Written Answers Nos. 708-732
708. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the number of villages and towns in Ireland that do not have municipal wastewater systems by county; the steps he plans to take to deal with this issue; and if he will make a statement on the matter. [15369/21]
View answerMy Department does not compile information in the manner sought in the question. However, the issue of wastewater infrastructure in villages/settlements not serviced by Irish Water is a matter my Department is considering. I have instructed the relevant officials in my Department to prepare a report on this topic at national level. This will include a baseline survey of all rural local authorities to establish the numbers, size, national distribution and other environmental impacts for villages/settlements that do not have waste water collection and treatment infrastructure provided by Irish Water. I will be in a position to provide further update once I have received this report.
709. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the estimated number of individual houses served by private wastewater systems by county; the action being taken to ensure that these are not a cause of pollution; the number of inspections carried out on them in each year since 2013; and if he will make a statement on the matter. [15370/21]
View answerThe number of individual houses served by domestic waste water treatment systems can be found in the 2016 Census reports available at www.cso.ie/en/census/census2016reports/.
Under the Water Services Acts 2007 (as amended) and 2012 (Domestic Waste Water Treatment Systems) Regulations 2012, the owner of a domestic waste water treatment system is responsible for its maintenance and renewal and shall ensure that its parts and components are fit for purpose, operational where appropriate and kept in good order and repair so as to prevent a risk to human health or environment.
Section 70K of the Water Services Act 2007 (as amended) requires the Environmental Protection Agency (EPA) to prepare a national inspection plan with regard to the inspection and monitoring of domestic waste water treatment systems, and authorises the water authorities to implement the plan including arranging for inspections.
My Department provides financial support to eligible homeowners towards the remediation, repair, or upgrading works to, or replacement of, domestic waste water treatment systems where an Advisory Notice has issued on foot of an inspection under the EPA’s National Inspection Plan.
Furthermore, to support the attainment of water quality objectives in “prioritised areas for action and “high status objective catchment areas” as identified in the River Basin Management Plan for Ireland 2018-2021, financial support is available to eligible homeowners towards the remediation, repair, or upgrading works to, or replacement of, domestic waste water treatment systems.
The EPA publishes an annual report on inspections and enforcement and details on the number of inspections carried out can be found on the EPA's website at the following link: https://www.epa.ie/water/wastewater/nip/.
710. Deputy Kathleen Funchion asked the Minister for Housing, Local Government and Heritage when the senior social work post will be filled in Kilkenny local authorities (details supplied). [15375/21]
View answerUnder section 159 of the Local Government Act 2001, 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.
712. Deputy Seán Haughey asked the Minister for Housing, Local Government and Heritage if his Department has received reports in recent years regarding the discovery of taprogge balls on Dollymount beach, Clontarf and on other Irish beaches which originated from the Hartlepool nuclear power station; if his attention has been drawn to the fact that these taprogge balls have become imbedded in sand dunes; if measures will be taken to prevent this problem occurring in the future; and if he will make a statement on the matter. [15459/21]
View answerMy Department has not received any report of taprogge balls found on Dollymount beach, Clontarf or other Irish beaches in recent years although it is aware of the reports that appeared in the press last weekend. These reports indicated that the individual who found them reported the matter to the relevant local authority and the Environmental Protection Agency. This is the correct thing to do if you find items on the beach and are concerned they may be harmful to human health or the environment.
My Department leads the implementation of a programme of measures, as required by the Marine Strategy Framework Directive (MSFD), to maintain or achieve good environmental status in our marine environment across a range of criteria, including marine litter. It incorporates waste and litter control measures, education and awareness raising measures, and coastal clean up actions. A formal review of Ireland's MSFD Programme of Measures will be commenced later this year.
713. Deputy Eoghan Murphy asked the Minister for Housing, Local Government and Heritage his plans to engage with local authorities on the reduction or removal of the so-called sunshine tax for hospitality businesses. [15472/21]
View answerThis question relates to the licensing of street furniture and other appliances on public roads and footpaths as provided for under section 254 of the Planning and Development Act 2000, as amended (the Act), and the supplementary Planning and Development Regulations 2001, as amended (the Regulations). Article 201 of the Regulations outlines the various apparatus and structures that come under the ambit of the section 254 provisions and includes the provision of tables and chairs outside a hotel, restaurant, public house, or other establishment where food is sold for consumption on the premises. The licence fee payable to the relevant local authority for the provision of such apparatus on public roads and footpaths is set out in Part 1(h) of Schedule 12 of the Regulations at €125 per table.
In light of the impact of the Covid-19 pandemic on the hospitality and restaurant sector, my Department is engaging with the County and City Management Association (CCMA) regarding the application of the street furniture licensing fees in 2021. This is being considered in the context of general support for business activity in urban centres, once current restrictions are eased while also having regard to relevant public health, health and safety and other related protocols.
714. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage the proposed timeline for the construction defects working group; if funding will be made available for low-cost loans for construction defects; and if he will make a statement on the matter. [15498/21]
View answer723. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the status of the working group on latent defects; the membership of the group; the terms of reference of same; the number of meetings held to date; if he expects the group to conclude its work by June 2021; and if he expects its recommendations to inform measures to support homeowners living with latent defects in budget 2022. [15668/21]
View answerI propose to take Questions Nos. 714 and 723 together.
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 defects in 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 finalise the structures to examine the issue of defects in housing 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. The Chair will oversee the effective implementation of the group’s terms of reference which are currently being finalised.
In addition, I brought a Memorandum for the Information of the Government to Cabinet recently to note the establishment of a working group with the appropriate expertise to examine the issue of defects in housing. The membership of the working group includes representatives, with relevant expertise and experience, from Engineers Ireland, the Royal Institute of the Architects of Ireland, the Society of Chartered Surveyors of Ireland, the Public Sector, the Local Authority Sector, the Legal Sector, the Department of Finance, Construction Defects Alliance and Apartment Owners Network. It is intended to hold the inaugural plenary working group meeting later this month.
In regard to the working group’s deliberations, the group will seek to engage with a range of interested parties, including homeowners, public representatives, local authorities, product manufacturers, building professionals and industry stakeholders, among others to examine the issue of defects in housing and report to me on the matter.
715. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage the funding mechanisms available for low-cost loans for multi-unit development older builds, that is, pre-1980; and if he will make a statement on the matter. [15499/21]
View answerThis Department operates the Rebuilding Ireland Home Loan, which is targeted at first time buyers who wish to own their own home, have access to an adequate deposit and have the capacity to repay a mortgage, but who are unable to access a mortgage sufficient for them to purchase their first home.
To be eligible for a Rebuilding Ireland Home Loan you must:
- be a first-time buyer;
- be aged between 18 and 70 years;
- be in continuous employment for a minimum of two years, as the primary earner or be in continuous employment for a minimum of one year, as a secondary earner
- have an annual gross income of not more than €50,000 as a single applicant or not more than €75,000 combined as joint applicants;
With a Rebuilding Ireland Home Loan you can borrow up to 90% of the market value of a residential property. Maximum market values of the property that can be purchased or self-built are:
- €320,000 in the counties Cork, Dublin, Galway, Kildare, Louth, Meath and Wicklow,
and
- €250,000 in the rest of the country.
This limits the amount that can be borrowed to no more than €288,000 in the counties Cork, Dublin, Galway, Kildare, Louth, Meath and Wicklow and no more than €225,000 in the rest of the country.
Eligibility is subject to submission of a complete Rebuilding Ireland Home Loan application form and confirmation by your local authority.
The final decision on loan approval is a matter for the relevant local authority and its credit committee on a case-by-case basis. Decisions on all housing loan applications must be made in accordance with the Regulations establishing the scheme and the credit policy that underpins the scheme, in order to ensure prudence and consistency in approaches in the best interests of both borrowers and the lending local authorities.
Further information on the scheme is available on the dedicated website www.rebuildingirelandhomeloan.ie.
Applicants may use the scheme for properties which are not new build so there is nothing preventing someone from using the scheme to purchase older builds once the property meets the scheme's criteria.
716. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage when the assessment of the application from Louth County Council to his Department for funding for the Drogheda port access northern cross route under the urban regeneration and development fund was completed by the project assessment board; the marks awarded by the board; if there was a further review or oversight by officials in his Department subsequently until the date of the public announcement of the outcome of this application; and if he will make a statement on the matter. [15520/21]
View answerThe primary focus of Call 2 of the Urban Regeneration and Development Fund (URDF) is on supporting projects that will contribute to compact growth and that will improve the liveability of our cities and towns. In total, my Department received 76 project proposals (with a total URDF ask in excess of €2bn) with every local authority submitting at least one proposal. Because of the nature of the URDF programme, many proposals were of significant scale, cost and complexity, and so each required detailed consideration. All applications were assessed in terms of their alignment with the intended purpose of the URDF and also their viability before being considered for approval.
The assessment process involved four distinct parts: -
- An initial assessment of all proposals carried out by my Department was provided to a Project Advisory Board (PAB) comprised of civil servants, specialists in the various relevant sectoral areas and representatives from other interested Government Departments/Agencies.
- The PAB considered each proposal in terms of the set URDF assessment criteria and made recommendations on suitability for consideration for URDF support.
- The PAB recommendations were reviewed by a sub-group of the Department's Management Board.
- Final recommendations were submitted for my consideration.
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.
717. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage his views on a matter in relation to a funding and delivery solution for public sector projects raised in correspondence (details supplied); and if he will make a statement on the matter. [15535/21]
View answerI understand that following direct correspondence to my Department a meeting is taking place between Departmental officials and the company on 25 March.
718. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if he will provide reassurance to owners of private turf banks and those with turbary rights that they will be permitted to continue to cut turf; and if he will make a statement on the matter. [15545/21]
View answerIreland, like all EU Member States, is bound by the requirements of the Habitats Directive and the Birds Directive. These Directives aim to ensure the protection of habitats and species which have been selected for conservation within special areas of conservation and special protection areas. Ireland's approach is to recognise the traditional right to cut turf for domestic purposes, while balancing this with our obligations under the Habitats Directive. This balanced approach is based on a respect for and understanding of that tradition and has been carefully nurtured to build trust and work with stakeholders to save the natural heritage of Ireland's bogs.
In that context, the National Peatlands Strategy recognises that domestic turf cutters have a traditional right to cut turf for their own use and that this right is balanced with the conservation objectives for designated bogs and the legal obligations on the State.
719. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the actions being taken to preserve rare bird species including the corncrake, curlew, red grouse and grey partridge; and if he will make a statement on the matter. [15551/21]
View answerMy Department is responsible for the implementation of the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011, both of which underpin the legislative and policy framework for the protection and conservation of our natural heritage. In particular, the 2011 Regulations transpose two key pieces of EU nature legislation: the Habitats Directive and the Birds Directive.
Under Article 12 of the Birds Directive, Member States are required to report to the EU Commission on the implementation of national provisions taken under this Directive. In 2019, as part of this reporting obligation, Ireland submitted 209 season specific assessments, including assessments for all of Ireland’s regularly occurring breeding species and a large proportion of those species’ populations that occur here during the non-breeding period.
A range of conservation measures have been put in place in an attempt to halt and reverse population declines for threatened bird species. The following examples are targeted at particular bird species but are likely have positive benefits for other species and habitats.
The Corncrake LIFE project is a five year EU LIFE funded project which aims to improve the conservation status of corncrake through enhancement of the SPA network and surrounding farmland. Initially delayed due to COVID-19, the project is now operational in counties Mayo, Galway and Donegal. My Department continues to operate a Corncrake Grant Scheme, now in tandem with the new LIFE project, to promote meadow management that benefits corncrakes.
The NPWS Curlew Conservation Programme continues to bolster conservation efforts for threatened breeding Curlew, with teams undertaking habitat management and community engagement in core areas. Further innovations for Curlew conservation are being developed by the Curlew Project, one of the European Innovation Partnership (EIP) projects funded by the Department of Agriculture, Food and the Marine. Another EIP project, the Sustainable Uplands Agri-environment Scheme (SUAS) is a pilot project which aims to address the agricultural, environmental and socioeconomic issues associated with upland farming in the Wicklow/Dublin uplands. Its work on uplands management includes actions which will benefit the Red Grouse.
The National Parks and Wildlife Service (NPWS) in my Department manage Nature Reserves such as in the Slieve Blooms to target upland species including the grouse.
The NPWS operate a Farm Plan Scheme that supports landowners to deliver actions that benefit habitats and species in biodiversity areas of European and Irish importance. This includes conservation measures on priority farmland areas to benefit breeding waders, Chough, threatened passerines such as Whinchat, and various wintering geese and swans. A significant funding increase in 2021 means the Scheme can be expanded from around 100 to 300 farm plans and I launched a call for applications to the Scheme last Friday.
The NPWS liaise with DAFM for the design and targeting of more widespread national agri-environment measures on farmland, which includes measures for: Curlew; breeding waders more generally; wintering geese and swans; and threatened species including Twite, Grey Partridge and Hen Harrier.
NPWS also run a Grey Partridge conservation programme based primarily at Boora, Co. Offaly, which also delivers benefits for breeding Lapwing and other ground-nesting birds such as Skylark.
720. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage his plans to establish a body to replace the Wildlife Advisory Council; and if he will make a statement on the matter. [15552/21]
View answerThe legal basis for the Wildlife Advisory Council was contained in the Wildlife Act 1976. The relevant section, Section 13 (Wildlife Advisory Council), of the Act was repealed by Section 4 of the Heritage Act 1995. The Wildlife Advisory Council Order, 1978 (S.I No.79 of 1978) made under Section 13 then ceased to have effect on repeal of the section.
The Heritage Act 1995 established the Heritage Council and following its establishment, references to the Wildlife Advisory Council, as well as the National Monuments Advisory Council and the Historic Monuments Council, in any enactment or instrument made thereunder shall, where appropriate, be construed as references to the Council.
The functions of the Heritage Council include the proposal of policies and priorities for the identification, protection, preservation and enhancement of the national heritage, including monuments, archaeological objects, heritage objects, architectural heritage, flora, fauna, wildlife habitats, landscapes, seascapes, wrecks, geology, heritage gardens and parks and inland waterways.
I have no plans at this time to establish another body to carry out these functions.
721. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage when the wildlife crime unit will be established; and if he will make a statement on the matter. [15553/21]
View answerWhile exact plans for the establishment of the unit have not been published I envisage that this will happen over the summer.
722. Deputy Paul Donnelly asked the Minister for Housing, Local Government and Heritage if he will examine a rent increase in the case of a person (details supplied); and the options available. [15557/21]
View answerUnder the 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.
Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit to secure appropriate accommodation for a household that requires it, or up to 50% in the case of homeless households in the Dublin region. It is a matter for the local authority to determine, on a case by case basis, whether, and to what extent, the application of the flexibility is warranted.
While there is no legislative provision precluding HAP supported households contributing towards the monthly rent required by the landlord, local authorities have a responsibility to ensure that tenancies are sustainable and that households in HAP are in a position to meet the rental costs involved.
All households in receipt of HAP pay a differential rent based on the rent scheme set by the relevant local authority. The right of local authorities to set and collect rents on their dwellings is set out in section 58 of the Housing Act 1966. The making or amending of such schemes is an executive function and is subject to broad principles laid down by my Department including that; the rent payable should be related to income and a smaller proportion of income should be required from low income households; and that provision should be included for the acceptance of a lower rent than that required under the terms of the scheme in exceptional cases where payment of the normal rent would give rise to hardship.
Local discretion and flexibility are inherent in the devolved function of administering rent schemes. Decisions regarding the increase or decrease in the rent charged to tenants of local authorities are matters for individual local authorities in accordance with the relevant differential rent scheme.
In relation to the case raised, the day-to-day operation of the HAP scheme is a matter for the relevant local authority and I am precluded by legislation from becoming involved in individual cases.
724. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the status of the implementation of the recommendations of the Expert Group on Traveller Accommodation providing a specific update on each recommendation; and if he plans to bring forward legislation to address the issues of Part 8 planning applications and section 183 land disposals as recommended by the group. [15669/21]
View answerOn the matter of the recommendations in the Traveller Accommodation Expert Review Report, there are 32 recommendations which can be broken down into 4 categories which are aimed at:
- addressing research deficiencies, including how information is gathered and used;
- removing any potential delays and obstacles in the planning system in terms of delivery;
- increasing resources and delivery capacity; and
- strengthening governance arrangements.
The recommendations have been categorised into separate streams reflecting recommendations that can be completed within my Department, recommendations that require the assistance of other Government Departments and Agencies and recommendations that will require the commission of further independent research.
Prior to the establishment of a Programme Board to drive implementation of recommendations from the expert group Report, my Department has been progressing a number of recommendations and consulting with and reporting on progress to the National Traveller Accommodation Consultative Committee. For example, a review has been concluded of the arrangements for the disbursement of funding for the provision and refurbishment of Traveller specific accommodation and a new process implemented for the 2020 allocation of funding.
The Programme Board has now been established and it will meet shortly to agree terms of reference and its work programme.
725. Deputy Chris Andrews asked the Minister for Housing, Local Government and Heritage the rights envisaged in relation to the section in the Programme for Government on long-term letting rights for tenants; and when they will be in place. [15692/21]
View answerThe Programme for Government - 'Our Shared Future', commits to improve the security of tenure for tenants, through legislating for tenancies of indefinite duration, increasing Residential Tenancies Board enforcement and examining incentives for long-term leasing.
Proposals for further amendments to the Residential Tenancies Acts are currently being developed, for inclusion in the General Scheme of the Housing and Residential Tenancies Bill which is expected to be submitted for Government approval in the coming months for approval to proceed to legal drafting. It is expected that the Bill will be enacted by the end of 2021. Long-term letting rights for tenants are being considered in this context.
730. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 73 of 11 March 2021, if he will address matters (details supplied) regarding HAP; and if he will make a statement on the matter. [15724/21]
View answerTenants in the Housing Assistance Payment (HAP) scheme are required to sign a rent contribution agreement to pay a weekly rental contribution to the relevant local authority, in line with the local authority’s differential rent scheme. As set out in the rent contribution agreement, this weekly rental contribution must be paid by them so that they remain eligible for the HAP scheme.
HAP tenants in arrears should contact their local authority and the HAP Shared Services Centre (SSC). HAP SSC manage the collection of all HAP tenant’s differential rents and follow a clear communication policy if rental arrears issues arise. The HAPSSC policy includes regular and early written communication with tenants, landlords and the relevant local authority.
HAP SSC will discuss all options that are available, one of which includes a payment plan, to ensure the continuation of their HAP support. In the vast majority of cases a payment plan to deal with the arrears is agreed between the tenant and the local authority / HAPSSC, before there is any necessity to advise the landlord.
During the period of Covid restrictions all possible steps have been taken to protect those households in HAP tenancies and ensure landlords continue to be paid under the scheme, including extended time frames introduced into the Debt Management Process to assist HAP tenants in clearing their arrears over a longer period of time.
731. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage the steps his Department has taken or the assistance that is available to those residents of apartment complexes who have experienced issues with their balconies only to discover that redress from the builder or developer is statute-barred and they have to foot enormous costs personally through their management companies; and if he will make a statement on the matter. [15750/21]
View answerFirstly, I would like to acknowledge the very stressful circumstances which owners and residents face when their homes are affected by construction defects.
In general, building defects are matters for resolution between the contracting parties involved, the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme.
Under the Building Control Acts 1990 to 2020 primary responsibility for compliance of works with the requirements of the Building Regulations, rests with the owners, designers and builders of buildings.
Enforcement of the Building Regulations is a matter for the 31 local building control authorities who have extensive powers of inspection and enforcement under the Acts and who are independent in the use of their statutory powers, subject to a statute of limitation of 5 years from the date of completion of the building or the construction works.
Under the Multi-Unit Developments Act 2011, which is under the remit of the Minister for Justice, the owner management company must establish a scheme for annual service charges and a sinking fund for spending on refurbishment, improvement or maintenance of a non-recurring nature of the multi-unit development.
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 defects in 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 finalise the structures to examine the issue of defects in housing in line with the commitment in the Programme for Government.
Separately, in regard to the specific issue of balcony defects, under Sections 2 and 3 of the Local Government (Sanitary Services) Act 1964, a local authority has powers in relation to dangerous structures.
I would encourage anyone who has concerns with regard to the structural safety of their property to engage the services of a construction professional without delay. It is also advisable to bring any safety concerns to the attention of the relevant local authority, who can provide information and advice in the matter.
