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Thursday, 9 Sep 2021

Written Answers Nos. 381-400

Legislative Measures

Questions (381)

Niall Collins

Question:

381. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage his plans to reform and update the legislation governing the establishment and operations of fun fairs including health and safety requirements and legislation; and if he will make a statement on the matter. [42871/21]

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Written answers

It is my intention to bring forward a piece of legislation provisionally titled the Fire, Emergency Management and Public Safety Bill, whose primary purpose will be to update the Fire Services Acts, 1981 and 2003. Part of the impetus for this work arises from the review of fire safety in Ireland carried out in the the aftermath of the Grenfell tragedy in the UK. It is also my intention that the Bill will place relevant elements of evolved emergency management practice at national and local level on a statutory footing and also revise the legislative approach to certain aspects of public safety in Ireland, with an initial focus on safety at funfairs.

A General Scheme of the Bill is at an advanced stage of preparation within my Department. The General Scheme has been informed by consultation with the relevant sectors likely to be impacted by its provisions. The shape of the Bill has been considered on a number of occasions by the Board of the National Directorate for Fire and Emergency Management (NDFEM). The Board is comprised of Chief Executive Officers from local authorities, the Chief Fire Officers Association (CFOA) as well as other Government Departments and supports the general approach being taken in the Bill.

The intention of the Bill is to support and strengthen the role of local authorities.  The provision of fire services in local authority areas, including the establishment and maintenance of fire brigades, the assessment of fire cover needs and the provision of premises, is a statutory function of each individual fire authority.  The work of local authority fire services has, to a large degree, been underpinned by the Fire Services Act 1981 and 2003 for nearly 40 years.  While this legislation has served the country well, and key indicators such as fatalities from fire per million of population have been reduced consistently to the point where they are at their lowest for forty years, it is appropriate now to ensure that the underpinning legislation fully reflects the changes is society and the expanded and more dynamic roles that our local authority fire services have taken on in recent years.  For that reason, the opinions of the local government sector have been sought as to the shape this legislation should take and preliminary opinion has also been received from the Local Government Management Association.

Like all legislation, this is a complex piece of work, which necessitates consideration of multifaceted issues that impact on a number of sectors. The current Fire Services Acts 1981 and 2003 have stood the test of time for nearly 40 years. I want to ensure that its replacement also stands the test of time and when my Department is satisfied that the legislation being brought forward is appropriate, balanced, complete and robust. A Memorandum will be brought to Government on the issue in due course, followed by publication of the Bill.

Wildlife Conservation

Questions (382)

Jennifer Whitmore

Question:

382. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the details of the species of birds that are currently included in the open season hunting list that have also been identified as a species of conservation concern, either as a red-listed or amber-listed species; if figures on numbers and species of birds killed during the hunting season are collected by his Department; the level of analysis he has undertaken to determine the impact of this hunting pressure on these at-risk species; and if he will make a statement on the matter. [42878/21]

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Written answers

There are currently 21 species on Ireland’s Open Seasons Order.  As outlined in NPWS’s 2019 Article 12 report, the conservation status of a number of species which are permitted to be hunted at certain times of the year under the Open Seasons Order is declining.   

Of these 21 species, 7 are listed as Amber on the BOCCI list (Tufted Duck, Teal, Gadwall, Wigeon, Pintail, Mallard, Greylag Goose) and 8 are listed as Red on the BOCCI list (Pochard, Goldeneye, Woodcock, Golden Plover, Snipe, Red Grouse, Scaup, Shoveler).

  The wild bird hunting season commenced on September 1st and, like many people, I am deeply concerned at the potentially unsustainable hunting of birds of conservation concern in Ireland. It is difficult to assess the sustainability of hunting these birds, as there are some gaps in the data on population size and trends and we do not have information on the numbers of birds hunted annually. It is clear that a new way forward is needed, based on scientific evidence, collaboration and strategic action, to ensure the sustainable hunting of birds of conservation concern in Ireland. To this end, I have established a working group in NPWS to determine the next steps and to invite stakeholders to participate in a collaborative dialogue in the coming months to develop a plan for a sustainable future for these species in Ireland.

Question No. 383 answered with Question No. 316.

Government Communications

Questions (384, 385)

Gary Gannon

Question:

384. Deputy Gary Gannon asked the Minister for Housing, Local Government and Heritage if his ministerial phones have been hacked or attempted to be hacked during the term of office. [42928/21]

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Gary Gannon

Question:

385. Deputy Gary Gannon asked the Minister for Housing, Local Government and Heritage if he has ever used his personal phones for Government business; and if so, if the personal phones have been hacked during his term of office. [42946/21]

View answer

Written answers

I propose to take Questions Nos. 384 and 385 together.

My Department has no report of a ‘hack’ of my phone. I have used my personal phone for official business and I have not experienced a "hack" on my personal phone, to my knowledge, during my term in office.  

Question No. 385 answered with Question No. 384.

Housing Schemes

Questions (386)

Gary Gannon

Question:

386. Deputy Gary Gannon asked the Minister for Housing, Local Government and Heritage if there is scope to amend provisions relating to the housing assistance payment as it operates in County Galway to reflect the fluidity of movement between the city council and county council boundaries (details supplied); and his views on the possibility of offering the housing departments of Galway City and County Council room to work more collaboratively in the implementation of HAP during this acute time in the housing crisis. [42955/21]

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Written answers

Section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the Social Housing Assessment Regulations 2011, as amended, set down a standard procedure for assessing applicants for social housing support.  Under this procedure, a household may apply for support to one housing authority only, which may be the authority for the area in which the household normally resides or with which it has a local connection, or the authority that agrees, at its discretion, to assess the household for support.  A household, meeting either the residence or local connection condition, may specify up to three areas of choice for receipt of support in the areas of all housing authorities in the county and city concerned and, if qualified, will be entered on the housing waiting list of each of those housing authorities.

Consistent with the provisions in the Housing (Miscellaneous Provisions) Act 2014, the Housing Assistance Payment (HAP) scheme is considered to be a social housing support and consequently households in receipt of a payment under the HAP scheme are not eligible to remain on the main housing waiting list. However, acknowledging that some households on the waiting list, who avail of HAP, have expectations that they would receive a more traditional form of social housing support, Ministerial directions have issued to ensure that, should they so choose, HAP recipients can avail of a move to other forms of social housing support through a transfer list.

Furthermore, local authorities are also directed that HAP recipients who apply to go on the transfer list should get full credit for the time they spent on the waiting list and be placed on the transfer list with no less favourable terms than if they had remained on the waiting list.

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

In order to maintain equity between all tenants in receipt of social housing support, inter-authority movement for HAP will be facilitated without reference to Social Housing Eligibility Income Bands in areas that offer shared areas of choice in their allocation schemes, as no change to existing treatment is involved in such areas. For example, in Dublin, the four local authority areas currently offer shared areas of choice in their allocation schemes.

However, HAP tenants who avail of inter-authority movement, can only be offered access to the transfer list of the originating local authority.

The practical operation of transfer lists is a matter for each local authority to manage, on the basis of their own scheme of letting priorities. The making of such schemes is a reserved function of the local authority and as such is a matter for the elected members.

Freedom of Information

Questions (387)

Matt Carthy

Question:

387. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage the number of freedom of information requests responded to by his Department in each of the years 2016 to 2020 and to date in 2021; the number of responses that included documents related to text messages and other phone message communications such as messages sent through an application (details supplied) in tabular form; and if he will make a statement on the matter. [42968/21]

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Written answers

The number of Freedom of Information requests responded to by my Department each year since 2016 is set out in the table below.

Year 

Number of requests responded to 

 2016

 281

 2017

 286

 2018

 371

 2019

 246

 2020

 254

 2021 (as at 3 Sept)

193

In line with the Freedom of Information Act and Code of Practice, my Department publishes a disclosure log of FOI requests on a quarterly basis. The logs are available at: www.gov.ie/en/collection/24ae9-foi-request-logs/.

Details of the FOI requests responded to, including a description of the request, the origin of the request and the decision, are contained in the logs. Information in respect of the sort of documents included in individual responses is not maintained. Its compilation would involve a disproportionate amount of time and work as it would necessitate the examination of each request responded to.

Should the Deputy wish to submit a further more specific question in relation to a particular FOI request, I will endeavour to provide the information.

Departmental Bodies

Questions (388)

Cian O'Callaghan

Question:

388. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the position regarding the National Coastal Change Management Strategy Steering Group; the number of times the group has met since its formation; the current membership of the group; the issues it has considered; when the group’s finding will be presented to Government and published; if coastal communities affected by coastal erosion and flooding will be engaged with by the group as key stakeholders; and if he will make a statement on the matter. [42976/21]

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Written answers

The National Coastal Change Management Strategy Steering Group is jointly chaired by my Department and the Office of Public Works (OPW). The Group is comprised of senior officials from the Department of Communications, Climate Action and the Environment, the Department of Transport, Tourism and Sport, the Department of Public Expenditure and Reform, the Department of Agriculture, Food and the Marine, Met Éireann, and the County and City Management Association. The Group met for the first time on 3 September 2020 and most recently met on 10 June 2021.

Further to the initial meeting of the Steering Group in September 2020, a technical working group was also established under the stewardship of the OPW. The work of this group has focused on the identification and initial analysis of data sources, to underpin the work of the Steering Group.

Since the initial meeting in September, the work of the Steering Group is being progressed through a series of bilateral meetings to scope out the extent of the issues, including, inter alia, the threats and effects of coastal change as they relate to the remit of the individual Steering Group members and the wider stakeholders.

To assist and support the work of the group in scoping out the extent of the issues, including, inter alia, the threats and effects of coastal change as they relate to the remit of the individual Steering Group members and the wider stakeholders, my Department and the OPW have been engaging in a series of bilateral meetings in the interim with relevant Departments and key stakeholders.

The intention of these bilateral meetings has been to give an opportunity to discuss the emerging work of the Group and to stimulate the most effective engagement of these key stakeholders. The meetings to date have been very useful in allowing for issues relating to coastal change management to be reflected upon and explored in the context of the particular operations of the participating organisations.

Following these engagement,  the findings of the group are currently being compiled into a report which will be presented to Government later this year.

Departmental Investigations

Questions (389, 390)

Paul Murphy

Question:

389. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 230 of 6 July 2021, if the file relating to the investigation, which named two suspects, into the missing file is still in the possession of his Department. [42980/21]

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Paul Murphy

Question:

390. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 230 of 6 July 2021, the reason An Garda Síochána were not contacted in relation to the missing file. [42981/21]

View answer

Written answers

I propose to take Questions Nos. 389 and 390 together.

I refer the Deputy to my reply to Parliamentary Question No. 795 of 21 April 2021.

I also refer the Deputy to the replies given to Parliamentary Questions Nos. 196, 197, 198 and 199 of 27 May 2015 by the then Minister.  

The file in question was not removed from the Minister's office without authorisation but was inadvertently placed with other papers and subsequently found after a period of time. Accordingly, no Garda or other inquiry was required, nor was any file relating to an investigation created by my Department, as there was no security incident.

Question No. 390 answered with Question No. 389.

Housing Provision

Questions (391)

Catherine Murphy

Question:

391. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if a review of the strategic housing development process is underway by his Department; the date on which the legislation expires or lapses; if he plans to extend the legislation; and if so, the changes that legislation will provide for. [42984/21]

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Written answers

Minister O'Brien brought a Memorandum to Government on 13 July 2021, accompanied by a General Scheme of a Planning and Development (Amendment) (LSRD) Bill 2021 (the General Scheme), outlining proposals for the replacement of the current planning arrangements in respect of Strategic Housing Developments (SHDs) with new streamlined arrangements for large-scale residential developments (LSRDs). The proposed new arrangements will effectively restore decision-making on such large scale developments to local authorities in the first instance.

The proposed new LSRD arrangements will comprise 3 pillars: pre-application consultation stage, planning application stage and appeal stage, summarised as follows -

- planning authorities will be required to complete the “final consultation meeting” element of the pre-application consultation stage, involving a bilateral  meeting between the planning authority and the developer, within 8 weeks of the receipt of a request for such meeting;

- subsequent LSRD planning applications will be generally required to be determined by planning authorities within 8 weeks of receipt of an application;

- the determination of appeals against planning decisions by planning authorities will be generally required to be determined by An Bord Pleanala within 16 weeks of receipt of an appeal. 

- The application of these new arrangements is intended to streamline the decision making process for  LSRDs, thereby providing greater certainty and clarity to developers regarding the timelines for decisions in respect of such development proposals. 

- Further details in relation to the proposals are set out in the General Scheme which is available on at: www.gov.ie/en/publication/a10f2-general-scheme-of-planning-and-development-amendment-lsrd-bill-2021/.

- It is intended that the Bill will be enacted as soon as possible with the new LSRD arrangements commencing on enactment of the Bill. The LSRD and SHD schemes will both operate concurrently for a limited period of time with developers being able to choose which process to engage with during this interim period. Once the final SHD planning applications have worked their way through the system, the LSRD arrangements will be the sole planning consent system for applications of this scale.

Housing Provision

Questions (392)

Catherine Murphy

Question:

392. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will provide a schedule by county of all of the strategic housing developments that are at construction phase as of 9 September 2021; if he will provide a schedule of all of the strategic housing developments that are at planning approved stage; and the duration that approved planning lasts for under the legislation. [42985/21]

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Written answers

The Planning and Development (Housing) and Residential Tenancies Act 2016 (the Act) introduced new streamlined arrangements to enable planning applications for strategic housing developments (SHDs) of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála (the Board) for determination.

From the commencement of the new SHD arrangements in 2017 up until end July 2021, the Board had received 345 SHD applications and had decided 302 cases. The Board had granted permission in 210 cases in respect of a total of 52,311 housing units (comprising 13,199 houses, 29,938 apartments and 9,174 build to rent), as well as 1,330 shared accommodation units and 13,091 student bed spaces under the SHD arrangements. I understand that the remaining 92 cases decided have either been refused by the Board or are developments which were originally granted by the Board but set aside as a result of a judicial review.

The 2017 SHD Regulations provide for the publication of a weekly list of applications received and applications determined or otherwise disposed of by the Board in relation to SHD cases. These weekly lists are available to view on the Board's website at www.pleanala.ie/

Arrangements have also 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. The contact email address for An Bord Pleanála in this regard is oireachtasqueries@pleanala.ie

The status of individual developments which have been granted permission under the Planning and Development Act 2000, as amended, is not routinely maintained by my Department given that some 30,000 planning permissions are granted nationally on an annual basis. My Department has conducted periodic research on the activation rate of SHD permissions and the most recent data in this regard, from a review undertaken on 17 August 2021, would indicate that as of end July 2021, works have commenced on 72 (34%) of the SHD permissions granted since the arrangements came into operation. There can be some delay for various reasons, such as phasing of development, in the activation of housing developments post the granting of permission. In this connection, if permissions granted in 2020/2021 are excluded from the calculations, the data indicates that works have commenced on 48% of the SHD permissions granted in 2018 (when the first permissions were granted) and 2019.  

Analysis of the end July 2021 position by county as requested is set out in the table below:

Local Authority

Developments with Decision Granted

Developments with Commencement Notices Lodged

Cork City Council

17

5

Cork County Council

5

3

Dublin City Council

49

18

Dun Laoghaire Rathdown   County Council

47

13

Fingal County Council

14

5

Galway City Council

8

2

Galway County Council

3

 0

Kildare County Council

18

9

Kilkenny County Council

1

Laois County Council

1

1

Limerick City and County   Council

1

Louth County Council

7

1

Meath County Council

8

3

South Dublin County Council

20

8

Tipperary County Council

1

 0

Waterford City and County   Council

1

 0

Westmeath County Council

2

 0

Wexford County Council

2

Wicklow County Council

5

4

Planning permissions are generally granted for a period of five years with the possibility to extend that period by an additional two periods, which periods cumulatively shall not exceed five years, to enable the development to which the permission relates to be completed subject to compliance with certain conditions.

The Programme for Government - Our Shared Future commits to not extending the SHD arrangements beyond their legislative expiry date of end December 2021, which has now been extended to 25 February 2022 arising from the Covid-related extension of duration of statutory deadlines within the planning system by 8 weeks in respect of the period March to May 2020.

Minister O'Brien brought a Memorandum to Government on 13 July 2021, accompanied by a General Scheme of a Planning and Development (Amendment) (LSRD) Bill 2021 (the General Scheme), outlining proposals for the replacement of the current planning arrangements in respect of Strategic Housing Developments (SHDs) with new streamlined arrangements for large-scale residential developments (LSRDs).

Further details in relation to the proposals are set out in the General Scheme which is available on at:www.gov.ie/en/publication/a10f2-general-scheme-of-planning-and-development-amendment-lsrd-bill-2021/

Commissions of Investigation

Questions (393)

David Cullinane

Question:

393. Deputy David Cullinane asked the Minister for Housing, Local Government and Heritage the cost of each commission of investigation under the remit of his Department over the preceding decade. [42995/21]

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Written answers

There are no Commissions of Investigations currently taking place in my Department nor have there been any completed in the last 10 years.

The Tribunal of Inquiry into Certain Planning Matters and Payments was established in March 1997 and completed in November 2012, with a number of third party claims remaining to be processed.  The cost of the Tribunal was €47,971,722 within the last decade.

Local Authorities

Questions (394)

Neale Richmond

Question:

394. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if he has engaged with each local authority on recruiting full-time dedicated EU officers; the local authorities that have EU officers in place already; and if he will make a statement on the matter. [43013/21]

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Written answers

Under 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 authorities 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 local authorities which have EU Officers in place is not collected and consequently is not available in my Department. The relevant information would be available from individual local authorities.

Local Authorities

Questions (395)

Neale Richmond

Question:

395. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the amount of EU funding each local authority has received per year for the past five years; and if he will make a statement on the matter. [43014/21]

View answer

Written answers

The information requested is not available in my Department.

Details on funding provided may be found on eufunds.ie

Defective Building Materials

Questions (396)

Joe McHugh

Question:

396. Deputy Joe McHugh asked the Minister for Housing, Local Government and Heritage if he will consider the difficult circumstances pertaining to a family (details supplied) in County Donegal whose lives have been made extremely challenging due to having mica in their home; if their request to remain in their home while their new residence is being rebuilt will be considered; and if he will make a statement on the matter. [43017/21]

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Written answers

The remedial options provided for under the Defective Concrete Blocks Grant scheme constitute a material alteration to an existing building. It is provided in order to remediate the issue of the defective blocks and return the building to a condition it would have been in if it hadn’t been affected by the use of Mica or Pyrite in the blockwork.

In relation to remedial option 1, this specifically provides for the demolition of the home and the subsequent rebuild on the original foundations. The option of building a new home, outside of the existing foundations, would not be supported by the legislation underpinning the grant scheme. This legislation specifically provides for the payment of a grant for the improvement of an existing dwelling and not the construction of an entirely new building on a new set of foundations. Under the scheme as currently formulated, a homeowner choosing to build a new home in a different location on the site and not using the existing foundations would disqualify themselves from grant assistance.

The working group which I established to review the current scheme is expected to report by the end of September and the issue of alternative accommodation and the associated costs is one of the issues under review. In addition, my Department is in onging dialogue with Donegal County Council on the particularly difficult circumstances of this case in efforts to identify a solution and will continue to provide as much assistance as possible in order to arrive at a suitable solution.

Housing Schemes

Questions (397)

Seán Haughey

Question:

397. Deputy Seán Haughey asked the Minister for Housing, Local Government and Heritage when applications can be made for the first home shared equity scheme; and if he will make a statement on the matter. [43024/21]

View answer

Written answers

The Affordable Housing Bill 2021, the first ever standalone affordable housing legislation, was signed into law by the President on 21 July 2021.

On 2 September 2021 I signed the Affordable Housing Act 2021 (Commencement of Certain Provisions) Order 2021, which commenced Part 2 (other than subsections (2)(c), (6), and (7) of section 6) and Parts 4, 6, 7, and 8 of the Act from 3 September.

Part 4 of the Act provides the basis for the establishment of the 'First Home' scheme which is to be operated and administered by a newly established special purpose vehicle (SPV). It also provides that I, as Minister, may agree the terms by which the equity support may be provided covering, inter alia, areas such as purchaser eligibility and financial means, the homes that may be considered eligible under the scheme, and the amount of funding that can be provided.

Work on the detailed design and operation of the scheme is advancing and the Government's recently published Housing For All Plan confirms the intention to introduce the First Home Scheme in Q1 2022.

Planning Issues

Questions (398)

Brendan Howlin

Question:

398. Deputy Brendan Howlin asked the Minister for Housing, Local Government and Heritage if he plans to grant a further extension to planning permissions for residential housing delayed by Covid-19 and by building supply issues; if he has estimated the numbers of such permissions due to expire without completion in 2021; and if he will make a statement on the matter. [43029/21]

View answer

Written answers

Section 42 of the Planning and Development Act 2000, as amended ('the Act') currently enables the holder of a planning permission to apply to a planning authority for an extension to the period of permission by an additional period not exceeding 5 years.

At present, if an extension to planning permission has been previously granted, the holder of a planning permission may be granted a further extension of duration under section 42(1A) of the Act in respect of a development that relates to 20 or more houses, where substantial works have been carried out, subject to the development being completed within 5 years of the originally extended permission or by 31 December 2021 (as extended by Government Orders in 2020 under Section 251A of the Act), whichever first occurs.

Section 7 of the Planning and Development (Amendment) Act 2021 ('the 2021 Act'), which was commenced on 9 September 2021, provides a temporary provision allowing for applications for further extensions of planning permissions which have already availed of an extension under section 42, or otherwise under section 42(1A), and in circumstances where no further extension is permissible.  Where an application is made to a planning authority for a further extension, pursuant to the 2021 Act amendments, setting out the reasons why a development cannot be reasonably completed within the appropriate period as already extended, the planning authority shall further extend that period by an additional period of up to 2 years or until 31 December 2023, whichever first occurs, subject to the planning authority being satisfied of a number of matters, including that the development has commenced, substantial works have been carried out and that the extension is required to enable the development to be completed.  This is subject also to the planning authority being satisfied that environmental impact assessment or appropriate assessment would not be required for the proposed extension of the appropriate period.

The specific number of housing projects which will be affected by the Planning and Development (Amendment) Act 2021 is not available in my Department. It is not be possible for me to speculate as to the number of housing projects, which have already availed of an extension under section 42 of the Act, or further extension under section 42(1A), and which will also avail of a further extension under the amendments introduced by the 2021 Act. Rather, it will be a matter for the relevant planning authority to determine whether the conditions for granting a further extension are satisfied on a case by case basis. In other words, this provision does not provide a blanket extension of duration for a certain class or classes of developments, but rather must be determined on a case by case basis by the relevant planning authority upon application to that authority.

It is understood that construction work has been significantly impacted, with both delays and site closures throughout 2020 and 2021 due to the Covid-19 pandemic and associated restrictions, and most recently with the closure of non-essential construction sites on the 8 January 2021, which sites could only have reopened in April and May of this year at earliest.  It is envisaged that an additional extension of 2 years or until 31 December 2023, which ever first occurs, is an appropriate period to address the disruption and delays to construction caused by Covid-19 pandemic and resulting restrictions. This period not only takes into account the period of restrictions on construction, but also addresses delays and disruptions in logistics, supply chains, and the availability of personnel when restarting construction work after the mandatory and unplanned closure of building sites over the last year.

Ministerial Appointments

Questions (399)

Réada Cronin

Question:

399. Deputy Réada Cronin asked the Minister for Housing, Local Government and Heritage the number of formal and informal roles held by a person (details supplied) in the name of his Department or associated agency in the lifetime of this Government; when they were appointed to same; and if he will make a statement on the matter. [43039/21]

View answer

Written answers

The person (details supplied) has not held any roles, formal or informal, in my Department during the lifetime of this Government.

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.

State Body

Contact E-mail Address

An Bord Pleanála

oireachtasqueries@pleanala.ie

An Fóram Uisce (the Water Forum)

info@nationalwaterforum.ie

Approved Housing Bodies Regulatory Authority

oireachtasqueries@ahbregulator.ie

Docklands Oversight and Consultative Forum

infodocklands@dublincity.ie

Ervia

oireachtas@ervia.ie

Gas Networks Ireland

oireachtas@ervia.ie

Heritage Council

oireachtas@heritagecouncil.ie

Housing Finance Agency

oireachtas.enquiries@hfa.ie

Housing and Sustainable Communities Agency

publicreps@housingagency.ie

Irish Water

oireachtasmembers@water.ie

Land Development Agency

oireachtas@lda.ie

Local Government Management Agency

corporate@lgma.ie

National Oversight and Audit Commission

info@noac.ie

National Traveller Accommodation Consultative Committee

ntacc@housing.gov.ie

Office of the Planning Regulator

oireachtas@opr.ie

Ordnance Survey Ireland

Oireachtas@osi.ie

Property Registration Authority

reps@prai.ie

Pyrite Resolution Board

oireachtasinfo@pyriteboard.ie

Residential Tenancies Board

OireachtasMembersQueries@rtb.ie

Valuation Office

oireachtas.enquiries@VALOFF.ie

Valuation Tribunal

info@valuationtribunal.ie

Water Advisory Body

info@wab.gov.ie

Waterways Ireland

ceoffice@waterwaysireland.org

Housing Policy

Questions (400)

Réada Cronin

Question:

400. Deputy Réada Cronin asked the Minister for Housing, Local Government and Heritage if he will extend the evictions moratorium in the interest of the physical and psychological health of persons seeking homes in a housing crisis; if so, if he will stagger the ending of the moratorium in order that prospective tenants are not pursuing a small number of affordable properties at the same time; and if he will make a statement on the matter. [43055/21]

View answer

Written answers

The Residential Tenancies Acts 2004-2021 regulate the landlord-tenant relationship in the private rented sector and set out the rights and obligations of landlords and tenants. Section 34 of the Acts provides that a landlord must state a reason for the termination in any tenancy termination notice served. The Table to section 34 sets outs the following valid grounds for the termination of a Part 4 tenancy by a landlord:

- the tenant has failed to comply with the obligations (other than the obligation to pay rent) of the tenancy;

- the tenant has failed to comply with the obligation to pay rent under the tenancy;

- the dwelling is no longer suited to the needs of the occupying household;

- the landlord intends to sell the dwelling within the next 9 months;

- the landlord requires the dwelling for own or family member occupation;

- vacant possession is required for substantial refurbishment of the dwelling; and/or

- the landlord intends to change the use of the dwelling.

Under section 34(b), a landlord may terminate a Part 4 tenancy at the end of its term for a reason other than those listed in the aforementioned Table.

  The Residential Tenancies Act 2020 was enacted and came into operation on 24 October 2020 to temporarily modify the operation of the Residential Tenancies Acts  to prevent any notices of termination served by landlords, in all but limited cases, from taking effect in geographical locations and during periods specified by the Minister for Health in Regulations made by him under section 31A of the Health Act 1947 in respect of which a restriction applies on the movement of people outside a 5 km radius of their place of residence to help protect the population from the spread of Covid-19. These tenancy protections also apply during the 10 days directly following the period specified by the Minister for Health in the aforementioned Regulations. The most recent tenancy protections that applied on foot of a 5km travel restriction covered the period from 31 December 2020 to 22 April 2021. If the Minister for Health makes regulations restricting movement outside a 5 km radius of one's place of residence in the future, the moratorium on evictions will automatically apply in the relevant area during the relevant period. 

The Residential Tenancies and Valuation Act 2020 introduced permanent protections to provide new procedures to be followed in the context of rent arrears warnings and associated tenancy terminations.

Any notice of termination grounded on rent arrears must be copied to the Residential Tenancies Board (RTB) and will be invalid if it is not so copied. A notice of termination grounded on rent arrears can only be served by a landlord on the condition that a written rent arrears warning was given to both the tenant and the RTB and that the arrears were not paid within 28 days (doubled from 14 days since 1 August 2020) following receipt of the warning by the tenant or by the RTB, whichever occurs later.

The RTB will acknowledge receipt of any rent arrears warning to the landlord and tenant and provide the tenant with written information to enable them to get advice from the Money Advice and Budgeting Service (MABS) and on the income and other supports available. If the tenant agrees, the RTB can help them to engage with MABS to resolve their rent arrears and sustain their tenancy. The aim of the new procedures is to ensure that early action is taken to address rent arrears, to the benefit of both the tenant and the landlord.

Where a tenancy is to be terminated on grounds of rent arrears on foot of Covid-19, enhanced protections and procedures now apply for tenants and landlords under Part 3 (Residential Tenancies) of the Planning and Development, and Residential Tenancies, Act 2020 (the PDRTA).  The PDRTA provides for temporary modifications to the operation of the Residential Tenancies Act 2004 to provide, subject to certain conditions, that during the period from 11 January 2021 to 12 January 2022 a 90 day (rather than the usual 28 days) termination notice period applies, where a tenant is in rent arrears due to Covid-19 and is at risk of losing their tenancy. The earliest termination date allowed in such circumstances is 13 January 2022. Rent increases are also prohibited for relevant tenancies until 13 January 2022.

The targeted ban on rent increases under the PDRTA is due to expire on 12 January 2022. The Government will consider what measures, if any, are required after this date to support tenants in financial difficulty due to Covid-19.

The Residential Tenancies Board displays comprehensive information on its website - www.rtb.ie  - including guidance and frequently asked questions documents relating to terminating tenancies during the Covid-19 pandemic.

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