Written Answers Nos. 343-362
343. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 161 of 9 October 2019, if consideration has been given as to the way in which local authorities can implement the provisions outlined by section 84(5) of the Housing (Miscellaneous Provisions) Act 2009 for such families; and if he will make a statement on the matter. [23447/20]
View answerPart 5 of the Housing (Miscellaneous Provisions) Act 2009 was commenced in June 2018 to provide a new statutory basis for affordable dwelling purchase arrangements. Initial Regulations in relation to schemes of priorities were made subsequently and further Regulations are being developed regarding eligibility and other matters.
Under the provisions of section 84(2)(c) of the Act, a household will normally be ineligible for an affordable dwelling purchase arrangement where the household or any household member has previously purchased or built a dwelling for his or her occupation, or for any other purpose, in the State.
However, section 84(5) provides that where a household requires to relocate to a different dwelling or different administrative area or both, section 84(2)(c) will not render a household ineligible where the household had previously purchased an affordable dwelling under Part 5 or under the previous legislative provisions in relation to affordable purchase arrangements (now repealed).
The question of whether a household "requires" to relocate would be a matter for the housing authority to determine under section 84(5). However, the need for any further detail or guidance on this matter will be considered in the context of Regulations to be made in the coming months or in guidelines to be issued by my Department.
This Government is absolutely committed to ensuring that affordable, quality housing solutions are available to everyone in Irish society and this is reflected in the Programme for Government - Our Shared Future. In terms of affordable housing more generally, I will outline my detailed plans later in the Autumn, taking account of progress to date under existing measures such as the Serviced Sites Fund and the Rebuilding Ireland Homeloan and informed by the input of key delivery partners.
344. Deputy Christopher O'Sullivan asked the Minister for Housing, Local Government and Heritage if he will consider extending the local authority rates waiver to a minimum of 12 months for tourism businesses. [23476/20]
View answerThe levying and collection of rates are legally matters for each individual local authority. Local authorities have 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 were many ratepayers forced to close business due to the public health requirements, but many that remained open suffered significant reductions in turnover, the waiver has been extended from three to six months, until 27 September 2020. The categories of eligible enterprise have also been expanded somewhat.
A 100% waiver will be applied to all businesses, for the 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.
In terms of extending the existing waiver beyond six months, there is no proposal at this stage to extend the waiver. Indeed, any extension would need to be considered in the context of the public health measures in place and the overall suite of business support measures made available by Government to date.
345. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage when the RTB will resume oral hearings; if a party to a dispute can refuse to have a dispute hearing online or via teleconference; and if he will make a statement on the matter. [23478/20]
View answerThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. The service provided by the RTB is quasi-judicial and all of their mediators, adjudicators and tribunal members have independent decision-making powers, in the same way as judges have within the Court system. To ensure impartiality, transparency and fairness, adjudicators are independently appointed and they undertake their functions in an autonomous capacity.
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 in relation to the matters raised.
348. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when the building of affordable houses in Galway city and county will be approved; the reason for the delay; and if he will make a statement on the matter. [23801/20]
View answerThis Government is absolutely committed to ensuring that affordable, quality housing solutions are available to everyone in Irish society and this is reflected in the Programme for Government "Our Shared Future".
Under the Serviced Sites Fund, €310 million has been allocated to provide infrastructure to support the delivery of more affordable homes on local authority lands. With a maximum of €50,000 funding available per home, at least 6,200 more affordable homes, to buy or rent, can be facilitated. To date, Serviced Sites Funding of €127 million has been approved in principle in support of 35 projects in 14 local authority areas, which will assist in the delivery of almost 3,200 affordable homes.
All Serviced Sites Fund proposals are assessed on the basis of economic analyses submitted by local authorities, which are required to verify local affordability challenges, project viability, and the ability to deliver affordable homes with at least a 10% discount on open market values.
Two of the aforementioned 35 projects are located in Galway; Merlin Park Lands in Galway City and Raheen, Athenry in Galway County. Cumulatively they will assist in the delivery of 103 affordable homes; 73 in Merlin Park Lands and 30 in Raheen, Athenry. My officials have been in regular contact with officials from both the City and County Councils and I also understand that they intend to submit further applications for funding support to deliver affordable homes on other sites in their areas under an SSF Call for Proposals which I plan to issue to local authorities in the near future.
In terms of affordable housing more generally, I will outline my detailed plans in the Autumn, taking account of progress to date under the SSF, other measures and the input of key delivery partners.
349. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the number of tree preservation orders issued by the four Dublin local authorities in each of the years 2015 to 2019, in tabular form; and if he will make a statement on the matter. [23835/20]
View answerThe specific information requested in relation to tree preservation orders is no longer collated by my Department. However, individual local authorities may compile information in this regard. Data on tree preservation orders which was collected for the years 1998 to 2012 is available on my Department's website at the following link:
https://www.housing.gov.ie/planning/statistics/planning-statistics-1.
350. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the options open to residents who are being charged excessive ground rent by the landlords or owner of their houses especially in such instances in which the ground rent is due to expire in 2029 yet the resident is being charged €30,000 as in the case of a person (details supplied). [23837/20]
View answerThe Property Registration Authority (PRA) deals with applications under Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978, whereby owners of leasehold properties can purchase their ground rent (freehold interest).
Further details of this Ground Rents Purchase Scheme can be found on the PRA website (www.prai.ie). The PRA is independent in the performance of its functions.
351. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the measures he has and will bring forward to assist apartment owners and multi-unit developments that are or have experienced building defects; and if he will make a statement on the matter. [23838/20]
View answerI acknowledge the very stressful circumstances which owners and residents face when their homes are affected by construction defects.
In general, building defects are matters for resolution between the contracting parties involved, the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme.
However, my Department is committed to actively engaging with all key stakeholders in respect of the commitments in relation to defects in the Programme for Government. Indeed, I met with a number of stakeholder representative groups in July and will continue that engagement in the coming weeks. In the first place, my Department is currently preparing to set up the structures to examine the issue of defective housing, this will include apartment buildings.
Local authorities have extensive powers of inspection and enforcement under the Fire Services Acts 1981 and 2003, the Building Control Acts, the Housing Acts and the Planning and Development Acts. Fire services may inspect buildings in cases of defects or complaints in respect of fire safety. They work with building owners to ensure that immediate risks are addressed and that a plan is put in place, where required, for works to bring buildings into compliance.
In relation to developments where concerns over fire safety issues arise, when a building is constructed and occupied, statutory responsibility for safety is assigned by section 18(2) of the Fire Services Acts, 1981 & 2003, to the ‘person having control’ of the building. The person having control is required to take reasonable measures to guard against the outbreak of fire and to ensure the safety of persons in the event of fire. In multi-unit developments, the "person having control" is generally the Owner Management Company.
Under the Multi-Unit Developments Act 2011, (which is under the remit of the Minister for Justice and Equality), the owner management company must establish a scheme for annual service charges and a sinking fund for spending on refurbishment, improvement or maintenance of a non-recurring nature of the multi-unit development.
In the interest of supporting owners and residents living in developments where concerns regarding non-compliance with fire safety requirements have arisen, the Framework for Enhancing Fire Safety in Dwellings was published in 2017. It is intended to be used as a guide for the owners and occupants of dwellings (houses and apartments) where fire safety deficiencies have been identified, or are a cause for concern, to develop strategies to improve fire safety and to develop strategies to enable continued occupation in advance of undertaking the necessary works to ensure compliance with the relevant Building Regulations. The Framework is available on my Department's website at the following link: https://www.housing.gov.ie/sites/default/files/publications/files/framework_for_enhancing_fire_safety_in_dwellings.pdf.
I believe that the building control reform agenda, already well underway, provides a comprehensive roadmap for embedding an enhanced culture of compliance and accountability within the construction industry and for strengthening the building control framework in Ireland. The reform agenda includes:
- amendments made to the Building Control Regulations;
- the National Building Control Management Project; and
- the ongoing development of new legislation through the Building Control (Construction Industry Register Ireland) Bill.
While my focus will remain on ensuring the full roll out of the building control reform agenda, to ensure that all those that engaged in the construction sector meet their responsibilities and are appropriately held to account if they don't, I will also ensure that work continues in this important policy area of defects, in collaboration with other Departments and key stakeholders who have responsibilities in these matters, with a view to assisting owners of affected properties, in line with the Programme for Government.
352. Deputy Michael Moynihan asked the Minister for Housing, Local Government and Heritage the status of a submission made by Cork County Council on the taking in charge of a wastewater treatment plant in Castlemagner, County Cork. [23945/20]
View answerIn July 2019, my Department launched the multi-annual Developer-Provided Water Services Infrastructure Resolution Programme 2019-2021. Bids were sought from local authorities for funding under the programme and nineteen local authorities with Developer-Provided Water Services Infrastructure in estates in their areas made applications for funding. Cork County Council included the village referred to in its application, under the estate Churchfield.
My Department completed a preliminary evaluation and clarification process on the bids received from the local authorities. An Expert Panel, which includes Departmental, stakeholder and independent representation, has examined all relevant bids and has made recommendations on the suitability of projects for funding under the programme.
The recommendations have been made based on criteria set out in the Framework document issued to local authorities when requesting proposals. It is expected that an announcement on approvals and allocations will be made very shortly.
353. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if the Residential Tenancies Board has a role to play in helping students and their families attempting to receive refunds from student accommodation providers for the unused months of lockdown; the avenues available to students and parents in such a situation; and if he will make a statement on the matter. [23987/20]
View answerThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants. The Residential Tenancies (Amendment) Act 2019 extended the remit of the RTB to cover student licences and tenancies in student-specific accommodation. Due to the quasi-judicial nature of work of the RTB, it would be inappropriate for me, as Minister, or my Department to comment on or intervene in the specifics of any individual case.
The Residential Tenancies Acts 2004-2020 provide for minimum notice periods to be served by tenants and landlords for tenancy terminations – for example, a student must provide 28 days' notice to end a tenancy of less than 6 months duration or 35 days to end a tenancy of more than 6 months but less than 1 year.
The Acts do not prescribe specific terms and conditions regarding the payment of rents or deposits for inclusion in individual letting agreements in the private rental market including the student-specific accommodation sector. Contract law governs such arrangements.
The specific terms associated with an individual student’s rights and obligations are likely to be set out in a written contract signed by both the student and the landlord. Engagement between the parties to clarify the respective contractual obligations of the student and the landlord is key in establishing whether a breach of contract had occurred.
Students may wish to contact their third level education providers to seek any assistance that they might be in a position to provide. If a student cannot come to an agreement with their accommodation provider, they might wish to contact the Residential Tenancies Board (RTB) regarding their concerns – https://www.rtb.ie/ - or to refer a dispute for resolution with regard to the non-refund of their deposit.
I understand that the Department of Education and Skills is working with representatives from the higher education sector to address the challenges faced by students during this difficult time. The Department of Education of Skills understands, based on the information available to it, that the majority of students in university-owned accommodation have received pro-rata refunds on foot of vacating their accommodation.
While I would wish to see this principle applied in the case of students who were residing in privately owned student accommodation, it is not within the remit of the Department of Education and Skills nor of my Department to direct any accommodation provider to refund rents paid.
354. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage the up-to-date position regarding the ban on evictions; the steps being taken to protect tenants and prevent an increase in homelessness during the Covid-19 emergency period; and if he will make a statement on the matter. [24024/20]
View answerWith 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.
Tenants who are currently (or at any stage between 9 March 2020 and 10 January 2021):
- in receipt of (or entitled to receive) Illness Benefit for Covid-19 absence - further information available at - https://www.gov.ie/en/service/df55ae-how-to-apply-for-illness-benefit-for-covid-19-absences/); or
- in receipt of (or entitled to receive) the Temporary Wage Subsidy, Employment Wage Subsidy or any other social welfare payment or State support paid as a result of loss of earnings due to Covid-19 (this includes the rent supplement or a supplementary welfare allowance);
and
- at risk of losing their tenancy,
can receive the aforementioned protections to remain in their tenancy without any increase in rent until 11 January 2021. In order to qualify for these supports, tenants must complete and sign a Self-Declaration form, available on the Residential Tenancies Boards (RTB) website - www.rtb.ie, if they meet the above criteria and submit it to the RTB and their landlord.
The RTB and the Money Advice and Budgeting Service (MABS) are working with tenants in rent arrears to outline the financial supports which may be available to enable the tenant to meet their rental obligations to sustain their tenancy.
My Department has published a guidance document, the Residential Tenancies and Valuation Act 2020: What this Means for Landlords and Tenants, which sets out exactly what is expected as the rental protections under the Emergency Measures in the Public Interest (Covid-19) Act 2020 expire, and provides details on the new protections for tenants in rent arrears and the income and other supports available to tenants and landlords.
This guidance document clearly explains the new rent arrears procedure for both landlords and tenants facing rent arrears. The Guidance document is available on the Department's website - www.housing.gov.ie - and on the RTB's website - www.rtb.ie.
Tenants are required to pay rent to their landlord and, in the event of tenants having difficulty doing so on foot of Covid-19, they are encouraged to engage with their landlords at the earliest opportunity.
Many Government departments, agencies and organisations are engaged in supporting landlords and tenants during this time, providing information, advice and income supports to those who are facing financial difficulty. Tenants facing difficulty in meeting the rental payments should engage with the Department of Employment Affairs and Social Protection (DEASP) as income supports and Rent Supplement are available to assist them. Further information on these supports can be found by calling the DEASP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the DEASP website at:
https://www.gov.ie/en/organisation/department-of-employment-affairs-and-
social-protection/?referrer=https://www.welfare.ie/en/Pages/home.aspx.
With Government funding, Threshold, the national housing charity, operates the Tenancy Protection Service. Further information is available on www.threshold.ie. The homeless and housing sections in local authorities continue to assist those who are not in a position to provide accommodation for themselves.
My Department and the RTB urge landlords to consider the negative impacts of Covid-19 on their tenants and to show forbearance where temporary rent arrears might arise. Tenants and landlords are urged to discuss any 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.
For tenancies other than those in rent arrears, the existing laws on how to end a tenancy apply again from 2 August 2020. Tenancy 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 enactment of the Emergency Measures in the Public Interest (Covid-19) Act 2020 on 27 March 2020 and had the termination notice period paused, those notice periods recommenced with effect from 2 August 2020.
355. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage the steps that tenants can take to protect themselves if they feel that their landlords are putting them under pressure, for example, constant phone calls and texts and calling to the house, to abandon a tenancy, for example, to force an illegal eviction; if there are protections in place for vulnerable tenants such as single parents with children and persons with mental health difficulties; and if he will make a statement on the matter. [24025/20]
View answerThe Residential Tenancies Acts 2004-2020 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. Section 12 of the Acts sets out a landlord's obligation relating to a tenancy including that a landlord must allow a tenant of a rented dwelling to enjoy peaceful and exclusive occupation of that dwelling.
A tenant or landlord may need to contact An Garda Síochána in the event of a breach of the peace.
A landlord is only allowed to enter a rented property with the tenant’s permission or in an emergency. The tenant should agree with the landlord a mutually convenient time to facilitate any viewing so as to minimise disruption. The Residential Tenancies Board (RTB) provides a dispute resolution service, including a telephone-based mediation service, for registered landlords and all tenants in the private rented sector.
Carrying out an illegal eviction, which includes prohibiting access to the property or making the property uninhabitable by disconnecting services, can result in damages of up to €20,000 being awarded to the tenant. The RTB can seek an injunction from the Courts to reinstate the tenant and will continue to prioritise these cases.
The Residential Tenancies (Amendment) Act 2019 empowers the RTB to investigate and sanction improper conduct by a landlord, including in relation to unlawful tenancy terminations.
Any house rules that might be agreed between a landlord and a tenant at the start of a tenancy must not contravene any legal right of either party including those provided under the Equal Status Acts 2000-2015. The Equal Status Acts, which fall under the remit of my colleague, the Minister for Justice and Equality, prohibit (subject to some exemptions) discrimination in the provision of accommodation on any of the following 10 grounds:
- gender;
- civil status;
- family status;
- sexual orientation;
- religion;
- age;
- disability;
- race;
- membership of the Traveller community; and
- housing assistance.
Further information from the RTB is available at www.rtb.ie and through the RTB helpline - Lo-call on 0818 30 30 37 or 01 702 8100 - available from Monday to Friday, 8:30am to 6.30pm.
360. Deputy Patricia Ryan asked the Minister for Foreign Affairs the steps he will take to ensure the full implementation of the Good Friday Agreement. [23517/20]
View answerThe full implementation and effective operation of the Good Friday Agreement and all subsequent agreements is an utmost priority for this Government.
The New Decade, New Approach agreement reached in January was a very significant shared achievement in restoring the power-sharing institutions of the Good Friday Agreement to operation after three years of their absence. As we have set out in the Programme for Government, we are working to ensure that the New Decade, New Approach agreement is implemented in full.
The Government published a series of commitments at the time of the New Decade, New Approach agreement. These commitments are focused on working with the Executive through the North South Ministerial Council (NSMC) to deliver projects that benefit people across the island, including greater connectivity between North and South; investing in the North West region and in border communities; supporting the Irish language in Northern Ireland; and supporting reconciliation as an integral part of the Peace Process.
The Government was pleased to host the 24th plenary meeting of the NSMC in Dublin Castle on 31 July, and to see sectoral work underway across the areas of North-South cooperation.
The Government is committed to enhancing, developing and deepening all aspects of North South Cooperation.
The Government is also committed to enhancing the role of the British Irish Council and the British Irish Governmental Conference (BIIGC).
As co-guarantor of the Good Friday Agreement, the Government is prioritising the protection of the Good Friday Agreement and the all island economy in the context of the EU-UK future relationship negotiations, and the full implementation of the Withdrawal Agreement and the Protocol on Ireland/Northern Ireland. We continue to raise the Government’s concerns about the impact of Brexit, including most recently in relation to the UK's Internal Market Bill. The Northern Ireland Protocol is specifically designed to protect the Good Friday Agreement and the achievements of the peace process, and any unilateral departure from its implementation is not acceptable.
We have called on the British Government to step back from this deeply concerning approach and to work now to repair the trust that is needed to successfully and faithfully implement the Withdrawal Agreement and Protocol. A positive resolution to this issue is in all our interests.
361. Deputy Patricia Ryan asked the Minister for Foreign Affairs the steps he will take to protect the Northern Ireland protocol in the Brexit withdrawal agreement. [23518/20]
View answer371. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs the steps that will be taken by the European Union should the United Kingdom breach the terms of the withdrawal agreement and in particular, the protocol on Northern Ireland; and if he will make a statement on the matter. [23616/20]
View answerI propose to take Questions Nos. 361 and 371 together.
The Withdrawal Agreement, of which the Protocol on Ireland/Northern Ireland is an integral part, is an international agreement, as agreed between the EU and the UK in October 2019.
Its implementation is an obligation under international law. Any unilateral attempt to undermine the Withdrawal Agreement, or a unilateral departure from its terms, would be a very concerning and serious step.
This is a fundamental issue of trust between the EU and the UK.
With regard to the elements of the UK’s Internal Market Bill, the Taoiseach raised Ireland’s concerns - which are grave - directly with Prime Minister Johnson, on Wednesday, 9 September, the day that the Bill was published.
Ireland participated in the EU-UK Joint Committee on Implementation of the Withdrawal Agreement on 10 September, and further raised our concerns. At that meeting, EU Co-Chair and Commission Vice President Šefcovic urged the British Government to remove the problematic measures from the Bill.
I recall, as Deputies will be very well aware, that the Protocol on Ireland/Northern Ireland is specifically designed to protect the Good Friday Agreement and the achievements of the peace process, including avoiding a hard border on the island of Ireland.
It is designed to operate in all circumstances, including in the absence of an agreement on the Future Relationship between the EU and the UK.
The UK’s Internal Market Bill, if it were implemented, would seriously damage and erode political trust between the EU and the UK, and would undermine stability in Northern Ireland.
The Protocol was the product of long, difficult, detailed negotiations and represents a delicately balanced compromise by all sides. It was agreed because of the multitude of complex and sensitive issues that the UK’s departure from the EU raised for the island of Ireland. Its safeguards, therefore, remain essential in all circumstances.
We urge the British Government to reconsider their approach to the Internal Market Bill, in line with Commission Vice President Šefcovic’s request, and work to repair the trust that is needed to successfully and faithfully implement the Withdrawal Agreement and Protocol.
A positive resolution to this issue is in all our interests.
We remain in close and ongoing contact on this with our EU colleagues.
362. Deputy Cathal Crowe asked the Minister for Foreign Affairs if the working holiday application of a person (details supplied) will be progressed as a matter of urgency [23956/20]
View answerI can confirm that the individual in question submitted an application for a Working Holiday Authorisation under the Ireland–Canada Working Holiday Programme, and that this was received by the Embassy of Ireland in Ottawa in early August.
Working Holiday Authorisations (WHAs) play an important role in building Ireland’s bilateral relations with Canada and a number of other non-European countries and regions with which we have reciprocal agreements, encouraging people-to-people contacts.
Due to the pandemic, we have temporarily ceased processing new applications under the WHA programme. The applicant was advised of this by our Embassy in Ottawa. Canada has likewise temporarily suspended the processing of applications. Our primary concern remains the health, welfare and well-being of those who would seek to travel to Ireland on a WHA. We do not expect that we will be in a position to process any further applications in 2020. Applications already submitted, including that of the individual in question, remain on file until operations resume.
We continue to monitor the rapidly evolving situation here, in Canada and in other relevant locations abroad, in terms particularly of public health advice, travel restrictions, job opportunities and the availability of short-term accommodation. We will instruct our Missions abroad, including the Embassy in Ottawa, to re-open the application processes when circumstances allow young people to benefit from a working holiday here and to fully experience Ireland’s culture and way of life. We will also take account of the resumption of Canada’s working holiday arrangements. We will make a public announcement when we begin to process new applications.
