Written Answers Nos. 102-121
102. Deputy Emer Higgins asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will seek a reversal of Fáilte Ireland’s decision to disband its food and drink team; and if she will make a statement on the matter. [51482/21]
View answerThe issue raised by the Deputy is an operational matter for Fáilte Ireland and I have referred the Deputy's question to the agency for direct reply. Please advise my private office if you do not receive a reply within ten working days.
103. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her attention has been drawn to the case of a person (details supplied); the process by which such an exclusion was made in this instance and could be made for others; the forms of entertainer other than musician, singer and ancillary crew for music that are eligible for the music and entertainment business assistance scheme; and if the term entertainment is limited to music and therefore not an accurate description of the intended recipients of the scheme. [51571/21]
View answerI am acutely aware of the devastating impact the COVID-19 pandemic has had on the arts/culture and live entertainment sectors. I have engaged with numerous stakeholders in the sector during the course of the pandemic to ensure that appropriate supports were put in place.
To support the industry through this difficult period I have to date allocated funding for a suite of measures designed to sustain and support live performance and employment opportunities in the sector, including the Music and Entertainment Business Assistance Scheme (MEBAS).
The aim of the MEBAS scheme is to make a contribution to the overheads of businesses, whether sole traders, partnerships or incorporated entities operating exclusively within the live entertainment sector. Businesses of musicians and singers of all genres are eligible to apply, as are sound engineers, lighting engineers, audio engineers, stage managers, stage technicians, sound and lighting equipment suppliers, live-streaming equipment suppliers and full-time Disc Jockeys.
The initial phase of this scheme closed for applications on 30 September and I was pleased to launch a second phase of this scheme earlier this month.
The application the Deputy refers to relates to business activity outside the scope of this scheme. Officials in my Department have engaged with the applicant in relation to their application and the appeals process for this scheme.
104. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if the drainage and or reclamation of peatland systems in which more than two hectares of wetland habitat are affected fall under Schedule 5, Part 2, (1) Agriculture, Silviculture and Aquaculture (c) Development and if not, the reason therefor. [51581/21]
View answerSchedule 5 of the Planning and Development Regulations 2001, as amended (the Regulations), and as referred to by the Deputy, is related to environmental impact assessment (EIA). The general provisions for which are set out in Section 172(1)(a) of the Planning and Development Act 2000 (the Act) as amended.
In accordance with the Act, an EIA must be carried out by a planning authority or An Bord Pleanála, as the case may be, in respect of an application for consent for proposed development of a class specified in Schedule 5 to the Regulations which
- equals or exceeds a quantity, area or other limit specified in that Schedule (the EIA threshold) or
- where no quantity, area or other limit is specified in that Part in respect of the development concerned.
In the case of sub-threshold development, an EIA will be required where it is concluded, determined or decided, as the case may be, by the relevant competent authority that the proposed development is likely to have a significant effect on the environment.
Schedule 5 of the Regulations transposes the list of projects in Annexes I and II of the EIA Directive and sets out the projects requiring an EIA to be carried out by the relevant competent authority.
“Wetlands” are defined in Article 5(1) of the Regulations as natural or artificial areas where biogeochemical functions depend notably on constant or periodic shallow inundation, or saturation, by standing or flowing fresh, brackish or saline water. In Class 1 of Part 2 of Schedule 5 to the Regulations, the relevant EIA threshold for "Agriculture, Silviculture and Aquaculture" for the purposes of Section 176 of Act, are set out. This includes at class (1)(c) development consisting of the carrying out of drainage and/or reclamation of wetlands where more than 2 hectares of wetlands would be affected. Exempted development thresholds for development consisting of the carrying out of drainage and/or reclamation of wetlands are set out at Class 11 of Part 3 of Schedule 2 of the Regulations.
Peat extraction is contained in the Planning and Development Regulations 2001 as a different class of development to the ‘drainage or reclamation of wetlands’ . “Peat extraction” is defined in Article 3(3) of the Regulations as including any related drainage of bogland. The EIA threshold for peat extraction, persuant to section 176 of the Act, is set out in in class 2(a) of Part 2 of Schedule 5 of the Regulations, and the exempted development thresholds for peat extraction are set out at Class 17 of Part 3 of Schedule 2 of the Regulations.
The interpretation and application of planning legislation, including environmental impact assessment requirements, in any individual case is the function of the planning authorities and An Bord Pleanála, having regard to the particulars of the proposed development in question. Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
105. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if he will temporarily suspend the limitations of usage on holiday homes in order to permit prospective tenants to reside in them in order to alleviate the housing crisis; and if he will make a statement on the matter. [51586/21]
View answerUnder the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.
In some cases, when the initial planning permission for a holiday home is sought, planning authorities have additionally specified by way of planning condition (such as an occupancy clause) that such holiday homes cannot be used for permanent residential purposes. It is considered that a change of use of a holiday home to a place of permanent residence would be a material change of use requiring planning permission. The carrying out of a material change of use from holiday home to a place of permanent residence without obtaining planning permission could be considered unauthorised development and subject to enforcement proceedings by the relevant planning authority under planning legislation.
If the owner of a holiday home wishes for the premises to be used as place of permanent residence, then they may lodge a planning application to the relevant planning authority for a change of use from holiday home to residential use. It is a matter for the planning authority to decide such applications on a case by case basis. When considering an application for planning permission for residential development or change of use, the planning authority is required to consider the local housing needs requirements policy as set out in the authority's Development Plan.
It should be noted that holiday homes are often located in more remote areas and/or may be on land which is specially zoned for such development in the Development Plan and/or Local Area Plan, e.g. a “resort” zoning, and which therefore may not be suitable for permanent residential development. Different design layouts and standards may also be applied to holiday homes than to permanent residential development and the planning authority’s policies on rural housing may also apply differently to holiday homes than to permanent residential development, all of which the planning authority would have to consider when making a decision on a change of use application. Consequently, a proposal to change a holiday home to permanent residential housing could be found to be contrary to the principles of proper planning and sustainable development of the area in question.
I have no plans to amend the existing provisions in this regard at this point in time.
106. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if he or any official from his Department has held meetings or conducted correspondence with a company (details supplied) from 1 January 2017 to date; if his Department has engaged the services of the company for any purposes from 1 January 2017 to date; if so, the nature of such services and the costs incurred; if a tender process was conducted; and if he will make a statement on the matter. [51357/21]
View answerThe information requested in relation to my Department is currently being compiled in my Department and will be forwarded to the Deputy in accordance with Standing Orders.
107. Deputy Michael Fitzmaurice asked the Minister for Housing, Local Government and Heritage the percentage of planning applications which have been screened for appropriate assessments in the past 12 months; and if he will make a statement on the matter. [51402/21]
View answerPlanning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website, at the following link:
www.gov.ie/en/service/9e4ee-get-planning-statistics/ .
The data collected relates to the total number of applications and decisions for all developments that require planning permission, broken down by year and planning authority but does not include specific information on appropriate assessments. Such information may be sought directly from the relevant planning authority.
However, section 177U of the Planning and Development Act 2000, as amended, provides that every application for consent for a proposed development must be screened for appropriate assessment in order to assess, in view of best scientific knowledge, whether the proposed development would be likely to have a significant effect on a designated or candidate European site. Screening for appropriate assessment must be carried out by the relevant competent authority before consent for a proposed development is given.
108. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide an update on the recently announced comprehensive review of planning legislation; the details on those that are involved in the group conducting the review; the terms of reference; the timeline for completion of the review; and if there will be an opportunity for third party and Oireachtas Committee on Housing, Local Government and Heritage involvement in the review before it makes any recommendations to Government. [51459/21]
View answerHousing for All sets out a number of objectives with the aim of improving the functioning of the planning system including the comprehensive review and consolidation of planning legislation. The review is being overseen by the Attorney General and he has established a working group of professionals with planning law expertise to assist him in this work.
The review forms one of the actions in Housing for All and is set in the context of the broad policy outlined therein and it is intended that it will be completed by December 2022.
My Department is currently establishing a Planning Advisory Forum which will be a key element of the planning review. It will manage the stakeholder engagement through the process and will be chaired by my colleague, Peter Burke, Minister of State with responsibility for Planning and Local Government. The overall aim of the planning review is to ensure the clarity and coherence of the legislation, and will aim to avoid unnecessary change. However, if significant policy issues emerge through this process, my Department will consider the need for consultation beyond the Planning Advisory Forum.
The primary aim of the Forum will be to engage with stakeholders on themes to input into the review of planning legislation. It is intended that the Forum will have a wide stakeholder membership to input to the evolving policy and legal agenda, with representatives from a broad range of sectors, including representation from the public sector, business, environmental, social and knowledge based sectors. My Department will shortly be contacting various groups and interested bodies to ask them to participate in it.
Pre-legislative scrutiny will be undertaken on any proposed legislation arising out of the review of planning legislation and views of the Committee on Housing, Local Government and Heritage will be considered as part of that process.
109. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage if an update will be provided on the Moorhead Report; and when the circular will be issued in relation to councillor's expenses and gratuities. [51531/21]
View answerOn 1 July 2021, I, with the agreement of Mr Michael McGrath TD, Minister for Public Expenditure and Reform, gave effect to new regulations made under section 142 of the Local Government Act 2001, as amended. The new regulations implemented proposals approved by Government to reform the remuneration payable to local councillors, which rebalanced financial supports away from expenses allowances in favour of more normal, taxable salaried income. This is in line with the Programme for Government commitment to implement the Moorhead Report within 12 months.
A circular was issued by my Department to local authorities on 30 June 2021 to notify them of the new regulations and the main provisions therein. Currently there is ongoing consultation between my Department and the Revenue Commissioners regarding the specific expenses and allowances payable to elected members. A further circular will issue to local authorities as soon as possible once this process has concluded.
In addition, a working group of key local government stakeholders, including councillor representative organisations, was established earlier this year tasked with drawing up an Action Plan for examination and implementation of the non-pay related recommendations in the Moorhead Report. An Action Plan was approved by the working group before the summer and the group has now turned its attention to the implementation of the actions agreed.
Addressing these non-pay issues, together with the significant pay reforms that were approved by Government and brought into effect on 1 July 2021, will facilitate the retention of existing councillors, while also maximising the accessibility of local government to future candidates.
110. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage the status of the completion of the updated guidelines for rural planning; the expected timeframe for publication; and if he will make a statement on the matter. [51612/21]
View answerThe Guidelines for Planning Authorities on Sustainable Rural Housing 2005, were issued under section 28 of the Planning and Development Act 2000 and require planning authorities to frame the planning policies in their development plans in a balanced and measured way that ensures the housing needs of rural communities are met, while avoiding excessive urban-generated housing. The Guidelines are available on the Government’s website at the following link: www.gov.ie/en/publication/23809-sustainable-rural-housing-development-guidelines/.
Since 2018, the National Planning Framework (NPF) is the national planning policy document providing overall strategic policy for the future development of Ireland. National Planning Objective (NPO) 19 aims to ensure that a policy distinction is made between areas experiencing significant ‘overspill’ development pressure from urban areas within the commuter catchment of cities, towns and centres of employment, on the one hand, and remoter rural areas where population levels may be low and or declining, on the other.
NPO 19 is aligned with the established planning approach as per the 2005 Guidelines, whereby considerations of social (intrinsic part of the community) or economic (persons working full or part-time) need may be applied by planning authorities in certain rural areas under urban influence in order to prevent urban sprawl.
A working group was established to review and, where necessary, recommend changes to the 2005 Guidelines and this group met on five occasions between May 2017 and January 2019. During this period, in 2018, the National Planning Framework (the NPF) was published and provides an important strategic basis for interpreting the 2005 Guidelines. National Policy Objective (NPO) 15 of the NPF fully supports the concept of the sustainable development of rural areas by encouraging growth and arresting decline in areas that have experienced low population growth or decline in recent decades, while simultaneously indicating the need to manage certain areas around cities and towns.
Updated Rural Housing Planning Guidelines are currently being prepared by my Department to ensure consistency with new requirements and legislation at national and EU level introduced in respect of areas related to rural housing such as environmental protection, the Gaeltacht and climate action. The new guidelines will ensure a more consistent approach between counties and alignment with NPF objectives, and will be prepared in draft before the end of 2021.
111. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will provide a detailed explanation of the off-balance sheet techniques used by him or his officials, as referred to recently (details supplied), to benefit foreign investors and confer on them an advantage over Irish retail customers. [51674/21]
View answerThe Government’s new housing plan Housing For All (HfA) will see an increased provision of social housing with a much greater emphasis on new build by Local Authorities and an ending of long-term leasing of private accommodation by Local Authorities through phasing out new leasing projects and focussing on new-build to provide social homes.
During the lifetime of HfA, there will be a total of 3,500 homes secured through long term leasing. The overall annual targets will decrease from 1,300 homes in 2022 to 200 homes in 2025. The phasing out of leasing will allow us to address a greater proportion of social housing need in the short run within a tight budgetary environment whilst the other benefits of HfA are being realised. As the programme is wound down, the additional units delivered through leasing in an off-balance sheet way will free up fiscal space for other spending requirements, including the housing capital programmes.
My Department is opposed to institutional investors purchasing inappropriate properties such as housing estates in bulk where there is no evidence of real additional supply. The Government has clearly signalled that they should not be competing with first time buyers and other home purchasers, and have taken urgent actions through a mix of planning and taxation measures to ensure this.
However, it should be noted that institutional investment in leasing represents a small proportion of total leasing output to date and an even smaller proportion of total housing output, although interest and engagement has been increasing. According to CBRE, the total number of residential units under institutional ownership in Ireland is estimated to be greater than 15,550 at the end of 2020 which equates to less than one percent of the total housing stock in Ireland (and approximately 5% of all rental tenancies). Also, a report by the Department of Finance in 2019 found that the combined purchasing activity of institutional investment in the general housing market was low – some 1% of total activity in 2017.
112. Deputy Carol Nolan asked the Minister for Foreign Affairs if he or any official from his Department has held meetings or conducted correspondence with a company (details supplied) from 1 January 2017 to date; if his Department has engaged the services of the company for any purposes from 1 January 2017 to date; if so, the nature of such services and the costs incurred; if a tender process was conducted; and if he will make a statement on the matter. [51355/21]
View answerMy Department has not held meetings or conducted correspondence with the company referred to by the Deputy nor has it engaged the services of that company for any purposes from 1 January 2017 to date.
113. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs if his attention has been drawn to the six Palestinian prisoners who are on hunger strike to protest their administrative detention and imprisonment without charges or formal trial; and if he will make a statement on the matter. [51389/21]
View answerI am aware of the cases to which the Deputy refers, including the concerns raised by the International Committee of the Red Cross regarding the health of two of the detainees. Irish officials are monitoring this matter closely, in cooperation with partners on the ground.
Ireland, and our partners across the EU, have repeatedly raised the treatment of Palestinian prisoners with the Israeli authorities. Ireland and the EU also provide financial support to Israeli and Palestinian civil society partners who are active in bringing these issues to light.
At the Human Rights Council, Ireland has called on the Israeli authorities, in accordance with their obligations under Article 9 of the UN International Covenant on Civil and Political Rights, to refrain from conducting arbitrary arrests and to follow the acceptable procedure established by law regarding arrest and detention, most recently at the 46th session of the Council in February.
I, and my officials, regularly raise human rights issues in Israel and the occupied Palestinian territory at the highest levels, and have done so directly with Israeli counterparts. I will continue to press on these issues.
114. Deputy Jennifer Whitmore asked the Minister for Foreign Affairs the current waiting list for passport applications for applicants resident in County Wicklow; and if he will make a statement on the matter. [51423/21]
View answerThere are currently 2,192 passport applications from County Wicklow on hand with the Passport Service. All passport applications are processed based on date of receipt and application type irrespective of country or county of origin.
The current Passport processing turnaround times are:
10 working days for Simple Adult renewals,
15 working days for Complex renewals,
40 working days for First Time applications on Passport Online and
8 weeks for applications received via AN Post’s “Passport Express” service
Almost 45% of passports for simple adult renewals continue to issue within one business day while more complex applications take longer.
The Passport Service is currently experiencing a high demand for first time passports. In order to protect the integrity of the Irish Passport, such applications require careful processing to validate the identity of the applicant and their entitlement to Irish citizenship for the first time. Additionally, in the case of children, consent of all guardians, must be validated.
In line with our continued scaling up of services, the Passport Office in Mount Street resumed its Urgent Appointment Service for renewal of Passports on Monday, 27 September 2021. This service is available to people who unexpectedly require their passport renewed at short notice and opt for this fee-based service to do so. To avail of this service, members of the public can visit my Department's website at www.dfa.ie/passports and book an appointment to attend the public office in Mount Street, Dublin 2. The service is available for two types of appointment: same-day turnaround and four-day turnaround. A fee applies to the appointment service, relative to how quickly a passport renewal is required.
The Passport Service continues to maintain its emergency service for those who require a passport for a medical emergency or death of a family member abroad.
115. Deputy Michael Collins asked the Minister for Foreign Affairs if a passport will be expedited for a person (details supplied); and if he will make a statement on the matter. [51469/21]
View answer116. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the status of a passport application by a person (details supplied); and if he will make a statement on the matter. [51508/21]
View answer117. Deputy Jennifer Whitmore asked the Minister for Foreign Affairs if a passport will be issued in the case of a person (details supplied); and if he will make a statement on the matter. [51566/21]
View answer118. Deputy Jennifer Whitmore asked the Minister for Foreign Affairs if a passport will be issued in the case of a person (details supplied); and if he will make a statement on the matter. [51567/21]
View answerI propose to take Questions Nos. 115, 116, 117 and 118 together.
With regard to the specific applications about which the Deputies have enquired, the Passport Service has provided an update on the status of the passport application to the applicant.
The current turnaround times are 10 working days for Simple Adult renewals, 15 working days for Complex renewals, 40 working days for First Time Applications on Passport Online and 8 weeks for Passport Express for applications which have been completed correctly.
119. Deputy Jennifer Whitmore asked the Minister for Foreign Affairs if a passport will be issued in the case of a person (details supplied); and if he will make a statement on the matter. [51568/21]
View answerWith regard to the specific application about which the Deputy has enquired, the Passport Service has issued a passport to the applicant.
120. Deputy Carol Nolan asked the Minister for Defence if he or any official from his Department has held meetings or conducted correspondence with a company (details supplied) from 1 January 2017 to date; if his Department has engaged the services of the company for any purposes from 1 January 2017 to date; if so, the nature of such services and the costs incurred; if a tender process was conducted; and if he will make a statement on the matter. [51350/21]
View answerMy Department has not held meetings or conducted correspondence with the company referred to by the Deputy nor has it engaged the services of that company for any purposes from 1 January 2017 to date.
121. Deputy Sorca Clarke asked the Minister for Defence the progress made in the appointment of a confidential contact person for survivors of abuse, harassment and bullying within the Defence Forces; and if he will make a statement on the matter. [51690/21]
View answerAs the Deputy is aware, I met recently with participants from the Women of Honour group and a group of serving female members of the Defence Forces, where I had the opportunity to listen carefully to their experiences, in what were very informative meetings. In addition, participants from the Women of Honour group have met with the Secretary General and senior officials from my Department and I understand these were also productive meetings.
I have given a commitment that an Independent Review will be will be undertaken by external and entirely independent and unbiased experts in this field, to examine the effectiveness of the policies, systems and procedures currently in place for dealing with bullying, harassment, discrimination, sexual harassment and sexual assault in the Defence Forces. I will shortly be inviting the participants of Women of Honour Group, serving members of the Defence Forces and other stakeholders, including the Representative Associations to input into the finalisation of the Terms.
I have also recently announced on 6 October last, interim measures to support both former and serving members of the Defence Forces who have been affected by unacceptable behaviour in the workplace. Former members of the Defence Forces, both male and female, affected by any of the issues raised, are being advised to note details of these supports.
An agreement has been reached with Raiseaconcern, an organisation working with private sector and public bodies on issues relating to workplace wrongdoing, on the appointment of an external and independent Confidential Contact Person (CCP) who will be available to assist members of the Defence Forces who may find themselves the victim of bullying, harassment, sexual harassment or discrimination in the workplace. This will provide a safe place to support the reporting of alleged wrongdoing.
The Confidential Contact Person (CCP) will be available to serving and former members of the Defence Forces, both female and male, on a confidential basis. Their role is to listen and assist callers in documenting their allegations and provide guidance on follow-on options open to them. These options will differ depending on whether the individual involved is a serving or former member of the Defence Forces and on the nature of the allegations. This will allow each individual to make an informed decision in relation to next steps regarding their allegations. The CCP facility is currently up and running.
In addition, I have announced that my Department and the Defence Forces are engaging with the Dublin Rape Crisis Centre in terms of assistance for both serving and former personnel who have suffered sexual harassment, sexual assault, or rape, in the workplace.
Raiseaconcern will be providing me with an anonymsed report on the nature and type of calls to the CCP and this will be an important aid in informing the upcoming Independent Review.
