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Tuesday, 15 Jun 2021

Written Answers Nos. 606-627

Departmental Bodies

Questions (606)

Darren O'Rourke

Question:

606. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the number of staff employed at the National Biodiversity Data Centre by rank; and if he will make a statement on the matter. [31253/21]

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Written answers

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

European Court of Justice

Questions (607)

Claire Kerrane

Question:

607. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage when a resolution of the 2008 Court of Justice of the European Union ruling in a case (details supplied) is expected; the reason there has not been a public consultation held on the substitute consent application; and if he will make a statement on the matter. [31261/21]

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Written answers

On 12 November 2019, the Court of Justice of the European Union issued its judgment in case C-261/18, which followed on from the judgment in case C-215/06 relating to the Derrybrien Wind Farm in County Galway.

The 2019 judgment ruled against Ireland and imposed a lump sum fine of €5m and a daily fine of €15,000 until compliance is achieved, plus legal costs. The court judgment will be complied with when the Derrybrien Wind Farm, which is owned and operated by a subsidiary of ESB, is subjected to a retrospective Environmental Impact Assessment (EIA) - otherwise known as substitute consent.

Therefore, it would be a matter for An Bord Pleanála (the Board), in terms of issuing a decision on the substitute consent application, as well as for ESB, in terms of carrying out any associated works which might be required to comply with the Board’s decision.

Further to the above, I am specifically precluded by section 30 of the Planning and Development Act 2000, as amended, from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.

Of note, the Board has confirmed that ESB submitted a substitute consent application to the Board with respect to the Derrybrien Wind Farm on 21 August 2020.

The Board has also confirmed that a public consultation on the substitute consent application was held during September 2020 and that six submissions were received. However the substitute consent process remains ongoing. In this regard the Board is not in a position to give an indication of when the case will be determined.

Planning Issues

Questions (608, 612, 629)

Réada Cronin

Question:

608. Deputy Réada Cronin asked the Minister for Housing, Local Government and Heritage if information will be provided on 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; if information will be provided on 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. [31276/21]

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Catherine Murphy

Question:

612. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the status of a review of siting and size conditions for rooftop solar panels on homes and a review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if he will provide information on the stated need to consider environmental assessment reporting before finalisation; and when the interim planning regulations will be submitted to the Houses of the Oireachtas. [31377/21]

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James Lawless

Question:

629. Deputy James Lawless asked the Minister for Housing, Local Government and Heritage if he will provide information on his Department's review 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; if he will provide information on 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. [31753/21]

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Written answers

I propose to take Questions Nos. 608, 612 and 629 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 on prescribed development - subject to certain siting and size conditions - without the need to obtain planning permission, to facilitate the 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 has been 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.

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 has consulted with the Irish Aviation Authority on this matter, and has developed draft interim regulations in this regard.

These draft regulations have now been reviewed under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC, and it has been determined that they are likely to have significant effects on the environment, necessitating the undertaking of a full SEA on the draft proposals, which will include public consultation as part of the process. This process is expected to take between four and five months to complete.

Following the public consultation and consideration of any submissions received, and as required under planning legislation, the 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 and the SEA process concluded.

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 in Q4 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.

Work on the development of the aviation safeguarding maps for airports and aerodromes is expected to be completed by Q4 2021. The final supplementary set of regulations will be prepared thereafter and, subject to environmental reporting considerations, will subsequently be laid in draft form before the Houses of the Oireachtas for approval in a timely manner.

Departmental Websites

Questions (609)

Holly Cairns

Question:

609. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the way in which his Department and agencies under his remit are meeting the requirement to have a statement on the compliance of their websites and mobile applications with the regulations under the directive 2016/2102 (EU), as articulated in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020; and if he will make a statement on the matter. [31286/21]

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Written answers

My Department is actively in the process of adjusting websites to meet the needs of its users. Websites will be scanned and/or checked to meet the principles set out in the Website Content Accessibility Guidelines (WCAG) Version 2.1 at AA level. This is an ongoing process as content changes. Along with scanning and implementation of WCAG guidelines, each site shall also be accompanied with an “Accessibility Statement”.

Compliance will be incorporated as part of all procurement undertaken in respect of Website and Application support and development.

My Department does not maintain the requested information in respect of the State bodies under its aegis. These State bodies may be contacted directly by e-mail by members of the Oireachtas as set out in the attached table.

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Departmental Websites

Questions (610)

Holly Cairns

Question:

610. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the way in which his Department and agencies under his remit are meeting the requirement to subject to Regulation 6, public sector bodies shall, in accordance with Regulation 3, take necessary measures to make their websites and mobile applications more accessible by making them perceivable, operable, understandable and robust under the directive 2016/2102 (EU), as articulated in SI No. 358/2020 - European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020; and if he will make a statement on the matter. [31304/21]

View answer

Written answers

My Department has a large number of websites, many of which are going through upgrading and redesign. This process is part of a wider approach to website management within my Department.

My Department is developing an accessibility strategy and key elements are already in progress. As new websites and applications come online, a greater emphasis is being put into design that enables the user to access a range of technologies and assistive services.

Other work is being undertaken to ensure older websites become more compliant, through redesign or removal if no longer relevant.

Accessibility has been and it will continue to be incorporated as part of all procurement undertaken in respect of Website and application support and development.

My Department does not hold the requested information in respect of bodies under its aegis. These bodies may be contacted directly by e-mail by members of the Oireachtas at the email addresses set out in the table attached.

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Electoral Process

Questions (611)

Holly Cairns

Question:

611. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on reducing the voting age for local and European elections to 16 years of age; and if he will make a statement on the matter. [31329/21]

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Written answers

The Programme for Government contains a broad range of electoral reforms including a commitment to establish an independent, statutory Electoral Commission by the end of 2021. The Programme also contains a specific commitment to "Examine the Scottish experience of reducing the voting age to 17, in order to draw conclusions" within the lifetime of the current Dáil.

In December 2020, the Government approved the General Scheme of an Electoral Reform Bill which, inter alia, provides for the establishment of the proposed Electoral Commission. The General Scheme was published in January 2021 and is available on my Department's website at the following link www.gov.ie/en/publication/34cf6-general-scheme-of-the-electoral-reform-bill-2020/. The Joint Oireachtas Committee on Housing, Local Government and Heritage is currently carrying out pre-legislative scrutiny on the General Scheme.

It is intended that one of the Electoral Commission's initial functions will be to conduct research on electoral policies and procedures with a view to providing advice to the Oireachtas and to the Minister for Housing, Local Government and Heritage as may be required from time to time. Following its establishment, the Electoral Commission will be well placed, if requested, to examine, among other matters, the prospect of reducing the age at which a person would be entitled to vote at elections and referendums held in the State having particular regard to the experience in Scotland as well as in other countries where a reduction in the voting age has taken place.

Question No. 612 answered with Question No. 608.

Wildlife Protection

Questions (613)

Louise O'Reilly

Question:

613. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he will provide a copy of the briefing notes and any recommendations provided to him by his Department and the National Parks and Wildlife Service towards informing his opinion as declared and signed by him for the implementation of the wild birds derogations for the period 1 May 2020 to 30 April 2021. [31384/21]

View answer

Written answers

My 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.

Defective Building Materials

Questions (614)

Pádraig Mac Lochlainn

Question:

614. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if his Department has consulted with the Health and Safety Authority to establish its role in liaising with Donegal County Council or Mayo County Council on the safety of families living in private or public homes affected by mica or pyrite defective concrete blocks. [31415/21]

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Written answers

The Health and Safety Authority has overall responsibility for the administration and enforcement of health and safety in the workplace.

My Department has not consulted with this Agency in relation to domestic dwellings located in the counties of Donegal and Mayo which have been affected by the use of defective concrete blocks.

Local authorities have powers available to them under various legislative provisions in respect of the safety of structures and places.

Defective Building Materials

Questions (615)

Pádraig Mac Lochlainn

Question:

615. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage when the review will be completed of the submission received from a group (details supplied) in County Donegal in April 2021 and its proposals acted upon. [31416/21]

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Written answers

During a meeting with the MICA action group held virtually on the 4th of February the Group offered to provide to my Department information relating to dwelling sizes affected and the implementation of the scheme for those homeowners in larger sized dwellings and my Department received a submission in relation to this on 29th April.

In parallel, officials from my Department are actively engaging with Donegal County Council who administer the scheme and are awaiting full details in relation to the dwellings that have been deemed eligible for demolition and rebuild at stage 2.

Both sets of information will need to be reviewed together.

With regard to the scheme, the aim is to help in so far as possible to reinstate an average sized dwelling to the condition it would have been in had the original block work not been affected by pyrite/mica. Mindful that the scheme is being funded from the Exchequer its scope cannot be open ended and expenditure and value for money have to be carefully managed. The funding available must be used prudently to achieve the most efficient and cost effective outcomes, while benefitting as many homeowners as possible.

Engagement between my Department, the local authorities and local action groups will continue on this matter. 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 Defective Concrete Block Grant 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.

Question No. 616 answered with Question No. 572.

Forestry Sector

Questions (617)

Jennifer Whitmore

Question:

617. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the details with regard to woodland management plans (details supplied) in County Wicklow; and if he will make a statement on the matter. [31428/21]

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Written answers

The records the Deputy is requesting relate to a period of 16 years. As such, they would be voluminous and it would be resource intensive and neither a feasible nor effective use of those resources. In addition, it is not practical to identify and collate the entirety of the document cache in the time available.

Financial Services

Questions (618)

Brendan Griffin

Question:

618. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 272 of 17 November 2020, if a strict time limit will be applied on financial institutions to complete mortgage to rent applications given some applicants have been waiting three years for a decision from their mortgage provider as in the case of persons (details supplied); if he will take steps in relation to the case to avoid further distress and worry to the family; and if he will make a statement on the matter. [31429/21]

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Written answers

The Mortgage to Rent (MTR) scheme provides for an Approved Housing Body (AHB) or since 2018 a private company, Home for Life, to acquire ownership of a property with an unsustainable private mortgage from a lender, which also enables the household to remain in their home as a social housing tenant. The scheme is an established part of the overall suite of social housing options and an important part of the mortgage arrears resolution process. The household must be eligible for social housing and the property must meet the appropriate standards for social housing.

To the end of March 2021, 1179 households with unsustainable private mortgages have completed the MTR scheme since its introduction nationally in 2013. The 1179 households in the scheme represent 1970 adults and 1699 children who have remained living in their homes and communities. There are currently 1079 active cases being progressed under the scheme.

Given the nature of the individual property transaction underpinning MTR, the decision to purchase a property under the MTR scheme is a matter for the MTR provider concerned which can be either an AHB or Home for Life. I can neither compel a lender to sell a property at a particular price nor compel an AHB or Home for Life to purchase a property at a particular price. In relation to the specific case raised, I understand that a sale price has yet to be agreed between the lender and Home for Life.

While the Housing Agency as administrators of the scheme on my Department's behalf make every effort to encourage stakeholders to meet their individual timelines set out within the MTR process, cases will arise where agreeing a sale price between a lender and a MTR provider may become protracted. Where a sale price cannot be agreed, the case will be terminated.

Where a MTR application is active, it is important that the borrower continues to engage with their lender on their application and it is the lender who is the point of contact for the borrower throughout the MTR process.

A review of the MTR scheme undertaken in 2017 introduced a range of improvements to the eligibility criteria and its administration. In order to increase awareness and understanding of the scheme a new website, www.mortgagetorent.ie, was developed. In addition, new structures and arrangements were put in place to encourage a greater number of entities to take part in the scheme. As a result of the improvements implemented, an upward trend in case completions has been evident since 2018.

Building on the significant improvements already made to the scheme since 2017 and in line with the commitment in the Programme for Government to strengthen the scheme and ensure that it is helping those who need it, my Department is currently working closely with the Housing Agency to identify any further improvements required to the scheme.

Question No. 619 answered with Question No. 560.

Local Authorities

Questions (620, 621)

Éamon Ó Cuív

Question:

620. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if it is planned to reform the way central government supports local government as a result of the decision to allow local authorities to retain 100% of the revenue from the local property tax; if the new funding mechanism for local authorities will contain open, fair and transparent measures to allocate funding to those authorities that will need funding; and if he will make a statement on the matter. [31472/21]

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Éamon Ó Cuív

Question:

621. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if he will be seeking extra funding to fund local authorities in 2022 in view of the recent decisions on the retention by local authorities to the full amount of the local property tax they collect; and if he will make a statement on the matter. [31473/21]

View answer

Written answers

I propose to take Questions Nos. 620 and 621 together.

The funding system for local authorities is complex, with authorities deriving their income from a variety of sources including commercial rates, charges for goods and services and funding from Central Government. The Government remains committed to ensuring that the local government sector retains a sustainable and stable source of funding from Local Property Tax (LPT), distributed to local authorities via the Local Government Fund, to support the delivery of local authority services.

Local retention of LPT began in 2015 and since then the overall principles and allocation methodology have broadly remained the same. 80% of LPT is retained in the area it is collected, with the other 20% supporting equalisation for local authorities with LPT bases lower than their funding baseline.

The Programme for Government 'Our Shared Future', commits to bringing forward LPT reforms. These reforms will involve bringing new homes, which are currently exempt from LPT, into the taxation system as well as providing for all money collected locally to be retained within the county. This will also be done on the basis that those counties with a lower LPT base are adjusted via an annual national equalisation fund paid from the Exchequer, as is currently the case.

My colleague, the Minister for Finance, recently published the Heads of the Finance (Local Property Tax) (Amendment) Bill 2021. The Bill will give effect to a package of measures in line with the Programme for Government to address the future of the LPT. Minister Donohue also signalled the Government’s intent to move to 100% local retention from 2023. Any changes to the allocation process may be considered in that context.

The funding for all local authorities will be kept under review as part of the normal Estimates process and in the context of the aforementioned LPT revaluation process.

Question No. 621 answered with Question No. 620.

Departmental Strategies

Questions (622)

Pauline Tully

Question:

622. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage the timeframe for the publication of the National Housing Strategy for People with Disabilities 2022-2027; and if he will make a statement on the matter. [31527/21]

View answer

Written answers

A new strategy to replace the National Housing Strategy for People with a Disability 2016-2021 is currently under development for the period 2022-2027. The first round of consultation on the new strategy was held in April 2021 and a second round of consultation will be held in the Autumn. The new Strategy is expected to be in place by 31 December 2021.

Housing Provision

Questions (623, 624)

Pauline Tully

Question:

623. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage the estimated additional cost of increasing the funding to the capital assistance scheme by 5%, 10% and 25% respectively; and if he will make a statement on the matter. [31528/21]

View answer

Pauline Tully

Question:

624. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage the estimated number of additional housing units that would be delivered if the funding to the capital assistance scheme was increased by 5%, 10% and 25% respectively; and if he will make a statement on the matter. [31529/21]

View answer

Written answers

I propose to take Questions Nos. 623 and 624 together.

Under my Department’s Capital Assistance Scheme (CAS), capital funding of up to 100% of project costs may be advanced by local authorities to Approved Housing Bodies to provide housing for specific categories of housing need including older people, persons/families who are homeless and people with a disability.

Funding available under CAS for 2021 is €96 million with a delivery target of 400 units of accommodation. Accordingly, increasing funding and delivery targets by 5%, 10% and 25% respectively, would cost an additional €4.8 million, €9.6 million and €24 million respectively while delivery targets would increase to 420, 440 and 500 units respectively.

Question No. 624 answered with Question No. 623.

Grant Payments

Questions (625, 626)

Pauline Tully

Question:

625. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage the estimated additional cost of increasing the funding to the housing adaptation grant for people with a disability by 5%, 10% and 25% respectively; and if he will make a statement on the matter. [31530/21]

View answer

Pauline Tully

Question:

626. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage the estimated additional cost of increasing the funding to the mobility aids grant scheme by 5%, 10% and 25% respectively; and if he will make a statement on the matter. [31531/21]

View answer

Written answers

I propose to take Questions Nos. 625 and 626 together.

My Department provides funding under the suite of Housing Adaptation Grants for Older People and People with a Disability, in respect of private houses. There are three separate grants available, including the Housing Adaptation Grant for People with a Disability, the Mobility Aids Grant and Housing Aid for Older People grant. Funding of €75 million is available for the three grant schemes in 2021, made up of €60 million Exchequer funding, with the balance of €15 million being contributed by the local authorities. The responsibility for the apportionment between each grant scheme is a matter for each local authority, and any increase in funding would have to be considered in the context of the full suite of grants.

Increasing funding by 5% would cost an additional €3 million to the Exchequer, with a further €0.75 million to be contributed by the local authorities, an increase of 10% would cost an additional €6 million to the Exchequer, with a further €1.5 million to be contributed by the local authorities, while an increase of 25% would cost an additional €15 million to the Exchequer, with a further €3.75 million to be contributed by the local authorities.

As part of the annual budgetary process, consideration will be given to this funding in future years in line with the Programme for Government commitments and the Policy Statement on Housing Options for Our Ageing Population, which is available on my Department's website at the following link:

www.gov.ie/en/publication/ea33c1-housing-options-for-our-ageing-population-policy-statement/.

Question No. 626 answered with Question No. 625.

Property Registration

Questions (627)

Michael Ring

Question:

627. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage when a dealing in the Land Registry (details supplied) will be processed in view of the fact that this dealing is ongoing for a number of years; and if he will make a statement on the matter. [31544/21]

View answer

Written answers

In relation to any specific cases with the Property Registration Authority (PRA), arrangements have been put in place to facilitate the provision of information directly to members of the Oireachtas. Further information in relation to the specific case referred to may be obtained by contacting the dedicated e-mail address in respect of the PRA at reps@prai.ie.

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