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Thursday, 28 Jan 2021

Written Answers Nos. 101-120

Local Authority Boundaries

Questions (101)

Éamon Ó Cuív

Question:

101. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if he plans to extend the city council boundaries to include part or all the area at present in the County Council functional area covered by the Galway Metropolitan Strategic Plan in view of the rejection by the Houses of the Oireachtas of the plan to initiate a plan to eventually amalgamate Galway City Council and Galway County Council; if he plans to progress with this matter before the adoption of these plans in view of the ongoing review of both the Galway City plan and Galway County; and if he will make a statement on the matter. [4813/21]

View answer

Written answers

The merger of Galway City Council and Galway County Council to create a single administrative area was recommended unanimously by the Galway Expert Advisory Group in April 2018. This recommendation was endorsed by a Government Decision in June 2018 and provisions to give effect to this policy decision were included in the Local Government Bill 2018. Those provisions passed all stages in the Dáil but were defeated in the Seanad and were withdrawn.

The logic underpinning the recommendation to merge the two authorities is unchanged and I intend to review the matter in the coming months.

With regard to the Galway Metropolitan Area Strategic Plan (MASP) which forms past of the Northern and Western regional assembly regional and economic strategy (RSES) it should be noted that the MASP boundary forms a basis for strategic planning and development across adjoining administrative areas and does not represent any administrative boundary change. The Galway MASP was approved in January 2020 for strategic planning purposes to address the area immediately adjoining Galway city and suburbs.

Question No. 102 answered with Question No. 78.

Rental Sector

Questions (103)

Bríd Smith

Question:

103. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage the number of tenants and the local authority in which they reside that have availed of or that have attempted to avail of protection from eviction notices as a result of falling into rent arrears during or due to the Covid-19 crisis; and if he will make a statement on the matter. [4830/21]

View answer

Written answers

In recognition of the need to protect the health of the population, local authorities have been asked during periods of lockdown not to terminate any of their tenancies for any reason, other than severe cases of anti-social behaviour engaged in by members of a household that necessitates action by the local authority.

Information is not collected by my Department on tenancy terminations by local authorities. However, where a person in social housing has lost employment as a result of Covid-19, their local authority can review the rent payable to take account of this. I understand that local authority staff engaged on rents administration have, since the outset of the measures taken by Government to deal with the pandemic, been prioritising the processing of such applications for downward rent reviews.

Homeless Persons Supports

Questions (104)

Peadar Tóibín

Question:

104. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage the status of the work of the high level homeless taskforce established by his Department. [4838/21]

View answer

Written answers

I have established a Homelessness Task Force, to provide a forum for engagement with key organisations working together to address homelessness and to provide input on the implementation of the commitments on homelessness in the Programme for Government.

The Group has met on eight occasions to date, on the 13th, 20th and 27th of July, on the 14th and 21st of September, and on October 19th, November 16th and December 14th, 2020.

The Task Force has discussed, inter alia, commitments on homelessness in the Programme for Government, Covid-19 and homeless services, winter planning, Budget 2021 and co-ordination and co-operation with the Department of Health and HSE. The Task Force is informing my role as Minister in providing necessary policy supports and funding, and is facilitating engagement amongst key stakeholders and partners in tackling homelessness.

Separate to meeting with these key stakeholders in this forum, both I and my Department officials have continued to have ongoing regular engagement with the members of the Task Force on homeless issues.

Derelict Sites

Questions (105)

Dara Calleary

Question:

105. Deputy Dara Calleary asked the Minister for Housing, Local Government and Heritage the measures to be taken when the owner of a property listed on the derelict register cannot be located; if that property becomes the property of the local authority; if that property can be sold to a third party; and if he will make a statement on the matter. [4866/21]

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Written answers

Section 6(1) of the Derelict Sites Act 1990 (the Act) outlines the ways in which notices relating to derelict sites can be served by local authorities on a person under the Act. These are:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter, addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry, by delivering it to some person over sixteen years of age resident in or employed on the land to which the notice relates or by affixing it in a conspicuous position on or near such land.'

Section 6(2) of the Act further provides:

"Where the name of the owner or of the occupier (as the case may be) cannot be ascertained by reasonable inquiry, a notice may be addressed to “the owner” or “the occupier” (as the case may require) without naming him.".

With regard to acquiring ownership of a derelict site, in order for the site to become the property of the local authority, said local authority is required to undertake the processes outlined in section 15 of the Act. This includes serving notice on the person concerned under the above-mentioned section 6 of the Act indicating the authority's intention to compulsorily acquire the derelict site in question and publishing the details in one or more newspapers in it's functional area. If there are no objections to the proposed acquisition under section 16 of the Act, the local authority must then follow the processes outlined in section 17 of the Act in order compulsorily acquire the site by way of vesting order.

Once a derelict site has been acquired by a local authority and it, or any part of it, is not required by the local authority by whom it was required, section 20(2) of the Act allows for the sale, letting, transfer or exchange of the whole or that part of it (as the case may be) of the derelict site.

Building Regulations

Questions (106)

Éamon Ó Cuív

Question:

106. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the steps he has taken to ensure that all cladding materials used in the building industry for insulation and so no, do not pose a fire risk particularly in the context of the retrofit programmes being pursued here in view of the Grenfell disaster in the UK; the discussions he has had with the Minister for Communications, Climate and Environment on the issue; and if he will make a statement on the matter. [4898/21]

View answer

Written answers

The Building Regulations 1997 - 2019 set out the legal requirements in Ireland for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings. Their aim is to provide for the safety and welfare of people in and about buildings. The Building Regulations are set out in functional terms and are performance based – they do not set limitations on the materials.

The associated Technical Guidance Documents (TGD A - M respectively) provide technical guidance on how to comply with the regulations in practical terms for non-complex buildings. Where works are carried out in accordance with the relevant technical guidance, such works are considered to be, prima facie , in compliance with the relevant regulations.

Part D (Materials and Workmanship) requires that all works should be carried out in a workmanlike manner using “proper materials…which are fit for the use for which they are intended and for the conditions in which they are to be used” to ensure compliance with the Building Regulations and includes materials which comply with an appropriate harmonised standard or European Technical Assessment or comply with an appropriate Irish Standard or Irish Agrément Certificate or with an alternative national technical specification of any State which is a contracting party to the Agreement on the European Economic Area, which provides in use an equivalent level of safety and suitability.

A fundamental review of Part B (Fire Safety) is underway at present and will take note of Fire Safety in Ireland report (published in 2018), and consider common and emerging building trends, developments and events from a global perspective, matters relating to external fire spread, external fire resistance, internal fire resistance, cladding systems, sprinklers, etc. Changes in standards, including fire test standards and technological changes in areas such as materials and systems have necessitated a fundamental analysis of the provisions and assumptions contained in Technical Guidance Document B – Fire Safety.

In this context the Department established a consultative committee in December 2020 to discuss the technical revision of Part B/TGD B prior to documentation going for public consultation later in 2021. The Consultative Committee for the Review of Part B Fire Safety, held its inaugural meeting on 15 December 2020.

In regard to the retrofit programmes, the Programme for Government and the Climate Action Plan set targets to retrofit 500,000 homes to B2 BER or cost optimal equivalent and to install 400,000 heat pumps in existing residential buildings by 2030. All works, including the installation of insulation, must be carried out in compliance with the relevant regulations.

Planning Issues

Questions (107)

Peadar Tóibín

Question:

107. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if a policy will be introduced within his Department to provide a fair resolution to builders who purchase zoned land and due to the lack of adequate infrastructure such as sewage services they make the necessary investment to provide infrastructure only to have the land dezoned due to a change on policy either nationally or locally. [4899/21]

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Written answers

The preparation of a statutory city or county development plan is a central function of a planning authority undertaken in accordance with Sections 9-13 of the Planning and Development Act, 2000 (as amended). The zoning of land for particular uses, including for new housing, is specified in this legislation to be a reserved function of the elected members of the planning authority. This task is undertaken in order to contribute to meeting the identified housing supply needs of the local authority area in question.

In this regard, I have recently issued the ‘Housing Supply Target Methodology for Development Planning, Guidelines for Planning Authorities ’ under Section 28 of the Planning and Development Act (as amended). These guidelines provide an integrated and nationally consistent methodology for each planning authority to estimate an overall housing supply target for their development plan that is consistent with adopted national and regional population growth targets in the National Planning Framework and Regional Spatial and Economic Strategies. This housing supply target is quantified as an overall number of housing units that is to be planned and provided for in the development plan process, with scope for adjustment in certain local authority areas.

In producing the county development plan, the consideration and decision on what particular lands to zone is therefore taken by the elected members of the planning authority. In selecting lands to zone for future residential development, the planning authority is not, however, required to maintain zonings from a previous development plan.

The planning authority must consider the suitability of such lands for delivering new housing within the proposed plan period as part of the overall core strategy of the development plan. The Planning and Development Act is very clear (Section 10(8)), that “there shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan”.

The Planning Act also specifically addresses the matter of compensation under section 191, stating that “Compensation shall not be payable in respect of the refusal of permission for any development based on any change of the zoning of any land as a result of the making of a new development plan…”.

The availability of infrastructure to facilitate new development further to public or private investment is an important consideration in assessing the appropriateness of land for new housing development. Overall, the development plan adopted by the elected members must ensure that sufficient residential lands are available to contribute towards meeting the identified housing supply target, and should prioritise lands capable of delivering new homes within the six-year development plan period.

It would therefore be expected that sites that benefit from investment in services would normally be prioritised over sites that may be unserviced, but given the range of factors that must be considered as part of a county development plan process, these are matters for the planning authority to assess and determine in the context of the county development plan as a whole.

Planning Issues

Questions (108, 109, 113)

Éamon Ó Cuív

Question:

108. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if he plans to provide an interim solution to the long delay in granting exempted status to the installation of solar photovoltaic rooftop panels on schools and community buildings; and if he will make a statement on the matter. [4910/21]

View answer

Éamon Ó Cuív

Question:

109. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if he plans to amend the regulations pertaining to the installation of solar photovoltaic rooftop panels on houses and businesses; if so, when he plans to do so; and if he will make a statement on the matter. [4911/21]

View answer

Cian O'Callaghan

Question:

113. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if the planning regulations for the installation of solar rooftop panels will be revised to ensure exemptions are in accordance with action 30 of the Climate Action Plan 2019; when revised planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [4923/21]

View answer

Written answers

I propose to take Questions Nos. 108, 109 and 113 together.

Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Included in the specific conditions set out in the Regulations are those applying to the installation of solar infrastructure on a variety of building types, including houses, businesses, industrial and agricultural.

As part of the Climate Action Plan 2019, my Department is currently undertaking a review of the solar panel exemptions, and is actively engaging with the Department of Environment, Climate and Communications as well as other key stakeholders, with a view to finalising a proposal for draft amending Regulations - to reflect, inter alia, technical developments in the sector. One of the key considerations of the review is to ensure that solar panels can be erected - subject to certain siting and size conditions - without the need to obtain planning permission, to facilitate more widespread generation of energy for self-consumption. Also included in this review are solar panel exemptions for educational and community buildings.

The main outstanding issue that remains to be addressed in the current review is the potential for "glint and glare" impacts for aircraft and the need to ensure that they do not result in any real or potential threat to aviation safety. Accordingly, my Department is presently engaging with the Department of Environment, Climate and Communications as well as the Irish Aviation Authority, in order to find a safe and workable solution in relation to this particular aspect of the review. The Department has begun the tendering process for this project, which will involve the development of aviation safeguarding maps for each airport/aerodrome in the country, and has received feedback from potential tenderers estimating a timeline of up to 9 months for its completion. As such, these maps, which are a fundamental aspect of any amendments to the exemptions, are expected to be finalised in Q3 2021.

In recognition of the length of time that it is expected to take to complete the aviation safeguarding maps, my Department has decided to adopt an interim measure which would allow the revised regulations to be introduced prior to the completion of these maps, but with defined exclusion zones around airports and aerodromes for solar installations. My Department is consulting with the Irish Aviation Authority on this matter, and is working towards the development of draft regulations in this regard, the precise details of which have yet to be finalised.

As required under planning legislation, any such proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made. The draft regulations will also be subject to environmental assessment reporting considerations before being finalised and signed into force. The process for finalising the interim solar panel planning exemptions as referred to above, with exclusion zones around airports and aerodromes, is now expected to be completed by the end of Q1 2021. These interim regulations will allow for the vast majority of the country to be covered by the solar panel exemptions apart from those areas in close proximity to airports and aerodromes..

The overall process for updating the solar panel planning exemptions to include the completed aviation safeguarding maps for airports and aerodromes is still expected to be completed by Q4 2021.

Social and Affordable Housing

Questions (110)

Cian O'Callaghan

Question:

110. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the policy basis for only using one-bed units for housing first tenancies; if the policy will be amended to include two-bed units given the shortage of one-bed units; and if he will make a statement on the matter. [4914/21]

View answer

Written answers

Housing First enables homeless individuals with high levels of complex needs to obtain permanent secure accommodation with the provision of intensive housing and health supports to help them maintain their tenancies.

The National Implementation Plan for Housing First, published in September 2018, which puts the programme on a national footing, is designed to provide this response, by delivering permanent housing solutions and associated supports for rough sleepers and long-term users of emergency accommodation. It extends the delivery of Housing First nationally, with the introduction of targets for each local authority. The Plan includes an overall target of 663 tenancies in the period 2018-2021. The implementation of the Plan is a joint initiative of my Department, the Department of Health, the HSE and the local authorities.

A number of key principles are associated with Housing First. Housing First programmes that follow these principles have been found to achieve broadly the same high success rates. The principles in the National Implementation Plan are drawn from the Housing First Guide Europe, which is closely based on the principles contained in the original Housing First handbook developed by Dr. Sam Tsemberis.

The Programme for Government aims to continue to expand the Housing First approach with a focus on the construction and acquisition of one-bed homes and the provision of relevant supporting services.

Approved Housing Bodies

Questions (111)

Cian O'Callaghan

Question:

111. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage when the approved housing bodies regulatory authority will be formally established; the reason for the delay; the oversight and enforcement powers the regulator will be given; and if he will make a statement on the matter. [4920/21]

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Written answers

The Housing (Regulation of Approved Housing Bodies) Act 2019 was signed in to law on 23 December 2019. This Act will establish the Approved Housing Bodies Regulatory Authority to oversee the effective governance, financial management and performance of all voluntary and co-operative housing bodies.

Substantial preparatory work has been ongoing to ensure that once the body is formally established, it has the necessary resources in place to carry out its functions in line with the Act. Following a competition held by the Public Appointments Service, a Chief Executive Designate was appointed on 1 December 2020. A separate campaign was held to recruit members of the Regulator (i.e. the Board). It is anticipated that the body will be formally established in the coming weeks.

As set out in the Act, the functions of the Regulator shall be to:

a. establish and maintain a register of AHBs,

b. register persons as AHBs,

c. prepare draft standards for approval by the Minister under section 37 and publish the approved standards,

d. monitor and assess compliance by AHBs with this Act, in particular the approved standards,

e. carry out investigations under Part 5,

f. under Part 6, protect tenants and AHBs and cancel the registration of AHBs,

g. encourage and facilitate the better governance, administration and management, including corporate governance and financial management, of AHBs by the provision of such information and advice, in such form and manner, as the Regulator considers appropriate,

h. with a view to promoting awareness and understanding of this Act, make available such information as appears to the Regulator to be expedient to give to the public about the operation of this Act, in such form and manner, as the Regulator considers appropriate,

i. collect such information concerning AHBs as the Regulator considers necessary and appropriate for the purposes of the performance of the Regulator’s functions, and

j. publish such information (including statistical information) concerning AHBs as the Regulator considers appropriate.

Defective Building Materials

Questions (112)

Cian O'Callaghan

Question:

112. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the timeline for the conclusion of the defects working group’s work; and if he will make a statement on the matter. [4922/21]

View answer

Written answers

The Programme for Government sets out a number of commitments in respect of the important policy area of building defects and provides for an examination of defective housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing report, "Safe as Houses".

In this regard, my Department is actively engaging with key stakeholders and I have had several meetings with stakeholder representative groups on this matter over recent months. My Department is currently working to establish the structures to examine the issue of defective housing, this will include apartment buildings, in line with the commitment in the Programme for Government.

I recently appointed Mr Seamus Neely, former Chief Executive of Donegal County Council, to the position of Chair to the independent working group to oversee the effective implementation of the group’s terms of reference which are currently being finalised.

It is intended to conclude the process of finalising measures, including membership and methodologies, to establish the independent working group in consultation with the key stakeholders in the coming weeks, with a view to holding the inaugural plenary working group meeting shortly thereafter.

In regard to the timeline, the Programme for Government specifically states that the issue is to be examined in the first 12 months of the Government and the establishment of this independent working group, which will be up and running in Q1 of this year, is a clear demonstration of how seriously I treat this issue.

Question No. 113 answered with Question No. 108.

Domestic Violence Services

Questions (114)

Aindrias Moynihan

Question:

114. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage the measures being taken to identify and support social housing recipients and applicants along with their families in difficult domestic violence situations; the training being provided to staff in public and private housing associations and authorities to ensure that these persons are being dealt with appropriately given the various situations that can arise from domestic violence; and if he will make a statement on the matter. [4924/21]

View answer

Written answers

Responsibility for the development and provision of services to support victims of domestic violence rests with my colleague the Minister for Children, Equality, Disability, Integration and Youth and I understand that the delivery of these services is managed by Tusla, the Child and Family Agency. As such, the matters raised by the Deputy in relation to the resources provided to support victims of domestic violence and capacity in refuges is a matter for the Minister for Children, Equality, Disability, Integration and Youth.

In terms of housing services, in 2017, my Department issued policy and procedural guidance to housing authorities relating to the role they can play to assist victims of domestic violence. The guidance is also a useful reference for service providers working, highlighting where they can be of greatest assistance to their clients, covering a range of scenarios that may arise for victims of domestic violence in seeking social housing supports. These include provisions around the use of the Housing Assistance Payment scheme, or the Rental Accommodation Scheme, where a victim has a joint interest in the family home, or ownership of alternative accommodation, but would otherwise qualify for social housing support.

The guidance was introduced with the objective of supporting a partnership approach by statutory agencies in respect of the delivery of domestic violence services, particularly in relation to helping to prevent and reduce the occurrence of related homelessness and facilitating the provision of long term accommodation for victims of domestic violence.

Flood Relief Schemes

Questions (115)

Holly Cairns

Question:

115. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the details of the request to his Department by local authorities for additional funding to deal with flooding between 1 January 2015 and 21 January 2020; and if he will make a statement on the matter. [4960/21]

View answer

Written answers

Local authorities are designated as a principal response agency as well as being 'lead agency' for coordinating the local response to flooding emergencies as per the Government decision relating to the “Framework for Major Emergency Management” (2006).

The arrangements for emergency management have evolved and, when called upon, are seen as having worked well, in particular the responses to flooding and other severe weather emergencies led by local authorities. All local authorities have Severe Weather/ Flood Plans in place to support the response to weather emergencies as part of their individual Major Emergency Plans. Local authorities also have a Severe Weather Assessment Team in place, monitoring Met Éireann weather warnings and OPW and EFAS flood advisory/ warnings and High Tide Advisories.

The Covid-19 pandemic has necessitated some changes in established practices, and my Department has made necessary changes, including hosting/ providing a direct link for situation briefing between Met Éireann's forecasting and flood forecasting division and the local authorities in advance of any predicted severe weather event. My Department also hosted a focus group, organised by Met Éireann, in September 2020, where Met Éireann shared updates regarding the development of flood forecasting and warning and updates in relation to the naming convention for storms and general weather warnings.

My Department is designated as 'Lead Government Department' , as set out in the Government approved Strategic Emergency Management (SEM) Framework (2017), in relation to coordination of response to flooding emergencies at national level where warranted. The Department's National Directorate for Fire and Emergency Management undertakes this role, and works closely with Local Authority Severe Weather Assessment Teams.

Since 2009, my Department has made financial support available to assist local authorities in meeting the un-budgeted costs of clean-up and necessary immediate works, such as staff overtime and hire of plant and contractors, associated with significant severe weather emergency events, including flooding. This is in recognition of the exceptional nature of activities carried out by local authorities in responding to these types of emergencies and the fact that the costs of these un-programmed activities cannot be met from within existing resources. This practice is considered a vital enabler of local authority response, providing the assurance that availability of resources is not a limiting factor in providing effective local response.

In the context of the severe weather/ flooding events which occurred during the period of 1st of January 2015 to 21st January 2020, my Department received requests from individual local authorities for support in funding the significant costs of the response, clean-up and necessary immediate works. In light of the exceptional nature of these response activities carried out by local authorities, and the fact that the costs of these activities were not budgeted for within existing resources, my Department re-couped in excess of €36,000,000 towards the costs incurred by local authorities during that period.

The table below details the funds provided to each local authority over the period in question.

Local Authority

Funds recouped (€) 01/01/2015 - 21/01/2020

Carlow

€967,132.34

Cavan

€334,143.00

Clare

€1,157,128.00

Cork City

€2,323,574.00

Cork County

€3,602,145.00

Donegal

€2,889,130.95

Dublin City

€285,046.00

Dun Laoghaire/Rathdown

€200,069.00

Fingal

€507,395.33

Galway City

€204,956.00

Galway County

€3,495,223.62

Kerry

€914,415.17

Kildare

€673,176.90

Kilkenny

€1,109,134.00

Laois

€725,016.44

Leitrim

€839,347.70

Limerick

€1,374,070.13

Longford

€530,026.03

Louth

€278,689.35

Mayo

€1,398,713.74

Meath

€897,402.00

Monaghan

€264,890.91

Offaly

€936,140.08

Roscommon

€991,094.74

Sligo

€568,855.03

South Dublin

€527,805.52

Tipperary

€1,796,412.00

Waterford

€1,791,323.00

Westmeath

€1,572,092.56

Wexford

€1,628,076.26

Wicklow

€1,227,356.73

Total:

€36,009,981.53

Home Loan Scheme

Questions (116)

Éamon Ó Cuív

Question:

116. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the steps he will take to ensure that applicants for the Rebuilding Ireland home loan scheme are not being stopped from drawing down approved loans due to the fact they are temporarily on the employment wage subsidy scheme; and if he will make a statement on the matter. [4966/21]

View answer

Written answers

The Rebuilding Ireland Home Loan scheme remains open for business. All local authorities are receiving and processing RIHL applications and are incorporating increased flexibility to accommodate applicants during the COVID 19 Pandemic.

As is the case with any lender, local authorities must lend mortgages on a prudent basis, taking into account the most recent income and employment data available. This is both for the protection of the lender and the borrower, in particular to seek to ensure that borrowers are not left with unsustainable debt burdens, as a mortgage is a long-term commitment. It would not be appropriate to lend when there is an identifiable risk that the person’s income and ability to pay might not return to the level required to support the borrowing requested.

Where such persons are approved for a RIHL loan, draw down would not commence until their unsupported income post Temporary Wage Subsidy Scheme (TWSS) has returned to the level specified in the original application for a period of time, usually up to three months. This is line with the requirement to lend prudently.

This is not a blanket ban. Local authorities can use their judgement and knowledge of local employers to advance loans to applicants before the end of this three-month period, where appropriate. This also applies to the successor scheme the Employment Wage Subsidy Scheme (EWSS). There are further exceptions to this approach. In the case of a joint application where only one party is on TWSS or EWSS, the application can also proceed to drawdown if repayment capacity can be assured based on the other person’s income. For applicants whose post-TWSS/EWSS income is lower (e.g. due to reduced hours) than stated on their application, their application can be re-assessed to determine the most appropriate borrowing amount for them.

In addition, persons currently on the TWSS/EWSS can continue to apply for a RIHL mortgage based on their pre-TWSS/EWSS Income. This will provide clarity to applicants regarding their eligibility for the loan amount and will enable them to commence the property search.

Question No. 117 answered with Question No. 78.

Passport Applications

Questions (118)

Niall Collins

Question:

118. Deputy Niall Collins asked the Minister for Foreign Affairs when passport applications will be processed; if an application can be hand delivered to a passport office; and if he will make a statement on the matter. [4545/21]

View answer

Written answers

The Passport Service has paused processing of routine applications while Ireland is at Level 5 of the National Framework for Living with COVID-19. Passport Service staff have been temporarily reassigned to provide consular assistance for Irish citizens overseas.

The Passport Service continues to provide an emergency passport service for Irish citizens at home and abroad. The service is available for those who are required to travel due to the death or serious illness of a family member or because the applicant requires emergency medical treatment.

Applicants who require a passport for emergency purposes, or to travel for urgent reasons, should contact the Passport Service via our Customer Service Hub Webchat function on our website.

The Passport Service has a comprehensive plan in place to resume all services, in line with the National Framework for Living with COVID-19. When operations resume at Level 4, all applications received via Passport Online will be processed.

The Passport Service has a great deal of experience in dealing with peaks in demand, and we are confident that any backlog will be cleared quickly. When the Passport Service resumed operations in June 2020, the backlog was cleared in four weeks. It was similar in December 2020 with the majority of the backlog cleared within three weeks.

The Passport Service plans to resume processing of routine paper based applications such as Passport Express, Northern Ireland Passport Express and applications for Foreign Birth Registrations at Level 3 of the National Framework.

The Cork and Dublin Passport Offices were closed to the public on 27 March 2020 in response to the COVID-19 public health emergency. The re-opening of the Passport Offices in Dublin and Cork to the public is kept under regular review, with due consideration being given to public health protection measures.

Passport Services

Questions (119)

Chris Andrews

Question:

119. Deputy Chris Andrews asked the Minister for Foreign Affairs when the embargo on processing first-time passports will be lifted; and if he will make a statement on the matter. [4575/21]

View answer

Written answers

The Passport Service has paused processing of routine applications while Ireland is at Level 5 of the National Framework for Living with COVID-19. Passport Service staff have been temporarily reassigned to provide consular assistance for Irish citizens overseas.

The Passport Service continues to provide an emergency passport service for Irish citizens at home and abroad. The service is available for those who are required to travel due to the death or serious illness of a family member or because the applicant requires emergency medical treatment. An urgent service is available to Irish citizens who are resident overseas through the local Irish Embassy or Consulate.

Applicants who require a passport for emergency purposes, or to travel for urgent reasons, should contact the Passport Service via our Customer Service Hub Webchat function on our website.

First time passport applications cannot be expedited as the necessary security and identity checks do not allow for expediting of such applications.

The Passport Service has a comprehensive plan in place to resume all services, in line with the National Framework for Living with COVID-19. When operations resume at Level 4, all applications received via Passport Online will be processed.

The Passport Service has a great deal of experience in dealing with peaks in demand, and we are confident that any backlog will be cleared quickly. When the Passport Service resumed operations in June 2020, the backlog was cleared in four weeks. It was similar in December 2020 with the majority of the backlog cleared within three weeks.

The Passport Service plans to resume processing of routine paper based applications such as Passport Express, Northern Ireland Passport Express and applications for Foreign Birth Registrations at Level 3 of the National Framework.

Human Rights

Questions (120)

John Brady

Question:

120. Deputy John Brady asked the Minister for Foreign Affairs the action Ireland has taken to express its objections to the ongoing isolation torture and the periodic denial of access to legal representation in the case of a person (details supplied); the action Ireland plans to take in the future; and if he will make a statement on the matter. [4620/21]

View answer

Written answers

I have made known for some time my concerns about the overall human rights situation in Turkey. It is an issue which I raised with Turkish Foreign Minister Cavusoglu when I met him for consultations on 27 January.

The Council of Europe Committee for the Prevention of Torture, in a report it issued in 2019, stated that the restrictions imposed on Abdullah Ocalan and a number of other inmates in the prison on the island of Imrali, including lengthy periods in solitary confinement, were not acceptable.

This forms part of a wider pattern of negative behaviour by Turkey in respect to democracy, rule of law and respect for human rights since the 2016 attempted coup. Ireland raised its concerns about rule of law, due process and the treatment of civil society in Turkey during its Universal Periodic Review last year. At the Human Rights Council in June, we also stressed our profound concern about the detention of human rights defenders in Turkey in our Item 4 Statement.

The EU has continually highlighted these issues through public Statements, Council Conclusions, and the Commission’s Annual Reports, and raised them bilaterally with Turkey. The lack of progress in these areas has meant that accession negotiations are unfortunately at a standstill.

As a candidate country and long-standing member of the Council of Europe, the Turkish authorities should follow-up on the recommendations by the Council of Europe and on the rulings by the European Court of Human Rights. Turkey urgently needs to demonstrate concrete progress on the rule of law and fundamental freedoms, which are cornerstones of EU-Turkey relations. Engagement with and by the EU is vital for the sake of human rights and rule of law in the country.

Ireland, together with our European counterparts, will continue to monitor all aspects of the EU-Turkey relationship, with a particular focus on the fundamentals (respect for human rights, rule of law, and democracy), and continue to voice our concerns bilaterally and multilaterally wherever it is appropriate.

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