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Wednesday, 24 Mar 2021

Written Answers Nos. 583-607

Covid-19 Pandemic Supports

Questions (583)

Fergus O'Dowd

Question:

583. Deputy Fergus O'Dowd asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will examine matters raised in correspondence by a person (details supplied) on the impact Covid-19 is having on that person's business; and if she will make a statement on the matter. [15478/21]

View answer

Written answers

I am aware of the issues faced by the tourism and hospitality industry, including businesses such as the one to which the Deputy is referring specifically. I understand the difficulties that COVID-19-related restrictions pose for couples on their special day and the impact on businesses servicing weddings. Nonetheless COVID-19 is a highly infectious disease, which spreads when individuals and groups come into close contact with one another, enabling the virus to move from one person to another. The current public health advice is that it is too early to say how and when other restrictions might be eased given current uncertainties.

In line with COVID-19 Resilience and Recovery Plan 2021 – The Path Ahead, the Government agreed that the public health restrictions will be subject to ongoing review taking account of the evolving epidemiological situation and available evidence in relation to vaccine deployment, uptake and effectiveness. Government will meet in advance of 5th of April to review the level of restrictions. The focus of the assessment, based on the public health advice, will be on achieving the following before any significant easing of measures is contemplated:

1. Disease prevalence (case numbers/incidence) is brought to much lower levels that can be managed and controlled by public health and that the reproduction number (“R” number) is such that we can be confident that we can continue to suppress the disease, e.g. at or below 1.

2. Hospital and critical care occupancy are reduced to low levels to protect the health service and allow for the safe resumption of non-COVID-19 care.

3. Ongoing and steady progress on the vaccination programme such that the most vulnerable are protected through vaccination.

4. Emerging information on variants of concern.

Any easing of measures should be slow and gradual with sufficient time between phases to assess impact and to respond if the epidemiological situation were to deteriorate.

In terms of supporting businesses through the ongoing pandemic, the Government has introduced a number of horizontal measures and the July Stimulus and Budget 2021 provided a significant package of tax and fiscal measures to build the resilience of the economy and help vulnerable but viable businesses across all sectors. Supports include the COVID Restrictions Support Scheme (CRSS), the Employment Wage Subsidy Scheme (EWSS) and the Pandemic Unemployment Payment (PUP), as well as ReStart grants and tax warehousing provisions.

Sports Capital Programme

Questions (584)

Niamh Smyth

Question:

584. Deputy Niamh Smyth asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media when sports capital grant applicants for 2021 can expect to receive a decision on their applications; and if she will make a statement on the matter. [15558/21]

View answer

Written answers

The Sports Capital and Equipment Programme is the primary vehicle for Government support for the development of sports and physical recreation facilities and the purchase of non-personal sports equipment throughout the country.

The 2020 round of the Sports Capital and Equipment Programme closed for applications on Monday 1st March. By the closing date, 3,106 applications were submitted seeking over €200m in funding. This is the highest number of applications ever received.

Given the large number of applications received and the detailed information contained in each, this assessment process is likely to take a number of months. As soon as this process is complete all applicants will be informed of the outcome of the assessment of their application.

Covid-19 Pandemic Supports

Questions (585)

Brendan Howlin

Question:

585. Deputy Brendan Howlin asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media further to Parliamentary Question No. 271 of 24 February 2021, when a reply will issue from Fáilte Ireland. [15772/21]

View answer

Written answers

I understand that the Deputy is referring to PQ 10224/21 regarding the provision of supports to charter boat operators. I am informed that Fáilte Ireland has now issued a substantive reply to the Deputy in respect of that PQ.

Covid-19 Pandemic

Questions (586)

Marian Harkin

Question:

586. Deputy Marian Harkin asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media her plans to allow outdoor sporting activities to resume after 5 April 2021 (details supplied); and if she will make a statement on the matter. [15784/21]

View answer

Written answers

In the context of the recent publication of the COVID-19 Resilience and Recovery Plan 2021 – The Path Ahead, the Government has agreed that the public health restrictions will be subject to ongoing review taking account of the evolving epidemiological situation and available evidence in relation to vaccine deployment, uptake and effectiveness. The public health advice is that it is too early to say how and when other restrictions should be eased given current uncertainties. Government will meet in advance of the 5th of April to review the level of restrictions. The focus of the assessment, based on the public health advice, will be on achieving the following before any significant easing of measures is contemplated:

1. Disease prevalence (case numbers/incidence) is brought to much lower levels that can be managed and controlled by public health and that the reproduction number (“R” number) is such that we can be confident that we can continue to suppress the disease e.g. at or below 1.

2. Hospital and critical care occupancy are reduced to low levels to protect the health service and allow for the safe resumption of non-COVID-19 care.

3. Ongoing and steady progress on the vaccination programme such that the most vulnerable are protected through vaccination.

4. Emerging information on variants of concern.

Any easing of measures should be slow and gradual with sufficient time between phases to assess impact and to respond if the epidemiological situation was to deteriorate. It will take account of emerging international and national evidence and experience and with a specific focus on supporting mental health and wellbeing. The Government has agreed that the following areas may be considered if the situation improves sufficiently:

- Some easing of restrictions on outdoor activities and meetings beyond 1 other household.

- Consideration of extending the current 5km limit.

- Staggered start of easing of other areas of activity with a focus on outdoor activities including sport and some areas of construction.

The Government fully recognises the positive contribution which sport makes to people's physical and mental health. Minister Martin and I are continuing our engagement with Sport Ireland and the sporting bodies with a view to bringing proposals at the appropriate time for consideration by Government, in consultation with NPHET and the public health authorities.

Sports Capital Programme

Questions (587)

Richard Bruton

Question:

587. Deputy Richard Bruton asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the details of the applications received for sports capital grants; and the value of the grants applied for by clubs in the Dublin city and Fingal areas. [15828/21]

View answer

Written answers

The Sports Capital and Equipment Programme is the primary vehicle for Government support for the development of sports and physical recreation facilities and the purchase of non-personal sports equipment throughout the country.

The 2020 round of the Sports Capital and Equipment Programme closed for applications on Monday 1st March. By the closing date, 3,106 applications were submitted seeking over €200m in funding. This is the highest number of applications ever received. Under the Department’s Online Sports Capital Register (OSCAR), details are only broken down on a county basis and, in regard to Dublin, 458 applications were submitted seeking approx. €30m in funding.

A list of all the organisations that made applications are published on a county basis on my Department's website at https://www.gov.ie/en/service/d13385-sports-capital-programme/#sports-capital-programme-applications-allocations-and-payments.

Departmental Funding

Questions (588)

Michael Healy-Rae

Question:

588. Deputy Michael Healy-Rae asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the status of an application for funding by a company (details supplied); and if she will make a statement on the matter. [15839/21]

View answer

Written answers

I understand that the Deputy is referring to Fáilte Ireland's Tourism Business Continuity Scheme. The administration of the scheme is an operational matter for Fáilte Ireland. I have accordingly referred the Deputy's question to Fáilte Ireland for direct reply to the Deputy. Please contact my private office if you have not received a reply within ten working days.

Fur Farming

Questions (589)

Holly Cairns

Question:

589. Deputy Holly Cairns asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the financial grants or other supports provided by Údarás na Gaeltachta to fur farms since 2009. [15925/21]

View answer

Written answers

I am informed by Údarás na Gaeltachta that there is currently one client company in the fur sector, Tazetta Teo, which has received support since 2009. The company was formed in 1992 following the amalgamation of Jet Mink Teo. and Cilfin Teo., which had established mink farms in the same area in Donegal in 1969.

Údarás na Gaeltachta grants to Tazetta Teo. since 2009 are outlined below.

Year

Amount

Description

2018

€3,560

Rent Subsidy

2017

€3,560

Rent Subsidy

2016

€7,090

Equipment & Training Grant

2015

€58,149

Equipment Grants

2014

€28,261

Equipment Grant

2010

€26,000

Employment Grant

2009

€10,400

Employment Grant

Total

€137,020

Housing Issues

Questions (590, 591, 594, 653, 665)

Seán Canney

Question:

590. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage the reason for keeping private housing construction closed while repairs to social housing remain open in view of the fact that all housing is essential; and if he will make a statement on the matter. [14037/21]

View answer

Seán Canney

Question:

591. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage if he will consider opening up private housing construction due to the fact that contracts for sale are signed and mortgages are in place, and if they expire the sales will fall through; and if he will make a statement on the matter. [14038/21]

View answer

Catherine Connolly

Question:

594. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to urgent representations made on behalf of a person (details supplied); the way under level 5 restrictions by which a person with a serious medical condition who requires construction work as a result of this condition can obtain written confirmation that the proposed construction work is deemed essential for health reasons; and if he will make a statement on the matter. [14908/21]

View answer

Donnchadh Ó Laoghaire

Question:

653. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Local Government and Heritage if a family (details supplied) will be permitted to complete construction works in their house to repair the roof and rear supporting wall given that the property is currently uninhabitable and the recent bad weather has damaged the property significantly. [14492/21]

View answer

Richard Bruton

Question:

665. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if medically necessary work for which no grant has been sought can be deemed essential construction during level 5 restrictions. [14673/21]

View answer

Written answers

I propose to take Questions Nos. 590, 591, 594, 653 and 665 together.

The Government announced that additional public health restrictions would apply under Level 5 of the Plan for Living with COVID-19 on 6 January 2021. The additional restrictions required all construction activity to cease from 6pm on Friday 8 January, with a number of exceptions. These measures are set out in The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (as amended). The decision on restrictions was taken by the Government following advice from NPHET.

With regard to private housing development, the Regulations provide that housing and construction works ongoing on 8 January could continue where the works required to render the property capable of occupation were scheduled for completion by 31 January 2021. The Regulations also provide for the supply and delivery of essential or emergency maintenance and repair services to businesses and homes (including electrical, gas, oil, plumbing, glazing and roofing services) on an emergency call-out basis. No other private housing construction activity is allowed under the Regulations.

On 23 February, the Government announced that the current level 5 restrictions will remain in place until 5 April 2021, when the easing of restrictions relating to construction will be considered.

Departmental Correspondence

Questions (592)

Niamh Smyth

Question:

592. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage if he will review correspondence (details supplied); if he will provide an update on same to the sector; and if he will make a statement on the matter. [14091/21]

View answer

Written answers

I have established a working group under an independent chairman, Dr. Munoo Prasad, to examine the issues which had been identified during the Review of the use of Peat Moss in the Horticultural Industry. It is comprised of representatives of the relevant Government Departments, State Bodies, Environmental Non-Governmental Organisations and of various sectors within the horticultural industry.

It is envisaged that the recommendations of the chairman will be issued to me within 6 months of the establishment of the working group. However, an interim recommendation or recommendations may be issued within a shorter period.

The first meeting of the working group took place on 4 March last with another taking place on 18 March. I am advised that a recommendation as regards the legislative provisions in relation to horticultural peat extraction is to be prepared, with a view to submission to me after the next meeting of the working group, scheduled for mid-April.

Harbours and Piers

Questions (593)

Brendan Griffin

Question:

593. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage the person or body responsible for the upkeep and controlling authority of Saleen Pier, Ballylongford, County Kerry; and if he will make a statement on the matter. [14647/21]

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Written answers

Waterways Ireland assumed responsibility for management, maintenance and development principally for recreational purposes of the Shannon Navigation under Cl. 1. of Annex 2, Part 1 of British Irish Agreement Act, 1999 with effect from 1 April, 2000. The “Shannon Navigation” is defined in the Shannon Navigation Act, 1990 by reference to an Act of the British Parliament, 2 & 3 Vict., c.61 which is the Shannon Act, 1885. The Shannon Act, 1885 empowered the Commissioners of Public Works to make provision with respect to the maintenance of certain piers in the estuary of the River Shannon including Saleen (Ballylongford ) Pier, Co. Kerry by committing the maintenance thereof to named trustees or to a local authority or to a harbour authority.

The Shannon Act, 1885 was repealed in relation to any harbour authority by the Harbours Act, 1946.

If ownership of Saleen Pier has not yet been vested in another authority, it appears responsibility for same rests with Waterways Ireland.

However, the Shannon Navigation (Extension of Limits of Navigation) Bye-laws, 1998 fixed and determined the southern limits of the river Shannon as the upstream face of Mallow Street Bridge (which connects the parish of St. Nicholas with the parish of St. Michael) in the city of Limerick. As Waterways Ireland’s remit does not extend beyond Limerick city, the Body is endeavouring to identify a more appropriate authority with whom we would engage to transfer ownership, subject to the required approvals.

Question No. 594 answered with Question No. 590.

Covid-19 Pandemic

Questions (595)

Sorca Clarke

Question:

595. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage the reason Scragh Bog, County Westmeath has been closed to visitors given that the users of the amenity are deeply concerned, particularly in view of the current level 5 restrictions regarding travel above five kilometres. [15673/21]

View answer

Written answers

The National Parks and Wildlife Service (NPWS) of my Department, in consultation with Coillte, closed Scragh Bog and Nature Reserve from 15th March. It will remain closed until further notice.

Scragh Bog is a Special Area of Conservation and Nature Reserve of international importance and the site has been closed for Health & Safety reasons. There have been repeated issues with overcrowding of the car-park and of cars parking on grass verges – causing damage and impacting access for emergency services and obstruction for concerned residential road users, including access to land for agriculture use.

Assessments into public and visitor behaviours need to be undertaken before considering re-opening of this site. The NPWS continues to monitor the situation.

Homeless Persons Supports

Questions (596, 677)

Violet-Anne Wynne

Question:

596. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if isolation units are in place in County Clare for homeless services to avail of when required in the case of a Covid-19 infection or suspected infection; the locations in which these units are situated; if they are suitable for persons with disabilities; and if he will make a statement on the matter. [16213/21]

View answer

Denis Naughten

Question:

677. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage if local authority housing is being used to provide isolation facilities in relation to Covid-19; and if he will make a statement on the matter. [14868/21]

View answer

Written answers

I propose to take Questions Nos. 596 and 677 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 emergency accommodation and related services for homeless persons rests with individual housing authorities. This includes the provision of Covid-19 self-isolation facilities for the use of households in emergency accommodation.

The matters referred to are operational issues for the relevant housing authorities. However, in the context of the response to Covid-19 my Department is in regular contact with local authorities to ensure the availability of sufficient bed capacity to facilitate the isolation of suspected cases that arise in homeless services. I understand this can include, where it is deemed appropriate based on local circumstances and need, the use of local authority properties.

Approved Housing Bodies

Questions (597, 598)

Carol Nolan

Question:

597. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the funding provided to each approved housing body in 2020, in tabular form; and if he will make a statement on the matter. [13868/21]

View answer

Carol Nolan

Question:

598. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the funding provided to an association (details supplied) in each of the years from 2016 to 2020 and to date in 2021; and if he will make a statement on the matter. [13869/21]

View answer

Written answers

I propose to take Questions Nos. 597 and 598 together.

There are a range of funding and delivery mechanisms available to local authorities to deliver social housing supports in partnership with Approved Housing Bodies (AHBs). The funding is provided by my Department directly to local authorities, who in turn, advance the funding to the AHBs, as appropriate.

The organisation detailed by the Deputy is an Approved Housing Body and receives funding from my Department, through the local authorities, under a range of capital and current programmes.

The table below outlines details of funding provided over the period 2016 to end February 2021. However, it should be noted that the recoupment of monies paid under the Rental Accommodation Scheme (RAS) are not included. A breakdown of RAS payments by local authorities to individual AHBs is not held by my Department, as the managment of individual properties is a matter for each individual local authority, in accordance with the contractual arrangements entered into in respect of each property. Additionally, in respect of homeless expenditure, my Department does not fund any homeless accommodation or services directly but provides funding to housing authorities towards the overall costs incurred in the provision of homeless accommodation. Housing authorities may also incur expenditure on homeless related services outside of the funding arrangements with my Department. Therefore, the amount of funding granted by housing authorities to individual homeless services is a matter for the relevant housing authority. Financial reports from each of the homeless regions, setting out expenditure on homeless services for 2016 - 2019 are published on my Department’s website at the following link:

https://www.gov.ie/en/collection/80ea8-homelessness-data/#local-authority-regional-financial-reports

2016€m

2017€m

2018€m

2019€m

2020€m

2021 (end Feb)€m

12.1

17.9

45.8

64.1

92.6

13.5

The table above includes funding provided in respect of the Capital Loan and Subsidy Scheme (CLSS) and it should be noted that the vast majority of funding provided to local authorities under the scheme relates to the repayment of loan charges (principle and interest) to the Housing Finance Agency, in respect of loans advanced to the AHBs for their delivery of new social housing under the CLSS. The balance of the funding provided to local authorities, and in turn to AHBs, is in respect of a management and maintenance allowance for the upkeep, by the AHBs, of the CLSS funded properties, in line with the terms of scheme.

In respect of AHB funding in 2020, the funding provided to each individual AHB is not readily available within my Department. Currently there are 495 AHBs listed in the Department’s register of AHBs. The oversight of AHBs is conducted through the Voluntary Regulation Code (the Code), "Building for the Future, A Voluntary Regulation Code for Approved Housing Bodies in Ireland" underpinned by three standards - Financial, Governance and Performance Standards. The Code is overseen by an Interim Regulatory Committee supported by a Regulation Office based in the Housing Agency. In accordance with Department Circular 15/2016, only those AHBs that have signed up to the Code and have undergone a satisfactory assessment as part of the assessment process by the Regulation Office are considered eligible for funding. Currently 286 AHBs are signed up to the Code.

Overall, €514 million was provided by my Department to the local authorities in respect of a range of AHB funded schemes in 2020. In respect of 2020 homeless expenditure, the financial reports for 2020 are currently being collated and will be published shortly on my Department's website.

Local Authority Staff

Questions (599)

Fergus O'Dowd

Question:

599. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage the full job description as agreed with Louth County Council in respect of the senior executive officers appointed to Dundalk and Drogheda; if the job roles differ between both towns; if further information will be provided in respect of same; and if he will make a statement on the matter. [13881/21]

View answer

Written answers

Louth County Council sought formal sanction from my Department for two additional staff at Senior Executive Officer grade level in early 2020, the posts to be filled by internal competition. Formal sanction was communicated by my Department to the Council on 31 January 2020 on a three year specific purpose contract basis with recruitment confined to the local government sector.

The detailed arrangements, including recruitment, expected start date(s) and the detailed role and functions of the posts, in line with the Council's funding proposal to the Department, are a matter for Louth County Council in accordance with section 159 of the Local Government Act 2001 which provides that each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.

An Bord Pleanála

Questions (600)

Carol Nolan

Question:

600. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if he will address concerns that a person (details supplied) is now waiting 31 weeks for the resolution of an appeal decision by An Bord Pleanála, in contravention of the compliance target set out in the performance delivery agreement between An Bord Pleanála and his Department; and if he will make a statement on the matter. [13888/21]

View answer

Written answers

Under Section 30 of the Planning and Development Act 2000, as amended (the Act), the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned. While I can address the general matter of An Bord Pleanála's case processing timelines, I cannot comment in relation to this specific case and this matter should be raised directly with An Bord Pleanála.

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.

An Bord Pleanála (the Board) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts.

Section 126 of the Act provides that it shall be the duty and objective of the Board to decide appeals as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, insofar as is practicable, there are no avoidable delays at any stage in the determination of appeals.

Section 126 also provides that it shall be an objective of the Board to ensure that every appeal is determined within 18 weeks beginning on the date of receipt of an appeal. Where it is not possible or appropriate, because of the particular circumstances of an appeal, to determine an appeal within the 18 week period the Board is required to notify the participants in the appeal before the expiration of that period giving the reason for not meeting the objective target and specifying a date before which the Board intends to determine the appeal. Where any case has exceeded the statutory objective period then the Board will have written to the parties involved as per these statutory requirements. In circumstances where any new date is not met the Minister understands it is the practice of the Board to also notify the parties of that and the reason for the further delay.

The Board’s 2020 Performance Delivery Agreement with the Department reflects an overall target to determine 65% - 75% of all planning appeal cases within the 18 week statutory objective period and the Minister understands that 76% of all such cases disposed in 2020 were concluded within this 18 week target.

It is acknowledged that a certain percentage of cases, due to particular circumstances, such as complexity, requests for further information from applicants for permission or further submissions from other participants including third parties, will not meet the 18 week target.

My Department has worked closely with the Board over the last few years on a range of measures aimed at increasing its compliance rate with the statutory objective period, including the appointment of Board members and the provision of additional staff resources. I am satisfied with the impact these measures appear to be having.

My Department will continue to liaise closely with the Board to ensure that it has appropriate resources to maintain and improve its compliance rate, in line with its annual Performance Delivery Agreement targets.

Solar Energy Guidelines

Questions (601, 615)

Jennifer Whitmore

Question:

601. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage when draft interim planning regulations for the installation of solar rooftop panels will be laid before the Houses of the Oireachtas; and if he will make a statement on the matter. [13904/21]

View answer

Michael Ring

Question:

615. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage the details of the review by his Department of siting and size conditions for rooftop solar panels on homes and the review of exemptions for educational and community buildings as part of the current development of interim planning regulations; the details of the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [14066/21]

View answer

Written answers

I propose to take Questions Nos. 601 and 615 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 planning exemptions 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 to which specific conditions are attached.

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, thereby facilitating more widespread generation of renewable 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 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 screening under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC to determine whether they are likely to have significant environmental effects. If there are significant effects, the undertaking of an SEA will be required, which will include public consultation.

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 early in Q2 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.

Urban Regeneration and Development Fund

Questions (602, 610)

Gerald Nash

Question:

602. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if a copy will be provided of the matrix and scoring system used to assess applications to his Department for funding under the latest round of the urban regeneration and development fund; if a copy will be provided of the matrix for the Drogheda northern port access route application; the way it was scored and assessed; and if he will make a statement on the matter. [13911/21]

View answer

Fergus O'Dowd

Question:

610. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if the marking scheme and assessments made by his Department will be published on the application by Louth County Council for funding for the Drogheda urban regeneration project; and if he will make a statement on the matter. [14022/21]

View answer

Written answers

I propose to take Questions Nos. 602 and 610 together.

The second call for proposals under the Urban Regeneration and Development Fund was launched in January 2020. A copy of the circular setting out the objectives of the Fund together with the application form and assessment criteria have been available on my Departments website since then, and can be found at the following link: https://www.gov.ie/en/publication/908737-how-to-apply-for-the-urban-regeneration-and-development-fund/

A copy of the detailed assessment of the unsuccessful proposal for the Port Access Northern Cross Route has been provided to the applicant, Louth County Council. My officials are available to engage with Council officials to provide any feedback/information required on the assessment of this proposal.

Wind Energy Guidelines

Questions (603, 606)

Darren O'Rourke

Question:

603. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if the upcoming marine planning and development management Bill will stipulate a minimum distance that offshore windfarms have to be located away from the coastline; and if he will make a statement on the matter. [13940/21]

View answer

Darren O'Rourke

Question:

606. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if the new marine planning and development management Bill will include a minimum distance from the coast for offshore windfarms; if not, if this will be dealt with by way of regulation; if so, if his Department or the Department of Environment, Climate and Communications has responsibility for same; and if he will make a statement on the matter. [13976/21]

View answer

Written answers

I propose to take Questions Nos. 603 and 606 together.

My Department is currently focused on updating the legislation underpinning marine planning decision making, giving cross-government priority to the drafting of the Marine Area Planning (MAP) Bill (formerly the Marine Planning and Development Bill). The MAP Bill seeks to establish in law a new regime for the maritime area which will replace existing State and development consent regimes, making the system straight-forward for applicants while retaining a strong emphasis on environmental assessment and public participation.

The MAP Bill will provide for an improved, centrally-led and planned approach to development of Offshore Renewable Energy (ORE) in Ireland’s maritime area in future. With regards to the location of ORE projects or proposals, the forthcoming National Marine Planning Framework (NMPF) will not set out spatial designations for future activities, including ORE. Arrangements are being made at present to include provisions in the Maritime Area Planning Bill to provide for a system of detailed forward planning, including spatial designations, for specified areas. In this way the Bill in itself does not set out a minimum distance offshore windfarms have to be located away from the coastline, rather it sets out the process through which decisions for site designation will be made.

With regards to the planning of ORE, the published Programme for Government has committed to achieving 5GW capacity in offshore wind by 2030 off Ireland’s Eastern and Southern coasts. In addition the Programme for Government commits to production of a longer term plan setting out how we will harness the potential of at least 30GW of offshore floating wind power in our deeper waters in the Atlantic. This level of ambition and pace of development is vital to achieve reliable supply of safe, secure and clean energy to facilitate the increased electrification of heat and transport. My Department also recognises that this must be planned and delivered in a way that protects the marine environment.

My Department, working with the Department of the Environment, Climate and Communications and other stakeholders, will develop statutory marine planning guidelines to support best practice throughout the planning process for offshore renewable energy, including the development of a specific visualisation assessment in relation to design and layout of proposed developments. These guidelines will, inter alia, provide that where a development consent is applied for in an area already subject to permission, proposals must include a visualisation assessment to inform design and layout. Visualisation assessments must demonstrate consultation with communities that may be able to view any future ORE development at a given site with the aim of minimising impact.

Visualisation assessments will be informed by specific emerging guidance but in absence of this, should include elements identified in related policy and good practice. The NMPF policy on Seascape and Landscape outlined on Page 81 of the draft NMPF provides further affirmation that impacts on Seascape and Landscape of any proposed marine development must be considered. This states:

‘’Proposals should demonstrate how the impacts of a development on the seascape and landscape of an area have been considered. The proposal will only be supported if they demonstrate that they will, in order of preference: (a) avoid, (b) minimise, or (c) mitigate significant adverse impacts on the seascape and landscape of the area. If it is not possible to mitigate significant adverse impacts, the public benefits for proceeding with the proposal that outweigh significant adverse impacts on the seascape and landscape of the area and its significance must be demonstrated.’’

To further specifically address visual impacts in relation to ORE, ORE Policy 9 of the draft NMPF states:

''A permission for ORE must be informed by inclusion of a visualisation assessment that supports conditions on any development in relation to design and layout. Where a development consent is applied for in an area already subject to permission, proposals must include a visualisation assessment to inform design and layout''

In relation to the wider importance of our Seascapes, the Marine Institute has recently published the draft Seascape Character Assessment for Ireland, which remained open for consultation until Friday, October 30th 2020. The public feedback gathered by my Department will inform Ireland's Seascape Character Assessment Report, which is a key technical study for Ireland's National Marine Planning Framework, and provide a baseline to better inform the planning and management of our seascapes. In turn, the Seascape Character Assessment Report will also inform the emerging Marine Planning guidance, which will be issued to ORE developers in due course.

Rights of Way

Questions (604)

Seán Sherlock

Question:

604. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the process by which local authorities and community groups can register right of way areas by the deadline of 30 November 2021; if he will provide funding for the legal costs that will occur from such acquisitions; if he will allow for a two year extension to take into consideration the effects of tourism on the country; and if he will make a statement on the matter. [13955/21]

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Written answers

There appears to be a misapprehension regarding the dates for registering rights of ways 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 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 the position:

1. The extension of the transitional period originally prescribed by Section 38(b) of the 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.

Water Services

Questions (605, 726, 727, 728, 729, 733)

Michael Healy-Rae

Question:

605. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if he will address a matter (details supplied) regarding the water sector; and if he will make a statement on the matter. [13974/21]

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Pauline Tully

Question:

726. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage his plans to honour the commitment made by his predecessor that the framework for future delivery of public water services would be arrived at by agreement; and if he will make a statement on the matter. [15703/21]

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Pauline Tully

Question:

727. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage if local authority staff will retain their public services status, security and terms and conditions if they are transferred to Irish Water; and if he will make a statement on the matter. [15704/21]

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Pauline Tully

Question:

728. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage his plans to ensure the retention of the public service status, security and terms and conditions of local authority staff if they are transferred to Irish Water; and if he will make a statement on the matter. [15705/21]

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Pauline Tully

Question:

729. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage his plans to ensure that local authority staff are not transferred to Irish Water without an agreed replacement to their current service level agreement which is accepted by the local authority staff and the unions representing them; and if he will make a statement on the matter. [15706/21]

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Holly Cairns

Question:

733. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on using section 19 of the Water Services (No. 2) Act 2013, which his predecessor decided not to invoke; and if he will make a statement on the matter. [15926/21]

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Written answers

I propose to take Questions Nos. 605, 726 to 729, inclusive, and 733 together.

The Programme for Government provides that the Government will retain Irish Water in public ownership as a national, standalone, regulated utility.

The realisation of this commitment will complete the broad policy and legislative reforms which have seen the public water system embark on a journey of transformation, from a structure based on locally-organised water services authorities, towards a single, national, water utility. This has been a complex and challenging process for key stakeholders, notably the workers, who include approximately 3,200 local authority water services staff who are subject to service level agreement arrangements with Irish Water as well as a smaller number of staff employed directly by Irish Water and Ervia, together with their trade union representatives, the local government sector, and Ervia/Irish Water.

In keeping with the Programme for Government commitment, the Government recently approved a Policy Paper entitled Irish Water - Towards a national, publicly-owned, regulated water services utility which is now available on my Department's website at https://www.gov.ie/en/publication/06326-water-sector-transformation-policy-paper/. The Policy Paper sets out the Government's expectations and views in relation to the next phase of the Water Sector Transformation Programme, including those matters raised in the questions.

By setting out its views and expectations in this way, the Government is enabling stakeholders to engage meaningfully in the change process which will give them the strongest possible say in determining their own future working arrangements. I have written to the Workplace Relations Commission on 3 March 2021 asking them to contact the parties to arrange to re-commence engagement on a Framework for the future delivery of water services. The Government believes it will be possible to reach a collective agreement which addresses the interests and concerns of all parties.

Question No. 606 answered with Question No. 603.

Housing Assistance Payment

Questions (607)

Mark Ward

Question:

607. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage if local authorities are permitted to block intercounty housing assistance payment applications as in the case of a person (details supplied); and if he will make a statement on the matter. [14000/21]

View answer

Written answers

Under the Housing Assistance Payment (HAP) scheme, tenants source their own accommodation in the private rented market. The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on household size and the rental market within the area concerned.

Guidelines on inter authority movement were issued to local authorities to facilitate the movement of HAP households from one local authority area to another in cases where a HAP tenant wishes to access rented accommodation, with HAP support, in another local authority area. Inter authority movement is, however, subject to certain conditions, such as the relevant Social Housing Income Eligibility Bands and confirmation that the applicant's income is below the threshold in the new local authority.

Given that such flexibility facilitates better utilisation of all private rental stock for social housing purposes and supports the maximum activation potential of HAP households by removing geographical barriers to employment, all local authorities have been requested to give appropriate consideration to these requests. It is the responsibility of the local authority to make a decision in each individual case.

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