Written Answers Nos. 205-224
205. Deputy Michael McNamara asked the Minister for Finance if a vehicle purchased by an organisation (details supplied) to transport persons to medical appointments and hospitals and so on will be included in the exemptions from VRT and VAT available to ambulances; and if he will make a statement on the matter. [35449/21]
View answerI am informed by Revenue that Statutory Instrument No. 353 of 1994, Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1992, provides for relief from Vehicle Registration Tax (VRT), Value Added Tax (VAT) and Motor Tax where a vehicle has been specially constructed or adapted for use by a passenger with disabilities and where the VRT and VAT has been paid by the passenger with disabilities, or by a family member residing with and responsible for the transportation of that passenger with disabilities, or by a registered charity engaged in the transport of persons who have Primary Medical Certificates (PMCs) whose purpose is to provide services to persons with disabilities. A person must have certain severe and permanent physical disabilities to obtain a PMC. The vehicle must be specially constructed or adapted to carry the PMC holder.
In addition, Statutory Instrument No. 635 of 2015, Disabled Drivers and Disabled Passengers Fuel Grant Regulations 2015, provides for a grant in respect of the fuel used in transporting a passenger with disabilities.
More details of the tax reliefs and the grant are available on the Revenue website.
Separately, the Deputy will be aware that – separate to the tax code – since 2018 there is a grant scheme under which charitable organisations can apply for a payment from an annual €5m grant fund, based on the level of VAT costs that they have incurred, and based on the proportion of their funding which comes from non-public sources. Claims can be submitted annually by charities that are registered with the Revenue Commissioners, hold a charitable tax exemption (CHY) under s207 Taxes Consolidation Act (TCA) 1997, and are registered with the Charities Regulatory Authority (CRA). Additionally, they must hold a Tax Clearance Certificate and be in possession of a set of audited accounts for a financial year which ends no earlier than in the calendar year to which the claim relates.
206. Deputy Cian O'Callaghan asked the Minister for Finance if he will extend the employment wage subsidy scheme for aviation workers until the return of widespread air travel and incomes of workers in the sector recover; and if he will make a statement on the matter. [35589/21]
View answerI am aware of concerns that have been raised regarding the pace of recovery for the aviation sector. As an economy wide support, the Employment Wage Subsidy Scheme has the objective of supporting all employment and maintaining the link between the employer and employee insofar as is possible. The EWSS is open to all businesses, including those in the aviation sector, provided the business meets the requisite conditions of the scheme. The EWSS provides a flat-rate subsidy to qualifying employers based on the numbers of paid and eligible employees on the employer’s payroll and charges a reduced rate of employer PRSI of 0.5% on wages paid which are eligible for the subsidy payment.
The EWSS has been a key component of the Government’s response to the continued Covid-19 crisis to support viable firms and encourage employment in the midst of these very challenging times. To date, payments of over €3.61 billion and PRSI credit of over €590 million have been granted to 50,100 employers in respect of some 592,000 workers.
I have been clear that there will be no cliff-edge to the EWSS and, as the Deputy will be aware from announcements made on Tuesday 1st June, it has been decided that the scheme is now to be extended until the end of December 2021.
With the agreement by Government on the revised plan, COVID-19 Resilience and Recovery 2021: The Path Ahead, a cautious and measured approach will be taken as we lay the foundations for the full recovery of social life, public services and the economy. It is therefore appropriate that key business supports should remain in place until the end of December 2021.
As the revised plan is implemented, the EWSS will play an important role in getting people back to work as public health restrictions are eased, thereby reducing the numbers dependent on social welfare payments over time, including the Pandemic Unemployment Payment (PUP).
For Q3 2021, the Government has decided to broadly maintain the status quo for EWSS, including the enhanced rates of support, with a modification to widen eligibility, and maintaining the reduced rate of Employers’ PRSI of 0.5%.
The Government has approved the extension of the EWSS for Q4 2021, however, it is considered too early as yet to prescribe the precise operational parameters of the scheme that should apply for that quarter. Decisions in that regard will be taken closer to the time, possibly around the end of August/early September, with the benefit of more up-to-date information on a number of variables, including the overall epidemiological situation, progress made in reopening all sectors of the economy, the vaccine efficacy, as well as the operation of the EWSS during the early parts of Q3. As such, no decisions have yet been taken on any changes to the scheme for Q4 2021.
It is important that, as the recovery gains further momentum, supports are further recalibrated in the longer-term interests of businesses that are in receipt of those supports and in the interests of the wider body of taxpayers. As such and as already signalled, for Q4, consideration will be given to a future change to EWSS which will require an employer contribution towards employee wages. This possible change is being signalled now to provide sufficient notice to businesses in respect of same. Such a move, if it were to be introduced, could have the effect of testing the viability of businesses to the extent that they would be required to make a contribution against the background of a reduced overall subsidy from the State under the EWSS.
No decisions have been taken as yet as regards the EWSS beyond December 2021.
Finally, for those businesses who may need additional support during this period, I would draw attention to the comprehensive package of other business and employer supports that have been made available since the July Stimulus Plan and Budget 2021 - including the Covid Restriction Support Scheme (CRSS) which has been extended, the Credit Guarantee Scheme, the SBCI Working Capital Scheme, Sustaining Enterprise Fund, and the Covid-19 Business Loans Scheme. I also announced on 1st June a new additional business support scheme (Business Resumption Support Scheme or BRSS) for businesses with reduced turnover as a result of public health restrictions to be implemented in September 2021.
The Government remains fully committed to supporting businesses and employers insofar as is possible at this time.
207. Deputy Ged Nash asked the Minister for Finance if his attention has been drawn to the fact that some travel agents have been advised by the Revenue Commissioners that under the reopening of non-essential retail that they no longer qualify for the Covid restrictions support scheme despite not being able to trade due to non-essential travel (details supplied); his plans to address this anomaly; if it will be ensured that travel agents under such circumstances will remain eligible for the scheme; and if he will make a statement on the matter. [35596/21]
View answerThe Covid Restrictions Support Scheme (CRSS) is a targeted support for businesses significantly impacted by restrictions introduced by the Government under public health regulations to combat the effects of the Covid-19 pandemic. The support is available to companies, self-employed individuals and partnerships who carry on a trade or trading activities, the profits from which are chargeable to tax under Case I of Schedule D, from a business premises located in a region subject to restrictions introduced in line with the Living with Covid-19 Plan.
Details of CRSS were published in Finance Act 2020 and detailed operational guidelines, which are based on the terms and conditions of the scheme as set out in the legislation, have been published on the Revenue website.
The CRSS applies to businesses carrying on trading activities from a business premises located in a region subject to restrictions, which requires the business to prohibit or considerably restrict customers from accessing their business premises and as a result, is operating at less than 25% of turnover in 2019.
It is not sufficient that the trade of a business has been impacted because of a reduction in customer demand as a consequence of Covid-19. The scheme only applies where, as a direct result of the specific terms of the Government restrictions, the business is required to either prohibit or significantly restrict access to its business premises. This means that in the case of a travel agent that operates from a business premises, they may qualify for support under the scheme provided they meet all the eligibility criteria, including the requirement that customers are either prohibited, or significantly restricted, from accessing their business premises under the public health regulations.
As non-essential retail, including travel agent businesses, were permitted to open from 17 May 2021, they are no longer subject to Covid restrictions which would require them to prohibit or significantly restrict customers from accessing their business premises. Therefore, from that date, they ceased to qualify for support under the CRSS. However, subject to meeting the relevant criteria, a business such as a travel agent business, reopening after a period of restrictions, may claim a “restart week payment” under the CRSS scheme to assist it with the costs of reopening.
For businesses reopening between 29 April 2021 and 1 June 2021, an “enhanced restart week payment” may be claimed, which is computed at double the normal weekly CRSS rate, for two weeks, subject to a maximum weekly amount payable of €5,000.
On 1 June, I announced that an additional business support scheme, the Business Resumption Support Scheme (BRSS), would be available for businesses whose turnover in the period from 1 September 2020 to 31 August 2021 is reduced by 75% compared with their 2019 turnover. To qualify under the scheme, a business must carry on a trade or trading activities, the profits from which are chargeable to tax under Case I of Schedule D. The BRSS will come into operation from early September. Under the scheme, a qualifying business will be able to claim a cash payment calculated as three times the sum of 10% of their average weekly turnover up to €20,000 and 5% on any excess of average weekly turnover above €20,000, subject to a maximum payment under the scheme of €15,000.
Companies and self-employed individuals may be entitled to support under other measures put in place by Government, including the COVID Pandemic Unemployment Payment (PUP) and the Employment Wage Subsidy Scheme (EWSS). Businesses may also be eligible to warehouse VAT and PAYE (Employer) debts and also excess payments received by employers under the Temporary Wage Subsidy Scheme, and the balance of Income Tax for 2019 and Preliminary Tax for 2020 for self-assessed taxpayers if applicable.
The Government will continue to assess the effects of the Covid-19 pandemic on the economy and I will continue to work with my Ministerial colleagues to ensure that appropriate supports are in place to mitigate these effects.
208. Deputy Róisín Shortall asked the Minister for Finance the volume of SBCI lending to SMEs through the retail banks for each of the years 2015 to 2020, by financial institution in tabular form; and if he will make a statement on the matter. [35600/21]
View answerThe purpose of the SBCI is to deliver effective financial supports to Irish SMEs to address gaps and potential failures in the Irish SME finance market as well as encouraging competition and innovation and facilitating the efficient and effective use of EU resources and financial instruments. The SBCI achieves this through the provision of low-cost liquidity and risk-sharing guarantee activities that support the provision of appropriately priced, flexible funding to Irish SMEs.
Instead of lending directly to SMEs, the SBCI operates through partner finance providers, known as on-lenders. SBCI has informed me that it has provided funding to a mixture of both banks and non-bank finance providers and currently has 11 on-lenders, 6 bank and 5 non-bank finance providers:
- AIB
- Bank of Ireland
- Ulster Bank
- KBC Bank
- Close Brothers Commercial Finance
- Permanent TSB
- Finance Ireland Limited
- Capitalflow
- SME Finance & Leasing Solution DAC
- Bibby Financial Services Ireland
- FEXCO Asset Finance.
Guarantee Schemes are operated by the SBCI on behalf of the Department of Enterprise, Trade and Employment and Department of Agriculture, Food and the Marine. Under such schemes, loan facilities are made available through finance providers utilising their own funds at interest rates below the market rate: the SBCI is not providing funding.
With regard to the COVID-19 Credit Guarantee Scheme, which it implements on behalf of the Department of Enterprise, Trade and Employment and the Department of Agriculture, Food and the Marine, SBCI facilitates the participation of a range of non-bank lenders in addition to the banks, as follows:
- Metamo Credit Unions
- Credit Union Development Association
- Linked Finance
- Irish League of Credit Unions
- Invoicefair
Additionally, in 2018, the SBCI had a further non-bank finance provider as an on-lender, First Citizen Agri Finance. This facility was closed in October 2018 following First Citizen Agri Finance raising commercial funding.
The Future Growth Loan Scheme (FGLS), the SBCI COVID-19 Working Capital Scheme (WCS) and the Brexit Loan Scheme (BLS) are all underpinned by counter-guarantees to the SBCI by the European Investment Fund (EIF). The SBCI, along with the EIF is providing the guarantee required to underpin the flexibility and lower the cost of the loans.
The Covid-19 Credit Guarantee Scheme (CCGS) operating under the Credit Guarantee Act 2012 (as amended) is based on contingent liability.
Please see the following table of liquidity funding and guarantees provided by the SBCI to its on-lenders since March 2015, to date.
Chronological Table of SBCI Funds and Guarantees Committed to On-Lenders
|
Date |
On Lender |
Liquidity (Funds) |
Risk Sharing (Guarantees Provided) |
Name of Scheme |
|
Dec-14 |
Bank of Ireland |
€200m |
||
|
Feb-15 |
Allied Irish Bank |
€200m |
||
|
Oct-15 |
Finance Ireland |
€51m |
||
|
Nov-15 |
Merrion Fleet |
€25m* |
||
|
Nov-15 |
Allied Irish Bank |
€200m |
||
|
Dec-15 |
Ulster Bank |
€75m |
||
|
May-16 |
First Citizen Agri Finance |
€40m** |
||
|
Jun-16 |
Bibby Financial Services Ireland |
€45m |
||
|
Nov-16 |
Fexco Asset Finance |
€70m |
||
|
Jan-17 |
Bank of Ireland |
€65m |
Agri Cashflow Loan Scheme |
|
|
Jan-17 |
Allied Irish Bank |
€60m |
Agri Cashflow Loan Scheme |
|
|
Jan-17 |
Ulster Bank |
€25m |
Agri Cashflow Loan Scheme |
|
|
Mar-18 |
Bank of Ireland |
€128m |
Brexit Loan Scheme |
|
|
Mar-18 |
Allied Irish Bank |
€122m |
Brexit Loan Scheme |
|
|
Mar-18 |
Ulster Bank |
€50m |
Brexit Loan Scheme |
|
|
May-18 |
Bibby Financial Services Ireland |
€25m |
||
|
Jul-18 |
Multiple Banks*** |
Launch of Credit Guarantee Scheme 2017 |
||
|
Dec-18 |
Finance Ireland |
€75m |
||
|
Mar-19 |
Bank of Ireland |
€110m |
Future Growth Loan Scheme |
|
|
Mar-19 |
Allied Irish Bank |
€90m |
Future Growth Loan Scheme |
|
|
Mar-19 |
Ulster Bank |
€50m |
Future Growth Loan Scheme |
|
|
Jun-19 |
Bibby Financial Services Ireland |
€70m |
||
|
Sep-19 |
KBC Bank |
€50m |
Future Growth Loan Scheme |
|
|
Jan-20 |
Capitalflow |
€50m |
||
|
Apr-20 |
SME Finance and Leasing |
€17.5m |
||
|
Jul-20 |
Bank of Ireland |
€180m |
Future Growth Loan Scheme - Expansion |
|
|
Jul-20 |
Allied Irish Bank |
€130m |
Future Growth Loan Scheme - Expansion |
|
|
Jul-20 |
Ulster Bank |
€80m |
Future Growth Loan Scheme - Expansion |
|
|
Jul-20 |
KBC Bank |
€30m |
Future Growth Loan Scheme - Expansion |
|
|
Sep-20 |
Bank of Ireland |
€746m |
COVID-19 CGS |
|
|
Sep-20 |
Allied Irish Bank |
€752m |
COVID-19 CGS |
|
|
Sep-20 |
Ulster Bank |
€317m |
COVID-19 CGS |
|
|
Nov-20 |
Permanent TSB Bank |
€50m |
Future Growth Loan Scheme - Expansion |
|
|
Jan-21 |
Metamo Credit Unions |
€18.5m |
COVID-19 CGS |
|
|
Jan-21 |
Linked Finance |
€10m |
COVID-19 CGS |
|
|
Jan-21 |
Finance Ireland |
€20m |
COVID-19 CGS |
|
|
Jan-21 |
Capitalflow |
€31m |
COVID-19 CGS |
|
|
Jan-21 |
Irish League of Credit Unions |
€7.2m |
COVID-19 CGS |
|
|
Jan-21 |
Credit Union Development Association |
€6.25m |
COVID-19 CGS |
|
|
Feb-21 |
Close Brothers Commercial Finance |
€30m |
Future Growth Loan Scheme - Expansion |
|
|
Mar-21 |
Bibby Financial Services Ireland |
€12m |
COVID-19 CGS |
|
|
Apr-21 |
Close Brothers Commercial Finance |
€20m |
COVID-19 CGS |
|
|
Not yet Launched |
Invoicefair |
€12m |
COVID-19 CGS |
*Facility closed in July 2017 following the sale of Merrion Fleet to Société Générale
**Facility closed in October 2018 following its raising of commercial funding.
*** Launch of the Credit Guarantee Scheme 2017. CGS 2017 does not allocate certain funds.
The SBCI has forwarded updated figures to my Department that show, to the end of December 2020, the total amount of SBCI supported lending activity (through the provision of liquidity) was €1.1 billion to 26,175 Irish SMEs. Under the SBCI’s risk sharing schemes (including both CGS 2017 & COVID-19 CGS), €835 million has been drawn down by 9,651 SMEs.
209. Deputy Denis Naughten asked the Minister for Finance when a person (details supplied) will receive a response to an application; and if he will make a statement on the matter. [35701/21]
View answerI am advised by Revenue that the application in question has been processed and a Letter of Assessment has issued to the person.
The delay in completing the process arose due to a temporary backlog of applications in the relevant Revenue office and a misplacement of hard copy supporting documents that were provided by the person in addition to his online application. Revenue also advised me that it made direct contact with the person to apologise for the delay.
210. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform the breakdown by Department of the allocations to be received from the €1.05 billion Brexit Adjustment Reserve in tabular form. [35526/21]
View answerProvisional agreement has been reached between the Council of the European Union and the European Parliament on the proposed Brexit Adjustment Reserve Regulation. The Regulation is expected to enter into force at the beginning of October.
The purpose of the Reserve is to provide financial support to the most affected Member States, regions and sectors to deal with the adverse consequences of Brexit.
The Reserve has a total value of €5 billion in 2018 prices, equivalent to €5.47 billion in current prices. Ireland is expected to receive a total allocation of €1.065 billion in 2018 prices, equivalent to €1.165 billion in current prices, the biggest single allocation for any Member State, representing just over 20% of the total fund.
The Government will be making decisions on how Ireland’s allocation will be spent in the coming period.
211. Deputy Ged Nash asked the Minister for Public Expenditure and Reform if his attention has been drawn to the delays experienced by some civil service pensioners who are living abroad in terms of the late payment of pension payments as illustrated in the case of a person (details supplied); his views on whether this is a systemic problem; his plans to resolve the matter; and if he will make a statement on the matter. [35590/21]
View answerThe National Shared Services Office (the "NSSO") processes Civil Service pension payments on behalf of Vote 12 Superannuation and Retired Allowances. My Department has consulted with the NSSO on this matter and they in turn have followed up with their banking partner, Danske Bank. The NSSO have provided us with a response which is summarised below.
All payments of pensions are processed by the NSSO as per pre-agreed timelines so that payments are received by pensioners on their due date. The delay in this case appears to have arisen as a result of processing by Danske Bank.
In relation to the named individual, the bank has confirmed that the payment was delayed by one day. This delay has arisen due to a processing error associated with the member’s chosen banking provider. Rather than reject the payment, the bank wanted to ensure the beneficiary received the payment as soon as possible and therefore sent the payment as a SWIFT payment. As this is a standard Euro non-SEPA cross-border payment, it took two days for this payment to clear, resulting in a one day delay.
The bank has notified NSSO that they are currently investigating potential solutions which would allow the bank to make this payment via Single Euro Payments Area (SEPA) which would resolve the one day processing delay.
212. Deputy Paul McAuliffe asked the Minister for Public Expenditure and Reform if the pay policy for protected employment in the Office of Public Works increases in line with other public sector pay increases; and if he will make a statement on the matter. [35603/21]
View answerOPW welcomes and encourages diversity and inclusion within our organisation and we currently employ 12 supported general operatives and additional needs staff. Supported general operatives pay increases are paid in line with other public sector pay increases. Not all cases and entitlements are the same for each person and OPW engage with the employee and their family, where applicable.
213. Deputy Alan Dillon asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if there is progress regarding the publication of an updated sports action plan; if she will report on the implementation of the existing Sports Action Plan 2020-2022; and if she will make a statement on the matter. [35428/21]
View answerI expect to be in a position to publish a Sports Action Plan covering the period 2021-2023 by the end of July. This will be the first such plan under the National Sports Policy 2018-2027 (NSP) and will contain a series of specific initiatives and actions to achieve increased participation in sport and physical activity, greater excellence in high performance sport and improved governance in our sporting bodies and organisations.
Since the launch of the NSP in July 2018, considerable progress has been made in its implementation. A detailed progress report in this regard has recently been transmitted to the the Joint Oireachtas Committee on Tourism, Culture, Arts, Gaeltacht, Sport and the Media. I have arranged for a copy of this report to be sent directly to the Deputy.
214. Deputy Marc MacSharry asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will consider introducing a second live performance support scheme in 2021 given that some businesses were not aware that they were eligible to apply for the scheme; and if she will make a statement on the matter. [35454/21]
View answerGovernment allocated €50 million in 2021 to a suite of measures to assist the arts and culture sector. As part of that funding, on Tuesday 15 June I announced the allocations for the €25 million live performance support scheme (LPSS 2021). I was delighted to be in a position to fund 237 successful applications under this scheme, the details of which are available on my Department’s website. The scheme opened for applications on 19 March 2021.
There was a very high level of interest in this scheme, with over 400 applications received by the closing date 14 April requesting funding in excess of €80 million. The scheme was operated by my Department and all applications were assessed and scored. Given the available funding of €25 million, difficult decisions had to be made and it was not possible to award grants to everyone who applied. The funding available under this scheme has now been fully allocated. LPSS 2021 builds on the successful pilot Live Performance Support Scheme in 2020, which provided thousands of days of employment to hundreds of musicians, actors, crew and technicians in tandem with a pipeline of high quality on-line much needed entertainment for Irish audiences. The 237 grants awarded will help to support employment and wellbeing opportunities across all genres and the continued production of high quality artistic output for the public.
While there are no plans at present for a further round of the scheme, the Economic Recovery Plan published on 1 June stated that Government also recognises that as long as physical distancing remains a public health requirement, further supports may be needed for these sectors. In that context, supports are kept under review in light of developments in public health guidance.
I have also made an allocation of €14 million available for the Music and Entertainment Business Assistance Scheme (MEBAS) to make a contribution to the overheads of businesses, specifically musicians and related crew, that have been significantly negatively affected by COVID-19 and that do not qualify for other business supports. The main features of this new scheme will see support offered by way of three levels of flat payments:
- €2,500 for businesses with a VAT-exclusive turnover of €20,000 - €50,000 with minimum business costs of €3,000 incurred from 1 April 2020 to 31 May 2021.
- €4,000 for businesses with a VAT-exclusive turnover of €50,001- €100,000 with minimum business costs of €6,000 from 1 April 2020 to 31 May 2021.
- €5,000 for businesses with VAT-exclusive turnover in excess of €100,000 with minimum business costs of €7,500 from 1 April 2020 to 31 May 2021.
Under the scheme, self employed businesses including musicians, singers, lighting and sound crew and audio equipment suppliers operating exclusively within the commercial live entertainment sector are eligible to apply. Applications may be made via the MEBAS application portal on my Department’s website.
I have also made an allocation of €5 million available to local authorities for live performances in summer 2021 to animate town centres, should public health considerations permit. This will allow for the procurement by local authorities of performances by local performers. This funding will be allocated shortly.
In addition, I have announced an additional €11.5m for a new Events Sector Covid Support Scheme which I hope to launch soon. This scheme will target SMEs in the events sector which aren’t eligible for the CRSS and for whom MEBAS and the Small Business Assistance Scheme for COVID-19 will not make a significant contribution to fixed costs relative to the level of support that that would be available under CRSS, had such SMEs been eligible for that support.
215. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when the assessment on the imperative reasons of overriding public interest planning for Galway Port recommended by An Bord Pleanála to him and referred by him to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media as part of a statutory process for consideration and recommendation will be completed and a response issued to his Department.; and if he will make a statement on the matter. [35605/21]
View answerFollowing the Government Decision on the transfer of Departmental Administration and Ministerial Functions last week, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media no longer has a role in this matter.
The assessment on the imperative reasons of overriding public interest will be completed in tandem with the provision of advice as to whether the compensatory measures proposed by the developer are sufficient to ensure that the overall coherence of the Natura 2000 network is protected. Both are under consideration within my Department, and advice will be provided as soon as is feasible.
216. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if he plans to extend the period of time by which all rights of way must be registered given the disruption caused by Covid-19; if so, when the relevant provision will be made for this; the extension he proposes; and if he will make a statement on the matter. [35761/21]
View answerThere appears to be a misapprehension regarding the dates for registering rights of ways acquired by prescription on foot of amendments made by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 to the provisions relating to acquisition of easements and profits by prescription contained in Part 8 of the Land and Conveyancing Law Reform Act 2009.
I understand from the Property Registration Authority (PRA) that the following is the position:
1. The extension of the transitional period originally prescribed by Section 38(b) of the 2009 Act (3 years) by the aforementioned 2011 Act (extending the period to 12 years) relates simply to the period when a claim to a prescriptive right can be made by reliance on the 'old' law replaced by the 2009 Act. From 2021, reliance must be made on the 'new' law introduced by the 2009 Act; in particular, reliance must be made on the new single and shorter period of 12 years. There is no question of a cut-off point occurring in 2021 when a claim to a prescriptive right can no longer be made. All that changes in 2021 is the basis on which the prescriptive right can be claimed.
2. The new procedure for registration of a prescriptive right introduced by Section 41 of the 2011 Act is not subject to a time limit. It is a permanent procedure and, in particular, does not cease to be available in 2021. The only change which occurs in 2021 is the basis on which an application must be made to the PRA. As pointed out in (1) above, from 2021, the application will have to be grounded on the 'new' law introduced by the 2009 Act and reliance on the 'old' law repealed by that Act will cease to be possible.
This procedure is only for easements (including rights of way) acquired by prescription. If all parties agree to the registration of an easement, an application should be made by lodging the appropriate Deed of Grant.
Finally, a Practice Direction Easements and Profits à Prendre Acquired by Prescription under Section 49A and an informational video are available on the PRA’s website (www.prai.ie) that cover the process relating to the registration of prescriptive easements.
217. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the details of all guidelines and policy directives issued to An Bord Pleanála under sections 28 and 29 of the Planning and Development Act 2000 (as amended) since 2020, in tabular form; and if he will make a statement on the matter. [35426/21]
View answerDetails of guidelines and policy directives issued to all planning authorities, including An Bord Pleanála, by my Department under Sections 28 of the Planning and Development Act 2000, as amended, since 1 January 2020 are set out in the Table below. My Department has not issued any guidelines or policy directives under section 29 of the Act in that period.
|
Date of Issue |
Title |
Issued Under Planning and Development Act 2000, as amended |
|
March 2020 |
Enforcement of certain planning conditions during the COVID-19 pandemic - Guidelines for Planning Authorities |
Section 28 |
|
December 2020 |
Enforcement of certain planning conditions during the Coronavirus (COVID-19) outbreak - Guidelines for Planning Authorities |
Section 28 |
|
December 2020 |
Design Standards for New Apartments - Guidelines for Planning Authorities |
Section 28 |
|
December 2020 |
Housing Supply Target Methodology for Development Planning - Guidelines for Planning Authorities |
Section 28 |
|
May 2021 |
Regulation of Commercial Institutional Investment in Housing - Guidelines for Planning Authorities |
Section 28 |
218. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 304 of 22 June 2021, the reason the review is only for the first 12 months of the scheme; when the review commenced; when it is expected to conclude; if there are plans to extend the scope of the review from the first 12 months; and if he will make a statement on the matter. [35436/21]
View answerThe Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.
In line with the commitment given in Rebuilding Ireland, a review of the first 12 months of the Scheme’s operation was undertaken. The review incorporated analysis of a wide-ranging public consultation process and comprehensive data received from local authorities regarding the operation of the scheme during 2016. The review was initially completed in 2017 but has been updated and revised since then.
More recently, the Department has examined the Review in the context of the Programme for Government commitments and the broader social housing reform agenda. I expect to be in a position to publish the review and finalise changes to the Scheme once the work on these reform measures is complete.
219. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage if the proposed upcoming changes to the nitrates action programme will be altered to include changes to regulations on the run-off of clear water from dairy hygiene; and if he will make a statement on the matter. [35440/21]
View answer220. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the proposals that are being considered for the upcoming review of the nitrates action programme; when a decision will be made; and if he will make a statement on the matter. [35441/21]
View answerI propose to take Questions Nos. 219 and 220 together.
A review of Ireland's Nitrates Action Programme is currently under way. A first round of public consultation was held last year and I anticipate that the second public consultation will commence in the coming weeks. My Department, working with officials from the Department of Agriculture, Food and the Marine, are currently finalising a consultation document having met recently with various key stakeholders.
It is clear from our current water quality trends that significant reductions in nutrient losses from agriculture to water are urgently needed to protect our water environment and meet our legal obligations.
In partnership with the Minister for Agriculture, Food and Marine, Deputy McConalogue, I launched an initial public consultation on this 5th review of Ireland’s Nitrates Action Programme on 25 November 2020. This initial consultation formed part of a roadmap and set out a number of current and future issues to be considered as part of the review. This consultation received over 100 responses, which have been carefully considered by the Nitrates Expert Group, co-chaired by my Department and the Department of Agriculture, Food and Marine.
A second public consultation was envisaged in the roadmap that was published in November 2020. This second consultation document will incorporate the information received during the initial consultation stage, along with additional research outputs and up to date water quality data from the Environmental Protection Agency and Teagasc. The consultation will include details of the proposed measures being considered as part of the next Nitrates Action Programme.
221. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage the action being taken by local authorities to ensure that landlords are complying with minimum standards and current fire safety regulations; and if he will make a statement on the matter. [35581/21]
View answer222. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage if a report is available from each local authority in respect of the action that they have taken over the past three years to ensure that landlords are fully compliant with the current fire safety standards; and if he will make a statement on the matter. [35582/21]
View answerI propose to take Questions Nos. 221 and 222 together.
The Housing (Standards for Rented Houses) Regulations 2019 specify requirements in relation to a range of matters, such as structural condition, sanitary facilities, food preparation, storage and laundry, the availability of adequate heating, lighting and ventilation, the safety of oil, electricity and gas installations, fire safety and refuse facilities. All landlords have a legal obligation to ensure that their rented properties comply with these regulations and responsibility for the enforcement of the regulations rests with the relevant local authority.
My Department has made significant Exchequer funding available to local authorities in recent years, with the result that the number of minimum standards inspections undertaken more than doubled from 19,645 in 2017 to 40,728 in 2019, with a similar increase in the number of properties becoming compliant from 3,329 to 7,206. In order to assist local authorities increase inspection rates further and strengthen compliance, an increased budget of €10 million is being made available this year. However pandemic restrictions have severely impacted on both inspections and enforcement activity since March 2020.
In response to the pandemic 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 to confirm if the landlord’s checklist answers are correct, and the Council reserving the right to conduct a physical on-site inspection when it is safe to do 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. My Department is encouraging local authorities not involved in the pilots to consider adopting them and providing Exchequer funding to those that do.
Annual data in respect of the level of minimum standards inspections carried out by each local authority is available on my Department's website at www.gov.ie/en/publication/da3fe-private-housing-market-statistics/.
Under the Fire Services Acts 1981 and 2003, landlords as persons having control over premises have responsibilities to ensure fire safety on those premises. Fire Authorities have powers of inspection and enforcement. Fire Services are independent in exercising their functions under the Fire Services Acts. My Department does not have specific information regarding inspection and enforcement in rented properties. Fire safety in all properties, especially dwellings is of importance. My Department has published a range of guidance on fire safety in houses and flats, be they rented or owner occupied, which are available on my Department's website. Central to this is having working smoke alarms, testing them weekly, dealing with obvious dangers such as smoking materials, and having an escape plan.
223. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage if local authorities can use their discretion to look upon a housing applicant’s pandemic unemployment payment as temporary and be in compliance with the terms as set out in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended (details supplied); and if he will make a statement on the matter. [35593/21]
View answerApplications 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.
The Social Housing Assessment Regulations 2011 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.
Social housing support is intended to address a household’s long-term housing need and it is therefore important to note that where households are in need of short term support, such as Rent Supplement, they should make application to the Department of Social Protection.
In relation to the Pandemic Unemployment Payment (PUP), Circular 38/2020 regarding the treatment of the Covid-19 Pandemic Unemployment Payment (PUP) when assessing and/or reviewing income eligibility for social housing support was issued to local authorities. The Circular advises that the PUP payment should be considered as temporary in the overall context of an applicant household's income. In this regard, when assessing a household, the household’s income immediately prior to receipt of the PUP should be considered by the authority. Based on all of the available income information, the authority must then make a decision as to whether the household meets the income criteria.
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.
224. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if grants are available for a person to replace roof tiles on their home; and if he will make a statement on the matter. [35601/21]
View answerMy Department provides funding to local authorities in respect of the Housing Adaptation Grants for Older People and People with a Disability, to assist eligible people in private houses to make their accommodation more suitable for their needs. The suite of grants include the Housing Adaptation Grant for People with a Disability (max grant €30,000), the Mobility Aids Grant (max grant €6,000) and the Housing Aid for Older People (max grant €8,000). A means test applies to each grant scheme. The detailed administration of the schemes is the responsibility of the local authorities.
Further details on these schemes is available at the following link:
www.gov.ie/en/service/6636c-housing-adaptation-grants-for-older-people-and-people-with-a-disability/
