

View answer

Written answers

My Department is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines in line with the “preferred draft approach” which was announced in June 2017 by the then Minister for Housing, Planning and Local Government, in conjunction with the then Minister for Communications, Climate Action and Environment. The review is addressing a number of key aspects including sound or noise, visual amenity setback distances, shadow flicker, community obligation, community dividend and grid connections.

As part of the overall review process, a strategic environmental assessment (SEA) is being undertaken on the revised Guidelines before they come into effect, in accordance with the requirements of European Union Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, otherwise known as the SEA Directive. SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process.

As part of the SEA process, the previous Minister launched a ten-week public consultation on the draft revised Wind Energy Development Guidelines on 12 December 2019. The documents prepared for consultation are available on my Department's website at the following link: https://www.housing.gov.ie/guidelines/wind-energy/public-consultation-revised-wind-energy-development-guidelines.

The consultation closed on 19 February 2020. Almost 500 submissions were received as part of the public consultation, many of which are extremely detailed and technical in nature. My Department, in conjunction with the Department of Communications, Climate Action and the Environment, is currently analysing the submissions received.

Finalised Guidelines will be prepared following detailed analysis and consideration of the submissions received during the consultation phase, and the conclusion of the SEA process. When finalised, the revised Guidelines will be issued under section 28 of the Planning and Development Act 2000, as amended. Planning authorities and, where applicable, An Bord Pleanála, must have regard to guidelines issued under section 28 in the performance of their functions generally under the Planning Acts. In the meantime, the current 2006 Wind Energy Development Guidelines remain in force.

Question No. 440 answered with Question No. 392.

Departmental Offices

Questions (441)

Denis Naughten

Question:

441. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage the number of vacant desk spaces available in accommodation allocated to his Department in civil service accommodation outside Dublin city; and if he will make a statement on the matter. [22484/20]

View answer

Written answers

The civil service accommodation facilities allocated to my Department outside of Dublin City are situated at office locations in Wexford, Ballina and Cork. In addition, Met Éireann has weather stations located throughout the country. The number of vacant desk spaces available in accommodation allocated to my Department in civil service accommodation outside of Dublin City is set out hereunder:

Location

Number of Desk Spaces Available

Wexford

17

Ballina

9

Cork

5

Belmullet Weather Station

1

Malin Head Weather Station

3

Total

35

Urban Regeneration and Development Fund

Questions (442)

Fergus O'Dowd

Question:

442. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage when the successful applicants for the urban regeneration development fund will be announced; if the two applications (details supplied) made by Louth County Council for the Port Access Northern Cross Route in Drogheda and the Bridge Street, St Nicholas Quarter in Dundalk, County Louth will be supported; and if he will make a statement on the matter. [22495/20]

View answer

Written answers

Louth County Council submitted applications for funding support for two projects under Call 2 of the Urban Regeneration and Development Fund. The final date for the submission of applications under Call 2 was 29 May.

A large number of proposals were received, with every local authority submitting at least one application for URDF support.

Because of the nature of the URDF programme the proposals are very complex, and each will require detailed assessment. The assessment process will take place over the coming months with the intention that a new tranche of approved proposals, which will augment the existing pipeline of projects from Call 1 and contribute to the achievement of NPF objectives, will be announced later in the year.

Ministerial Advisers

Questions (443, 447)

Catherine Murphy

Question:

443. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will provide a schedule of advisers, special advisers and seconded civil servants working in his Department appointed and or recruited and or in an acting capacity; the roles and responsibilities attributed to each; and the salary scale for each role in tabular form. [22532/20]

View answer

Alan Kelly

Question:

447. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the number of special advisers that will be hired by his Department. [22774/20]

View answer

Written answers

I propose to take Questions Nos. 443 and 447 together.

The recently published guidance issued by the Department of Public Expenditure and Reform on Ministerial Appointments allow for 2 Special Advisers to be appointed to each Minister by Government, in accordance with overall staffing limits.

At this stage, no Special Advisers have been formally appointed, either directly or by secondment to my Department by the Government. I have, however, assigned Ciara Shaughnessy to work with me as Special Adviser and it is anticipated that she will be formally appointed by the Government in the coming weeks. Ms. Shaughnessy's responsibilities are primarily in the area of press and media.

The Ministers of State in my Department have not assigned anyone to work with them as Special Advisers.

Any further Special Adviser appointments in my Department will be made in accordance with the guidance set out by the Department of Public Expenditure and Reform. The Minister for Public Expenditure and Reform must be notified of the rate of salary to be paid in all cases for Special Advisers, which will be published on the website of the Department of Public Expenditure and Reform.

Social and Affordable Housing

Questions (444)

Niamh Smyth

Question:

444. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage if the case of a person (details supplied) will be reviewed; the assistance which can be provided; the steps his Department can take; and if he will make a statement on the matter. [22550/20]

View answer

Written answers

Delivery of social housing is achieved using a range of different delivery programmes and financing arrangements. This includes supporting both local authorities and Approved Housing Bodies (AHBs) to engage with contractors for the construction of new social housing homes.

In recent years, the main source of funding to AHBs for social housing delivery, including turnkey projects, is through borrowings and support from local authorities through the Capital Advance Leasing Facility (CALF) and Payment and Availability (P&A) programme.

Applications for P&A-CALF funding are made to local authorities by AHBs and normally consist of a completed application form and a financial model showing the capital cost, income and operational costs projected over the P&A term sought, and other relevant supporting documentation.

My Department is not involved in the procurement process or the contractual agreements between an AHB and a developer or contractor.

While my Department maintains ongoing close engagement with local authorities and AHBs in relation to projects, the matters raised by the Deputy are specific to the circumstances of the individual contracting parties, and not a matter for my Department.

Local Authority Rates

Questions (445)

Brendan Smith

Question:

445. Deputy Brendan Smith asked the Minister for Housing, Local Government and Heritage if he will consider the issues pertaining to his Department raised by an association (details supplied); and if he will make a statement on the matter. [22623/20]

View answer

Written answers

The levying and collection of rates are legally matters for each individual local authority. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes. An initial three-month waiver of rates for businesses forced to close business due to COVID-19, was announced in early May.

In order to enhance the supports available for enterprise, and in recognition of the fact that not only have many ratepayers been forced to close business due to the public health requirements, but many others that remained open have suffered significant reductions in turnover, this waiver has now been extended to six months to 27 September 2020 and the categories of enterprise that are eligible have been expanded.

A 100% waiver will be applied to all businesses, for a six-month period to 27 September, with the exception of a small number of categories. The rationale for the exclusion of certain categories of ratepayers is that their operations were not as severely impacted by the pandemic, coupled with the need to direct resources appropriately. To support both the local government sector and the ratepayers impacted, €600m has been allocated by Government to fund the cost of a waiver of commercial rates for six months for eligible businesses, which will take the form of a credit in lieu of rates.

Local authorities have been provided with guidance on the waiver and should automatically apply a 100% credit in lieu of commercial rates, for a six-month period, to classes and categories of occupied rateable property where the occupying business is not in an excluded category.

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

Rental Sector

Questions (446)

Martin Browne

Question:

446. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the way in which an increase in persons working from home is resulting in persons from high-rental areas acquiring properties in low-rental areas in order that they can continue to work from home at a lower cost; if his attention has been further drawn to the way in which the practice is beginning to make it more difficult for families in receipt of the housing assistance payment to find landlords that will choose them over high-income applicants from elsewhere; his views on whether the practice may only get more common in the future; his plans to address same; and if he will make a statement on the matter. [22693/20]

View answer

Written answers

The 2020 target for additional Housing Assistance Payment (HAP) set-ups is 15,750 and at the end of Q2 2020, 7,825 HAP tenancies had been set up (49%). My Department is not aware that the increase in people working from home is impacting on the HAP scheme.

Under the HAP scheme, in order to secure appropriate accommodation for a household that requires it, each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit.

A landlord or an agent acting on behalf of a landlord is not legally obliged to enter into a tenancy agreement specifically with a HAP recipient. However, on 1 January 2016, the Equality (Miscellaneous Provisions) Act 2015 introduced “housing assistance” as a new discriminatory ground. This means that discrimination in the provision of accommodation or related service and amenities against people in receipt of rent supplement, HAP or other social welfare payments is prohibited. Further information is available athttps://www.ihrec.ie/your-rights/i-have-an-issue-with-a-service/i-have-an-issue-about-accommodation/.

Question No. 447 answered with Question No. 443.

EU Issues

Questions (448)

Seán Sherlock

Question:

448. Deputy Sean Sherlock asked the Minister for Foreign Affairs the amount the State has paid in European fines in each of the years 2016 to 2019 and to date in 2020, in tabular form; the details of each fine; and if they have or have not been rectified. [22057/20]

View answer

Written answers

The amount the State has paid in European fines in each of the years 2016 to 2019 and to date in 2020 is presented in tabular form below:

Year

Case ref.

Details of Fine

Rectified or Not

2019

Case C-261/18: Judgment of the Court (Grand Chamber) of 12 November 2019 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Non-compliance — Directive 85/337/EEC — Consent for, and construction of, a wind farm — Project likely to have significant effects on the environment — Absence of a prior environmental impact assessment — Obligation to regularise — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum)

€5 million lump sum fine

Plus - €15,000 daily fine from date of judgment (12/11/2019) to date of compliance with the judgment.

Lump sum fine paid by DHPLG in January 2020

Notification letter for payment of daily fines yet to be received from the Commission.

Not rectified yet. The judgment will be complied with when the Derrybrien wind farm is subjected to a retrospective Environmental Impact Assessment (EIA). This requires ESB, the owner and operator of the wind farm, through a subsidiary, to submit an application for the EIA to An Bord Pleanála. The application was lodged with the Board on 21 August 2020 following delays due to Covid19 and a turbary rights issue. The issue of the retrospective EIA and the daily fines is being managed by DCCAE and ESB.

2020

Case C-550/18: Judgment of the Court (Grand Chamber) of 16 July 2020 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Article 258 TFEU — Prevention of the use of the financial system for the purposes of money laundering or terrorist financing — Directive (EU) 2015/849 — Failure to transpose and/or to notify transposition measures — Article 260(3) TFEU — Application for an order to pay a lump sum)

The European Court of Justice set a financial penalty of €2million on Ireland for the delayed transposition of the 4th Anti-Money Laundering Directive (Directive (EU) 2015/849).

Rectified. The transposition of the Directive into Irish law was completed before the hearing of this case in December 2019 and no further action requires to be taken in respect of the Fourth Directive.

Foreign Policy

Questions (449)

Brendan Griffin

Question:

449. Deputy Brendan Griffin asked the Minister for Foreign Affairs if a foreign aid concept (details supplied) has been explored internationally; and if he will make a statement on the matter. [21092/20]

View answer

Written answers

Ireland's development cooperation programme has been recognised internationally for its commitment to Least Developed Countries (LDCs). This is in line with our international development policy, A Better World, which commits Ireland to reaching the furthest behind first.

The OECD's latest development cooperation Peer Review of Ireland was published earlier this year. That Peer Review commends Ireland for directing Official Development Assistance (ODA) to where it is needed most - to Least Developed Countries, fragile states, and priority partners and sectors. The Overseas Development Institute (ODI), a leading global think tank on development issues, has also ranked Ireland as one of the world's most efficient donors in targeting extreme poverty.

The concept identified in this question has not been given consideration internationally. Ireland remains steadfast in our commitment to the principles of development effectiveness, which emphasise the importance of country ownership over development processes, inclusive partnerships, a focus on results and mutual accountability among partners. We will continue to work with partners - including multilateral organisations, partner Governments and civil society - to ensure our ODA continues to reach those most in need.

Data Protection

Questions (450)

Catherine Murphy

Question:

450. Deputy Catherine Murphy asked the Minister for Foreign Affairs the process and procedures in place for handling data access requests from public authorities, other Departments and An Garda Síochána; the way in which the data is requested and released; the decision maker in the context of deciding whether to release or refuse data requests from the bodies; and if he will make a statement on the matter. [21182/20]

View answer

Written answers

My Department is fully committed to keeping all personal data submitted by its customers, safe and secure during administrative processes.

All data access requests must be made in writing, citing the relevant legislation. Requests are triaged by a designated officer. This is to primarily ensure that each request is made in accordance with the Data Protection Act 2018 and that sufficient information has been provided to identify an individual. During triage, the request will be refused if it is not requested in accordance with the Act or if insufficient data has been provided to identify an individual.

It should be noted that within An Garda Síochána, the requests are authorised at Chief Superintendent level.

Passport Services

Questions (451, 461)

Catherine Murphy

Question:

451. Deputy Catherine Murphy asked the Minister for Foreign Affairs the breakdown of the information requested by public authorities, Departments and An Garda Síochána from the Passport Office data set in the past year to date in 2020; the number of requests for access to data in the past year to date in 2020; the number of times his Department has refused access; the schedule of bodies and number of requests made over the time frame; and if he will make a statement on the matter. [21183/20]

View answer

Catherine Murphy

Question:

461. Deputy Catherine Murphy asked the Minister for Foreign Affairs the number and name of public authorities which requested passport application form and passport document data under the provisions of section 41 of the Data Protection Act 2018 for the period 29 January to 1 September 2020, inclusive; the number of requests received and declined in respect of each public authority; the data set information sought from each in each instance; and if he will make a statement on the matter. [22172/20]

View answer

Written answers

I propose to take Questions Nos. 451 and 461 together.

The Passport Service provides data when it is requested from public authorities only when it is satisfied it can do so in accordance with the GDPR and relevant sections of the Data Protection Act 2018. This request for information could include the data on a passport application form or on a printed passport document.

The data shared is the specific data requested by the public authority. The nature of the response is determined by the content of each request.

The following table outlines the public authorities which requested data under section 41 of the Data Protection Act 2018, and the number of such requests, from 29 January to 1 September 2020.

Name of public authority

Number of requests received

Number of requests rejected

An Garda Síochána

916

16

Europol

79

0

Interpol

555

3

Department of Justice and Equality

24

3

Department of Employment Affairs and Social Protection

42

0

Office of the Revenue Commissioners

47

0

TOTAL

1663

22

Passport Applications

Questions (452)

Catherine Murphy

Question:

452. Deputy Catherine Murphy asked the Minister for Foreign Affairs if nominated public bodies, Departments and An Garda Síochána have access on request to the data contained on a passport application form; if they have access to the data on the printed passport document; and if he will make a statement on the matter. [21184/20]

View answer

Written answers

The Passport Service provides information requested from public bodies, Departments and An Garda Síochána only when it is satisfied it can do so in accordance with the GDPR and relevant sections of the Data Protection Act 2018. Requests for information could include the data on a passport application form or on a printed passport document.

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