Written Answers Nos. 304-325
304. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage when his Department will be submitting requests for the 2022 – 2024 Multi Annual Rural Water Programme; when the announcements will be made and finalised; and if he will make a statement on the matter. [6010/22]
View answerIn April 2018, a Working Group was established to conduct a review of the wider investment needs relating to rural water services. The Group's aim is to recommend measures to ensure an equality of outcome between those who receive water services from Irish Water and non-Irish Water customers.
The terms of reference of the review provide for a two-strand approach. Strand 1 is considering the composition and distribution of funding for the upcoming Multi-Annual Rural Water Programme. Strand 2 is considering the more complex longer-focus issues surrounding the long-term future resourcing of the Rural Water Sector.
The Working Group is currently finalising a report on Strand 1 of its deliberations. The report, to be finalised in coming weeks, will make recommendations on the measures to be considered for funding under the upcoming multi-annual programme. Once I have received the report and had an opportunity to consider its recommendations, I expect to announce details of the programme priorities and an invitation to local authorities to submit bids will follow.
Following the receipt of bids, an Expert Panel will evaluate all appropriate bids, and based on the recommendations of the Panel a report will be submitted for my consideration and approval later this year.
305. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the agencies under the remit of his Department; the amount that has been spent on all Covid-19-related consultancy contracts by his Department and agencies under his remit in 2020, 2021 and to date in 2022, in tabular form; the amount paid for each consultant; and the reason for the consultancy. [6041/22]
View answerThe reply to Question No. 82 of 26 January 2022 set out the position as regards contracts granted in relation to Covid-19 by my Department since the beginning of the pandemic. None of these were consultancy contracts.
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.
306. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if an amended application form and guidelines in respect of the tenant purchase scheme are currently available following a review of the scheme; if not, when these forms will be made available; and if he will make a statement on the matter. [6101/22]
View answerThe Tenant (Incremental) Purchase Scheme was reviewed in 2021 in line with Programme for Government and Housing for All commitments.
The amendments, which came into effect on 1st February 2022, include a reduction in the minimum reckonable income required to be eligible under the scheme from €15,000 to €12,500. This means older tenants, whose only income might be the contributory or non-contributory State pension, are now eligible to buy their homes if they have the financial means to do so.
The time an applicant is required to be in receipt of social housing supports to be able to apply under the scheme has also been revised. This has been increased from one to ten years.
While local authorities have already been formally advised of these changes, the Department also intends to issue revised guidelines shortly.
The template application form issued by my Department to all local authorities in 2016 has not been affected by recent changes and it can continue to be used to facilitate applications under the scheme. That said, local authorities may need to amend explanatory or supporting material accompanying the application form to reflect these changes. While this is generally a matter for local authorities, my Department will advise them to do so when issuing the revised guidelines.
307. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if the report of the independent working group on defective homes will be published by the end of March 2022; and if he will make a statement on the matter. [6144/22]
View answer317. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if he will publish the terms of reference of the Independent Working Group on Defective Housing,; and if he will make a statement on the matter. [6308/22]
View answer318. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the dates the Independent Working Group on Defective Housing has met; and if he will make a statement on the matter. [6309/22]
View answer329. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if a commitment will be made that the report of the independent working group on defective homes will be completed by the end of March 2022; if he will act promptly and decisively on the report recommendations; if he will provide tax credits in Budget 2023 for owner-occupiers of defective apartments and duplexes who have paid or are currently paying levies for the remediation of defects in their homes; and if he will make a statement on the matter. [6584/22]
View answerI propose to take Questions Nos. 307, 317, 318 and 329 together.
The Programme for Government sets out a number of commitments in respect of the important policy area addressing building defects. It commits to an examination of defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing’s report, "Safe as Houses ?". Housing for All, the Government’s national plan on housing to 2030, reiterates this commitment.
In this regard, I established a working group to examine defects in housing. This working group has been meeting monthly since March 2021 (except for August). The dates, as requested by the Deputy, of the working group meetings are as follows 26 March 2021, 23 April 2021, 21 May 2021, 18 June 2021, 16 July 2021, 17 September 2021, 15 October 2021, 19 November 2021, 17 December 2021 and 14 January 2022. In addition, regular subgroup meetings take place to advance elements of the work.
The group’s terms of reference, adopted in May 2021, are focused on fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 and 2013. The full terms of reference of the Working Group are to:
1. Examine defects in housing having regard to the recommendations in Item 4 “Addressing the legacy of bad building and poor regulation” in Chapter 4 of the Joint Oireachtas Committee on Housing, Planning and Local Government report - ‘Safe as Houses? A Report on Building Standards, Building Controls and Consumer Protection’.
2. Establish the nature of significant, wide-spread fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 – 2013 in Ireland through consultation with affected homeowners, homeowner representative organisations, owners’ management companies, relevant managing agents, public representatives, local authorities, product manufacturers, building professionals, industry stakeholders, insurance providers, mortgage providers and other relevant parties. Including such matters as:
- Identification and description of defect,
- Nature of defect – design, product, workmanship,
- Non-compliance with building regulations or actual damage,
- Severity/risk to life or serviceability of dwelling,
- Period of construction affected,
- Type of dwelling affected,
- Location of dwellings affected.
3. Establish the scale of the issue – estimate number of dwellings affected by the defects identified including those already remediated.
4. Consider a methodology for the categorisation of defects and the prioritisation of remedial action.
- In the case of defects with fire safety implications, consider how the framework for enhancing fire safety in dwellings can be applied to mitigate the risks arising from fire safety defects pending the remediation of defects and the Code of Practice for Fire Safety Assessment of Premises and Buildings, which is currently being developed by National Directorate of Fire and Emergency Management.
5. Suggest mechanisms for resolving defects, in the context of the legal rights, duties and obligations of developers, builders, building professionals, insurers, mortgage providers, building control authorities, fire authorities, owners’ management companies, owner occupiers, renters and landlords, including:
- Technical options for the remediation of dwellings,
- Efficient means of carrying out work,
- individual dwellings or whole building approach,
- routine maintenance/refurbishment or remediation,
- Structures or delivery channels needed to facilitate resolution – advice and support.
6. Evaluate the potential cost of technical remediation options.
7. Pursue options on possible financial solutions to effect a resolution, in line with the Programme for Government commitment to identify options for those impacted by defects to access low-cost, long-term finance.
8. Report to the Minister for Housing, Local Government and Heritage on the Examination of Defects in Housing.
In regard to the working group’s deliberations, the first round of stakeholder consultation commenced in July 2021 with more detailed follow up and additional stakeholder consultations ongoing at present. A series of online surveys was also launched by the Working Group on 31 January seeking the experiences of homeowners, landlords, Directors of Owners’ Management Companies and Property Management Agents. The surveys will run unitl 14 March 2022 and can be accessed at the following link - www.gov.ie/en/consultation/7e319-online-survey-in-relation-to-defects-in-apartment-and-duplex-buildings/
The engagment with stakeholders and the online consultation will inform the deliberations of the Working Group and support the delivery on its extensive terms of reference and finalisation of its report.
I am satisfied that the Working Group is working effectively and efficiently on this complex matter, and will require sufficient time to complete its work beyond March 2022. In that context, I look forward to a report later this year following completion of their consultations and deliberations. Once I receive the report I will give full consideration to its contents.
Finally, in regard to tax credits, taxation issues are a matter for my colleague, the Minister for Finance.
308. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage the number of housing developments currently subject to judicial review; the number of housing units this encompasses by county in tabular form; and if he will make a statement on the matter. [6163/22]
View answerThe recording of court cases is one in which I have no statutory function and is a matter for the Courts Service which is statutorily independent. Judicial reviews against the State, in which my Department may be included as a party, are co-ordinated by the Chief State Solicitors Office under the guidance of the Attorney General's Office.
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.
Local Authorities may be subject to judicial review on a range of their functions and therefore it is a matter for each local authority and their respective legal teams to record. Such information may be sought directly from the relevant local authority.
An Bord Pleanála can be challenged by judicial review on a range of its functions, including decisions on planning applications in respect of strategic housing developments, and it publishes an update on legal cases in its Annual Report. Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie.
309. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will be travelling abroad for St. Patrick’s week 2022 on official visits; and if so, the location he is scheduled to visit. [6236/22]
View answerSt Patrick's Day presents an invaluable opportunity to promote Ireland's interests with political, business and community leaders as well as to deepen the political, economic and cultural links between Ireland and other nations.
The Government is in the process of finalising the programme to mark St Patrick’s Day around the world. This will include a programme of visits by Ministers that will be approved by the Government early this month, and which will be made public immediately afterwards.
310. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if approved housing bodies are permitted to raise rents in areas in line with rent pressure zones and not by having regard to their tenant's actual income; and if he will make a statement on the matter. [6250/22]
View answer311. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if a tenant of an approved housing body having been housed from the local authority waiting lists can be charged a rent or face a rent increase based on reference to rent pressure zones and the percentage increases that apply to them rather than their actual income; and if he will make a statement on the matter. [6251/22]
View answerI propose to take Questions Nos. 310 and 311 together.
Approved Housing Bodies (AHBs) are independent, not-for-profit organisations providing affordable rented housing for people who cannot provide housing from their own means and for particular groups, such as older people or homeless people. AHBs also include housing co-operatives, which are housing organisations controlled by their members/tenants who actively participate in setting their policies and making decisions.
AHBs can access a range of funding streams to assist with the delivery of social housing, made available by my Department, through local authorities, for example the Capital Advance Leasing Facility (CALF) with a Payment and Availability Agreement (P&A) or the Capital Assistance Scheme (CAS). The Capital Loan Subsidy Scheme (CLSS) was closed to new applications in 2011.
The terms and conditions, including nomination rights and rent setting, of these funding schemes are set out in my Department's Memorandum on Capital Funding Schemes for the Provision of Rental Accommodation by Approved Housing Bodies (Voluntary and Co - Operative Rental Housing): VHU: 2/02 of May 2002 and related circulars, and the relevant mortgage, loan agreements and Payment and Availability Agreements in force between the relevant local authority and AHB.
In addition, the Residential Tenancies (Amendment) Act 2015 amended section 3 of the Residential Tenancies Act 2004 so that dwellings let by AHBs to social housing tenants now come within the remit of the Act. The position of these tenants is significantly improved by the change, which commenced on 7 April 2016, as they now benefit from the following:
- Increased security of tenure;
- Access to Residential Tenancies Board (RTB) dispute resolution procedures, including free mediation; and
- Binding obligations on AHBs as landlords to, inter alia, register all tenancies, keep dwellings in good repair and allow peaceful occupation.
The Planning and Development (Housing) and Residential Tenancies Act 2016 introduced the Rent Predictability Measure to moderate rent increases in those parts of the country where rents are highest and rising fastest do not apply to AHB tenancies. However, three new sections were inserted into the 2004 Act by the Residential Tenancies (Amendment) Act 2015 provide for the setting of rents and rent reviews in AHB tenancies. They are:
- Section 19A provides for the setting of rent in AHB tenancies;
- Section 20A provides for reviews of rent in AHB tenancies; and
- Section 22A provides for the notification of a change in the amount of rent following a review under section 20A.
Section 78(1)(b) of the 2004 Act provides that a dispute may be referred to the Board regarding the amount that ought to be initially set (in compliance with section 19 or 19A) as the amount of rent under a tenancy. Section 78(1)(c) provides that a dispute may be referred as to the amount of rent that should be determined on foot of a review referred to in Part 3. These provisions mean that an AHB tenant may refer a dispute regarding the setting or review of rent to the RTB for resolution.
Furthermore, the Approved Housing Bodies Regulatory Authority (AHBRA) was formally established on 1 February 2021. A number of key provisions were commenced throughout 2021 to allow AHBRA to work towards becoming operational. AHBRA have developed draft standards, including those relating to tenancy management, which will require that AHBs have fair and transparent rent policies in place.
312. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if a housing body (details supplied) and its complex at Ballinteer was provided with funding streams by the State which would allow it to set rents for tenants that are not governed by the differential rent setting used by the local authority or to clarify the method of rent setting that is used; and if he will make a statement on the matter. [6252/22]
View answerThe development at Woodpark, Ballinteer known as St Anne's was funded through the Capital Assistance Scheme (CAS); this funding supports priority areas such as age-friendly housing, accommodation for individuals and families who are homeless and housing for people with a disability.
The CAS Scheme at St Anne's was built to provide accommodation for older people. A 30-year loan in the sum of €8,170,789 was advanced for this scheme, and the mortgage was effected on 11 February 2010. Under the terms of the scheme, the loan must be secured by means of a mortgage on the premises by the local authority and is conditional on a number of terms and conditions, including letting policies, rights of nomination by the local authority and consultation with the local authority in terms of rent setting.
Memorandum on the Capital Funding Schemes for Approved Housing Bodies (Memorandum: VHU: 2/02 May, 2002) sets out general conditions that apply to Approved Housing Bodies (AHBs) when they seek funding under capital schemes for the provision of housing. Part 9 of the memorandum covers terms and conditions for the management, letting policies, rents and maintenance of dwellings provided under CAS.
Para. 9.6 of the memorandum sets out the parameters under which rent for the CAS housing units should be set. It states "AHBs should fix rents for the units provided at levels which are reasonable having regard to tenants’ incomes and the outlay of the AHB on the accommodation including the on-going costs of management. It should be a condition of advancing a loan under the CAS that the housing authority has clear rights of consultation in relation to the fixing of rents generally". Such a rent is referred to as an 'economic rent', which is not a market rent or a differential rent set.
313. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the membership of the Dublin Joint Homelessness Consultative Forum from 2019 to 2021 in tabular form; and if he will make a statement on the matter. [6277/22]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of local authorities in addressing homelessness at a local level. While statutory responsibility in relation to the provision of homeless accommodation and related services rests with individual local authorities, the administration of homeless services is organised on a regional basis with a lead authority in place for each region.
In accordance with Chapter 6 of the Housing (Miscellaneous Provisions) Act, 2009, a homelessness consultative forum has been established in each region. Membership of the Dublin Joint Homelessness Consultative Forum currently comprises representatives from the following:
- Dublin City Council
- Dublin Region Homeless Executive
- Dún Laoghaire-Rathdown County Council
- South Dublin County Council
- Fingal County Council
- HSE, CHO 9
- HSE, Social Inclusion
- HSE, CHO 7
- Dublin Homeless Network
- TUSLA
- The Probation Service
- Irish Prison Service
- Threshold
- City of Dublin Education and Training Board
- Peter McVerry Trust
Changes in membership of the Dublin Joint Homelessness Consultative Forum is a matter for the Dublin Region Homeless Executive.
314. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the number of applications made by each Dublin local authority under the buy and renew scheme in each of the years since 2018; and if he will make a statement on the matter. [6282/22]
View answerUnder 'Housing for All' the Government's priority is to deliver 47,600 new build social homes over the next five years. Substantial funding is available to local authorities and AHBs to deliver on this objective as the primary means through which they will increasingly meet the needs of those on their waiting lists.
The Buy & Renew scheme supports local authorities in purchasing and renewing vacant housing units in need of repair, which can then be made available for social housing use. Details of the number of Buy & Renew units acquired by each Dublin local authority in each of the years 2018 to 2021 are set out below. My Department is working to support increased Buy and Renew activity in local authorities.
2018:
|
Local Authority |
Buy & Renew Units |
|
DLR |
0 |
|
Dublin City |
28 |
|
SDCC |
0 |
|
Fingal |
21 |
2019:
|
Local Authority |
Buy & Renew Units |
|
DLR |
1 |
|
Dublin City |
21 |
|
SDCC |
0 |
|
Fingal |
1 |
2020:
|
Local Authority |
Buy & Renew Units |
|
DLR |
0 |
|
Dublin City |
8 |
|
SDCC |
0 |
|
Fingal |
7 |
2021:
|
Local Authority |
Buy & Renew Units |
|
DLR |
0 |
|
Dublin City |
0 |
|
SDCC |
0 |
|
Fingal |
2 |
315. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the number of applications made by each Dublin local authority under the repair and leasing scheme in each of the years since 2018; and if he will make a statement on the matter. [6283/22]
View answerData on the repair and lease scheme in respect of all local authorities to end Q3 2021 is published on my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/#repair-and-leasing-scheme-rls
This includes the number of applications received by each local authority from 2017 to the end of Q3 2021.
There are a number of reasons why applications do not result in delivery. Many vacant properties are unsuitable for the scheme. They may be derelict; in areas where there is no social housing need or otherwise unsuitable for social housing. Other units, while not being suitable, have been taken into social housing by means of leasing or the Buy and Renew Scheme; others have returned to the private market and are no longer vacant.
Houses can be vacant for various, and often complex, reasons – there is no one size fits all solution. The Repair and Leasing Scheme works as part of overall vacant strategy.
Housing for All has committed to supporting local authorities to drive expanded take-up of the Repair and Leasing Scheme as part of Pathway 4: Pathway to Addressing Vacancy and Efficient Use of Existing Stock.
316. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if the sliding scale has been dropped from the grant calculation methodology for the enhanced defective concrete block scheme; and if he will make a statement on the matter. [6307/22]
View answer326. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if homeowners that are currently in the MICA redress scheme have had testing and sampling costs refunded in line with the changes announced to the defective concrete block scheme on 30 November 2021; and if he will make a statement on the matter. [6487/22]
View answer327. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the number of homeowners that have been approved for emergency works in line with the changes announced to the Defective Concrete Block Scheme on 30 November 2021; the estimated amount that has been paid out for these works; and if he will make a statement on the matter. [6488/22]
View answerI propose to take Questions Nos. 316, 326 and 327 together.
I brought a Memorandum to Government on an enhanced Defective Concrete Blocks Grant Scheme on the 30 November 2021. It included an unprecedented suite of improvements to the current scheme. Government approved the enchanced scheme which it is estimated will cost approximately €2.2Bn. The comprehensive changes include:
- The current 90% maximum grant will be increased to a 100% grant for all remediation options 1-5.
- The maximum grant cap for option 1 (demolition and rebuild) will be increased from €247,500 to €420,000.
- The grant calculation methodology in respect of option 1 remediation will be based on a cost per square foot with grant costings to be set by my Department following receipt of information on up to date construction costs from the Society of Chartered Surveyors Ireland (SCSI). An indicative rate of €145 per square foot for the first 1,000 sq foot with a sliding scale thereafter has been announced by my Department and this will be subject to review as required in line with construction cost changes. In the case of remediation options 2-5 a similar but necessarily different approach will be taken to inform the appropriate grant rate for blockwork removal and replacement following receipt of advice from SCSI. The SCSI will be completely independent in their engagement with my Department on construction costs.
- A revised application process will be introduced which will only require the homeowner to submit an initial ‘Building Condition Assessment’ at minimal cost recoupable on entry to the Scheme. The Housing Agency will take over testing, sampling and categorisation of homes on behalf of homeowners and local authorities and will thereafter recommend the appropriate remediation option and grant amount for each home.
- Alternative accommodation and storage costs are to be included, subject to a maximum of €20,000.
- In relation to works carried out under remediation options 2-5, a second grant option, will be available for such a home in the future if blockwork which was not removed as part of the initial remediation work subsequently proves defective in accordance with the IS;465 standard.
- A new independent appeals process will be introduced.
- €5,000 will be available for esssential immediate repair works recommended by a building professional as part of the Building Condition Assessment process.
- The Scheme will be extended beyond the current scope of Principal Private Residences only, to also cover Residential Tenancies Board registered rental properties, subject to the introduction of a clawback mechanism upon re-sale within a set time period depending on the remediation option used. Opportunities for the State to acquire such rental properties for social housing purposes will also be examined.
Full details in relation to the changes announced are available at the following link;
www.gov.ie/en/press-release/e365e-minister-obrien-announces-enhancements-to-the-defective-concrete-block-scheme/
I aim to bring the required primary legislation to give effect to the enhanced scheme before the Oireachtas as soon as possible with Spring 2022 being the indicative target timeline.
In the immediate term I am making amendments to the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 which will allow for the recoupment of Engineer fees to homeowners who have applied for entry into the scheme. Furthermore, as part of these amended regulations, up to €5,000 will be recoupable as an allowable cost under the scheme for essential immediate repair works which are deemed necessary by a homeowners engineer under a Building Condition Assessment report.
As part of the work being carried out to implement the enhanced scheme, SCSI are preparing a report for my Department on up to date construction costs for the remediation options available under the scheme. The SCSI will be the independent and sole author of the report on construction costs and this report will help inform any revised grant amounts approved by Government for the enhanced scheme.
319. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage if a flood risk assessment is necessary to be carried out in respect of development projects funded by his Department under Rebuilding Ireland; and if he will make a statement on the matter. [6319/22]
View answerAt the outset it is important to clarify that the requirement for a flood risk assessment is a matter for the sponsoring agency, the developer and the planning authority rather than the funding (or approving) authority.
More generally, however, in terms of flood risk assessment, the Planning System and Flood Risk Management Guidelines for Planning Authorities were published jointly by my Department and the Office of Public Works (OPW), in November 2009. The Flood Risk Management Guidelines provide for the incorporation of flood risk identification, assessment and management into the planning process. The requirements of these guidelines apply not only to the implications of river/rainstorm flooding, but also to coastal flooding, mainly as result of high tides and storm surge effects. These Ministerial Guidelines were issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities and An Bord Pleanála are required to have regard to the Guidelines in carrying out their functions under the Planning Acts.
320. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if protected structures can be entered on the derelict sites register. [6323/22]
View answerProtected structures and derelict sites are separate entities as they are covered by separate legislative provisions and are separately defined. Protected structures are provided for under Part 4 of the Planning and Development Act 2000, as amended (sections 51 to 80), while derelict sites are provided for under the Derelict Sites Act 1990. Therefore a structure cannot be both a protected structure as recorded on a local authority's record of protected structures and a derelict site recorded on the local derelict sites register.
The provisions in both Acts contain some similar powers i.e. local authorities can require the owners of both protected structures and derelict sites to carry out specified measures or works. They can also acquire either type of property by agreement or compulsorily. However no levy can be applied to a protected structure.
321. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will review the antisocial provisions of the Housing (Miscellaneous Provisions) Act 2014 with a view to ensuring that local authorities have sufficient powers to deal with cases of extreme antisocial behaviour. [6335/22]
View answerAnti-social behaviour of a criminal nature is a matter for An Garda Síochána. The Criminal Justice Act 2006, which is the responsibility of my colleague the Minister for Justice, provides for civil proceedings to be taken against adults or children for anti-social behaviour. The range of powers includes juvenile and adult cautions, fixed charge penalty notices and the bringing of prosecutions.
The Housing (Miscellaneous Provisions) Act 1997 (as amended) provides for a comprehensive definition of anti-social behaviour, covering a range of behaviours considered serious anti-social behaviour. The Housing (Miscellaneous Provisions) Act 2009 provides for tenancy agreements between the local authority and their tenants, which include conditions prohibiting such behaviours.
Local authorities are responsible under the Housing Acts for managing and maintaining their housing stock and managing their estates, including taking appropriate measures to counter anti-social behaviour. The local authorities powers in this area were significantly enhanced by Part 2 of the Housing (Miscellaneous Provisions) Act 2014, which provides for the issuing of a tenancy warning requiring that tenants cease any anti-social activity. This legislation also empowers local authorities to recover possession of their dwellings from households or individuals in serious breach of their tenancy agreements, including engaging in anti-social behaviour. Local authorities may also secure court orders under the 1997 Act excluding individuals engaged in anti-social behaviour from local authority owned houses and local authority estates.
I have no plans to review housing legislation in relation to anti-social behaviour at this time.
322. Deputy Kieran O'Donnell asked the Minister for Housing, Local Government and Heritage the status of Housing for All - Pathway to Eradicate Homelessness; if he has considered matters raised in correspondence (details supplied); and if he will make a statement on the matter. [6413/22]
View answerSupporting individuals and families facing homelessness is a key Government priority. Housing for All - a New Housing Plan for Ireland commits to working to eradicate homelessness by 2030 and provides detail on how the Government is approaching this as a priority. Housing for All includes eighteen distinct actions on homelessness. Two of these actions relate specifically to the provision of supports for families and children and in enabling their exit from homelessness. There is a commitment to enhance family support and prevention and early intervention services for children and their families through a multi-agency and coordinated response, and the dissemination of innovative practice. There is also a commitment to identify and provide enhanced tenancy sustainment supports to families experiencing long-term homelessness to help them exit from homelessness and maintain their homes. These actions are being delivered with the Department of Children, Equality, Disability, Integration and Youth and Tusla, the Child and Family Agency.
My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at the local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual housing authorities, with additional supports, including the provision of family supports, provided to families by Tusla.
Local authorities are independent in the exercise of their functions and, as such, applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended. Lone parents are entitled to access all of the housing support delivery mechanisms on an equal basis with all other citizens.
However, the Government is determined to ensure that housing policy addresses the needs of those who experience social exclusion in our society by taking firm action. Housing for All contains a specific commitment to a Fresh Start principle which will be of assistance to lone parents who may wish to apply for affordable housing or a local authority home loan.
The increases in family homelessness seen in recent months are a serious concern for my Department and for the Government. We are acting to address this – in the short term and strategically over the months and years ahead. Improvements have been made on the situation we faced two years ago when homelessness was at its highest. Over 5,200 adults and their dependant children exited homelessness in 2021. All of these exits were to homes with tenancies.
My Department publishes quarterly progress reports tracking the delivery of Housing for All actions, available at: www.gov.ie/en/collection/9d2ee-housing-for-all-quarterly-progress-reports/. The most recent progress report, published in respect of Q4 2022, indicated that eighteen out of twenty actions for that quarter under the Pathway to Eradicating Homelessness, Increasing Social Housing Delivery and Supporting Social Inclusion were completed on time. This includes all of the actions that specifically relate to homelessness.
The provision of services to families and children, in particular the welfare and protection of children and the effective functioning of families who may be experiencing homelessness is a matter for my colleague, the Minister for Children, Equality, Disability, Integration and Youth.
The Government will continue to prioritise responses for all families, including lone parents, experiencing homelessness and this is being reflected in both strategic policy and in specific actions.
323. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to reports of vulture funds buying homes directly from financial institutions in some cases even when these homes are already for sale on the open market and are under offer from potential buyers; and the measures that he plans to introduce to ensure fairness for home buyers who cannot compete with these funds in the current market. [6418/22]
View answerInstitutional investment in the housing market that finances additional supply is welcome and needed. Without such investment, activity in the housing market would be much reduced and would increase the significant pressure already facing renters and prospective home-owners. That said, institutional investment must not displace home-buyers in traditional estates where demand and viability is not an issue, and the pathway to ownership for first-time buyers must be protected.
The Government has already taken action, through taxation and planning measures, to protect traditional family homes from bulk purchases while maintaining investment where it is needed.
A higher stamp duty rate of 10% now applies to multiple purchases of 10 or more houses within a 12-month period, on a cumulative basis, regardless of location. Apartment buildings, multiple purchases by local authorities and Approved Housing Bodies, and mortgage to rent by private sector participants, are excluded from this higher stamp duty.
Ministerial planning guidelines have also issued to local authorities to help address the regulation of commercial institutional investment in certain housing developments and ensure new 'own-door' houses are not bulk purchased by institutional investors in a way that displaces individual purchasers.
The guidelines set out two planning conditions. In the first instance, to ensure an adequate choice and supply of housing, they restrict new houses and duplexes to first occupation and use by individual purchasers and those eligible for social and affordable housing, including cost rental. Secondly, they require developers of five units or more to enter an agreement with the relevant local authority to limit sales of such units to individual purchasers.
These steps complement other measures in Housing for All which seek to increase the supply of affordable homes, including delivering affordable homes on local authority lands; introducing Cost Rental tenures and a First Home shared equity scheme; and, expanding the Part V planning requirements to increase the contribution required from 10% to 20%, and applying it to cost rental as well as social and affordable housing.
This multi-faceted approach to housing delivery will help significantly increase supply, key to meeting demand and addressing inflationary pressures, and improve affordability for families and individuals wishing to secure a home.
324. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide an update on the feasibility study currently being undertaken on the future use of Cathal Brugha Barracks, Dublin; when this study will be published; and the engagement his Department has had with the Land Development Agency and the Department of Defence on this issue. [6428/22]
View answerCathal Brugha Barracks was among the lands identified with potential for transfer to the Land Development Agency as part of the process of development of the Housing for All Plan. High level engagement took place at the time between Departments and the need was identified for a feasibility study.
My Department understands that the Department of Defence has secured funding for a feasibility study on transfer of the Cathal Brugha barracks site for use in social and affordable housing.
Further engagement will be dependent on the outcome of the study.
325. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if pension tax relief is disregarded for the purposes of calculating differential rent for social housing tenants. [6475/22]
View answerLocal authorities set and collect rents on their dwellings in accordance with section 58 of the Housing Act 1966. The making or amending of these rent schemes is an executive function and subject to broad principles set out by my Department, including that rent levels should be based on income and reflect tenants’ ability to pay. Decisions regarding the sources of income included and disregarded for rent assessment purposes are a matter for individual local authorities. Different approaches are taken to rent charging and setting across the country. Each scheme defines assessable income on which the rent is calculated, and details the sources of income considered assessable and payments that are excluded.
The Programme for Government and Housing for All commits to standardising the differential rents schemes across the country to ensure fairness. Work is ongoing in this regard and my Department will bring forward proposals for a standardised scheme, including a standard set of income disregards, in due course as part of the broader package of social housing reforms.
