Written Answers Nos. 562-583
562. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if the owners of properties in County Donegal which have suffered damage due to the MICA issue will be offered a health and safety inspection and or emergency accommodation if necessary while they are awaiting redress through the financial assistance scheme for the remediation of damaged dwellings due to defective concrete blocks in County Donegal. [30582/21]
View answerThe local authority has responsibility for the detailed administration of the Defective Concrete Blocks Grant scheme. This includes the assessment of applications for eligibility and payment of grants to successful applicants under the specific remediation option approved.
The scheme only opened for applications at the end of June 2020 and applications received to date are being processed by the respective counties. Affected homeowners should be encouraged to engage with the council on the scheme to ensure that in the first instance their property is eligible for stage 1 approval and that the correct remediation option is identified and implemented as expeditiously as possible.
The provision of health and safety inspections or emergency accommodation would be outside the scope of the scheme but local authorities do have powers under various legislative provisions in terms of the safety of buildings and places.
Engagement between my Department, the local authorities and local action groups in relation to the Scheme will continue. In this regard, I have proposed a timebound working group, with representatives from my Department, the local authorities and homeowner representative groups, to review and address any outstanding issues in relation to the operation of the Scheme, including issues such as grant caps, homeowner contributions, engineering and allowable costs etc. I propose that the recommendations of this working group will inform any changes or improvements to the scheme as may be required, which I will bring forward in conjunction with my Government colleagues, and in particular in consultation with the Minister for Public Expenditure and Reform and the Attorney General.
563. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if he has considered daily testing of bathing sites in circumstances in which there has been recurrent sewage and pollution issues such as in Kilkee, County Clare. [30614/21]
View answerMonitoring at Kilkee Beach shows that it has excellent water quality.
However, as a result of the recent increase in people swimming and beach users generally, I have tasked the Bathing Water Expert Group with examining potential increases to the frequency of bathing water monitoring and improving the dissemination of results to improve information for people swimming. I have also requested that the Expert Group consider the issues related to changing the bathing water season, taking into account the current review by the European Commission of the Bathing Water Directive.
The EPA as the environmental regulator makes sure that local authorities carry out their functions under the Bathing Water Regulations to monitor bathing waters, to warn of pollution events and to take action where there are water quality issues. The EPA share the latest information provided by local authorities with the public through www.beaches.ie. I would encourage all bathers to use the information on this dedicated website before going swimming, and to always follow the advice of the HSE and Department of Health in relation to social distancing protocols when at the beach.
The Bathing Water Regulations 2008 (as amended), transpose the requirements of the 2006 Bathing Water Directive (BWD) into national legislation. These regulations set the framework for the effective management of bathing waters around the country. The regulations also aim to improve health protection for bathers and ensure adequate information is disseminated in a timely manner during the bathing season.
Currently in Ireland there are almost 150 designated bathing waters identified by local authorities with the help of public consultation. The water quality in these areas is monitored during the bathing season. The regulations define the bathing season to mean the period from 1st June to 15th September in any calendar year and also set out the sampling and monitoring requirements for all designated bathing waters.
The bathing water report for 2020, published by the Environmental Protection Agency (EPA), states that 96% of bathing waters met or exceeded the minimum required standard. This is up from 95% in 2019 and improvements in bathing water quality are welcome and necessary.
564. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage the status of the inclusion and integration of County Clare into the defective block scheme available elsewhere on the west coast. [30617/21]
View answerMy Department received correspondence from Clare County Council in October 2020, requesting the extension of the Defective Concrete Blocks Grant scheme to County Clare. A comprehensive reply was subsequently issued to the Council in November 2020.
My Department informed the Council that before any extension of the scheme can be considered, the same rigorous analysis as that put in place prior to the rollout of the scheme to the counties of Donegal and Mayo would have to be undertaken. Following further discussions between my Department and Clare County Council it was agreed that the local authority would take a lead role in determining, in accordance with the IS: 465 protocol, that issues arising in homes in County Clare are in fact due to the presence of excessive amounts of deleterious materials (mica or pyrite) in the aggregate used to manufacture the concrete blocks and secondly quantify the likely extent of the problem in the county.
Such analysis will provide the evidential basis necessary for the consideration of any extension of the scheme. Pending the receipt of and consideration of such analysis it would be premature to consider an extension of the scheme.
565. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if he plans to reconcile the low HAP thresholds in County Clare with the increasing rents in the region such as in the case of a person (details supplied). [30619/21]
View answerIncreased rent limits for the Housing Assistance Payment (HAP) and the Rent Supplement Scheme were introduced in 2016. These limits were agreed in conjunction with the Department of Social Protection (DSP). In reviewing the rent limits, my Department worked closely with DSP and monitored data gathered from the Residential Tenancies Board and the HAP Shared Services Centre. The HAP rent limits were increased significantly, in the order of 60% in some cases.
Maximum rent limits for the HAP scheme are set out for each housing authority area by the Housing Assistance Payment (Amendment) Regulations 2017. The current maximum HAP rent limits are available on the Irish Statute Book website at the following link:
www.irishstatutebook.ie/eli/2017/si/56/made/en/print?q=housing&years=2017 .
Local authorities also have discretion, because of local rental market conditions, to exceed the maximum rent limit by up to 20%, or up to 50% in the Dublin region for those households either in, or at immediate risk of homelessness. It should be noted that it is a matter for the local authority to determine whether the application of the flexibility is warranted on a case by case basis and also the level of additional discretion applied in each case.
In considering this issue, I am conscious that increasing the current HAP rent limits could have negative inflationary impacts, leading to a detrimental impact on the wider rental market, including for those households who are not receiving HAP support.
In order to qualify for HAP, a household must first be assessed as eligible for social housing support. Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
If a household meets the eligibility and need criteria, it qualifies for the suite of social housing supports, including HAP, and is placed on the housing list to be considered for the allocation of suitable tenancies in accordance with the authority’s allocation scheme.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.
Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Additional Superannuation Contribution. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature. However, with the exception of the specific payments listed in the Household Means Policy as being disregarded, all income from social insurance and social assistance payments, allowances and benefits, including Working Family Payment is assessable.
The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10% and separately a 2.5% allowance for each child.
The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced in 2011 also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing.
Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.
However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. The review will have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.
566. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if the inspections of houses that are in a contractual agreement with a local authority have been resumed such as in the case of a person (details supplied); and if he will make a statement on the matter. [30620/21]
View answerThe minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019. All landlords have a legal obligation to ensure that their rented properties comply with these Regulations. Responsibility for enforcement of the Regulations rests with the relevant local authority.
Given the need for inspectors to enter tenants’ homes, Covid-19 pandemic restrictions have impacted on the inspection of all rented dwellings. The City and County Management Association’s Local Authority Resilience and Recovery Plan for Living with Covid-19 (October 2020) and its subsequent Local Authority Services Frameworks for Future Covid-19 Pandemic Response (January and May 2021) do not currently permit rental inspections. This is in order to protect tenants, landlords and rental inspectors. The City and County Management Association is currently reviewing the situation.
In response to the difficulties caused by pandemic restrictions, some local authorities have been piloting virtual inspections. Dublin City Council have led this initiative which entails landlords receiving a checklist for self-assessment and being required to submit photographic/video evidence by email, tenants being invited to raise any non-compliance issues they are aware of and being asked to confirm that any remedial works requested by the local authority have been completed, and the Council reserving the right to conduct a physical on-site inspection when it is safe to so.
While virtual inspection systems present certain challenges and limitations, they do offer a way of improving the standard of rental accommodation despite the pandemic. I support these initiatives and my Department is encouraging local authorities not involved in the pilots to consider adopting them. I have committed to providing Exchequer funding for those that do. Clare County Council have expressed an interest in piloting virtual inspections.
Being a social housing leasing tenant offers security as the scheme's operation ensures that in the event that a tenant's current leased accommodation becomes unavailable (through no fault of the tenant); it remains the responsibility of the local authority to find alternative accommodation for the tenant's household either in another property leased by the local authority or a local authority property.
Where a lease is due to expire, the local authority can avail of the option to renew a lease but it remains the owner's decision whether to renew the lease or to sell the property.
567. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the social housing supports that are in place for a person who had to leave the family home due to domestic violence (details supplied); and if he will make a statement on the matter. [30621/21]
View answerResponsibility 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.
A protocol to assist victims of domestic violence has been established between the Department of Social Protection and Tusla on a pilot basis. Under this protocol, a victim of domestic violence can apply for Rent Supplement on referral by Tusla or by Tusla-funded service providers. The pilot scheme has been extended until the end of this year and more information is available at www.gov.ie/en/publication/5704d-access-to-rent-supplement-for-victims-of-domestic-violence/ .
In terms of social housing, in 2017, my Department issued policy and procedural guidance to local 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 in the sector, highlighting where they can be of greatest assistance to their clients, covering a range of scenarios that may arise for victims of domestic violence currently in receipt of social housing support and those seeking social housing supports. These include provisions whereby a household may transfer out of their existing tenancy and into a new tenancy agreement with the local authority or they may access an independent tenancy in the private rented sector utilising the various housing supports offered by the State.
Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
To qualify for social housing support a household must meet all of the eligibility criteria, which primarily relate to income, availability of alternative accommodation and previous rent arrears.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The Policy sets out what income should be assessed as part of net income, what deductions can be made and what income is not assessable for the purpose of a social housing assessment. The Policy also provides for a range of income disregards, and local authorities have discretion to decide to disregard income that is temporary, short-term or once-off in nature.
Where a household is deemed to meet the eligibility criteria, only then is its housing need assessed under the criteria in Regulation 23 of the 2011 Regulations, having regard to its current accommodation.
If a household meets the eligibility and need criteria, it qualifies for the suite of social housing supports, including HAP, and is placed on the housing list to be considered for the allocation of suitable tenancies in accordance with the authority’s allocation scheme.
Under section 20 of the Housing (Miscellaneous Provisions) Act 2009 and Regulation 22(1) of the Social Housing Assessment Regulations 2011, a household is ineligible for social housing support if a member owns alternative accommodation, to the household’s current accommodation, that is suitable for the household to live in. Regulation 22(2) of the 2011 Regulations provides that this ineligibility does not apply where an applicant for social housing support owns accommodation that is occupied by his or her spouse, from whom he or she is formally separated or divorced. Under the enactment, a deed of separation is sufficient to set aside this ineligibility ground and it is not necessary to await judicial separation or divorce to get a decision on social housing support in these cases. The rationale for this exception is that the terms of a formal separation or divorce will provide for the future ownership and occupation of the family home and it will be clear whether the household that has left the family home can return to live there.
In order to provide more flexibility to housing authorities to deal with cases where the ownership of the family home had not yet been finalised, the Housing (Miscellaneous Provisions) Act 2014 amended section 20 of the 2009 Act. Housing authorities may now provide such households with social housing support under the Rental Accommodation Scheme or the Housing Assistance Payment scheme until ownership of the family home is resolved in a formal separation or divorce settlement.
The 2014 Act amendment provides that support in these circumstances will be reviewed by the housing authority at prescribed intervals and the household will not be able to transfer to other forms of social housing support while ownership of the family home remains to be determined. However, where the household ultimately qualifies for the full range of social housing supports, the length of time the household was supported under RAS or HAP will be reckonable for the purposes of determining the household’s relative priority for a transfer to local authority social housing.
Decisions on the qualification of specific persons for social housing support and the allocation of that support are a matter solely for the local authority concerned. Each application must be considered on its own merits and the individual circumstances taken into account.
568. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Local Government and Heritage if he will consider placing a conservation order on the former home of Thomas Clarke at 31 Richmond Avenue, Dublin given that it is a building of national importance. [30631/21]
View answerI am aware of concerns in relation to the matter raised, however, I understand it is currently the subject of legal proceedings and I am therefore precluded from further comment on it.
With regard to the safeguarding of protected structures, Part IV of the Planning and Development Act 2000 gives primary responsibility to local authorities to identify and protect architectural heritage by including particular structures on their respective Records of Protected Structures (RPS). I understand that Dublin City Council has included the building in question on their RPS. Such inclusion on the RPS places a duty of care on the owners or occupiers of the protected structure and also gives planning authorities powers to deal with any development proposals affecting it.
569. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage the amount due to each local authority in respect of arrears which are currently due from residential tenancies; and if he will make a statement on the matter. [30640/21]
View answerThe right of local authorities to set and collect rents on their dwellings is laid down in section 58 of the Housing Act 1966. The setting and collecting of rents and the management of arrears are executive functions and are subject to broad principles set out by the Department.
Information on rent accrued, rent collected and arrears is contained in the Annual Financial Statement prepared by each local authority and this data is summarised in the annual report of the Overview of the Work of the Local Government Audit Service. The most recent of these reports relates to 2019 and the information on rents is contained in Appendix 13 on pages 90-91 of the Overview of the Work of the Local Government Audit Service for the Year ended 31 December 2019 available at www.gov.ie/en/publication/ea801-overview-of-the-work-of-the-local-government-audit-service-year-ended-31-december-2019/.
570. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if a copy of the briefing notes and recommendations provided to him by his Department and the National Parks and Wildlife Service towards informing his view on the implementation of the Wild Birds Derogations for the period 1 May 2021 to 30 April 2022 will be made available. [30641/21]
View answerMy officials will make arrangements to contact the Deputy directly to furnish the relevant documentation in respect of the Wild Bird Declarations for the period 1 May 2021 to 30 April 2022.
571. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he is satisfied that the annual State wide derogation declaration that he signed on 30 April 2021 is compliant with the EU Birds Directive; and if so, if he will provide the legal advice that he relied upon. [30642/21]
View answerThe annual State wide Wild Birds Declaration that I signed on 30th April 2021 is compliant with the EU Birds Directive. Legal advice is subject to legal privilege.
572. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if he plans to amend the legislation regarding the standard for testing of concrete blocks used by National Standards Authority of Ireland; and if he will make a statement on the matter. [30643/21]
View answer573. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the details of the way that non-conforming products are removed from the market place by the National Standards Authority of Ireland; if he plans to amend the powers of the Authority to ensure that defective products do not end up on the market; and if he will make a statement on the matter. [30644/21]
View answer616. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the regulations that are currently in place to ensure that manufacturers here do not allow deleterious minerals such as pyrite or MICA to be present in the constituent aggregate of concrete blocks; the person or body that is responsible for enforcing these regulations; and if he is satisfied that they are enforcing same. [31417/21]
View answerI propose to take Questions Nos. 572, 573 and 616 together.
The Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.
In relation to the concrete blocks, the relevant suite of harmonised standard facilitating specification of masonry units is the EN 771 (series). ‘I.S. EN 771-3:2011+A1:2015’ deals with aggregate concrete masonry units. In this regard, National Standards Authority of Ireland (NSAI) has published additional guidance in the form of ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ which sets out appropriate minimum performance levels for specific intended uses of, inter alia , EN 771(series) in Ireland.
In respect of aggregates for concrete, NSAI has published ‘S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for concrete’ which outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production, including the requirement for independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).
The manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.
Whilst the CPR focuses on the conditions which apply when placing a product on the market, clients, specifiers, designers and builders etc., should:
when drawing up specifications, refer to the harmonised technical specifications and specifically to the requirements of individual characteristics when necessary,
when choosing the products most suitable for their intended use in construction works, review the manufacturer’s Declaration of Performance,
check National Annexes or Standard Recommendations published by NSAI, which give guidance on appropriate minimum performance levels for specific intended uses of the product in Ireland, and
ensure compliance with the Building Regulations 1997 to 2019, in this regard all works should be carried out 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.
The NSAI is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI is not an enforcement body for the purposes of the marketing rules applicable for construction products.
While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Chapter III of Regulation (EU) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/9.
Under the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 2013) , each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.
In addition, the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020 (S.I. 682 of 2020) appointed Dublin City Council as a competent authority for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis. Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit has recently been established for this purpose. DCC-NBCO may be contacted at: support@nbco.gov.ie. Building control authorities will liaise with DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.
Market surveillance activity should enable non-compliant products to be identified and kept or taken off the market with unscrupulous and/or criminal economic operators prosecuted and penalised for their actions. In this context, it is important to note that the overarching objective of a market surveillance authority is to ensure that compliant products are placed on the market. Where non-compliance is identified, market surveillance activities should be designed to encourage economic operators to take appropriate corrective actions to redress the position within a reasonable period of time.
Market surveillance authorities have significant powers including to obtain access to the place of manufacture or storage, request technical information, select samples of the construction product and carry out evaluations, examination or tests on such samples. Where construction products are placed on the market which do not comply with the requirements set out in the CPR, market surveillance authorities have powers to direct the relevant economic operator to take the necessary corrective actions to bring the product into compliance. Where this does not work, there are further procedures that may result in the product being withdrawn or recalled from the market, its use subject to special conditions, or the products availability on the market being prohibited or restricted.
Pursuant to Article 18(5) of Regulation (EC) 765/2008, Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR.
Separately, Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 which establishes an EU wide framework for market surveillance, will come into force in 2021.This strengthens the existing provisions in the Construction Products Regulation (and other Union harmonisation legislation), relating to the compliance of products, the framework for cooperation with organisations representing economic operators or end users, the market surveillance of products and controls on products entering the EU market.
574. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if he will address a matter raised in correspondence (details supplied) in relation to water services; and if he will make a statement on the matter. [30672/21]
View answerThe Deputy refers to the Government's Policy Paper "Irish Water - Towards a National, Publicly-Owned Regulated, Water Services Utility. The Government is clear in its policy position that the public water system run by Irish Water should remain in public ownership. The Programme for Government specifically provides that the Government will retain Irish Water in public ownership as a national, stand-alone, 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 setting out its views and expectations in relation to the next phase of the Water Sector Transformation Programme 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. On this basis the Workplace Relations Commission is currently re-commencing engagement between the stakeholders 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.
575. Deputy Joe O'Brien asked the Minister for Housing, Local Government and Heritage his plans to review the defective block scheme specific to counties Mayo and Donegal; and if consideration will be given to co-operation with the SEAI to ensure that windows and doors that need replacing are energy efficient and affordable for the impacted homeowners. [30687/21]
View answerThe remedial options provided for under the Defective Concrete Blocks Grant scheme constitute a material alteration to an existing building. Any works that are beyond the requirements of the current building regulations for existing dwellings, or any works that are not required for or ancillary to the remediation of damage to the dwelling arising out of, or in connection with, the use of defective concrete blocks in its construction, while not prohibited, do not qualify for grant assistance under the scheme. In this context, energy upgrades beyond the requirements of the current building regulations for existing dwellings, do not qualify for grant assistance under the scheme.
Similarly, in line with Government policy on waste prevention and value for money considerations, the reuse, recovery and recycling of materials, is encouraged where possible. Costs associated with the unnecessary replacement of items such as windows, doors, kitchen units etc, do not qualify for grant assistance under this scheme.
My Department is engaged in ongoing dialogue with Department of Environment, Climate and Communications, and SEAI, to provide clarity on whether eligible homeowners can access SEAI grant funding while also availing of the Defective Concrete Blocks Grant scheme. There is no barrier to qualifying applicants engaging with SEAI to avail of any funding they may qualify for under the suite of schemes administered by that authority.
Engagement between my Department, the local authorities and local action groups on the scheme and these matters will continue. In this regard, I have proposed a timebound working group, with representatives from my Department, the local authorities and homeowner representative groups, to review and address any outstanding issues in relation to the operation of the Scheme, including issues such as grant caps, homeowner contributions, engineering and allowable costs, SEAI grants etc. I propose that the recommendations of this working group will inform any changes or improvements to the scheme as may be required, which I will bring forward in conjunction with my Government colleagues, and in particular in consultation with the Minister for Public Expenditure and Reform and the Attorney General.
576. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage when the hen harrier threat response plan will be published; the reason for the long delay in the publication of the plan; and if he will make a statement on the matter. [30689/21]
View answerThe final meetings of the inter-departmental group to review the draft Hen Harrier Threat Response Plan took place recently. Revisions have been made to the draft Plan to reflect the outcome of these meetings and it will be published shortly.
The process has taken longer than expected due to the requisite widespread consultation with stakeholders and the complexity of the issues to be addressed.
The draft Plan, when published, will require Strategic Environmental Assessment to be carried out before a final version of the Plan is made available.
In the interim the EIP Hen Harrier Project operated by the Department of Agriculture has been extremely effective and has been availed of by high numbers of farmers.
578. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the funding provided to local authorities in each of the years 2016 to 2020 and to date in 2021 to deal with the issue of dereliction in tabular form. [30704/21]
View answerAside from providing for the derelict sites levy - the proceeds of which are retained by local authorities - and associated provisions, the Derelict Sites Act 1990 does not address the issue of funding for local authorities to address dereliction. The proportion of the overall annual budget of each local authority which is spent on addressing dereliction is a matter for each local authority and is unavailable in my Department. This information may be available from individual local authorities.
579. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of full-time equivalent derelict sites inspectors by local authority in tabular form. [30705/21]
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.
My Department oversees workforce planning for the local government sector, including the monitoring of local government sector employment levels. To this end, my Department gathers aggregate quarterly data on staff numbers in each local authority on a whole time equivalent basis.
However, granular data, in terms of the detailed breakdown of the number of full-time equivalent derelict sites inspectors employed by local authorities, is not collected and consequently is not available in my Department. The relevant information would be available on request from individual local authorities.
580. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the levies applied by each local authority on derelict sites in 2020, in tabular form. [30706/21]
View answerMy Department collects statistics relating to the Derelicts Sites Act 1990 on an annual basis in Q3 of the following year. Therefore the information requested in respect of 2020 is not yet available. The latest available statistics in this regard relate to 2019 and these are set out in the following table.
|
Local Authority |
Amount levied 2019 |
|
Carlow |
€ 18,300.00 |
|
Cavan |
€ - |
|
Clare |
€ - |
|
Cork County |
€ 37,765.00 |
|
Cork City |
€ 629,700.00 |
|
Donegal |
€ - |
|
Dublin City |
€ 444,029.00 |
|
Dun Laoghaire Rathdown |
€ 201,108.00 |
|
Fingal |
€ - |
|
Galway City |
€ 123,900.00 |
|
Galway County |
€ - |
|
Kerry |
€ 49,290.00 |
|
Kildare |
€ 25,763.00 |
|
Kilkenny |
€ 5,250.00 |
|
Laois |
€ - |
|
Leitrim |
€ - |
|
Limerick City & County |
€ 127,680.00 |
|
Longford |
€ - |
|
Louth |
€ 2,325.00 |
|
Mayo |
€ 1,000.00 |
|
Meath |
€ 78,821.00 |
|
Monaghan |
€ - |
|
Offaly |
€ 3,335.00 |
|
Roscommon |
€ - |
|
Sligo |
€ - |
|
South Dublin |
€ 45,000.00 |
|
Tipperary |
€ 40,568.00 |
|
Waterford City & County |
€ - |
|
Westmeath |
€ 101,550.00 |
|
Wexford |
€ 103,410.00 |
|
Wicklow |
€ 42,000.00 |
|
Total |
€ 2,080,794.00 |
581. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if there is a legislative requirement for a site to have been on the derelict sites register for two years before it can be compulsorily purchased. [30707/21]
View answerLocal authorities have been provided with a number of powers and measures to deal with the issue of derelict properties, both in larger urban conglomerations and in smaller rural towns and villages. There also exists a framework of overarching policy and capital funding which provides support to development, including urban regeneration.
The Derelict Sites Act 1990 (the Act) imposes a general duty on every owner and occupier of land to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. The Act also imposes a duty on local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site.
Local authority powers include requiring owners or occupiers to take appropriate measures on derelict sites, acquiring derelict sites by agreement, or compulsorily, and applying a derelict sites levy on derelict sites. It is a matter for local authorities to determine the most appropriate use of the legislation within their respective functional areas.
Under the Act, local authorities are required to maintain a derelict sites register, which includes the name and address of each owner and occupier, where these can be ascertained by reasonable enquiry, of any land which, in the opinion of the local authority, is a derelict site. Under section 8(5) of the Act, a copy of the derelict sites register for any local authority can be inspected at the offices of that authority during office hours. Members of the public can engage with their local authority in relation to addressing individual derelict sites in their local areas.
Should a local authority decide to acquire a site on the register by compulsory purchase, an objection can be made by the person served by the order, and the matter will be ultimately decided by An Bord Pleanála.
There is no minimum prescribed timeline under the Act that a site must be on the derelict sites register before a local authority can initiate the compulsory purchase procedures in respect of any site. As indicated, it is a matter for the relevant local authority to determine the most appropriate use of the legislative provisions in carrying out its functions under the Act.
582. Deputy Thomas Gould asked the Minister for Housing; Local Government and Heritage the funding provided in 2019 and 2020, respectively for the compulsory purchase of sites by local authority in tabular form. [30708/21]
View answerThe funding of sites that local authorities acquire, whether through compulsory purchase or otherwise, is related to the purpose for which the local authority uses the site. For example, my Department provides full funding to local authorities for sites that are used for social housing developments, while other Departments will support sites used for programmes that they support in line with the functions of the local authority. Accordingly, the proportion of the overall annual budget provided by my Department to each local authority which is spent on compulsory acquisition is not available from my Department but may be available from individual local authorities.
Local authorities are empowered under a number of statutes to acquire land, by agreement or compulsorily, for the purposes of performing any of its functions, including the acquisition of derelict sites situated within their functional area under the provisions of the Derelict Sites Act 1990. In this connection, the exercise of compulsory purchase powers to acquire land is a matter for local authorities and is subject to confirmation by An Bord Pleanála through the appropriate statutory procedure.
My Department encourages local authorities to be proactive in utilising their legislative powers for compulsory purchase, where necessary, with the aim of bringing the greatest number of recoverable long term vacant dwellings and sites back into use. In many cases, however, the use of compulsory purchase powers is not necessary, as agreement to purchase can be reached between the local authority and the property owner.
583. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if he has given approval to a society (details supplied) for the purchase of 13 houses at Laurelville, Mill Road, Corbally, County Clare. [30711/21]
View answerApproved Housing Bodies (AHBs) are making an important contribution to social housing delivery, as envisaged under current Government policy. My Department operates a number of funding programmes that assist local authorities to work in partnership with AHBs to construct, purchase and lease new homes and make them available for social housing. One such programme that AHBs progress projects through is the Capital Advance Leasing Facility (CALF).
CALF funding is capital support provided to AHBs by local authorities to facilitate the funding of construction, acquisition or refurbishment of new social housing units. This loan facility can support up to 30% of the eligible capital cost of the housing project, with the housing units provided to local authorities for social housing use under long-term lease arrangements known as Payment and Availability Agreements. A nominal interest rate of 2% fixed per annum is charged by the local authority on the initial capital amount. Repayments on either the capital or interest are not required during the term of the loan (between 10 and 30 years). At the end of the term, the outstanding capital amount plus the interest accrued, is owed and repayable to the local authority. The local authority issues the CALF monies to the AHB and the local authority, in turn, recoups same from my Department.
Regarding the location and AHB mentioned by the Deputy, there is a housing project comprising 13 high-quality homes for social housing use, that are being progressed by Clúid Housing, working in partnership with Limerick City and County Council, who have confirmed a social housing need for 3 and 4 bedroom homes in this area.
My Department issued a CALF approval for this Turnkey Project in January 2021. This project will deliver in two tranches, over Q4 2021 and Q1 2022. As with all projects in the current COVID-19 climate, delivery programmes and timelines are under constant review.
Turnkeys are, in the main, homes built by developers under contract for local authorities or AHBs. Turnkeys commonly provide a faster delivery of units (in the majority of cases, planning permission is already secured). In many instances, turnkey delivery has provided a means of delivery in locations where there is a social housing need but where a local authority has no suitable sites. Turnkeys purchased by local authorities or AHBs frequently have arisen where the developer has difficulty in financing the development and without the local authority or AHBs purchase, the scheme would not otherwise have been delivered. These homes are directly expanding overall housing supply because they are new homes built for the local authority or AHBs.
