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Wednesday, 27 Jan 2021

Written Answers Nos. 302-322

Housing Provision

Questions (302)

Eoin Ó Broin

Question:

302. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the problem of private sector mortgage-to-rent providers outbidding not-for-profit mortgage-to-rent providers in the acquisition of homes from mortgage holders in mortgage distress with the consequence of increasing the cost to the State of these properties; and if he will make a statement on the matter. [3574/21]

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Written answers

The Mortgage to Rent (MTR) scheme introduced in 2012 is targeted at supporting households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP); agree to the voluntary surrender of their home and are deemed eligible for social housing support. The property in question must also meet certain eligibility criteria.

Up to the end of December 2020, 1,004 households with unsustainable private mortgages have completed the MTR scheme since its introduction nationally in 2013. The 1,004 households in the scheme represent 1,688 adults and 1,522 children who have remained living in their homes and communities. There are currently 1,212 active cases being progressed under the scheme.

A Review of the MTR scheme for borrowers of commercial private lending institutions published in February 2017 explored the avenues and impediments to participation in the scheme and identified a number of actions to make the scheme work better for borrowers. My Department and the Housing Agency have worked with all stakeholders to ensure that the actions set out in the review are being effectively implemented to benefit a greater number of households. As a result of the improvements implemented, an upward trend in case completions has been evident since 2018.

The MTR Review taking account of capacity within the Approved Housing Body (AHB) sector given that sector's role in delivering ambitious targets around new social housing supply, also recommended that alternative funding options, including the off-balance sheet potential of private institutional investment, be explored in order to allow the MTR scheme to deliver at scale. An Expressions of Interest (EOI) Request issued in 2017 inviting parties from the private sectors to express their interest in participating in a new alternatively funded long-term MTR lease model.

Under this alternatively funded model, a participant from the private sector purchases a property or properties from lenders subsequent to their voluntary surrender by borrowers that meet the MTR eligibility criteria and then enters into a long-term lease arrangement with the local authority in whose area the property is situated for a defined term at an agreed rent, thereby enabling the borrower to remain living in their own home. The outcome from the EOI process is that a new MTR alternatively funded lease model was announced in 2018 with Home for Life Ltd. as the participant from the private sector.

AHBs are an integral part of the MTR scheme and their participation in the scheme has enabled and continues to enable a significant number of borrowers to remain in their homes as social housing tenants.

In the MTR scheme, AHBs and the private sector participant operate under different funding models. AHBs fund the cost of purchasing units from a combination of low interest borrowings under the Capital Advance Leasing Facility (CALF) administered by my Department and only available to AHBs, and private finance or other borrowings. While the CALF debt is not required to be paid back to the State for a further 20-30 years, the private finance must be repaid over that period. This debt and the ongoing maintenance and management of the unit is financed from the income from the payment and availability payments made by the local authority and recouped from my Department which are related to the market rent of the property. The private company operates under a lease model, acquiring units with private funding and receiving monthly rents under a long-term lease arrangement with the local authority in whose area the property is situated for the duration of the lease, payments made are related to the market rent of the property. Given the nature of the individual property transaction underpinning MTR, the decision to purchase a property under the MTR scheme is a matter for the particular MTR provider. It is a matter for each MTR provider to determine its financial viability to purchase a property based on its individual funding approach.

Where both AHBs and Home for Life Ltd., are invited to express an interest in a particular property by request of a lender, the valuation for the property in question is based on an independent property valuation commissioned by the Housing Agency. Where the provider chosen decides to make a purchase offer on the property, the offer will be on the basis of the independent valuation commissioned by the Housing Agency and it is only the selected provider who can make an offer on the property.

In addition, both AHBs and Home for Life Ltd. may work directly with lenders to develop joint-agreements to purchase properties at discounts on market values. Such an approach can achieve a greater number of successful MTR cases.

The inclusion of an MTR provider from the private sector has facilitated more individuals and families staying in their homes. Given the sizeable cohort of borrowers still in long-term mortgage arrears, all the MTR providers participating in the scheme are needed in order to meet the demand for the scheme. In all scenarios, my Department and the Housing Agency are focused on meeting the long-term housing needs of the greatest number of households in unsustainable mortgage arrears.

The Programme for Government includes a commitment to strengthen the Mortgage to Rent Scheme and ensure that it is helping those who need it. Building on the significant improvements already made to the scheme since 2017, my Department is currently working closely with the Housing Agency and key stakeholders to identify any further improvements required to the scheme. My Department is currently analysing submissions that have been received to date and the review will examine all aspects of the regulation and operation of the scheme. It will also consider questions regarding the income and occupancy thresholds, eligibility and issues regarding positive equity. It is intended that the review will be completed by the end of Q1.

Social and Affordable Housing

Questions (303)

Eoin Ó Broin

Question:

303. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the serviced sites fund allocation for a social and affordable housing project (details supplied) in Dublin 8; and the restructuring of the EIB loan finance being discussed or that has been agreed by his Department with Dublin City Council. [3575/21]

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Written answers

Dublin City Council has been granted Approval in Principle for Serviced Site Funding of €18,750,000 in respect of the proposed development St. Michael's Estate development at Emmet Road, Dublin 8. This funding will support the delivery of 375 cost rental homes on this site. These homes will form 70% of the total homes in the development. The remaining 30% of homes will be social housing and will be fully funded by the Department subject to the normal approval process.

In terms of direct funding for the Cost Rental homes, in addition to SSF funding it is envisioned that Dublin City Council will secure a long-term, low-interest loan. The European Investment Bank (EIB) has expressed strong interest in supporting Cost Rental at Emmet Road, given the EIB's track record of supporting similar public housing projects across Europe.

I am informed that a representative from the EIB is supporting the work of Dublin City Council and engages on an ongoing basis with the Project Board overseeing the project.

Foreshore Licences

Questions (304, 335)

Brendan Griffin

Question:

304. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage when a foreshore licence will be granted to a club (details supplied); and if he will make a statement on the matter. [3598/21]

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Michael Healy-Rae

Question:

335. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if he will address a matter regarding a foreshore licence in a case (details supplied); and if he will make a statement on the matter. [4082/21]

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Written answers

I propose to take Questions Nos. 304 and 335 together.

The Minister for Public Expenditure and Reform has approved the granting of a State Property Lease, pursuant to the State Property Act 1954 (as amended) to this club for a term of 35 years.

The Chief State Solicitors Office and legal representatives acting on behalf of the club are currently finalising the content and terms of the lease. Once this process is complete the lease can proceed to be executed and exchanged, subject to payment of any funds due thereunder.

National Monuments

Questions (305, 310)

Aengus Ó Snodaigh

Question:

305. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage if he will commission a full independent archaeological and architectural survey of the Moore Street area, described by the National Museum of Ireland as the most important historic site in modern Irish history, given the recent discovery of evidence of 1916 Easter Rising associated breakthroughs in party walls at 12 to 13 Moore Street (details supplied); and if he will recommend that 1916 buildings, identified in the Kelly Report commissioned by Dublin City Council, be added to the list of protected structures. [3626/21]

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Mary Lou McDonald

Question:

310. Deputy Mary Lou McDonald asked the Minister for Housing, Local Government and Heritage if he will commission a full independent archaeological and architectural survey of the Moore Street area and recommend that 1916 buildings, identified in the Kelly Report commissioned by Dublin City Council, be added to the list of protected structures given the recent discovery of evidence of a breakthrough in the party wall of numbers 12 to 13 Moore Street singled out by a company (details supplied) for demolition as post-1916 structures; and if he will make a statement on the matter. [3645/21]

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Written answers

I propose to take Questions Nos. 305 and 310 together.

I am advised that the company concerned has committed to retaining the wall in question in situ as part of its development proposals for the Moore Street area. This was confirmed to 1916 relatives, Moore Street traders, Oireachtas representatives, and Dublin City Council members and officials, by the company as part of a recent detailed presentation of its regeneration plans to the Moore Street Advisory Group of which Deputy Ó Snodaigh is a member. An earlier outline of these plans was characterised by the Advisory Group in its Securing History 2 report as 'a significant and welcome advance on the previous plan with potential to develop a positive vision' for the inter-related elements of the market, the national monument at Nos. 14 - 17 Moore Street, and the company's own site. The report also described the plans as 'a stepped and welcome change in the way the conversation about the heritage site has been handled'.

With regard to the listing of protected structures, Part IV of the Planning and Development Act 2000 gives primary responsibility to local authorities to identify and protect historical buildings and structures by including them on their respective Records of Protected Structures (RPS). Inclusion on the RPS places a duty of care on owners and occupiers and also gives planning authorities powers to deal with any development proposals affecting them.

Shared Ownership Scheme

Questions (306, 307, 308)

Eoin Ó Broin

Question:

306. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if Dublin City Council issues loans under the shared ownership scheme of 2003 to 2010 greater than the amounts permitted both in terms of the overall lending caps and the loan to income limits; if this matter was ever examined; and if he will make a statement on the matter. [3628/21]

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Eoin Ó Broin

Question:

307. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the reason the Dublin Docklands Development Authority, DDDA, offered affordable homes, under the 2003 to 2010 shared ownership scheme, at a more advantageous price and interest rate than Dublin City Council. [3629/21]

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Eoin Ó Broin

Question:

308. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the reason the shared ownership scheme from 2003 to 2010 had an increasing interest charge on the shared equity rent repayment that left the purchaser with a larger level of monthly mortgage repayment compared with a standard mortgage. [3630/21]

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Written answers

I propose to take Questions Nos. 306 to 308, inclusive, together.

The "Shared Ownership Scheme" was a national scheme introduced by the Department of the Environment, Community and Local Government in 1992. Local authorities administered the Scheme in each of their administrative areas. The Shared Ownership Scheme was discontinued in June 2011 by the then Government.

The Shared Ownership Scheme was a housing scheme which facilitated access to full home ownership in two or more stages to persons who could not afford full ownership immediately. The applicant initially acquired a share of between 40% and 75% in a dwelling and rented the remainder from the local authority with an undertaking to acquire the remaining equity within a 25/30 year period.

There were two types of shared ownership loans. "Pre-2002 Index Linked shared ownership loans" and ‘post-2002 shared ownership loans’. Loans were made-up of a loan portion and a rental (leased) portion – most were a 50/50 split. Monthly payments are made on the loan borrowing and also a rental amount was paid. The two schemes differed in how the rental payments are calculated and the effect they have on the underlying rental equity portion outstanding.

Under the Index Linked Shared Ownership Scheme which operated from 1999 until 2002 rent paid did not reduce the rental equity balance. Amendments, which came into effect on 1 July 2015, had the effect of reducing the monthly cost for borrowers and avoid increases in the rental equity balance.

The more recent shared ownership scheme that operated from 2003 to 2011 sought to address the issue of paying down the rental equity balance by providing a formalised mechanism for the borrower to pay off the rental equity portion over the course of the term of the loan agreement. In effect payments on the loan that exceed the interest rate charged go towards paying off the rental equity balance.

My Department does not have information relating to specific lending decisions in the period 2003-2010, which would have been the responsibility of the local authority or agency involved. The Dublin Docklands Development Authority administered its own affordable schemes, separate to local authorities.

Commercial Rates

Questions (309)

Martin Browne

Question:

309. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage if businesses whose ability to trade effectively are reduced due to local roadworks projects have an entitlement to seek a discount in commercial rates; his views on local authorities being facilitated by central Government for such instances; and if he will make a statement on the matter. [3631/21]

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Written answers

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes, in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Acts 2001 to 2015.

Rates income is a very important contribution to the cost of services provided by local authorities such as roads, public lighting, development control, parks and open spaces.

As with all local charges, the invoicing and collection of amounts due is a matter for the local authority concerned to manage, in the light of prevailing local circumstances and in accordance with normal accountancy procedures. There is no automatic entitlement to a discount in circumstances such as those outlined in the question. In practice however, I understand that most local authorities facilitate flexible payment options that reflect capacity to pay.

Question No. 310 answered with Question No. 305.

Planning Issues

Questions (311)

Neale Richmond

Question:

311. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if he has considered extending submission deadlines for planning objections to local authorities given the delays in the uploading of documents online due to level 5 restrictions; and if he will make a statement on the matter. [3669/21]

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Written answers

The planning system remains fully operational during the current Level 5 restrictions.

For the purpose of giving legal effect to the current Level 5 restrictions announced by the Government, new Regulations have been made by the Minister for Health entitled the Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (S.I. No. 701 of 2020) which will continue in operation until 31 January 2021. These Regulations include the classification of "statutory planning system activities, insofar as they cannot be carried out remotely" as an “essential service” specified at paragraph 14, Part 2 of the Schedule to the Regulations concerning public administration, emergency services and defence. This enables the staff of planning authorities and An Bord Pleanála to travel to and from their offices as may be required for the performance of their statutory functions. It also enables such staff to perform related statutory functions including site visits and inspections as well as enforcement activity subject to public health and social distancing requirements.

In addition, for the purpose of facilitating continued public participation in the planning process during the Level 5 restrictions, regulation 4(1) of the above Regulations provides that an applicable person shall not leave his or her place of residence without "reasonable excuse". Regulation 4(2) in this regard provides that such "reasonable excuse" includes the attendance at the offices of a planning authority or An Bord Pleanála to engage in a statutory planning process (including making or inspecting a planning application or appeal, making an observation or submission or participating in a Development Plan process) or inspecting a site notice relating to a planning application.

Furthermore, it should also be noted in this context that planning authorities are required under the Planning and Development Act 2000 (Section 38) Regulations 2020 (S.I. 180 of 2020) to upload planning applications and related documentation onto their internet websites within 5 working days of receipt or, where exceptional circumstances exist, as soon as practicable thereafter.

These measures enable members of the public to view documentation online and at planning offices and facilitates planning applications, appeals or other submissions to be made during the Level 5 restrictions. These arrangements may include provision for attendance at the offices of planning authorities or An Bord Pleanala by appointment so that public health and social distancing requirements can be observed by both staff and customers.

My Department will continue to monitor the ongoing situation with regard to Covid-19 and may introduce further measures as appropriate, if required.

Homeless Accommodation

Questions (312, 338, 344)

Eoin Ó Broin

Question:

312. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if it will be ensured that a report on all inspections of homeless emergency accommodation, funded by his Department, are published and that his Department will publish its own annual report on such inspections. [3693/21]

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Thomas Pringle

Question:

338. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage when the inspection reports of the Dublin Region Homeless Executive will be made public given that public funding is used to fund this form of accommodation; and if he will make a statement on the matter. [4108/21]

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Cian O'Callaghan

Question:

344. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the reason private providers of emergency accommodation, for persons who have become homeless, are not subject to complying with the National Quality Standards Framework for Homeless Services in Ireland; and if he will make a statement on the matter. [4167/21]

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Written answers

I propose to take Questions Nos. 312, 338 and 344 together.

My Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of homeless services rests with individual housing authorities. Section 10 of the Housing Act 1988 sets out the purposes for which costs may be incurred by housing authorities in respect of the provision of homeless accommodation and related services.

The operation of homeless accommodation services are a matter for individual housing authorities in consultation with the Management Group of the relevant regional joint Homelessness Consultative Forum, performed in accordance with Chapter 6 of the Housing (Miscellaneous Provisions) Act, 2009.

While responsibility for the provision of accommodation for homeless persons rests with individual housing authorities, the administration of homeless services is organised on a regional basis, with nine administrative regions in place. In respect of the Dublin Region, Dublin City Council is the regional lead authority. The Dublin Region Homeless Executive is operated by Dublin City Council and adopts a shared service approach across South Dublin County Council, Fingal County Council and Dún Laoghaire-Rathdown County Council. The DRHE provide for the operational co-ordination of homeless accommodation and related services across the region on behalf of the four Dublin authorities.

All emergency accommodation, whether provided by local authorities, NGOs, voluntary bodies or privately are required to comply with standards and these standards are monitored. The National Quality Standards Framework (NQSF) for homeless services is in place nationally for local authority and NGO delivered services. The Framework was developed to ensure a consistent approach in how local authorities and service providers respond to the needs of those experiencing homelessness and to improve the quality of services provided. In general, the operation of these emergency accommodation facilities is contracted out by local authorities, under service level agreements, to NGOs involved in the delivery of homeless services.

Local authorities also carry out inspections on facilities that are not covered under the Framework, as they determine to be appropriate. This regime operates in parallel with the NQSF arrangements. The Standards and Facilities Teams in the Dublin Region Homeless Executive (DRHE) oversee all emergency accommodation in the region and seek to ensure that all relevant guidelines, policies and procedures are complied with in order to deliver a safe and comfortable place to stay for service users. The DRHE has an inspection regime in place to deal with complaints and to ensure accommodation is appropriate and safe. This includes engaging with homeless families and individuals on issues arising in their accommodation. The DRHE has confirmed that it has a thorough complaints procedure in place, and that each complaint is fully investigated and addressed in a timely manner.

Separate to the service standards expected of providers via service level agreements, all homeless service providers must meet the requirements of statutory codes, in particular the requirements of the Safety, Health and Welfare at Work Act 2005 and the Fire Services Acts.

Monitoring of services and the undertaking of site visits under the Framework and for other facilities are a matter for the individual local authorities. Details regarding the inspections of homeless emergency accommodation are not held in my Department, nor does my Department report on these inspections.

Financial reports from each region, including the DRHE, setting out total expenditure on homeless services including those services provided through the non-government sector and private emergency accommodation are published on my Department’s website at the following link; www.housing.gov.ie/housing/homelessness/other/homelessness-data. Financial reports for 2020 are currently being examined and will be published shortly.

Local Authority Housing

Questions (313)

Darren O'Rourke

Question:

313. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the number of local authority homes that have been retrofitted in 2019 and 2020, by each local authority area, in tabular form; and if he will make a statement on the matter. [3703/21]

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Written answers

My Department launched the Energy Efficiency Retrofitting Programme in 2013 with the aim of funding retrofit of social homes requiring insulation and energy upgrade works. Since the programme commenced in 2013 over 73,500 units of social housing stock have been retrofitted with a total exchequer spend of €161 million under the scheme.

The Energy Efficiency Programme has been revised in 2021 with an increased Budget of €65 million, to include the Midlands Retrofit Programme, and focuses on ensuring that the fabric of the home is upgraded and an energy efficient heating system is provided. This revised programme will see a significant upscaling to ‘deeper retrofit’ on what has been completed by local authorities in previous years and will target 2,400 social homes for upgrade works in 2021, 750 of which relate to the Midlands retrofit Pilot.

An annualised breakdown of the units retrofitted under the Energy Efficiency Retrofit programme for the years 2013-2020, is available on my Department's website at the following link:

www.gov.ie/en/publication/668c1-energy-efficiency-retrofitting-programme-expenditure-output/.

An Bord Pleanála

Questions (314)

Richard Boyd Barrett

Question:

314. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if a copy of the register of interest for the board of An Bord Pleanála will be provided; and if he will make a statement on the matter. [3706/21]

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Written answers

Section 147 of the Planning and Development Act 2000, as amended (the Act), requires that Board members and certain employees of An Bord Pleanála shall give to the Board a declaration of interest including interests in land or in any business engaged in the development of land. Section 147(9) of the Act requires that a register of interest shall be kept at the offices of An Bord Pleanála and be available for public inspection during office hours.

My Department does not hold the information sought by the Deputy. The Board maintains a register which is open for public inspection, between the hours of 9.15 am to 5.30 pm, Monday to Friday. I have been informed that, at this current time, arrangements are in place to cater for public safety measures. It is preferable for an appointment to be made in advance to facilitate preparation etc. Further information on making arrangements to visit the offices of An Bord Pleanála can be found on their website www.pleanala.ie/.

Please note that arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála is Oireachtasqueries@pleanala.ie.

Animal Welfare

Questions (315)

Jennifer Whitmore

Question:

315. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the measures being put in place to proactively manage new populations of invasive ring-necked parakeets sighted in the Dublin area; and if he will make a statement on the matter. [3712/21]

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Written answers

My Department is responsible for the implementation of the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477/2011), both of which prohibit activities to introduce or spread invasive species. In addition to national legislation, the EU IAS Regulation (1143/2014) also provides for a range of concerted EU wide measures to be taken with respect to listed species of Union concern (the 'Union list').

While ring-necked parakeets are not listed as an invasive alien species in national or EU legislation, there is a view that these birds could establish wild populations in Ireland as they have done in Great Britain and in other European countries.

The National Parks and Wildlife Service of my Department is working with relevant agencies and stakeholders with a view to setting out a management strategy to manage these populations.

We are aware of recent reported sightings of the species in Dublin and will continue to monitor these in co-operation with the National Biodiversity Data Centre and local authorities. In the meantime, further sightings should be reported to us, ideally with photographic evidence and details as to location.

Natural Heritage Areas

Questions (316)

Holly Cairns

Question:

316. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his plans to ensure that Toon Wood, Macroom, County Cork is immediately designated as a natural heritage area; and if he will make a statement on the matter. [3742/21]

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Written answers

Given that legal proceedings are underway in this matter, I am precluded from comment on this subject at this time.

When proceedings are concluded I will be happy to engage further with the Deputy on the matter.

Natural Heritage Areas

Questions (317)

Holly Cairns

Question:

317. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his plans to ensure that Garrylucas Bog, County Cork is immediately designated as a natural heritage area; and if he will make a statement on the matter. [3743/21]

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Written answers

There are 632 proposed natural heritage areas, including the area to which the Deputy refers. While a review of these sites is foreseen, the current focus of my Department is on fulfilling Ireland’s obligations under the EU Habitats and Birds Directives and the designation of Natura 2000 sites, i.e. special areas of conservation and special protection areas.

Although proposed natural heritage area sites are not subject to the protection provisions of the Wildlife (Amendment) Act 2000, they may be recognised in local authority development plans.

Proposed Legislation

Questions (318)

Richard Bruton

Question:

318. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he has considered the extent of persistent offenders under landlord and tenant legislation; and his views on whether a system of escalating penalties for repeat offences would encourage greater compliance. [3749/21]

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Written answers

Section 9 of the Residential Tenancies Acts 2004-2020 provides that a person guilty of an offence under the Acts shall be liable on summary conviction to a Class B fine of between €2,500 and €4,000 or imprisonment for a term not exceeding 6 months or both. If the offence is continued after conviction, the person is guilty of a further offence every day that the offence persists with a daily fine of up to €500 applicable.

Section 28 of the Residential Tenancies (Amendment) Act 2019 inserted Part 7A (Complaints, Investigations and Sanctions) into the Residential Tenancies Act 2004, as amended. Part 7A is fully operational since 1 July 2019 and provides the Residential Tenancies Board (RTB) with enhanced powers of investigation and sanction, in respect of improper conduct by a landlord.

A sanction imposed by the RTB under Part 7A on a landlord in respect of specified improper conduct may include one or all of the following:

(i) the giving of a written caution;

(ii) a direction to pay the RTB a financial penalty up to €15,000; and

(iii) a direction to pay up to €15,000 in respect of RTB costs in investigating the matter.

Section 148AD of the Residential Tenancies Acts 2004-2020 provides for the matters to be considered in determining the nature of a sanction to be imposed. Such matters include:

- the need to ensure that any sanction imposed is appropriate and proportionate to the improper conduct,

- if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future, and

- if applicable, will act in the public interest to encourage compliance with the Residential Tenancies Act;

- the seriousness of the improper conduct;

- if the landlord has acknowledged the improper conduct;

- the extent of any failure by the landlord to co-operate with the RTB investigation concerned;

- any explanation by the landlord for the improper conduct or failure to co-operate with the RTB investigation concerned;

- any gain (financial or otherwise) made by the landlord or by any person in which the landlord has a financial interest as a consequence of the improper conduct;

- the amount of any loss suffered or costs incurred as a result of the improper conduct and any steps taken by the landlord to remediate the loss suffered or costs incurred;

- the duration of the improper conduct;

- if applicable, a re-occurrence of the improper conduct by the landlord;

- if applicable, the continuation of the improper conduct after the landlord was notified of the RTB investigation concerned;

- if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct; and

- whether a sanction had previously been imposed under Part 7A on the landlord on foot of a similar occurrence of improper conduct.

The offence provisions and Part 7A of the Residential Tenancies Acts are kept under constant review with a view to making any necessary legal change to improve their efficacy.

National Parks and Wildlife Service

Questions (319)

David Stanton

Question:

319. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage the progress made to date on the final ecological screening assessment being prepared by the National Parks and Wildlife Service for the proposed flood relief scheme works for the area of Ballintubber, Carrrigtwohill and Middleton, County Cork; and if he will make a statement on the matter. [3771/21]

View answer

Written answers

The carrying out of screening for appropriate assessment for this scheme is a matter for the local authority concerned. The National Parks and Wildlife Section of my Department has no function in this regard at this time.

Departmental Programmes

Questions (320)

Gerald Nash

Question:

320. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage the details of the collaborative town centre health check programme; the amount of funding provided; the staffing level of the group overseeing the implementation of the programme; the names of the towns currently on the programme; the person or body responsible for adding a town to the programme; and if he will make a statement on the matter. [3790/21]

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Written answers

The Collaborative Town Centre Health Check is an initiative of the Heritage Council which is funded by my Department.

Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for the Heritage Council is oireachtas@heritagecouncil.ie.

Local Authority Housing

Questions (321, 322)

Thomas Gould

Question:

321. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the process by which a void renovation is sanctioned. [3810/21]

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Thomas Gould

Question:

322. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the length of time, on average, it takes for a void renovation to be sanctioned from initial contact by the local authority. [3811/21]

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Written answers

I propose to take Questions Nos. 321 and 322 together.

The management and maintenance of local authority housing stock, including the cost of pre-letting repairs to vacant properties and the carrying out of responsive repairs, are matters for each individual local authority under Section 58 of the Housing Act 1966. However since 2014, Exchequer funding has also been provided through my Departments Voids programme to support local authorities in preparing vacant units for re-letting.

Historically the programme has been administered through a “call for proposal” initiative where local authorities were invited to submit a funding request to support the return of vacant units to productive use within local authority ownership. For 2020, the allocation process also considered each local authorities stock number as a percentage of the overall national stock as this is a more equitable method of distributing the available funding.

In response to the annual submission of proposed works programmes by local authorities the approval process takes approximately 5-6 weeks. This was demonstrated in the 2020 July stimulus programme whereby preliminary allocations issued to each local authority on July 30th and final work programme approvals issued between the 4th & 7th September.

It is important that local authorities increasingly move toward a preventative maintenance approach to the management of their housing stock and my Department is working with local authorities to this end.

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