Written Answers Nos. 370-388
374. Deputy Ciarán Cannon asked the Minister for Housing, Local Government and Heritage the actions he intends to take following the decision by An Bord Pleanála to refuse substitute consent to the ESB for the development of a windfarm at Derrybrien, County Galway. [8140/22]
View answerIn accordance with Section 30 of the Planning and Development Act 2000, as amended, 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.
It is therefore a matter for relevant parties to the case to consider the case.
375. Deputy Ciarán Cannon asked the Minister for Housing, Local Government and Heritage the Department that is currently paying an European Union imposed fine of €15,000 per day associated with the development of an ESB wind farm at Derrybrien, County Galway; and the amount paid to date. [8142/22]
View answerTo date the State has paid €13,220,000 in fines to the European Commission in relation to this case. All payments have been made by my Department.
On 12 November 2019, the Court of Justice of the European Union issued its judgment in case C-261/18, which followed on from the judgment in case C-215/06. The judgment ruled against Ireland and imposed a lump sum fine of €5m and a daily fine of €15,000 until compliance is achieved, plus legal costs.
With regard to the payment of fines, the lump sum fine of €5m was paid in January 2020. The Commission advised that compliance with the judgment would be assessed on a six monthly basis, with a payment demand notice to issue in respect of each assessment period. Three instalments of daily fines have been paid to date totalling €8,220,000, broken down as follows:
- €2,745,000 was paid in October 2020 covering the period of November 2019 to May 2020.
- €2,745,000, was paid in June 2021 covering the period of May 2020 to November 2020.
- €2,730,000 paid in December 2021 covering the period of November 2020 to May 2021.
The court judgment will be complied with when the Derrybrien Wind Farm, which is owned and operated by a subsidiary of ESB, is subjected to a retrospective Environmental Impact Assessment (EIA) - otherwise known as substitute consent. An Bord Pleanála (the Board) issued its decision on Friday 4 February, refusing the application for substitute consent.
Once all parties to the case have been notified of this, Department officials will be in touch with their counterparts in the Commission on this basis, to seek to close out the related infringement case against Ireland on the basis of the Board’s decision to refuse permission, noting the ongoing payment of €15,000 per day until the grounds of the infringement case against Ireland (C-261/18) are met.
376. Deputy Joe O'Brien asked the Minister for Housing, Local Government and Heritage the supports that are available to homeowners effected by pyrite that are not eligible for the remediation scheme due to the damage to their home being assessed as grade 1. [8146/22]
View answerThe Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency.
The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website, www.pyriteboard.ie.
The scheme is applicable to dwellings, which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2017 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In this regard, it is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2.
Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. This ensures that, having regard to the available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.
As matters currently stand, the owners of dwellings located within the counties of Kildare, Meath or Offaly or the administrative areas of Fingal County Council, Dublin City Council, Dun Laoghaire-Rathdown County Council, South Dublin County Council or Limerick City and County Council, are eligible to apply for remediation works under the scheme.
€20m has been allocated in 2022 to cover the continued implementation of the pyrite remediation scheme. This allocation will facilitate the remediation of some 280 additional dwellings and is a clear signal of the continuing importance attached by Government to addressing the issue of significant pyritic damage in private dwellings. This will bring to approx. €186m the total funding provided under the scheme since 2014.
The latest figures available indicate that 3,075 applications have been received under Scheme and, so far, 2,535 dwellings have been included. A further 130 applications have been validated and referred to the Housing Agency for the Assessment and Verification Process, 99 applications are at the initial Application and Validation Process and 311 applications were not successful. Of the 2,535 dwellings included, the works in respect of 2,309 are complete with the rest at various stages of progress.
377. Deputy Patrick O'Donovan asked the Minister for Housing, Local Government and Heritage if he has plans to initiate a scheme from within his Department’s capital resources to provide a wastewater treatment plant for the town of Askeaton, County Limerick, outside of the capital programme provided for under the Irish Water multi-annual investment plan given that it has been reported locally (details supplied) that he intends to launch a new capital programme from within his Department. [8265/22]
View answerMy Department builds its strategic water policy and infrastructure delivery programmes around the National Planning Framework 2018-2040 and the National Development Plan 2021-2030.
Investment is primarily delivered through Irish Water while my Department continues to invest directly in rural water services through the Rural Water Programme. I understand that Askeaton, County Limerick is on the public waste water network and it is therefore a matter for Irish Water to consider under its investment plans.
Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. The scope, prioritisation and progression of individual projects is a matter for Irish Water, and is approved through its own internal governance structures.
Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 0818 578 578.
378. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if there is a national or local policy stipulating that emergency accommodation must be wheelchair accessible; and if he will make a statement on the matter. [8286/22]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the statutory role of local authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual housing authorities.
The National Quality Standards Framework (NQSF) for homeless services has been developed by the Dublin Region Homeless Executive on behalf of my Department to ensure a consistent approach in how local authorities and service providers respond to the needs of those experiencing homelessness and to improve the quality of services provided. In general, the operation of emergency accommodation facilities is contracted out by local authorities, under service level agreements, to NGO partners involved in the delivery of homeless services.
Monitoring and inspection of services are an important element of the Framework, and are a matter for the individual local authorities. This Framework is consistent with Health Information and Quality Authority (HIQA) standards and seeks to ensure a minimum level of quality in the provision of temporary accommodation and related services for homeless persons. The standards give service providers a framework for continuous quality improvement in their services and include provisions concerning the accessibility of buildings to service users with common physical or sensory disabilities.
The National Quality Standards Framework can be accessed at www.homelessdublin.ie/content/files/NQSF-Standards.pdf.
The regional lead local authorities undertake monitoring and review activities to assure that services are operating effectively.
379. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of mortgage to rent schemes approved by local authorities since 2018. [8312/22]
View answerThe Mortgage to Rent (MTR) scheme was introduced in 2012 for borrowers of commercial lending institutions and is targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), who agree to the voluntary surrender of their home and who have very limited options, if any, to meet their long-term housing needs themselves. In addition, the household must be deemed eligible for social housing support. The borrower surrenders their property to their lender who sells it to a MTR provider which can be either an Approved Housing Body (AHB) or since 2018 a private company, Home for Life Ltd. The AHB or local authority (in the case where the property is sold to a private company) becomes the landlord and the borrower remains in the property as a tenant paying a differential rent to the landlord based on his or her income.
To the end of December 2021, 1,682 households with unsustainable private mortgages have completed the MTR scheme since its introduction nationally in 2013. The 1,682 households in the scheme represent 2,738 adults and 2,274 children who have remained living in their homes and communities. As of that date, 720 active cases were being progressed under the scheme. The Housing Agency publishes, on a quarterly basis, detailed statistical information on the operation of the MTR scheme on the Housing Agency's website at the following link: www.housingagency.ie/housing-information/mortgage-rent-statistics
The Mortgage to Rent scheme is administered on the Department’s behalf by the Housing Agency, who coordinate with all stakeholders to ensure each application meets the eligibility criteria. The scheme, by its very nature, involves multiple stakeholders and it is essential for the efficient operation of the scheme that all stakeholders complete their individual roles within the MTR process. Local authorities are one of these stakeholders and play a vital role within the Mortgage to Rent scheme. The local authorities assess the household to see if they are eligible for social housing support and also check certain aspects of the application including if the property is suitable for the scheme and if the rent stated is appropriate.
A MTR scheme was also introduced for local authority borrowers and has been in place nationally since 2014. Under the scheme, a local authority can acquire ownership of properties with unsustainable local authority mortgages, thus enabling the household to remain in their home as social housing tenants. Information in relation to the Local Authority MTR scheme from its inception in 2013 to end 2020, broken down by local authority area, is available on my Department's website under the heading Local Authority Mortgage to Rent at the link below. During that period, a total of 532 households had benefited from the scheme. Information relating to 2021 will be made available shortly.
www.gov.ie/en/collection/42d2f-local-authority-loan-activity/#local-authority-mortgage-to-rent-scheme > refer to the section “Local Authority Mortgage to Rent scheme”.
Both MTR schemes are established parts of the overall suite of social housing options and are important parts of the mortgage arrears resolution process.
380. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the overall total payment by each local authority to an organisation (details supplied) in each of the years 2018 to 2021. [8313/22]
View answerThe Mortgage to Rent (MTR) scheme was introduced in 2012 for borrowers of commercial lending institutions and is targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), who agree to the voluntary surrender of their home and who have very limited options, if any, to meet their long-term housing needs themselves. In addition, the household must be deemed eligible for social housing support. The borrower surrenders their property to their lender who sells it to a MTR provider which can be either an Approved Housing Body (AHB) or since 2018 a private company, Home for Life Ltd.
In the case of the private MTR provider, they enter into a long-term lease arrangement with the local authority in whose area the property is situated for a defined term at an agreed rent, thereby enabling the borrower to remain living in their own home under a tenancy agreement with the local authority.
The table below outlines the total payment made by the Department to each local authority under the Private Mortgage to Rent scheme in the years 2019, 2020 and 2021. There were no payments made in 2018.
|
Local Authority |
2019 |
2020 |
2021 |
|
Carlow County Council |
€0 |
€17,226 |
€127,037 |
|
Cavan County Council |
€0 |
€0 |
€51,121 |
|
Clare County Council |
€0 |
€0 |
€142,225 |
|
Cork City Council |
€0 |
€0 |
€78,095 |
|
Cork County Council |
€0 |
€0 |
€257,040 |
|
DLR County Council |
€0 |
€0 |
€65,478 |
|
Donegal County Council |
€0 |
€4,248 |
€44,693 |
|
Dublin City Council |
€0 |
€0 |
€0 |
|
Fingal County Council |
€0 |
€32,209 |
€295,171 |
|
Galway City Council |
€0 |
€0 |
€13,424 |
|
Galway County Council |
€0 |
€17,750 |
€115,274 |
|
Kerry County Council |
€0 |
€0 |
€66,629 |
|
Kildare County Council |
€0 |
€16,213 |
€412,902 |
|
Kilkenny County Council |
€0 |
€0 |
€91,297 |
|
Laois County Council |
€0 |
€0 |
€179,010 |
|
Leitrim County Council |
€0 |
€0 |
€33,104 |
|
Limerick City & County Council |
€0 |
€6,693 |
€176,542 |
|
Longford County Council |
€0 |
€3,433 |
€18,560 |
|
Louth County Council |
€0 |
€14,049 |
€302,786 |
|
Mayo County Council |
€0 |
€0 |
€81,366 |
|
Meath County Council |
€0 |
€19,881 |
€435,113 |
|
Monaghan County Council |
€0 |
€0 |
€30,537 |
|
Offaly County Council |
€4,673 |
€8,220 |
€113,749 |
|
Roscommon County Council |
€0 |
€0 |
€61,974 |
|
Sligo County Council |
€0 |
€4,865 |
€80,131 |
|
South Dublin County Council |
€0 |
€0 |
€325,518 |
|
Tipperary County Council |
€0 |
€0 |
€184,068 |
|
Waterford City & County Council |
€0 |
€30,481 |
€170,135 |
|
Westmeath County Council |
€5,285 |
€22,069 |
€181,488 |
|
Wexford County Council |
€0 |
€0 |
€237,550 |
|
Wicklow County Council |
€0 |
€0 |
€352,050 |
|
Total |
€9,958 |
€197,337 |
€4,724,067 |
381. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if approved housing bodies are required to retain local authority tenants under the mortgage to rent scheme for life. [8314/22]
View answerThe Mortgage to Rent (MTR) scheme was introduced in 2012 for borrowers of commercial lending institutions and is targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), who agree to the voluntary surrender of their home and who have very limited options, if any, to meet their long-term housing needs themselves. In addition, the household must be deemed eligible for social housing support. The borrower surrenders their property to their lender who sells it to a MTR provider which can be either an Approved Housing Body (AHB) or since 2018 a private company, Home for Life Ltd. The AHB or local authority (in the case where the property is sold to a private company) becomes the landlord and the borrower remains in the property as a tenant paying a differential rent to the landlord based on his or her income.
When the borrower becomes a tenant of an Approved Housing Body (AHB), they sign a tenancy agreement. The current arrangement on the property can be for up to 30 years.
Regardless of who the property owner is under the MTR scheme, AHB or Home for Life Ltd., the local authority is obliged to meet the housing needs of social housing tenants indefinitely and beyond the term of the applicable lease arrangement. Therefore, if appropriate, the tenant may continue to have their housing needs met by the AHB, beyond the term of the lease agreement or alternative housing will be secured for them by the local authority.
382. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the way that funds are distributed between an organisation (details supplied) and local authorities in a situation whereby a tenant is able to repurchase their home from the mortgage to rent scheme. [8315/22]
View answerThe Mortgage to Rent (MTR) scheme was introduced in 2012 for borrowers of commercial lending institutions and is targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), who agree to the voluntary surrender of their home and who have very limited options, if any, to meet their long-term housing needs themselves. In addition, the household must be deemed eligible for social housing support. The borrower surrenders their property to their lender who sells it to a MTR provider which can be either an Approved Housing Body (AHB) or since 2018 a private company, Home for Life Ltd.
In cases where the property is sold to a private company, the local authority becomes the landlord and the borrower remains in the property as a tenant paying a differential rent to the local authority based on his or her income. If the borrower can obtain finance for the purchase of their home they can buy back the property. If the borrower is successful in purchasing back their property, the monthly lease arrangement payment between the local authority and the Mortgage to Rent provider will cease immediately. Private funding is used to purchase properties obtained by the private company in the MTR scheme and therefore no capital finance is required to be repaid to the State.
383. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage his views on whether local authorities should only use private operators in the mortgage to rent scheme as a last resort. [8316/22]
View answerThe Mortgage to Rent (MTR) scheme was introduced in 2012 for borrowers of commercial lending institutions and is targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), who agree to the voluntary surrender of their home and who have very limited options, if any, to meet their long-term housing needs themselves. In addition, the household must be deemed eligible for social housing support.
The decision on who purchases each property under the MTR scheme is not made by the local authority. The borrower surrenders their property to their lender and it will be then sold to the MTR provider who is interested in the property. This can be either an Approved Housing Body (AHB) or since 2018 a private company, Home for Life Ltd. If more than one party is interested in buying the property, the lender will provide information to the borrower around the options available to them and the borrower will make the decision on who purchases the property.
A review of the MTR scheme took place in 2017 and explored the avenues and impediments to participation in the scheme. Along with introducing a range of amendments to the eligibility criteria and administration of the MTR scheme, the review concluded that the financial model of the scheme at the time may not have been capable of delivering the scale of successful cases that could benefit from the scheme. The review, taking account of capacity within the AHB sector given that sector's role in delivering ambitious targets around new social housing supply, recommended that alternative funding options, including the off-balance sheet potential of private institutional investment, be explored in order to allow the MTR scheme to deliver at scale. An Expressions of Interest (EOI) Request was initiated by the Housing Agency in October 2017 inviting parties from the private sector to express their interest in participating in a new alternatively funded long-term MTR lease model. The outcome from the EOI process is that a new MTR alternatively funded lease model was announced in 2018 with Home for Life Ltd. as the participant from the private sector.
The inclusion of an MTR provider from the private sector has had a positive impact on the number of completed cases since its entry into the scheme and up to the end December 2021, has facilitated 672 families (40% of all MTR cases) to stay in their homes. Given the sizeable cohort of borrowers still in long-term mortgage arrears, all the MTR providers participating in the scheme are needed in order to meet the demand for the scheme. In all scenarios, my Department and the Housing Agency are focused on meeting the long-term housing needs of the greatest number of households in unsustainable mortgage arrears.
384. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 69 of 9 February 2022, the definitive timeline for the bringing forward of amendments to the dwellings damaged by the use of defective concrete blocks in construction (remediation) (financial assistance) regulations 2020; and if he will make a statement on the matter. [8326/22]
View answerI 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. 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. In addition, I am making provision for an increase in the value of stage payments which can be claimed by homeowners prior to the final grant payment being drawn down.
The amendment regulations are being finalised currently and I expect to sign them into law very shortly. Arrangements for the implementation of these measures by the relevant local authorities is being progressed in parallel.
385. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage if a person (details supplied) can avail of the new grant due to be announced; and if he will make a statement on the matter. [8332/22]
View answerHousing for All (published in September 2021) provides a new housing plan for Ireland to 2030 with the overall objective that every citizen in the State should have access to good quality homes through a steady supply of housing in the right locations, with economic, social and environmental sustainability built into the system. The strategy sets out, over four pathways, a broad suite of measures to achieve its policy objectives together with a financial commitment of in excess of €4 billion per annum.
The suite of measures under the pathway to addressing vacancy and efficient use of existing stock includes the Croí Cónaithe (Towns) Fund which will be delivered by local authorities for the provision of serviced sites for housing, to attract people to build their own homes and to support the refurbishment of vacant properties, enabling people to live in small towns and villages, in a sustainable way.
The approach to the Croí Cónaithe (Towns) Fund is currently under consideration and it is expected that a call for proposals will issue to local authorities later this quarter.
386. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage the protections and rights of a tenant whose landlord is initiating an eviction on grounds (details supplied); the person or the regulation that determines suitability; the rights that a tenant has to appeal such grounds to the Residential Tenancies Board; and if he will make a statement on the matter. [8335/22]
View answerThe Residential Tenancies Acts 2004-2021 (RTA) regulate the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
Due to the quasi-judicial nature of the RTB, it would be inappropriate for me, as Minister, or my Department to provide legal advice, comment on, or to intervene in the specifics of any individual case. A landlord or tenant may wish to seek independent legal advice in a particular case.
Section 34 of the RTA provides that a landlord may terminate a Part 4 tenancy on the ground that the dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household and the notice of termination is accompanied by a statement referred to in section 35.
- Section 35 of the RTA requires the aforementioned statement to specify —
- the bed spaces in the dwelling, and
- the grounds on which the dwelling is no longer suitable having regard to the bed spaces in the dwelling and the size and composition of the occupying household.
A tenant who has concerns with regard to the validity of a notice of termination may refer the matter to the RTB for dispute resolution.
387. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the rationale that his Department is relying on (details supplied) to bolster the suggestion that the costs calculations of the defective concrete blocks grant scheme should be based on typical speculatively built homes to a standard quality specification in compliance with building regulations and standards in place prior to the introduction of SI. No. 854/2007 building regulations (amendment) regulations 2007; given that all other homes in Ireland can avail of grants to upgrade to B2 BER; and if he will make a statement on the matter. [8337/22]
View answer388. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if persons with MICA and pyrite defective homes will be able to avail of grants from the new retrofitting scheme to increase the energy efficiency of their home in tandem with defective concrete block scheme grants; and if he will make a statement on the matter. [8338/22]
View answerI propose to take Questions Nos. 387 and 388 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 enhanced scheme which it is estimated will cost approximately €2.2Bn.
Changes included the grant calculation methodology in respect of option 1 remediation which will, under the enhanced scheme, be based on a cost per square foot with 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). 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.
It is important to note that the Defective Concrete Blocks Grant Scheme does not make financial provision for upgrades to the home. Homeowners are not precluded from carrying out such upgrades under the scheme but the marginal cost of such works must be paid for by the homeowner. My Department has engaged with colleagues in the Department of Environment, Climate and Communications in relation to the eligibility of DCB homeowners under the National Retrofitting Schemes run by SEAI. I can confirm that SEAI grants for retrofitting works are available to DCB homeowners on the same terms and conditions as those applicable to all homeowners and should, given the recent Government announcement of increased grant amounts being available to homeowners, go some way towards offsetting the cost of thermal upgrades to the home where these works are being carried out.
