Thursday, 27 Jan 2022

Written Answers Nos. 181-201

Financial Services

Questions (183)

Pearse Doherty

Question:

183. Deputy Pearse Doherty asked the Minister for Finance the reason the levels of compensation or redress with respect to complaints made against a pension provider under subsections 4 and 5 of section 61 of the Financial Services and Pensions Ombudsman Act 2017 are less than that with respect to other financial service providers; the rationale for the provision that redress shall not exceed any actual loss of benefit under the scheme concerned in subsection 5 of section 61; if he or his Department have considered amending this provision; and if he will make a statement on the matter. [4216/22]

Written answers

Minister for Finance

Firstly, I must point out that the Financial Services and Pensions Ombudsman (FSPO) is independent in the performance of his statutory functions. I have no role in the day to day workings of the office or in the decisions which he takes.

The redress that can be directed by the Financial Services and Pensions Ombudsman is outlined in the Financial Services and Pensions Ombudsman Act 2017, as amended (‘the Act’).

In drafting this legislation, my Department reviewed the legislation underpinning the Pensions Ombudsman (the Pensions Act 1990, inserted by the Pensions (Amendment) Act 2002), and the Financial Services Ombudsman, (Part 7 of the Central Bank Act 1942, as inserted by the Central Bank and Financial Services Authority of Ireland Act 2004). In a number of areas the different treatment of the two respective categories of Financial Services and Pensions was maintained.

Therefore, different rules continue apply in relation to financial redress in respect of financial services and pension providers which reflects the different characteristics of pension products and other financial products and services.

However it is important to note that financial redress is not the only option available to the FSPO to address complaints in relation to financial services and pension providers. The objective of the Office is broader than the provision of financial redress.

The role of the FSPO is to resolve complaints from consumers through independent, fair, impartial, confidential and free service. For some consumers this may be an informal process, for others it may involve mediation, investigation, decision and settlements or redress.

While there is no plans to amend the FSPO Act at this time, the Department continually reviews all consumer protection legislation, including the FSPO Act, under our remit to ensure that a comprehensive framework is in place which provides adequate protections for consumers in respect of regulated financial services.

Covid-19 Pandemic

Questions (184, 185, 186, 187)

Dara Calleary

Question:

184. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform his views on whether members of An Garda Síochána are doing vital work during the pandemic and that they are public facing; if he made a case for their inclusion in the Covid pandemic bonus payment in this context; if so, the details of the case he made; if not, the reason; and if he plans to pursue the issue via the Government appointed panel. [4097/22]

Paul Murphy

Question:

185. Deputy Paul Murphy asked the Minister for Public Expenditure and Reform if he will consider in relation to the Covid recognition payment including other workers that have also had to attend work throughout the lockdown periods such as security guards. [3977/22]

Paul Murphy

Question:

186. Deputy Paul Murphy asked the Minister for Public Expenditure and Reform if he will consider in relation to the Covid recognition payment including other workers that have also had to attend work throughout the lockdown periods such as catering workers that fed staff and patients throughout the pandemic. [3978/22]

Peter Burke

Question:

187. Deputy Peter Burke asked the Minister for Public Expenditure and Reform if he will consider extending the €1,000 bonus to prison officers who continued to work all through the pandemic and who would be responsible for bringing prisoners into hospitals and remaining with them for their stay in hospital (details supplied). [4008/22]

Written answers

Minister for Public Expenditure and Reform

I propose to take Questions Nos. 184 to 187, inclusive, together.

There are many thousands of people across the country who went above and beyond over the course of the last two years. The continued contribution of so many people in all walks of life has been essential to getting us through this difficult time. Collaboration and solidarity have been the hallmark of our national approach to COVID-19 and the measures announced on 19 January are true to those principles.

After careful consideration, the Government made the decision to give all the people of Ireland a national day of recognition and commemoration on the 18th of March this year, and another permanent public holiday in February commencing in 2023.

The Government took many factors into consideration when coming to a decision in relation to any additional recognition measure for specific sectors, however it ultimately agreed that acknowledging certain frontline healthcare workers in the public sector and in private nursing homes and hospices in particular was the most fair and appropriate, whilst acknowledging all other healthcare workers and sectors with the public holidays.

This is a balanced package of measures that will benefit all workers across the economy, while also recognising in particular the risks faced by certain frontline healthcare workers during this pandemic.

Question No. 185 answered with Question No. 184.

Question No. 186 answered with Question No. 184.

Question No. 187 answered with Question No. 184.

Departmental Data

Questions (188)

Carol Nolan

Question:

188. Deputy Carol Nolan asked the Minister for Public Expenditure and Reform if his Department has commissioned any polling of the general public related to possible or existing policies within the remit of his Department for the period 1 January 2021 to date; if so, if he will provide details of the policies; the costs incurred for each individual poll; and if he will make a statement on the matter. [4049/22]

Written answers

Minister for Public Expenditure and Reform

I wish to advise the Deputy that no policy specific polling of the general public has been conducted by my Department during the period specified. This is also the case for the Office of Government Procurement, which is also part of my Department.

Weather Events

Questions (189)

Catherine Murphy

Question:

189. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the reason that there are only 25 entries from Ireland on the global database on extreme weather events EM-DAT for the period 1900-2021 while many of the proposed entries by EM-DAT appear empty, for example, the cost of damages, lives lost and so on in the context of the national long-term climate action strategy required under section 3(2)(d) of the Climate Action and Low Carbon Development Act 2015 (as amended); and if he will make a statement on the matter. [4161/22]

Written answers

Minister for Public Expenditure and Reform

My Department does not hold the information referred to, nor have responsibility in this area. The matters are more appropriately directed to the Departments of Environment, Climate and Communications and Housing, Local Government and Heritage.

Weather Events

Questions (190)

Catherine Murphy

Question:

190. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the status of the work underway regarding the monitoring of extreme weather events; if he will report on the impact of same on social, economic and environmental and heritage losses on a functioning database similar to the EM-DAT, the global database on extreme weather events, in the context of the national long-term climate action strategy required under section 3(2)(d) of the Climate Action and Low Carbon Development Act 2015 (as amended); and if he will make a statement on the matter. [4162/22]

Written answers

Minister for Public Expenditure and Reform

My Department does not have responsibility for the areas referred to. These matters come under the remit of the Departments of Environment, Climate and Communications and Housing, Local Government and Heritage.

Flood Risk Management

Questions (191)

Catherine Murphy

Question:

191. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the way in which he intends to remedy those cases in which the loss of social, economic or environmental and natural heritage occur from flooding in the context of the national long-term climate action strategy that is required under section 3(2)(d) of the Climate Action and Low Carbon Development Act 2015 (as amended), for flood mitigation which is not deemed suitable to be financed through a cost-benefit analysis; the relief that will be offered to those that will and already are experiencing adverse impacts as a result of flooding; and if he will make a statement on the matter. [4163/22]

Written answers

Minister of State at the Department of Public Expenditure and Reform

Managing Ireland’s flood risk is a long-term commitment, requiring a multi-sectoral approach through both capital infrastructural measures and non-infrastructural measures.

Before I provide you with some information on the humanitarian assistance available from a number of sources in the worst case situation of properties affected by flooding, I would like to give you a broader context of the policies and investment in place to protect people and properties from future flooding.

Following on from the review of national flood policy, launched in 2018, the OPW Flood Risk Management Plans (FRMPs) are a roadmap for flood risk management measures that, in conjunction with flood risk schemes already constructed, will provide protection to approximately 95% of properties assessed to be at significant flood risk.

Building on the FRMPs, the OPW has published a Climate Change Sectoral Adaptation Plan for Flood Risk Management 2019 - 2024, in line with the requirements of the National Adaptation Framework and the Climate Action Plan 2019 . The Sectoral Plan approved by Government in October 2019 includes twenty-one actions to meet the objectives of ongoing research and assessment, adapting flood risk management practice across Government to effectively manage the potential impacts of climate change on future flood risk.

In addition, other sectoral adaptation plans include important actions in relation to flooding and flood risk. The Climate Change Sectoral Adaptation Plans for Biodiversity, and for the Built and Archaeological Heritage which are under the remit of the Department of Housing, Local Government and Heritage contain actions in relation to adaptation of the built and natural heritage in the context of potential impacts from flooding and flood risk. The Sectoral Adaptation Plans are available at www.gov.ie/en/collection/51df3-sectoral-adaptation-planning/.

The Climate Action Plan 2021 lists the actions needed to deliver on Ireland’s climate targets and sets indicative ranges of emissions reductions for each sector of the economy. The Plan will be updated annually, including in 2022, to ensure alignment with legally binding economy-wide carbon budgets and sectoral ceilings.

The OPW is co-ordinating Ireland’s whole of Government approach to flood risk management through the Interdepartmental Flood Policy Co-ordination Group, across the following strategic and policy areas:

- Prevention - avoiding construction in flood-prone areas.

- Protection - taking feasible measures to protect areas against flooding.

- Preparedness - planning and responding to reduce the impacts of flood events.

The members of this Interdepartmental Group are proactively progressing a wide range of significant policy initiatives, for example:

- The Department of Social Protection has an important role in assisting households in the immediate aftermath of emergency events through the Humanitarian Assistance Scheme. The purpose of this scheme is to prevent hardship by providing income-tested financial support to people whose homes are damaged from flooding and severe weather events and who are not in a position to meet costs for essential needs, household items and structural repair.

- The Department of Enterprise, Trade and Employment operates the humanitarian support scheme for small businesses, community, voluntary and sporting bodies provides assistance to those affected by flooding. The scheme provides a one-off emergency humanitarian support contribution (max. €20,000) towards the costs of returning business premises’ to their pre-flood condition including the replacement of flooring, fixtures and fittings and damaged stock.

- The Department of Rural and Community Development has developed a draft Framework Proposal for Community Resilience within Major Emergency Management. The draft Framework explores the potential additional support structure that can be built into existing response plans, facilitating greater co-operation and understanding at a local level while providing the potential for extra resources if, and when, required.

- The Department of Housing, Local Government and Heritage is designated as the Lead Government Department with responsibility for severe weather events including flooding. Local Authorities are designated as the lead agency for response to flooding in the Framework for Major Emergency Management.

- The Department of Housing, Local Government and Heritage published the Planning System and Flood Risk Management Guidelines for Planning Authorities in November 2009. The Guidelines provide for the incorporation of flood risk identification, assessment and management into the planning process.

Departmental Data

Questions (192)

Carol Nolan

Question:

192. Deputy Carol Nolan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if her Department has commissioned any polling of the general public related to possible or existing policies within the remit of her Department for the period 1 January 2021 to date; if so, if she will provide details of the policies; the costs incurred for each individual poll; and if she will make a statement on the matter. [4052/22]

Written answers

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media

My Department utilises a broad range of different types of information to inform policy, including data from the CSO and other public bodies, data collected as part of the implementation of Departmental programmes and data collected by its agencies. This latter category may include data collected through public surveys including, for example, the Arts during Lockdown National Survey, conducted on behalf of the Arts Council and the Irish Sports Monitor, conducted on behalf of Sport Ireland.

Consultation with stakeholders and the public also typically forms part of the Department's policy development process and may take a number of forms depending on the policy and sector involved. The most recent example of such engagement is the stakeholder engagement forum and online public consultation as part of the development of the pilot basic income scheme for the arts. For the online public consultation, members of the public and organisations were invited to make submissions in response to a published consultation document.

My Department has not, however, commissioned any specific polling of the general public in the period in question.

Proposed Legislation

Questions (194, 195)

Aengus Ó Snodaigh

Question:

194. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the way the transfer of the National Symphony Orchestra from RTÉ to the National Concert Hall has taken place prior to the National Concert Hall has taken place prior to the National Cultural Institutions (National Concert Hall) (Amendment) Bill 2022 coming before the Houses of the Oireachtas; and the reason the Bill remains necessary given that the transfer is complete. [4217/22]

Aengus Ó Snodaigh

Question:

195. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she has brought the national cultural institutions (national concert hall) (amendment) Bill to Government yet given her stated expectation that she would do so in September 2021. [4218/22]

Written answers

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media

I propose to take Questions Nos. 194 and 195 together.

On 19 January 2022, the Government agreed to the operational transfer of the RTÉ National Symphony Orchestra (NSO) and Choirs from RTÉ to the National Concert Hall (NCH) with effect from 24 January 2022. At this meeting, the Government also agreed the General Scheme of the National Cultural Institutions (National Concert Hall) Amendment Bill 2022 providing for an amendment to the National Cultural Institutions (National Concert Hall) Act 2015, and providing for an Amendment to the Broadcasting Act 2009.

The existing provisions of the National Concert Hall Act 2015 are considered broad enough to include the transfer of the NSO as part of the NCH's brief to promote and support the performance of music supported by the express power to enter into arrangements for this purpose. It was on this basis that the transfer was agreed by Government, in advance of amending the NCH Act.

The Government considers it desirable to amend the Act of 2015 and the Broadcasting Act 2009 to expressly give the NCH the power to own and maintain an orchestra. In this regard the General Scheme of the National Cultural Institutions (National Concert Hall) Amendment Bill 2022 will shortly be submitted to the Joint Committee on Tourism, Culture, Arts, Sport and Media for pre-legislative scrutiny.

The decision to transfer the NSO at this time will have a positive impact on the operation of the orchestra including in relation to recruitment. At present, the playing complement is below that required to perform the full repertoire of classical programming, leading to a reliance on casual performers supplementing the members of the orchestra for many performances. This lent urgency to the task of enabling the NCH to commence the process of restoring the orchestra to full strength and their being empowered to deliver on the artistic vision outlined in the Boaden report.

Question No. 195 answered with Question No. 194.

Departmental Expenditure

Questions (196)

Aengus Ó Snodaigh

Question:

196. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the way the €8 million allocated to the National Concert Hall to cover the costs of the National Symphony Orchestra in 2021 was spent given that the transfer of the National Symphony Orchestra from RTÉ to the National Concert Hall did not take place until 2022; and if a corresponding reduction in funding to RTÉ of €8 million was considered as part of budget preparations for that year. [4219/22]

Written answers

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media

On Wednesday 19th January 2022, the Government agreed to the transfer of the RTÉ National Symphony Orchestra and Choirs from RTÉ to the National Concert Hall with effect from 24 January 2022

It had originally been intended that the transfer would take place in 2021 and an amount of €8m was included in my Department's budget for this purpose. For various reasons it was not possible to complete the transfer during 2021 and the majority of funding was applied to other expenditure needs within my Department's Vote in accordance with public financial procedures.

RTÉ is funded through a mix of public funding and commercial revenues. The public funding element is derived from the receipts in respect of television licence fees each year, and is provided for under Section 123 of the Broadcasting Act, 2009. The Broadcasting Act 2009 also sets out the public service objects and powers of RTÉ, including, under Section 98, its independence in the performance of their public service remit. Therefore I have no function in relation to operational activities, including the annual budgeting process.

Vacant Properties

Questions (197)

Thomas Pringle

Question:

197. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the reason that Dublin City Council cannot CPO a pub (details supplied) which has been lying idle in the heart of Finglas village for a decade, is on the derelict site register and the owner has not paid any of the €28,000 levy owed; and if he will make a statement on the matter. [4033/22]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

The Derelict Sites Act 1990 imposes a general duty on every owner and occupier of land to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. The Act also imposes a duty on local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site. Local authority powers include requiring owners or occupiers to take appropriate measures on derelict sites; acquiring derelict sites by agreement, or compulsorily; and applying a derelict sites levy on derelict sites.

It is a matter for local authorities to determine the most appropriate use of the legislation within their respective functional areas.

National Parks

Questions (198)

Michael Healy-Rae

Question:

198. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if the OPW has plans to carry out works on the pathway and roadway from the boathouse in the Killarney National Park to Torc Waterfall (details supplied); and if he will make a statement on the matter. [4148/22]

Written answers

Minister of State at the Department of Housing, Local Government and Heritage

The National Parks and Wildlife Service of my Department has undertaken a comprehensive road repair programme in Killarney National Park over the winter months. The section of roadway in question was included in this programme of works and is now completely resurfaced and finished to a very high standard. This area is well serviced by an adequate footpath and trail network, which joins the main cark park to Torc. Accordingly, it should not be necessary for visitors to park to walk on or share the roadway with the horse drawn carriages.

Housing Provision

Questions (199)

Cormac Devlin

Question:

199. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the status of a development (details supplied); and if he will make a statement on the matter. [4016/22]

Written answers

Minister for Housing, Local Government and Heritage

Approved Housing Bodies (AHBs) are making an important contribution to social housing delivery, as envisaged under the Housing for All Plan. The Government is committed to increasing social housing delivery and plans to deliver more than 90,000 social homes to 2030.

My Department operates a number of funding programmes that assist local authorities to work in partnership with AHBs to construct, purchase and lease new homes and make them available for social housing. One such programme that provides finance to assist AHBs progress construction projects is the Capital Advance Loan Facility (CALF).

CALF funding is capital support provided to Approved Housing Bodies (AHBs) by local authorities to facilitate the funding of construction, acquisition or refurbishment of new social housing units. This loan facility can support up to 30% of the eligible capital cost of the housing project, with the housing units provided to local authorities for social housing use under long-term lease arrangements known as Payment and Availability Agreements. A nominal interest rate of 2% fixed per annum is charged by the local authority on the initial capital amount. Repayments on either the capital or interest are not required during the term of the loan (between 10 and 30 years), although where an AHB chooses to, repayments can be made during the term. At the end of the term, the outstanding capital amount plus the interest accrued, is owed and repayable to the local authority. The local authority issues the CALF monies to the AHB and the local authority, in turn, recoups same from the Department.

With regard to the specific project mentioned by the Deputy, I can confirm that the project received conditional CALF funding approval in 2019 for 34 social housing homes. The most recent update from Co-Operative Housing Ireland is that they are currently working to progress the project to Tender stage, with expected final delivery in 2023. This project is being progressed with the support of the local authority.

My Department publishes a quarterly Social Housing Construction Projects Status Report, which sets out the continuing progress being made in advancing the national local authority and AHB new-build pipeline. The latest report, setting out the position at end Q3 2021, can be accessed at the following weblink:

www.gov.ie/en/collection/cb885-social-housing-construction-projects-status-reports/.

Housing Provision

Questions (200)

Cormac Devlin

Question:

200. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the status of the proposed public housing development at Shanganagh Castle, Shankill, County Dublin; and if he will make a statement on the matter. [4017/22]

Written answers

Minister for Housing, Local Government and Heritage

In July 2020 approval was granted by Cabinet to allow the Land Development Agency (LDA) and Dun Laoghaire Rathdown County Council (DLR) to proceed to tender for the construction of 597 units at Shanganagh Castle.

This flagship LDA project will deliver 597 homes on public land, combining social, cost rental and affordable homes in the first such development in the State. This important project is intended to act as a pathfinder for other mixed tenure schemes which are key to delivering public housing on public land.

This project will see the construction of 200 social housing units which will be funded through social housing capital funding. The remaining costs associated with the cost rental and affordable purchase homes will be met by Affordable Housing Fund.

The tender process is on-going and my Department are currently carrying out a preliminary review of the draft Final Business Case. Following tender reports and selection of the preferred bidder, planned for the end of March 2022, the LDA and DLR will submit the updated Final Business Case to my Department for review and approval. Following cabinet approval to proceed, construction is expected to commence in Q3 2022.

Departmental Data

Questions (201)

Carol Nolan

Question:

201. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if his Department has commissioned any polling of the general public related to possible or existing policies within the remit of his Department for the period 1 January 2021 to date; if so, if he will provide details of the policies; the costs incurred for each individual poll; and if he will make a statement on the matter. [4047/22]

Written answers

Minister for Housing, Local Government and Heritage

My Department has not commissioned any polling since 1 January 2021.

An online survey in relation to defects in housing on behalf of the working group established by me to examine defects in housing is being prepared by my Department with the support of the Housing Agency. It is intended to go live at the end of the month. The survey audience is homeowners and landlords of apartments and duplexes built between 1991-2013 and Owners’ Management Companies and Property Management Agents responsible for or managing such buildings. There are no external costs associated with this survey.