Tuesday, 22 Sep 2020

Written Answers Nos. 339-358

Flood Prevention Measures

Questions (339)

Mattie McGrath

Question:

339. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage the agency which takes responsibility for the dredging and clearing rivers of fallen trees, debris and so on after the recent storms, particularly close to bridges to ensure that flooding is prevented where possible ahead of the winter season; and if sufficient funding will be afforded to local authorities to carry out the work; and if he will make a statement on the matter. [24918/20]

Written answers

Minister for Housing, Local Government and Heritage

My role and responsibilities as Minister do not extend to the maintenance, clearance, or dredging of rivers, in the context of recent storm events, or otherwise. I understand that the Office of Public Works is the statutory body responsible for Drainage Maintenance on water bodies where capital works have been carried out under the Arterial Drainage Acts 1945 and 1995; and for flood risk management in the State. Maintenance of all drainage schemes carried out under earlier Acts, for what are known as Drainage Districts, is the responsibility of the relevant local authority. Local authorities also monitor water quality within their functional area, and have shared responsibility for creating a culture of compliance with water quality standards. In addition, environmental concerns, fisheries matters and tourism or recreational issues, are dealt with by relevant agencies with responsibilities in these matters.

Water and Sewerage Schemes

Questions (340)

Mattie McGrath

Question:

340. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if the terms of the grant for improving private water supply to homes will be reviewed with regard to the need for a house to be in existence for seven years, in view of the fact it excludes new build dwellings which are unable to connect to the Irish Water public supply or group water schemes; and if he will make a statement on the matter. [25072/20]

Written answers

Minister for Housing, Local Government and Heritage

Under the Housing (Private Water Supply Financial Assistance) Regulations 2020, the grant scheme to support improvement works for a private water supply has been revised.

The purpose of the grant is to assist householders dependent on a private water supply (individual well) for their household use, by financially assisting them where they incur capital expenditure, to carry out improvements to the supply to ensure that the water supply is wholesome and clean, or to ensure that the quantity supplied is sufficient to meet the domestic needs of the house.

It would be expected that, as with houses connected to the public water supply, the initial construction of a house would provide for its water supply and that any material used in the construction of a well would be expected to have a useful life of at least seven years and general not need improvements.

The qualifying age of a house before an application can be made therefore remains at seven years. This has been a feature of the scheme for the past 20 years.

Environmental Policy

Questions (341)

Éamon Ó Cuív

Question:

341. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when a decision will be made on an application (details supplied) in relation to a preservation order on lands; and if he will make a statement on the matter. [25100/20]

Written answers

Minister for Housing, Local Government and Heritage

The Preservation Order was originally placed on the lands in question to secure the protection of late prehistoric to early medieval archaeological features, in particular burials, which were in danger from quarrying. With the co-operation and funding of the landowner, those archaeological features have been archaeologically excavated and recorded. The landowner has requested that the Preservation Order be revoked on the basis that, as a result of the archaeological excavations that have taken place, the lands may no longer be of archaeological significance. Prior to determining this request my Department considered it appropriate for an independent archaeological report to be commissioned to help to inform the decision making process. I understand that the report has unfortunately been subject to some delays occasioned by Covid restrictions but is now expected to be submitted shortly.

On receipt of the report, my Department will, as required under the provisions of the National Monuments Acts, consult with the Heritage Council before deciding on whether or not to revoke the Preservation Order, following which the outcome will be notified to the landowner without delay.

Environmental Impact Assessments

Questions (342)

Eoin Ó Broin

Question:

342. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if changes will need to be made to environmental impact assessment legislation in view of the European Court of Judgement decision on the planning permission by a company (details supplied) in County Kerry. [25124/20]

Written answers

Minister for Housing, Local Government and Heritage

I understand the Question refers to the Court of Justice of the European Union (CJEU) preliminary ruling of 9 September 2020 in case C-254/19 that a decision to extend the period originally set for the construction of a liquefied natural gas regasification terminal must be considered an agreement of a project under Article 6(3) of Council Directive 92/43/EEC (the Habitats Directive) where the original consent has lapsed and works have not been undertaken.

The CJEU ruling and its implications for the planning system in respect of the Habitats Directive are currently being examined by my Department, in consultation with the Office of the Attorney General.

Housing Assistance Payment

Questions (343)

Eoin Ó Broin

Question:

343. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the significant delay in HAP processing times across local authorities and the impact this is having on households, many at risk of homelessness, accessing private rental accommodation; and if he will seek a report on the problem from the shared service provider for HAP applications in Limerick City and County Council to establish the extent of the problem and the steps that can be taken to remedy this situation. [25125/20]

Written answers

Minister for Housing, Local Government and Heritage

Despite the challenges faced throughout the period of the Covid emergency measures, local authorities and the Housing Assistance Payment Shared Service Centre (HAPSSC) have continued to provide a critical service to all HAP customers. This is evident in the high number of HAP tenancies that continued to be set-up this year. The 2020 HAP target is for 15,750 additional tenancies and, at the end of Q2 2020, 7,825 HAP tenancies (49% of target) had been established.

My Department and local authorities are keenly aware of the importance of minimising HAP processing times and the critical need to keep this under review at a local level. My Department has recently communicated this to local authority management through the County and City Management Association.

Despite difficulties experienced due to Covid-19, local authorities carried out extraordinary work during this time. Unsurprisingly, measures that were required to be taken in the context of Covid-19 do, however, appear to have had an impact on processing times, particularly in Q2 2020 when average processing time was 40 days. An analysis of more recent data from the HAP SSC indicates a reduction on that average processing time in the period July / August 2020 to 38 days.

It should be acknowledged that any delay in tenants and landlords supplying relevant information, or inaccuracies or missing information, will impact on the processing time of the HAP application. However, in instances where there are delays at the processing stage within a local authority, payment to the landlord will be backdated to the date on which a complete and valid application form was received by the local authority. The landlord is, therefore, not penalised for any delay.

Through our ongoing engagement with local authorities my Department has stressed the need to minimise delays in processing these vital applications to ensure the social housing needs of tenants can be met through the HAP scheme where required. My Department is closely monitoring this situation and will continue to do so over the coming months.

Home Loan Scheme

Questions (344)

Eoin Ó Broin

Question:

344. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if eligibility of the second time buyers will be considered in scenarios (details supplied) in order to apply for the Rebuilding Ireland home loan. [25136/20]

Written answers

Minister for Housing, Local Government and Heritage

The Rebuilding Ireland Home Loan Scheme enables credit-worthy first-time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range, where they cannot obtain sufficient mortgage finance from a commercial lender.

As a requirement of the Rebuilding Ireland Home Loan applicants must be first time buyers. This is to ensure the effective targeting of limited resources, and I have no plans to amend this requirement.

However, applicants who are separated or divorced may be treated as first-time buyers, in accordance with the regulations, if they meet certain conditions, including:

- they are separated or divorced under a court order or by a separation agreement;

- the property being purchased is the first property since leaving the family home;

- they have left the family home and retain no interest in it; or

- the other party has remained in the family home.

In meeting the conditions as set out above, in particular that the other party has remained in the family home and that the potential applicant has relinquished any rights they had over that property, no financial gain should have been made by the potential applicant in exchange for relinquishing their rights to the property in this manner. Were the individual to have made a financial gain in releasing their rights to the property, such as being bought out by the other party who remains resident in it, they would be deemed to have been compensated for their interest in the property, and therefore not be eligible as a first-time buyer.

Applicants for the Rebuilding Ireland Home Loan must be of good credit standing and have a satisfactory credit record. The Housing Agency provides a central credit assessment service to local authorities and credit checks are undertaken as part of the credit assessment process. The final decision on loan approval is a matter for the relevant local authority and its credit committee on a case-by-case basis.

Decisions on all housing loan applications must be made in accordance with the statutory credit policy that underpins the scheme and have regard to the recommendation of the Housing Agency, in order to ensure prudence and consistency in approaches in the best interests of both borrowers and the lending local authorities.

Loan applicants who are dissatisfied with a loan application decision of a local authority Credit Committee may appeal that decision to the local authority. Details of the appeals process can be obtained from the relevant local authority.

Housing Policy

Questions (345)

Eoin Ó Broin

Question:

345. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if persons that lost their first home due to the breakdown of a relationship and that are in negative equity will be considered eligible as potential second time buyers for the new affordable housing scheme. [25137/20]

Written answers

Minister for Housing, Local Government and Heritage

The provisions for affordable housing made available by or though housing authorities are contained in Part 5 of the Housing (Miscellaneous Provisions) Act 2009, which was commenced in June 2018.

Under Part 5, an affordable dwelling purchase arrangement will normally only be available to a household where the household, or any household member, has not previously purchased or built a dwelling in the State.

However an exception is provided for in section 84 (4) where a member of the household, was a spouse to a marriage the subject of a deed of separation, a decree of judicial separation, a decree of divorce or a decree of nullity, provided that, in relation to the former family home (within the meaning of the Family Home Protection Act 1976 ), the spouse concerned—

(a) has not retained an interest in that home, and

(b) immediately before the date of the deed of separation or decree concerned is not beneficially entitled to an interest in a dwelling other than the said family home.

I will consider these conditions as part of any affordable housing measures I bring forward.

Departmental Reviews

Questions (346)

Eoin Ó Broin

Question:

346. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the status of the review of the tenant purchase scheme. [25138/20]

Written answers

Minister for Housing, Local Government and Heritage

The Tenant (Incremental) Purchase Scheme which came into operation on 1 January 2016 is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.

A review of the operation of the first 12 months of the Tenant Purchase (Incremental) Scheme has been recently finalised and a full report has been prepared setting out findings and recommendations.

The Programme for Government commits to maintaining the right of social housing tenants to purchase their own home with some changes to eligibility. The review and the commitments in the programme for government are being examined as part of the work on the broader social housing reform agenda. I expect that the review will be published once all the work on these reform measures has been completed.

Departmental Reviews

Questions (347)

Eoin Ó Broin

Question:

347. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the status of the review of the income limits for eligibility for social housing support. [25139/20]

Written answers

Minister for Housing, Local Government and Heritage

Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended. The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas. Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Pension-Related Deductions within the meaning of Financial Emergency Measures in the Public Interest Act 2009. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature. The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10%; and 2.5% for each child, subject to a maximum allowance under this category of 10%. The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced at that time also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing. Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources. However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. The review will also have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.

Electoral Commission

Questions (348)

Thomas Gould

Question:

348. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the initiatives that will be established to encourage more young persons to register to vote. [25141/20]

Written answers

Minister for Housing, Local Government and Heritage

I am committed to maximising the number of young people voting and engagement with our democratic processes. Several initiatives are either in place or in development in order to achieve this aim.

Firstly, my Department promotes greater awareness of the register of electors and encourages people to register to vote through an annual public awareness campaign. This entails the use of promotional posters, social media and the taking out of both newspaper and on-line advertisements. This campaign takes place each year between 1 November and 25 November. The social media campaign is a coordinated, pro-active online campaign that seeks to engage various sectors and audiences encouraging people to check their voter details on the register of electors. One of the main target groups of the social media campaign is younger people over the age of 17 that may need to register for the first time.

In addition, the Programme for Government - Our Shared Future - commits to the establishment of an Electoral Commission. It is intended that the new Commission will have a public awareness and education role in respect of electoral events. The Programme for Government commits to the Electoral Commission being in place by the end of 2021 and my Department is currently preparing legislation in order to progress this initiative.

The Programme for Government also commits to the modernisation of the electoral register. While the current electoral registration system has served the country well, it is clear that modernisation will bring significant benefits, in particular by making the process more streamlined and accessible to all. As part of this wider modernisation initiative, one of the proposals being considered is provision for the pre-registration of 16 and 17 year-olds. This pre-registration would then become automatically active on a person’s 18th birthday. This proposal would also provide opportunities, such as the development of a schools programme, for young people to engage with the electoral register thereby improving the chances of their engagement post-18 when they become eligible to vote.

Electoral Commission

Questions (349)

Thomas Gould

Question:

349. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage his plans to resolve the issue of persons in rented accommodation finding it difficult to re-register on the electoral register in view of the frequency of lease changes. [25142/20]

Written answers

Minister for Housing, Local Government and Heritage

Local authorities in their capacity as registration authorities are responsible for the compilation and maintenance of the register of electors in their areas. It is their duty, as far as possible, and with the co-operation and engagement of the public, to ensure the accuracy and comprehensiveness of that register. The current process provides a number of opportunities to register or update details.

The draft register is published for inspection on 1 November each year and I would urge all citizens to check the register to ensure that they are registered and that their details are correct. They can do this by visiting www.checktheregister.ie or contacting their Local Authorities. Corrections can be submitted between 1 and 25 November via a form, which is available on the website or from local authorities.

The updated register will be published on 1 February 2021 and come into effect on 15 February 2021.

Outside of this time period, if a person is missing from the register they can apply to be entered on the supplement to the register or change their address. The supplement remains open until 14 days before polling day and again, all relevant forms are available online or from Local Authorities.

While the current electoral registration system has served the country well, it is clear that modernisation will bring significant benefits, in particular by making the process more streamlined and accessible for all.

Among the electoral reform proposals included in the Programme for Government – Our Shared Future – is the creation of a rolling register; the use of PPSNs to verify identity; simplified forms and the roll out of optional online registration. These proposals will contribute to simplifying and streamlining the entire process of registration to make it more accessible and more responsive to how we live today. Work is underway in my Department to progress these initiatives.

Acht na dTeangacha Oifigiúla

Questions (350)

Brendan Griffin

Question:

350. D'fhiafraigh Deputy Brendan Griffin den Aire Tithíochta, Rialtais Áitiúil agus Oidhreachta cén fáth nár freagraíodh ceist pharlaiminte uimhir 23796/20 as Gaeilge mar a cheanglaítear le hAcht na dTeangacha Oifigiúla, 2003; agus an ndéanfaidh sé ráiteas ina thaobh. [25271/20]

Written answers

Minister for Housing, Local Government and Heritage

Eisítear freagraí ar Cheisteanna Parlaiminte sa teanga ina gcuirtear iad.

Cé gur leagadh amach na “sonraí a soláthraíodh” le haghaidh Cheist Pharlaiminte Uimhir 329 i nGaeilge, cuireadh an cheist féin i mBéarla agus i mBéarla a tugadh an freagra féin, dá réir. Tugtar an freagra ar an gceist i nGaeilge thíos, ar mhaithe le cabhair a thabhairt don Teachta:

Tá an dá speiceas de rón in uiscí na hÉireann - an Rón Beag nó an Rón Cuain agus an Rón Glas, a bhfuil méideanna níos mó díobh ann - á gcosaint faoin Treoir maidir le Gnáthóga ón AE agus tá oibleagáid ar Éirinn chun an líonta rónta a choimeád ar leibhéal fabhrach caomhnaithe. Tá orainn freisin monatóireacht a dhéanamh ar a ndaonraí agus tuairisciú a dhéanamh leis an gCoimisiún Eorpach maidir lena stádas caomhnaithe. Tá clár caighdeánaithe monatóireachta i bhfeidhm don dá speiceas ó 2009. Cuireadh an tuarascáil is déanaí faoina stádas caomhnaithe faoi bhráid an Choimisiúin Eorpaigh in Aibreán 2019 agus tá sé ar fáil ar láithreán gréasáin an SPNF (https://www.npws.ie/sites/default/files/publications/pdf/NPWS_2019_Vol3_Species_Article17.pdf).

Tugtar le fios sna meastacháin is déanaí ar dhaonraí atá ar fáil do mo Roinn go bhfuil thart ar 8,000-10,000 rón glas agus thart ar 5,000 rón cuain ann in Éirinn. Tá na hainmhithe seo leata timpeall chósta na hÉireann agus tá na daonraí is mó díobh suite feadh an chósta thiar ó na Blascaodaí i gContae Chiarraí aneas go dtí Maigh Eo thuaidh agus Dún na nGall.

Ainmhithe fadréimseacha iad rónta, agus rónta glasa, ach go háirithe. Deirtear go dtaistealaíonn ainmhithe na hÉireann idir Albain agus iarthuaisceart na Fraince. Téann daonraí móra rónta in Albain ar imirce chuig uiscí na hÉireann chun beathú, chomh maith céanna. Tá breis agus 100,000 rón glas in Albain.

Cé gur speicis chosanta iad rónta, is féidir le mo Roinn ceadúnais a eisiúint chun rónta aonair a chruthaíonn fadhb a chuileáil, agus is féidir le daoine a ndéantar difear dóibh iarratas a dhéanamh ar na ceadúnais siúd. Níl aon phleananna ag mo Roinn chun cuileáil ghinearálta a dhéanamh ar rónta.

Rinne mo Roinn teagmháil le bliain anuas le leasanna iascairí ón iardheisceart, an Daingean san áireamh, maidir le ceist na rónta. Fuarthas cúig iarratas ar cheadúnas faoi Alt 42 go dtí seo i mbliana. Ceadaíodh ceann amháin díobh seo - a bhain le hinbhear i Sligeach. Diúltaíodh ceann amháin mar gheall gur bhain sé le rónta a lámhach ar na Blascaodaí, Limistéar faoi Chaomhnú Speisialta do rónta. Fuarthas na trí iarratas eile ón Iardheisceart freisin – rinneadh dhá cheann i gCiarraí agus ceann amháin i gCorcaigh agus bhí rónta a lámhach ó bháid i gceist leo. Tá buarthaí ann faoin gcur chuige seo maidir le rónta a bhainistiú, nuair a chuirtear na buarthaí féideartha sábháilteachta san áireamh a chruthaíonn raidhfilí ardchumhachta a úsáid ar ardáin ghluaisteacha. Dá ainneoin sin, tá scrúdú á dhéanamh ag mo Roinn ar an bhféidearthacht chun scéim phíolótach a chur ar siúl a dhéanfadh an cur chuige seo a thástáil agus a dheimhneodh cé chomh héifeachtúil atá sí chun na héisc a ghabháil iascairí a chosaint. Cuireadh moill ar chinneadh ar an dá cheadúnas eile go dtí gur féidir an scéim phíolótach seo a thabhairt chun cinn. Bhí pleananna chun an scéim seo a thosú ní ba luaithe sa bhliain le cur siar mar gheall ar an bpaindéim.

Tá plé á dhéanamh ag mo Roinn freisin le Foras na Mara ar chur chuige chun idirghníomhú idir rónta agus iascaigh a bhainistiú.

Defective Building Materials

Questions (351)

Pádraig Mac Lochlainn

Question:

351. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if her attention has been drawn to the widespread concerns regarding the affordability of the defective concrete blocks grant scheme; if he will amend the scheme to make it a 100% State-funded grant as was the case with the pyrite resolution scheme; and the reason the affected families in counties Donegal and Mayo have not been offered the same conditions as families in County Dublin and north Leinster. [25272/20]

Written answers

Minister for Housing, Local Government and Heritage

The Defective Concrete Blocks Grant scheme is primarily a grant scheme of financial assistance to support affected homeowners to carry out the necessary remediation works to dwellings that have been damaged due to the use of defective concrete blocks.

The Scheme outlines five remedial options ranging from rebuilding on existing foundations to replacing of external walls. The maximum approved costs per dwelling under the scheme are significant and range from €55,00 to €275,000 depending on the remedial option. A grant of 90% of the approved costs associated with the necessary remediation works, subject to a maximum for each remedial option, or 90% of the actual cost of the remedial works, whichever is the lesser, is available under the Scheme.

The Defective Concrete Blocks Grants Scheme only opened for applications at the end of June, 2020 and applications received to date are being processed by the respective counties. When a significant number of applicants have gone through the evaluation process, actual costs and data on the various remediation options will be available. The operation of the Scheme will be kept under review and all feedback from the respective local authorities on the administration of the Scheme will be considered.

Separately, 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 or mica in concrete blocks.

Vacant Properties

Questions (352)

Cian O'Callaghan

Question:

352. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of each type of void being provided under the 2020 voids stimulus programme; and if he will make a statement on the matter. [25337/20]

Written answers

Minister for Housing, Local Government and Heritage

There has been very strong local authority uptake in the Voids programme as a result of the funding I announced in the July stimulus programme. Submissions from all 31 local authorities were received and were reviewed by my Department promptly with over €39.9m allocated to return 2,402 vacant homes.

The number of void in each category is broken down as follows:

- Standard Void: 1,826

- Homeless Void: 279

- Long Term Void: 297

My Department is working with local authorities to ensure that these vacant homes are refurbished and allocated this year.

Vacant Properties

Questions (353)

Cian O'Callaghan

Question:

353. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the definition of a homeless void; the way the definition was formulated; and if he will make a statement on the matter. [25338/20]

Written answers

Minister for Housing, Local Government and Heritage

Voids are vacant social housing properties which are in need of refurbishment in order to bring them up to the minimum letting standards.

The Voids Programme provides exchequer funding to support local authorities in remediating such vacant homes. The exchequer funding provided by my Department is additional to the funding that local authorities provide themselves towards such work.

Based on the level of funding made available under the July Voids Stimulus Programme and to achieve the maximum impact across all local authorities, a three-pronged approach was implemented: Standard Void, Homeless Void and Long term Void.

The Homeless Void does not relate to a particular type of local authority property, but rather to the type of household who will be allocated the property. Properties refurbished under the homeless voids category must be allocated to a household deemed homeless by the local authority. It is a matter for each local authority to identify homeless households to whom the properties will be allocated.

The maximum funding provision under this category is €20,000 per unit which reflects the extra works/supports required over above the normal standard voids funding stream. My Department has to date approved funding to refurbish and allocate 279 vacant properties under this Voids Stimulus Programme.

Property Registration Authority

Questions (354)

Cian O'Callaghan

Question:

354. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if there is a requirement to register public and private, rights of way with the PRAI by December 2021; and if he will make a statement on the matter. [25339/20]

Written answers

Minister for Housing, Local Government and Heritage

In relation to the dates for registering rights of way acquired by prescription on foot of amendments made by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 to the provisions relating to the acquisition of easements and profits by prescription contained in Part 8 of the Land and Conveyancing Law Reform Act 2009, I understand from the Property Registration Authority (PRA) that the following is its adopted position:

1. The extension of the transitional period originally prescribed by Section 38(b) of the aforementioned 2009 Act (3 years) by the aforementioned 2011 Act (extending the period to 12 years) relates simply to the period when a claim to a prescriptive right can be made by reliance on the 'old' law replaced by the 2009 Act. From 2021, reliance must be made on the 'new' law introduced by the 2009 Act; in particular, reliance must be made on the new single and shorter period of 12 years. There is no question of a cut-off point occurring in 2021 when a claim to a prescriptive right can no longer be made. All that changes in 2021 is the basis on which the prescriptive right can be claimed.

2. The new procedure for registration of a prescriptive right introduced by Section 41 of the 2011 Act is not subject to a time limit. It is a permanent procedure and, in particular, does not cease to be available in 2021. The only change which occurs in 2021 is the basis on which an application must be made to the PRA. As pointed out in (1) above, from 2021, the application will have to be grounded on the 'new' law introduced by the 2009 Act and reliance on the 'old' law repealed by that Act will cease to be possible.

This procedure is only for easements (including rights of way) acquired by prescription. If all parties agree to the registration of an easement, an application should be made by lodging the appropriate Deed of Grant.

Finally, a Practice Direction Easements and Profits à Prendre Acquired by Prescription under Section 49A is available on the PRA’s website (www.prai.ie) that covers the process relating to the registration of prescriptive easements.

Local Authority Funding

Questions (355)

Cian O'Callaghan

Question:

355. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the long term supports that will be provided to local authorities with Covid-19 related budget deficits; and if he will make a statement on the matter. [25343/20]

Written answers

Minister for Housing, Local Government and Heritage

My Department continues to make every effort to assist local authorities with the financial challenges they are experiencing since the outbreak of the Covid-19 pandemic, including cash flow support by bringing forward payments where possible, so that the vital services that local authorities deliver can be maintained. As cash flow support, in early April an advance of €136m of LPT allocations was made to authorities, and the entirety of LPT allocations for 2020, some €517m, was paid out by early September rather than the normal payment spread that continues later into the year. In addition my Department arranged for the payment of 50% of each local authority’s individual Payroll and PSPR allocation, amounting to almost €55.m, in mid-June.

To support both the local government sector and the business community, €600m has been allocated by Government, as part of the July Stimulus package, to fund the cost of a waiver of commercial rates for six months to 27 September 2020 for eligible businesses badly impacted by the COVID-19 pandemic. This will take the form of a credit in lieu of rates.

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

Local Authority Funding

Questions (356)

Cian O'Callaghan

Question:

356. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the amount each local authority will receive from his Department over the next three years; and if he will make a statement on the matter. [25344/20]

Written answers

Minister for Housing, Local Government and Heritage

Central Government funding to local authorities involves a wide range of Departments and Offices, with funding allocated for a variety of purposes. Some streams of funding are delivered directly from Government Departments to local authorities, while others are routed through Departmental agencies. The Comptroller and Auditor General reports on the central government funding of local authorities as part of his Annual Report, which provides an overview of the funds flowing from and through central government sources to local authorities and the purposes for which funds have been provided. The most recent of which is available at the following link; https://www.audit.gov.ie/en/Find-Report/Publications/2019/2018-Annual-Report-

Chapter-11-Central-government-funding-for-local-authorities.pdf

The funding provided by central government, including my Department, to the local government sector is decided on an annual basis as part of the estimates and budgetary process. Preparations for Budget 2021 are underway in my Department at present, as they are across Government, but remain to be finalised.

It is not possible to anticipate budgetary decisions for 2022 or 2023.

Legislative Reviews

Questions (357)

Ged Nash

Question:

357. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage when the review of schedule 4 of the Valuation Act 2001 will be complete; if the contents of the review will be published; and if he will make a statement on the matter. [25379/20]

Written answers

Minister for Housing, Local Government and Heritage

A review was initiated in 2019 to examine the underlying policy rationale relating to the inclusion of categories of relevant property in Schedule 3 and Schedule 4 of the Valuation Acts 2001 – 2020.

There is a broad stakeholder base involved and this is reflected in the composition of the review group. The Valuation Office, the Joint Rateable Valuation Forum, the local government sector and the Department of Public Expenditure and Reform were asked to nominate members to the Group. The other members of the Group are officials from my Department.

The work of the Group is ongoing.

Question No. 358 answered with Question No. 331.