Written Answers Nos. 322-342
322. Deputy Dara Calleary asked the Minister for Media, Tourism, Arts, Culture, Sport and the Gaeltacht the financial supports available to artists who may be preparing work or composing pieces for performance in 2021 or 2022; and if she will make a statement on the matter. [23989/20]
View answerThe July stimulus measures are a significant part of government’s response and will help support Ireland's creative sectors over this crisis.
In accordance with this, I recently launched a number of new music and performance support schemes to aid employment in the creative industries given the unprecedented nature of the challenge facing the music and live performance sectors owing to Covid-19 restrictions.
Firstly, I announced an allocation of €5 million is being made available under the “Live Performance Support Scheme” which aims to assist commercial venues, producers and promoters of live performances and provide employment to workers in the creative industries. The scheme will help to de-risk the costs of preparing for new productions which may subsequently have to be postponed, cancelled or curtailed due to restrictions to safeguard public health. The main objective of the scheme is to provide employment opportunities in the ticketed performance sector and allow commercial organisers of live performances to commence preparations immediately and productions to go ahead in the near future while also complying with public health protection measures. This scheme has been developed following consultation with the sector and will be managed directly by the Department.
Application Form and Guidelines for “Live Performance Support Scheme” may be accessed here.
Secondly, a further support package, the Music Stimulus Package, involves three funding schemes designed to help sustain the popular and commercial music sector across all music genres, including rock, pop, hip hop, indie, jazz, country and western and traditional and folk. Under this package, a fund of €1 million is being put in place to stimulate areas of work which artists would usually fund with income from own sources including live event fees.
The music support schemes are targeted at professional musicians and their teams and will support song writing camps, recording and album releases. The aim is to ensure that Irish musicians, engineers, PR, media, agents, labels and publishers can continue to develop and share their work in the context of COVID restrictions. The Music Stimulus Package schemes will be managed on behalf of the Department by First Music Contact and will be subject to peer panel assessment.
Application Form and Guidelines for “Music Stimulus Package” may be accessed here.
The key features of these Support Schemes include the following:
- Support the creation of employment opportunities in the culture, creative and music industries.
- Address the large gap left by the absence of income from live performances.
- Support performances/work that will commence on or before 31 December 2020.
- Support commercial venues, producers and promoters in the culture sector (e.g. music, entertainment and theatre).
- Support the music professionals and aim to ensure that Irish musicians, engineers, PR, media, agents, labels and publishers can continue to develop and share their work in the context of Covid-19 restrictions.
I recently announced the setting up of a taskforce under the Chair of Clare Duignan in accordance with the Programme for Government. This commits to establishing a cross departmental taskforce to develop a clear approach, informed by the views of all stakeholders, to protect and sustain the arts and culture sector through the Covid-19 recovery and beyond, which in turn will inform the National Economic Plan.
Other measures announced under the Stimulus include additional funding to the Arts Council to brings its total allocation this year to €105 – some 40% higher than in 2019. A key objective of this funding is to provide enhanced support for freelance artists and arts workers who have been impacted severely by COVID-19.
Wider Government measures aimed at the creative sector include liquidity and investment measures and taxation measures as well as labour market interventions.
The new Employment Wage Subsidy Scheme will benefit workers across the creative sector. Many of these organisations availed of the Temporary Wage Subsidy Scheme which allowed them to retain workers in employment since March.
The Government is today publishing the Roadmap for Resilience and Recovery. This maps how we balance public health, economic and social aspects of living with COVID-19 in the short to medium term and try to bring some greater certainty so that society and business can plan forward.
323. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage his plans to implement an online licensing system for the issuing of wildlife licensing permits; the number of permits issued to date to licensed deer hunters for the 2020-21 season; and if he will make a statement on the matter. [23394/20]
View answer326. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the reasons for delays in issuing deer hunting licences in 2020; the number of applications received and granted at this stage; if he will provide the correspondence, briefings, reports or materials in relation to this; and if he will make a statement on the matter. [23496/20]
View answer347. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if the delays in the processing of deer hunting licences for the 2020-21 season will be addressed; if he will consider extending licences for persons that had a deer licence in the 2019-20 season in the meantime; and if he will make a statement on the matter. [23514/20]
View answerI propose to take Questions Nos. 323, 326 and 347 together.
I am aware of some delays in my Department this year in processing deer hunting licence applications and I am aware that many deer hunters have not received their licenses yet this year.
The delays arise as a result of the ongoing Covid-19 public health emergency and the effects this has had on travel and working arrangements. While staff in the unit that deals with the issuing of licenses continued to attend the office during the crisis, given restrictions, the numbers of such staff attending was, of course, restricted . The database system used for managing deer licensing is not currently a web based one and some technical challenges arose in facilitating the processing of such licenses for staff working remotely with laptops.
Several thousand licenses applications have been received to date and over two thousand have been issued thus far. Staff are working flat out to eliminate the backlog as quickly as possible.
I am aware that it has been suggested by individuals, hunting and farming bodies that I would extend licenses for the previous deer hunting season to allow hunters with such a license to hunt after 1 September with their previous licenses. However, the provisions in the Wildlife Acts do not allow for the extension of deer hunting licences and licences for last season automatically expired under the law on 31 July this year.
The priority of staff now is to have licenses issued as quickly as possible. It is my Department’s intention to review the legislative and administrative arrangements in relation to deer licensing with a view to securing improvements for customers and I will welcome the views of stakeholders in this regard. The main priority for now is to deal with the backlog on hand. In addition, it is the intention to work towards the introduction of an on-line application system and some early work in this regard has taken place and I will work to see that this happens as quickly as possible.
324. Deputy Christopher O'Sullivan asked the Minister for Housing, Local Government and Heritage the measures being taken to ensure the recent flooding of businesses and premises in Bandon, County Cork, is not repeated. [23473/20]
View answerThe Office of Public Works (OPW) is the lead State body for the coordination and implementation of Government policy on the management of flood risk in Ireland.
I understand from the OPW that to address the issue of flooding in Bandon, the Flood Relief Scheme that commenced in 2016 is now nearing completion. The flood relief scheme is mainly a dredged solution and while construction works are not completely finished, the scheme is largely operational since 2019.
Regarding the recent flooding that occurred during storm Francis, I understand that this arose through surcharging on the combined sewer system caused by the heavy rainfall with some 25mm of rainfall reported in the area over a 2 hour period.
In this regard, Irish Water has informed my Department that it is working to upgrade the town’s sewer and storm water drainage capacity. Pending the completion of these works Irish Water are examining the possibility of carrying out further minor works that might assist during any further events, such as additional road gullies.
In addition, each local authority creates a Flood Plan relevant to its local flood risk and response capabilities for when a flooding emergency may occur.
Finally, I would like to take the opportunity to acknowledge the resilience shown by the people of Bandon, and other parts of the country that have been impacted by the recent severe weather events, and the great work undertaken to ensure that the town reopened for business as soon as possible.
325. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage the position adopted concerning the EU REACH committee to ban the use of lead ammunition; the details of meetings held within his Department and between his officials and third parties; the reason an adequate public consultation process was not initiated by him in this regard; and if he will make a statement on the matter. [23484/20]
View answer331. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage his views on the proposed EU restrictions on lead ammunition; the role his Department had in formulating such proposals; if he supports the regulations; the measures he will take to support gun owners who may have to retrofit their shotguns at a significant cost to comply with these regulations; and if he will make a statement on the matter. [24105/20]
View answerI propose to take Questions Nos. 325 and 331 together.
The Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was developed under the UN Convention on Migratory Species. Ireland signed up to the Agreement in 2003. The agreement includes a commitment that “Parties shall endeavour to phase out the use of lead shot for hunting in wetlands as soon as possible in accordance with self-imposed and published timetables." This is because there is slow accumulation of lead from shot in wetlands where hunting occurs. The lead is generally harmful in the environment and can also be consumed by wildfowl.
Since the Agreement was signed, the European Commission published a draft Regulation for consideration by Member States on the use of lead shot in and around wetlands following a report on the matter by the European Chemicals Agency (ECHA). It is understood that interested parties in Member States including hunting interests in Ireland made submissions on the matter during a Commission consultation process.
My Department held consultations with interested parties including hunting and farming interests on this matter. While Department supports the underlying thrust of the Regulations and is committed to phasing out lead shot in and around wetlands following consultation with hunting and farming interests, it did make a case for a longer lead in time to deal with transitional challenges and in that regard submitted documentation to the REACH Committee of the European Union, the forum where the Regulation is under discussion.
The issue was most recently discussed at the REACH meeting held on 3 September. Notwithstanding Ireland’s reservations on the draft Regulation in relation to the lead-in time and as we are committed to phasing out lead shot in and around wetlands, Ireland indicated at the meeting that we would support the draft Regulation which does envisage a transitional phase. A vote was taken at the meeting on the draft Regulation and it was passed by the necessary majority by Member States with Ireland voting to support the measure. The draft Regulation will now be sent to the Council and European Parliament for scrutiny for a period of 3 months.
My Department will maintain consultation with relevant interests including hunting and farming organisations in the coming period in relation to implementation of the draft Regulation should it become law.
327. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if licences for the capture of hares for the 2020-21 hare coursing season have been issued; if not, when licences will be issued; his plans to place specific conditions on those licences in view of the incidents of RDH2 found in the population; and if he will make a statement on the matter. [23559/20]
View answer346. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage the process in terms of the renewal of the national coursing licence; if there is a consultation process and timeframe; and his views on the matter. [23500/20]
View answerI propose to take Questions Nos. 327 and 346 together.
I am at present considering a license application from the Irish Coursing Club on behalf of its associated clubs to capture hares for the forthcoming 2020/2011 coursing season. My Department has already consulted with the Irish Coursing Club in relation to its license applications and has received a number of views from a range of different interests in this regard. A decision on the application will be made imminently.
328. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage his plans to implement a national survey of hare and rabbit populations to determine the prevalence of RDH2; and if he will make a statement on the matter. [23560/20]
View answerAn outbreak of Rabbit Haemorrhagic Disease (RHD2) occurred in Ireland in mid to late 2019. It has been detected in the Irish hare and both wild and domestic rabbit populations. RHD2 was first identified in France in 2010 and has since spread globally. It is caused by a Lago-virus and is extremely infectious.
Although it bears no risk to people, its potential impacts on the rabbit and hare populations are detrimental. While its effects on the Irish hare population are largely unknown, the impact on rabbits in other countries have been widely published with significant local and regional declines seen in some areas. There have been anecdotal reports of rabbit population declines in Ireland as well, but we do not have the data to support these and rabbits are known to be vulnerable to a number of different diseases, including myxomatosis.
While the rabbit is not a protected species it is an important part of wild ecosystems and a vital source of food for several protected species such as stoats, buzzards and eagles.
The Irish hare is one of our native mammals and is protected under both national and EU legislation. If RHD2 was to become widespread in this species, the impacts on its conservation status could be catastrophic.
The National Parks and Wildlife Service (NPWS) of my Department, with the assistance of the Veterinary Laboratory Service in the Department of Agriculture, Food and the Marine (DAFM) are collaborating on a national survey to assess the level of spread of this disease around the country. The survey will examine 500-1,000 rabbits taken from hunting bags at different locations in every county of Ireland. The rabbits sampled will be those ordinarily taken by licensed hunters in the course of their normal leisure shooting, pest control or crop protection. These rabbits will in turn be tested to see if they are either carrying the disease or if they have been exposed to this disease. Due to the nature of this project, the NPWS & DAFM have sought the assistance of the National Association of Regional Game Councils (NARGC) in gathering samples from every county.
The survey will provide data on the prevalence and distribution of the disease in Ireland, but will also help us to learn more about the potential for rabbits to recover and develop immunity from the disease. The results of this survey will also allow us to better understand the risk of spread of RHD2 into hares.
The aim is for all samples to be collected and submitted to local Regional Veterinary Laboratories before the end of October. Lab analysis will follow and is expected to take several months. The survey results will be published as soon as they are available.
329. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage the position regarding a matter (details supplied); and if he will make a statement on the matter. [23796/20]
View answerBoth species of seal in Irish waters - the Harbour or Common Seal and the more numerous Grey Seal - are protected under the EU Habitats Directive and Ireland is obliged to maintain their numbers at a favourable conservation level. We are also required to monitor their populations and report to the European Commission on their conservation status. A standardised monitoring programme has been in place for both species since 2009. The most recent report on their conservation status was submitted to the European Commission in April 2019 and is available on the NPWS website (https://www.npws.ie/sites/default/files/publications/pdf/NPWS_2019_Vol3_Species_Article17.pdf).
The latest population estimates available to my Department indicate that there are approximately 8,000-10,000 grey seals and about 5,000 harbour seals in Ireland. These animals are spread around the Irish coast with the largest populations occurring along the west coast from the Blaskets in Co. Kerry to north Mayo and Donegal.
Seals, and grey seals in particular, are wide ranging animals. The Irish animals are known to move between Scotland and north-west France. In turn, animals from the large seals populations in Scotland migrate into Irish waters to feed. There are over 100,000 grey seals in Scotland.
While seals are a protected species, my Department may issue licenses to cull individual problem seals, and affected persons can apply for such licenses. My Department has no plans to undertake a general cull of seals.
My Department has been in contact in the last year with fisherman interests from the south-west, including Dingle, on the question of seals. Five Section 42 license applications have been received to date this year. One of these - relating to an estuary in Sligo – was approved. One was refused as it related to the shooting of seals on the Blasket Islands, a Special Area of Conservation for seals. The remaining three applications were also from the South West – two in Kerry and one in Cork and involved shooting seals including from boats. There are concerns about this approach to seal management, given the potential safety concerns arising from using high-powered rifles on moving platforms. Nonetheless, my Department is examining the potential for a pilot scheme which would test this approach and determine its efficacy in protecting fishermen’s catches. A decision on the two remaining licences has been delayed until this pilot scheme can be advanced. Plans to initiate this scheme earlier in the year had to be postponed due to the pandemic.
My Department is also in discussion with the Marine Institute on approaches to managing seal-fishery interactions.
330. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage his plans to apply designations in respect of the EU biodiversity strategy; his further plans to consult with landowners and communities prior to a designation; and if he will make a statement on the matter. [23889/20]
View answerThe EU Biodiversity Strategy for 2030 was launched by the European Commission on 20 May 2020. It aims to ensure that Europe’s biodiversity will be on the path to recovery by 2030, and proposes ambitious EU actions and commitments to halt biodiversity loss in Europe and worldwide. It proposes that by 2030, the 27 Member States collectively legally protect at least 30% of the EU’s land and marine areas, and that 10% (or one-third of the protected areas) would be strictly protected (including strict protection relating to ancient woodland and significant areas of other carbon-rich ecosystems, such as peatlands, grasslands, wetlands and seagrass meadows).
The Strategy foresees that these proposed actions in nature protection, sustainable use and restoration will bring concrete economic benefits to local communities, creating sustainable jobs and growth, and will work in tandem with the Farm to Fork strategy and the new Common Agricultural Policy.
Further information is awaited from the European Commission around criteria and guidance for identification of additional protected areas, the definition of strict protection, and the question of burden sharing across the EU27 in reaching the 30% target.
Farmers and landowners are key stakeholders in this discussion and will be crucial to implementation of the Strategy. I am committed to listening carefully to concerns about designations and other biodiversity matters, and to engage further in consultation with stakeholders including the farming community and organisations. At this time, I am not in a position to make a definitive statement regarding designations as my Department is awaiting the further information from the European Commission, outlined above.
332. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will consider expanding the pyrite and mica defects scheme to counties other than Mayo and Donegal, such as County Clare, in cases in which home owners can demonstrate their homes are affected by the same defective building materials. [23259/20]
View answer359. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage the way in which and when the financial assistance scheme for the remediation of damaged dwellings due to the use of defective concrete blocks such as those established in counties Mayo, Donegal and Limerick and the pyrite remediation scheme will be made available to homeowners in County Clare. [24116/20]
View answerI propose to take Questions Nos. 332 and 359 together.
The regulations for the Defective Concrete Blocks Grant Scheme came in to operation on 31 January 2020. The Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 provide for a grant scheme of financial assistance to support affected homeowners in the counties of Donegal and Mayo only, to carry out the necessary remediation works to dwellings that have been damaged due to the use of defective concrete blocks. The scheme opened for applications at the end of June 2020. I have no plans currently to extend it to other local authority areas.
The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme implemented by the Board with support from the Housing Agency. The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance e.g. such as pyrite in concrete blocks. Any proposal to amend the scheme is, in the first instance, a matter for the Pyrite Resolution Board. For the information of the Deputy, the scheme currently operates in the local authority areas of Dublin City, Dun Laoghaire-Rathdown, Fingal, Kildare, Meath, Offaly, and South Dublin.
It is important to note that the Board is independent in the performance of its functions, and as Minister, I have no role in the operational matters relating to the implementation of the Pyrite Remediation Scheme. The Board may be contacted directly by phone at Locall 1890 252842 or by email to info@pyriteboard.ie or alternatively at oireachtasinfo@pyriteboard.ie.
Both schemes are "schemes of last resort” for affected homeowners who have no other practical option to obtain redress.
333. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will publish the terms of reference and the work plan for the new national coastal change management strategy steering group; the membership of the steering group; and if he will make a statement on the matter. [23260/20]
View answerThe National Coastal Change Management Strategy Steering Group is jointly chaired by my Department and the Office of Public Works (OPW). The Group is comprised of senior officials from the Department of Communications, Climate Action and the Environment, the Department of Transport, Tourism and Sport, the Department of Public Expenditure and Reform, the Department of Agriculture, Food and the Marine, Met Éireann, and the County and City Management Association. The Group met for the first time on 3rd September 2020 and will report to Government within six months with initial findings and recommendations.
The Inter-Departmental Group has been convened to scope out an approach for the development of an integrated, whole of Government coastal change management strategy. The scoping report will seek to address matters including:-
- Approaches to coastal change management in EU and other jurisdictions;
- Baseline and other data capture and research requirements to inform developing, implementing and monitoring a national coastal management strategy, to include potential damages assessment;
- Outline of the economic, environmental, cultural and social policy issues arising with approaches to coastal change management;
- Criteria that can help inform planning and investment decisions on future use of all coastal areas, including any guidance requirements;
- Recommendations on future structures and roles of Government Departments to deal with coastal change and to deliver a national coastal change policy, including adaptation strategies, resource implications, legislative and regulatory change requirements and a communications strategy to underpin it.
The work of the group will build upon preliminary risk analysis by the OPW, existing climate adaptation plans, the National Planning Framework and the draft National Marine Planning Framework, to provide a framework for key decisions to be taken on how Ireland can best manage its coastline in light of the risks from rising sea levels and more frequent extreme sea level events and coastal erosion.
334. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if responsibility for Traveller accommodation has been delegated to one of the Ministers of State within his Department; if so, the Minister of State; and the status of the implementation of the recommendations from the report of the Expert Group on Traveller Accommodation. [23376/20]
View answerI am currently considering the matter of the delegation of particular functions to both Ministers of State who have recently been assigned to my Department.
On the matter of the recommendations in the Traveller Accommodation Expert Review Report, there are 32 proposals aimed at:
- addressing research deficiencies, including how information is gathered and used;
- removing any potential delays and obstacles in the planning system in terms of delivery;
- increasing resources and delivery capacity; and
- strengthening governance arrangements.
The recommendations have been categorised into separate streams reflecting recommendations that can be completed within my Department, recommendations that require the assistance of other Government Departments and Agencies and recommendations that will require the commission of further independent research.
My Department has already progressed a number of short term recommendations and working groups are already working on others. For example, a review has been concluded of the arrangements for the disbursement of funding for the provision and refurbishment of Traveller specific accommodation and a new process implemented for the 2020 allocation of funding process.
Meetings have taken place with working groups within my Department and with other Government agencies and Departments. Officials from my Department are reporting progress on the implementation of the recommendations of the Expert Group report at the NTACC meetings along with seeking input from them as major stakeholders.
I plan to establish a dedicated Programme Board led by my Department and including all the necessary representatives to drive implementation of the Report. The work will be informed by input from key stakeholders, including those representing travellers.
335. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage his plans to carry out a review of the local property tax allocations across the State (details supplied). [23406/20]
View answerAs with all taxation matters, responsibility for Local Property Tax (LPT), including the structure and basic rate of the tax, rests with the Minister for Finance. Notwithstanding that, as LPT replaced general purpose funding to local authorities in 2015, I am responsible for LPT allocations to local authorities.
I can confirm that the LPT allocation process for 2021 is unchanged from recent years and that my Department has recently informed local authorities of their pre-variation LPT allocations for 2021, based on collection data provided by the Revenue Commissioners. This will ensure that local authority members, in line with their statutory responsibilities, can make informed decisions on LPT variation by the end of September deadline.
The Programme for Government – Our Shared Future, sets out a range of actions that relate to local authority funding. The Programme commits to bringing forward legislation for the LPT on the basis of fairness and that most homeowners will face no increase. It also states that those counties with a lower LPT base will be adjusted via an annual national equalisation fund paid from the Exchequer.
Notwithstanding the particular challenges that individual authorities may face, all local authorities are experiencing financial challenges as a result of Covid-19. In order to support the local government sector generally, my Department continues to keep local authority income, expenditure and cash flow under review and will continue to work with all local authorities both collectively and individually, on issues arising.
336. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage the supports available to homes in County Clare that have been affected by pyrite; and his plans to extend the pyrite remediation scheme to more affected counties such as County Clare that have identified cases of pyrite in family homes. [23407/20]
View answer356. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if the pyrite remediation scheme extends to properties in County Clare; and if he will make a statement on the matter. [24042/20]
View answer357. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if home owners in counties not included in the pyrite remediation scheme qualify for financial assistance to defray the costs of testing; and if he will make a statement on the matter. [24043/20]
View answer358. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if home owners who are the third legal owners of a dwelling qualify in principle for assistance under the pyrite remediation scheme; if not, if the scheme is planned for first-hand legal owners only; and if he will make a statement on the matter. [24044/20]
View answerI propose to take Questions Nos. 336 and 356 to 358, inclusive, together.
The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency.
The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance, e.g. such as pyrite in concrete blocks.
The pyrite remediation scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website, www.pyriteboard.ie.
The scheme is applicable to dwellings, which are subject to significant damage attributable to pyritic heave established, in accordance with I.S. 398-1:2017 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In this regard, it is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. This ensures that, having regard to the available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave. There are no proposals to amend this eligibility criterion or to provide for further financial assistance outside of the scheme.
In regard to extending the scheme to other counties, as matters currently stand, the position is that the scheme is based on the information that was available to the Board at the time of its adoption in February 2014 and having regard to the detail set out in the Report of the Pyrite Panel (July 2012).
The Panel undertook a desktop study, in conjunction with a stakeholder consultation, to establish certain facts in relation to the potential exposure of pyrite in dwellings. The information was gathered from a number of sources including local authorities, structural guarantee providers, representatives of homeowners, private builders, construction professionals and public representatives and was cross referenced to verify, as far as practicable, its validity.
Seventy four estates were identified to the Pyrite Panel, as possibly having pyrite. At that time all of these estates were located in the five local authority areas of Dublin City, Fingal, Kildare, Meath and Offaly, although the scheme was subsequently amended in February 2015 in the light of relevant information that emerged in the local authority areas of Dun Laoghaire-Rathdown and South Dublin with regard to pyritic heave in a small number of housing developments in each of the two local authority areas.
Any proposal to amend the scheme is, in the first instance, a matter for the Pyrite Resolution Board and any such proposal would require detailed consideration of the evidence. The recommendations of the Pyrite Panel, which informed the establishment of the pyrite remediation scheme, were premised on a number of pertinent factors. Similar factors would need to be examined by the Pyrite Resolution Board in advance of extending the scheme to other areas, given the scheme is ultimately one of last resort.
As a minimum, in order to consider the appropriateness or otherwise of amending the scheme, I understand that the Board would require a report addressing the following information: -
- the extent and severity of damage to dwellings in the local authority area caused by pyritic heave in the subfloor hardcore;
- verification, if available, that the damage has been caused by pyrite;
- the background to the occurrence of the damage;
- details of any structural warranty policies for the dwellings;
- the history of the estate’s construction, numbers, type of dwellings etc;
- the source of the hardcore supplied to dwellings in the estate; and
- any supporting geological assessments.
In addition to the above, the Board may also make such further enquiries as it considers necessary in order to assist it in considering the matter. In this regard, it would be advisable for the residents to confirm the nature of the pyrite problems in the area, i.e. do the problems stem from reactive pyrite in the subfloor hardcore material which is giving rise to pyritic heave and consequential significant pyritic damage.
In regard to home ownership and the eligibility criterion, the Act also sets out the broad parameters which the Board must have regard to when establishing the eligibility criteria for the pyrite remediation scheme.
Section 15(3) of the Act, which prevents applications being made under the scheme by a person who purchases a dwelling on or after 12 December 2013 (the publication date of the Bill), applies where that person knew or ought to have known that the dwelling was constructed using hardcore containing reactive pyrite.
I understand that Section 15(3) does not represent a blanket exclusion preventing applications being made under the scheme by a person who purchases a dwelling on or after 12 December 2013. It is, however, a matter for the Board to determine, based on facts and evidence in each individual case, whether an applicant is or is not entitled to apply for inclusion into the Pyrite Remediation Scheme.
It is important to note that, in accordance with the provisions of the Act, the Board is independent in the performance of its functions, and as Minister, I have no role in the operational matters relating to the implementation of the scheme. The Board may be contacted directly by phone at Locall 1890 252842 or by email to info@pyriteboard.ie or alternatively at oireachtasinfo@pyriteboard.ie.
Since my appointment as Minister, I have had the opportunity to meet many of the bodies that operate under my aegis of my Department and I intend to meet with the Pyrite Resolution Board in relation to its important work in the coming weeks.
337. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if the report he has requested from the Residential Tenancies Boar, RTB, on the eviction on Berkeley Road, Dublin 7, will be published; if so, the date it will be published; and if he will make a statement on the matter. [23432/20]
View answerWith reference to the alleged eviction at 7 Berkeley Rd, Dublin 1, I sought early engagement by the Residential Tenancies Board (RTB) to ensure that the full powers and resources available to the RTB are fully utilised to ensure that these tenants are treated fairly, respectfully and within the confines of protections provided in the Residential Tenancies Acts (2004-2020).
Under the Residential Tenancies (Amendment) Act 2019, the RTB has been granted additional functions in the form of a Sanctions Regime. Part 7A of the Residential Tenancies Acts was introduced to facilitate the investigation of “improper conduct” and to provide for sanctions against landlords should it be warranted. Significantly the investigation can now be triggered by the RTB in it’s own right rather than depending on a complaint or the raising of an adjudication/dispute by the tenant.
The matter of illegal evictions is a very serious one. Where a landlord is determined to have engaged in an illegal eviction, the landlord may be directed to allow the tenant to re-enter the dwelling. Further, a landlord may also be required to pay substantial damages (up to €20,000) depending on the circumstances of the case. Tenants can take a case to the RTB where an illegal eviction has occurred. As the RTB have replaced the courts in the dispute resolution functions, the RTB has a responsibility towards all parties involved in a dispute to ensure that a fair hearing is conducted and that each party will have the opportunity to set out their case. Any decision will be made based on the facts and evidence of a given case.
The RTB has confirmed to me that a dispute has been received and a case has been raised in relation to this matter. They are actively reviewing and assessing all available information to ascertain if they can commence an investigation under Part 7A of the Act. It is not possible for me to comment further at this time on the specifics of this case or the actions that are or may be taken on foot of the alleged illegal eviction. To do so could prejudice the dispute process and role of the RTB. The RTB must ensure it is independent and impartial to ensure that the integrity of its functions (including the resolution of disputes and imposition of sanctions) is upheld at all times.
I am deeply committed to ensuring that we have the strongest protections possible, balancing the need for fairness, and with this in mind I have directed the RTB, under Section 151(2) of the Residential Tenancies Acts, to fully investigate this incident and to make a report to me, with relevant recommendations, as soon as possible. This cannot be done until such times as the case has concluded, at which point the RTB will submit their findings to me for consideration.
On receipt of its report I will swiftly consider it and move to implement any relevant recommendations that will further protect tenants.
338. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of persons evicted since the blanket ban on evictions was lifted in August 2020; and if he will make a statement on the matter. [23433/20]
View answerThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2020, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
The Clerk of the Dáil requested that arrangements be put in place to facilitate the provision of information by State Bodies to members of the Oireachtas. Following the issue of Circular LG (P)05/16 on 20 September 2016 from my Department, the RTB set up a dedicated email address for this purpose. The RTB may be contacted at OireachtasMembersQueries@rtb.ie to establish the extent to which it may hold the information sought.
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.
339. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of departmental reports that are pending publication; the titles of the reports; the dates he anticipates the publication of each; and if he will make a statement on the matter. [23434/20]
View answerA small number of Departmental reports are pending publication, i.e. expected to be published this month or next, the details of which are set out in the following table:
|
Title of Departmental Report |
Completion Due |
|
National Traveller Accommodation Consultative Committee Annual Reports 2014-2019 |
October 2020 |
|
Summary of the public consultation on the Marine Strategy Framework Directive |
October 2020 |
|
2018-2019 Annual Report on the National Peatlands Strategy |
October 2020 |
|
Benthic Vegetation in Irish Marl Lakes: Monitoring Habitat 3140 Condition 2011 to 2018 |
October 2020 |
|
Marl Lake (Habitat 3140) Survey and Assessment Methods Manual |
October 2020 |
|
Recording and Addressing Persecution and Threats to Our Raptors. A review of incidents 2007–2019. |
October 2020 |
340. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if legislation will be introduced to require local authorities to publish minutes of pre-planning consultations; and if he will make a statement on the matter. [23435/20]
View answerProvision is already made in legislation that requires planning authorities to publish and make available pre-planning consultation documents relating to received planning applications.
In this connection, section 247(5) of the Planning and Development Act 2000, as amended, provides that when a pre-planning consultation meeting is held in relation to a proposed development, the planning authority is required to keep a record in writing of any consultations under this section that relate to such proposed development, including the names of those who participated in the consultations. It is further required that a copy of such record shall be placed and kept with the documents to which any subsequently submitted planning application in respect of the proposed development relates.
341. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if provision will be made to enable community co-operatives to apply to the Housing Finance Agency for finance; and if he will make a statement on the matter. [23437/20]
View answerIn respect of housing, the function of the Housing Finance Agency (HFA) is to advance loan finance to local authorities, the voluntary housing sector and Higher Education Institutions to be used by them for any purpose authorised by the Housing Acts and to borrow or raise funds for these purposes.
Regarding the voluntary housing sector, the HFA can only lend to a body which has been approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992. This provision enables a housing authority to provide assistance to an approved body in respect of the provision, or management of housing accommodation, or in respect of other matters in relation to housing. Subsection (2) of section 6 sets out what constitutes assistance.
Bodies approved under section 6 are broadly known as Approved Housing Bodies (AHBs). More information on lending by the HFA to AHBs is available directly from the HFA's website at:
https://www.hfa.ie/hfa/Live/Release/WebSite/HomePage/lending2approved.html
342. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 561 of 30 July 2020, the way in which adjacent to the functional area is defined; if it is the high watermark, the low water mark or another measure; and if he will make a statement on the matter. [23446/20]
View answerAs indicated in my last reply, it is a matter for each individual local authority to provide a view on whether a development or proposed development was in or adjacent to the functional area. If the Deputy has a particular circumstance in mind, he should make an enquiry to the relevant local authority.
