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Wednesday, 23 Feb 2022

Written Answers Nos. 92-110

Energy Prices

Questions (92)

Michael Moynihan

Question:

92. Deputy Michael Moynihan asked the Minister for Finance if the rate of payment of the fuel grant under the disabled drivers and disabled passengers scheme will be reviewed to take consideration of the recent increase in fuel prices; and if he will make a statement on the matter. [10165/22]

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Written answers

The Disabled Drivers and Disabled Passengers Fuel Grant is regulated by S.I. 635/2015 and provides for payment of a fuel grant based on a the value of excise chargeable per litre rate of fuel. The grant is based on the excise component of the fuel, not the market price. The current value is €0.636 for petrol, €0.535 for diesel and €0.118 for liquefied petroleum gas (LPG) in respect of the mineral oil taxes applying to these products. An annual maximum of 2,730 litres applies in respect of a driver or passenger, and 4,100 litres in respect of an organisation. This grant has been increased by the value of the recent increase in carbon tax with effect from 1 January 2022.

Energy Prices

Questions (93)

Michael Moynihan

Question:

93. Deputy Michael Moynihan asked the Minister for Finance the steps that are being taken to alleviate the financial burden of increasing petrol and diesel prices for persons that are unable to avail of public transport; and if he will make a statement on the matter. [10166/22]

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Written answers

As the Deputy is aware, the final retail price of fuel is determined by a number of factors including the costs of production, distribution, global market factors, international exchange rates, taxation, wholesale market contracts as well as individual retail pricing policies.

Ireland’s taxation of fuel is based on European Union law as set out in the Energy Tax Directive which sets the legal framework for taxation of fuels and electricity in the EU. Ireland applies excise duty, in the form of Mineral Oil Tax (MOT), to fuels used for motor or heating purposes.

MOT is comprised of a non-carbon and a carbon component; the carbon component is also referred to as carbon tax. The Deputy will be aware that the 2020 Programme for Government committed to increasing the amount that is charged per tonne of CO2 emissions from fuels to €100 by 2030. I followed through on this commitment by introducing legislation in Finance Act 2020 to provide for a 10-year trajectory for carbon tax increases to reach €100 per tonne of CO2 by 2030. This measure is a key pillar underpinning the Government’s Climate Action Plan to halve emissions by 2030 and reach net zero no later than 2050.

The current inflationary trend in fuels is driven by international market factors, primarily by rising demand due to the economic recovery with secondary factors of rising EU ETS allowance prices, weather patterns and gas supply levels in Europe also contributing to rising costs.

Of course, the Government is acutely aware of the increase in consumer prices in recent months, especially the increase in fuel and other energy prices and for this reason we designed a package of measures to alleviate the impact of increased energy prices on households.

The package of measures includes:

- an increase in the energy credit to €200 including VAT, estimated to impact just over 2 million households

- a lump sum payment of €125 on the fuel allowance will be paid to 390,000 recipients

- there will be a temporary reduction in public transport fares of 20% from the end of April to the end of the year. This will impact approximately 800,000 daily users of Bus Éireann, Iarnród Éireann, Dublin Bus, Go Ahead, Luas, DART and Local Link services.

- a reduction of the Drug Payment Scheme from €144 to €80. This will benefit just over 70,000 families

- the working family payment budget increase will be brought forward from 1 June to 1 April

- reduced caps for multiple children on school transport fees to €500 per family post primary and €150 for primary school children

The package of measures announced by the Government provides support to households in rural and urban areas alike. The €200 energy credit is available to all domestic electricity account holders. The targeted welfare support measures provide financial support to households regardless of geographical location. The 20 percent fare reduction is available on all public transport routes including Bus Éireann and Local Link.

However, I recognise that rural areas have less transport options compared to urban areas. This is an issue which the government is currently addressing. As set out in the National Development Plan, the Government is committed to strengthening rural economies and communities and enhancing regional accessibility, with a range of investments proposed in new and existing public transport infrastructure. The Plan also commits to significant investment in the land transport network and the upcoming National Investment Framework for Transport in Ireland will set out the priorities for investment in the land transport network.

The Rural Development Policy 2021-2025, Our Rural Future, also contains over 150 commitments to the improvement of the quality of life in rural Ireland, to be delivered by central Government Departments, State agencies and local authorities. These include commitments to providing improved rural transport services, piloting new transport initiatives to enhance the quality of life for people in rural areas, and ensuring that public transport services in rural and regional areas are accessible to those with disabilities or reduced mobility.

The Policy aims to develop expanded Local Link Services and to further integrate Local Link Services with other existing public transport services through the rollout of the National Transport Authority’s Connecting Ireland Plan. There is also a commitment to develop a grant-aided Community Transport Service Scheme through Local Link, as well as to running a pilot to examine the potential for hail-riding services to improve rural connectivity and to develop a subsidised Local Area Hackney Scheme in designated areas that are too small to support a full-time taxi or hackney service.

The Policy also commits to investing in high quality walking and cycling infrastructure specifically targeted at towns and villages across the country, investing in the local and regional road network to maintain roads to a proper standard and to increase regional connectivity and to increasing investment in the repair of non-public roads through the Local Improvement Scheme.

Tax Code

Questions (94)

Carol Nolan

Question:

94. Deputy Carol Nolan asked the Minister for Finance if he will address concerns that the current capital acquisitions tax regime reduces the potential progress that solar developers can make in terms of reducing emissions and increasing the supply of green energy given the existing rules state that beneficiaries that inherit agricultural land are eligible for 90% relief on the market value of the asset but that this is contingent on the total land being utilised for solar panels constituting less than 50% of the total landholding; and if he will make a statement on the matter. [10172/22]

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Written answers

As the Deputy will be aware, agricultural relief allows the value of agricultural assets gifted or inherited (including farmland, buildings, stock) to be reduced by 90% of its value for the calculation of a Capital Acquisition Tax (CAT) liability. This is a valuable relief from CAT and a fundamental objective of this relief is that it is availed of by genuine, and active farmers, and that it relates to agricultural land which is being actively farmed.

One of the key conditions for agricultural relief is that agricultural property must make up at least 80% of a beneficiary’s total property. Prior to the changes made in Finance Act 2017, any land leased for solar panels was not classified as agricultural land and therefore could not be counted towards satisfying this 80% threshold.

In recognition of the then Government’s commitment to facilitate the development of solar energy projects in Ireland and the potential role of farmland in achieving this, an amendment was made to allow land leased for solar panels to be classified as qualifying agricultural activity under certain conditions.

While introducing this amendment, it was important that sight was not lost of the fundamental principle which underpins agricultural relief policy, namely to support the intergenerational transfer of family farms and to encourage succession planning. Therefore, a key aspect of this relief is to ensure that it is targeted at land which is actively farmed. Consequently to facilitate the above policy objectives, the amendment included a condition that in order to be classified as qualifying agricultural activity, the total area under lease for solar should not exceed 50% of the total area of agricultural land.

This addressed any potential disincentive to leasing land for solar panels, while also preserving the integrity of this generous CAT relief. There are currently no plans to further increase the current agricultural relief for the leasing of agricultural lands for solar energy production.

Tax Reliefs

Questions (95)

Richard Bruton

Question:

95. Deputy Richard Bruton asked the Minister for Finance if he has considered the case that the benefit-in-kind regime for cars encourages increased mileage to obtain tax relief which is counterproductive to Ireland’s climate ambitions. [10313/22]

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Written answers

Recent Government policy has been focused on strengthening the environmental rationale behind company car taxation. Until the Finance Act 2019 Ireland’s vehicle benefit-in-kind regime was unusual in that there was no overall CO2 rationale in the regime, despite a CO2 based vehicle BIK regime being legislated for as far back as 2008 (but never having been commenced). Section 6 of the Finance Act 2019 legislated for a fundamental overhaul of the regime which brought in discount and surcharge rates based on a car’s emissions profile, and is due to commence from 1/1/2023.

There have been arguments surrounding the mileage bands in the BIK structure as they can be perceived as incentivising higher mileage to avail of lower rates, leading to higher levels of emissions. The rationale behind the mileage bands is that the greater the business mileage, the more the car is a benefit to the company rather than its employee (on average); and the more the car depreciates in value, the less of a benefit it is to the employee (in years 2 and 3) as the asset from which the benefit is derived is depreciating faster. Mileage bands also ensure that cars more integral to the conduct of business receive preferential tax treatment.

Acknowledging these environmental concerns however, the reform brought in the 2019 Finance Act reduced the mileage bands from five to four, thus weakening any perverse incentives of increasing mileage to reduce tax liability while still seeking to apply the tax in proportion to the quantum of benefit derived from the car. The new structure with CO2-based discounts and surcharges provides a broad structure to incentivise employers to make greener choices when providing employees with company cars; the system will mean that low-emission vehicles and any EVs that are liable for a BIK charge will benefit from a preferential rate ranging from 9 - 22.5%, depending on mileage. Conversely, high emissions vehicles will be subject to higher rates of BIK. This will bring the taxation system around company cars into step with other CO2-based motor taxes as well as the long-established CO2-based vehicle BIK regimes in other member states.

In addition, Ireland currently has a BIK relief for electric vehicles which is due to continue until end 2025. Further details are available on the Revenue website.

Tax Reliefs

Questions (96)

Richard Bruton

Question:

96. Deputy Richard Bruton asked the Minister for Finance if he will consider easier methods for remote workers to claim tax allowance in circumstances in which the employer does not make provision such as by using standard allowances rather than requiring a bill to be uploaded. [10322/22]

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Written answers

The Programme for Government includes a commitment to facilitate and support remote working. The National Remote Work Strategy aims to make remote work a permanent feature of the Irish working experience in a way that maximises the economic, social and environmental benefits.

As part of the national remote working strategy: Making Remote Work, the Tax Strategy Group (TSG) reviewed the current tax arrangements for remote working in respect of both employees and employers. The TSG paper outlines the effects of Covid-19 on remote working in Ireland, provides an international comparison of remote working tax rules, sets out options for consideration with regard to enhancing the tax arrangements for both employers and employees in respect of remote work and evaluates those options in accordance with the Department of Finance Tax Expenditure Guidelines. The paper is published on the gov.ie website.

The feasibility of a bespoke tax credit for remote workers was considered as part of the review undertaken by the TSG, noting that stakeholders indicated a preference for a stand-alone remote working credit. However, for a number of reasons, including those outlined in the TSG paper, this option was not pursued. A tax credit for remote working would give rise to issues of deadweight loss and economic inefficiencies, as well as equity issues in the personal tax system. Further, it would be necessary to define qualifying criteria and potentially a minimum eligibility qualifying criteria to avail of the criteria that may necessitate distinctions be drawn between those that work from home on a full time basis and those that work from home on a part time basis. The cost of such a measure was another aspect that was considered.

Subsequently, as part of my Budget 2022 deliberations, I decided not to introduce a tax credit for remote working. Instead, I introduced an income tax deduction amounting to 30% of the cost of vouched expenses for heat, electricity and internet services in respect of those incurred while working from home can be claimed by taxpayers. This measure enhances and formalises existing arrangements that are currently operated by Revenue on an administrative basis and its legislative aspects were provided for in Finance Act 2021.

The amount of the relief will depend on the particular circumstances of the remote worker in terms of the level of costs incurred and their marginal tax rate. However, this measure will provide some relief for those with additional expenses arising from working from home.

Revenue’s online system will enable individuals claim tax relief in real time as they pay for these costs throughout the year. People are, generally speaking, well accustomed to supplying receipts to vouch expenditure in order to claim refunds of monies in other areas. For example, claiming refunds of medical expenses from health insurers are typically done on this basis. A similar model operates for tax refund claims in respect of remote working expenses and, I am advised that, Revenue has sought to make the submission of such claims as easy as possible for taxpayers.

PAYE workers can make a claim for remote working relief in one of two ways:

1. End of year claim - by completing an Income Tax return at year end

Where a taxpayer claims remote-working expenses by completing an Income Tax return at year end, he/she can upload supporting documentation via the Revenue Receipts Tracker. He/she can opt to save the information to Revenue storage where it will prefill his or her tax return to assist in the completion and filing of the return. Valid receipts saved to Revenue storage do not need to be retained by the taxpayer for 6 years.

2. Real-time claim - by using the My Account facility

Revenue advises that the simplest way for taxpayers to claim their e-working expenses and any other tax credit entitlements is by logging into the MyAccount facility on the Revenue website. Revenue has provided a real-time facility available to claim remote working relief for 2022 when the expense is incurred. To avail of the credit in real-time the taxpayer is required to upload the receipt details and a readable image of his or her receipt(s) to the Receipts Tracker in MyAccount at the time of making the claim.

I am advised that Revenue has published detailed guidance on this matter on their website, with comprehensive information available in Tax and Duty Manual 05-02-13 e-Working and Tax, which is available at - www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-05/05-02-13.pdf.

Guidance on how to register for My Account is available at - www.revenue.ie/en/online-services/services/register-for-an-online-service/register-for-myaccount.aspx.

Primary Medical Certificates

Questions (97)

Niall Collins

Question:

97. Deputy Niall Collins asked the Minister for Finance the status of the review and the criteria changes planned in relation to the primary medical certificate; and if he will make a statement on the matter. [10403/22]

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Written answers

The Disabled Drivers & Disabled Passengers Scheme provides relief from Vehicle Registration Tax and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant.

The Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain charitable organisations. In order to qualify for relief, the applicant must hold a Primary Medical Certificate issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate issued by the Disabled Driver Medical Board of Appeal. Certain other qualifying criteria apply in relation to the vehicle, in particular that it must be specially constructed or adapted for use by the applicant.

To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the following medical criteria, in order to obtain a Primary Medical Certificate:

- be wholly or almost wholly without the use of both legs;

- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

- be without both hands or without both arms;

- be without one or both legs;

- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

The current medical criteria were included in the Finance Act 2020, by way of amendment to Section 92 of the Finance Act 1989. This amendment arises from legal advice in light of the June 2020 Supreme Court judgement that the medical criteria in secondary legislation was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989 (primary legislation).

As the Deputy will appreciate this Scheme confers substantial benefits to eligible persons and changing the medical criteria to more general mobility-focused criteria, would raise the already considerable cost of the Scheme in terms of tax foregone to the Exchequer. Any increase in the cost of the Scheme would require a concomitant increase in tax, reduction in public expenditure, or increase in the Exchequer deficit.

While I am very aware of the importance of this scheme to those who benefit from it, I am also aware of the disquiet expressed by members of this house and others in respect of the difficulties around access to the scheme.

Accordingly, I gave a commitment to the House that a comprehensive review of the scheme, to include a broader review of mobility supports for persons with disabilities, would be undertaken. In this context I have been working with my Government colleague, Roderic O’Gorman, Minister for Children, Equality, Disability, Integration and Youth. We are both agreed that the review should be brought within a wider review under the auspices of the National Disability Inclusion Strategy, to examine transport supports encompassing all Government funded transport and mobility schemes for people with disabilities.

This the most appropriate forum to meet mutual objectives in respect of transport solutions/mobility supports for those with a disability.

The NDIS working group, chaired by Minister Anne Rabbitte, with officials from both my Department and the Department of Children, Equality, Disability, Integration and Youth as well as others, held its first meeting on the 26th January 2022. My officials will continue to work closely with officials from the Department of Children, Equality, Disability, Integration and Youth, to progress this review, and on foot of that will bring forward proposals for consideration.

I cannot comment on any possible changes in advance of proposals arising from the review.

Flood Risk Management

Questions (98)

Holly Cairns

Question:

98. Deputy Holly Cairns asked the Minister for Public Expenditure and Reform the status of all current and proposed flood relief schemes for County Cork. [10497/22]

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Written answers

The status of schemes currently being implemented, as well as those proposed, for Cork County, is set out below. In respect of the Bandon, Skibbereen and Clonakilty Flood Relief Schemes, which have all reached substantial completion, I refer the Deputy to the responses issued to questions 251, 252 and 253 on the 9th September 2021.

Bantry

The Bantry Flood Relief Scheme is being progressed by Cork County Council, in partnership with the OPW. Following a tender competition, Cork County Council appointed JB Barry and Partners Ltd. in a joint venture with JBA Consulting Ltd. on 3rd February last as engineering and environmental consultants to carry out the design of the Bantry Flood Relief Scheme. The Steering Group, comprising representatives from the Office of Public Works, Cork County Council and the Engineering Consultant is now taken place to progress the Bantry Flood Relief Scheme. The measures currently proposed for Bantry will protect some 198 properties. In tandem with progressing this scheme, Cork County Council is preparing the consultants brief, to carry out the repair and re-construction of a culvert on Main Street, which is expected to issue in the first quarter this year. This culvert has been identified as a significant element contributing to flooding on Main Street, New Street and north and south of Wolfe Tone Square in recent months. The OPW and Cork County Council shall continue to liaise on the integration of these works with the flood relief scheme for the town.

Midleton

The Midleton flood relief scheme is currently in the final stages of scheme development of a number of flood relief options and the identification of a preferred scheme which is expected to be completed by Quarter 3 of 2022. It is also expected to move to planning stage towards the end of this year. The next Public Participation Day is to be scheduled for Quarter 2 of 2022. A Scheme Climate Change Adaptation Plan is being included in the scheme to aid in current and future options. The Midleton Flood Relief Scheme will protect some 246 properties when complete.

Ballyvourney/Ballymakeera

The OPW, in partnership with Cork County Council, are engaging proactively to progress a preferred option for the Ballyvourney/Ballymakeera Flood Relief Scheme and to provide proposals for Public Exhibition to inform a scheme that is technically, environmentally and economically viable to proceed to detailed design stage. Environmental surveys were updated in 2021 by the environmental engineers on the project with a view to completing the Environment Impact Assessment and to ensure that suitable mitigation requirements are implemented and appropriate processes to comply with statutory provisions are followed. The scheme will protect some 90 properties when complete.

Ballinhassig

A pre-feasibility study into the flooding issues in Ballinhassig has been completed by the Office of Public Works and has identified a preferred option for the area. Further assessment of the environmental impacts is currently being reviewed to inform the planning process, after which the project will progress to planning and detailed design. The scheme will protect some 8 properties when complete.

The proposed schemes for Ballingeary, Inchigeelagh, Inishannon, Castlemartyr, Castletown Bearhaven, Kanturk, Rathcormack, Schull and Youghal are not in the first tranche of projects to be progressed. The OPW and Cork County Council are working closely to ensure that the programme of flood relief projects identified for Cork County is kept under review, and that all projects will be commenced as soon as possible within the timeframe of the current National Development Plan. The OPW, working closely with its Local Authority Delivery Partners, at all times strives to expedite and progress capital flood relief works with the minimum delay within the resources available to it.

In relation to schemes being progressed in the Cork City area, the status is as follows:

Lower Lee Flood Relief Scheme and Morrison’s Island

The Lower Lee Flood Relief Scheme (LLFRS) is currently at Planning and Detailed Design stage and it is intended to submit the Scheme for Confirmation to the Minister for Public Expenditure and Reform later in 2022. While the project budget of the Lower Lee Flood Relief Scheme at Public Exhibition stage was €140m, significant enhancements to the proposed scheme design, resulting from engagement and submissions at Public Exhibition stage, will require this figure to be revised before the submission for Confirmation. Once the Scheme is confirmed by the Minister for Public Expenditure and Reform under the Arterial Drainage Acts 1945 and 1995, and following the appointment of Contractors, the Scheme will have an anticipated construction period of 5-6 years.

The estimated cost for the Lower Lee Scheme includes approximately €12m for the Morrison’s Island scheme, which is a Cork City Council-led public realm scheme with flood defence elements part-funded by the OPW. Although the Morrison’s Island project is primarily a public realm project, it will also include the integration of flood defences in the area, and elements of its design are therefore being coordinated with the design of the Lower Lee Flood Relief Scheme, and co-funded by the Office of Public Works.

An Bord Pleanála granted approval for the Morrison’s Island Public Realm and Flood Defence Project in June 2020. However, in August 2020, the Save Cork City (SCC) Community Association Ltd. applied for, and was granted, leave to take a Judicial Review of An Bord Pleanála’s decision to approve the project. The Judicial Review hearing took place in July 2021 and the High Court upheld the Decision of An Bord Pleanála to grant the planning permission for the proposed development, and refused a stay on the undertaking of any works pursuant to the grant of the planning permission for the proposed development. Accordingly, tender documentation for the procurement of a civil works contractor is being finalised and will issue following the pre-qualification process for the shortlisting of candidates for the tender process, which is currently ongoing.

Blackpool

The Minister for Public Expenditure and Reform confirmed the Blackpool Flood Relief Scheme, with an estimated cost of €20.5m, in March 2021 and construction was expected to commence in 2022.

In June 2021, the community group, Save Our Bride Otters (SOBO), was granted leave to apply for a Judicial Review of the decision of the Minister for Public Expenditure and Reform to approve the Blackpool Flood Relief Scheme. A stay was also granted on works being carried out pursuant to the Decision, pending the resolution of these proceedings.

The Department of Public Expenditure has agreed to consent to an order reverting the evaluation of the Blackpool Flood Relief scheme back to an advanced stage of further public consultation. In agreeing to this, the Department of Public Expenditure has conceded the matter on a single ground related to public consultation procedures on certain information as part of the confirmation process. The confirmation process for this scheme, including any additional public consultation required, is a matter for the Department for Public Expenditure and Reform. The Office of Public Works will continue to engage with Department for Public Expenditure and Reform as appropriate to further progress the scheme.

The Office of Public Works, along with a multi-disciplinary team, has done extensive work over the last nine years to analyse, assess and model the flood risk in Blackpool, and has considered a wide range of options for managing the significant risk posed to property and people. This work has resulted in the development of the most effective Flood Relief Scheme to provide this community with much-needed protection from extreme flood events, both now and into the future. During the course of the development of the Blackpool (River Bride) Flood Relief Scheme, the OPW also has engaged extensively with the public and other stakeholders. The proposed flood relief scheme is a critically required infrastructural investment in the Blackpool area, which will serve to protect the businesses and people in the area from the ongoing risk of flooding. The Office of Public Works reiterates its commitment to achieving this objective.

Douglas and Togher

The Douglas flood relief scheme (including Togher culvert) is being progressed by Cork County Council and Cork City Council (following boundary extension). In November 2017, planning approval was given by An Bord Pleanála for the Douglas (including Togher culvert) scheme. The scheme is being delivered in three Phases. Construction of the scheme commenced in 2019, with the first two phases now substantially complete. The construction contract was awarded for the final phase, Phase 3 - Togher Main works, in Summer 2021, with the scheme now at construction. The scheme will protect some 231 properties.

Glashaboy River (Glanmire Sallybrook)

The Glashaboy River Flood Relief Scheme at Glanmire / Sallybrook, Cork is being progressed by Cork City Council. This scheme was confirmed on 18th January 2021 by the Minister for Public Expenditure and Reform. The scheme will provide protection to some 103 properties. Cork City Council as the Contracting Authority for the project will appoint the civil works contractor. Tenders for the above scheme were invited by Cork City Council on eTenders on 30th September 2021, with the closing date for receipt of tenders of 24th January 2022. The tenders are currently being assessed and it is anticipated that construction of the scheme will commence in Quarter 2, 2022.

Television Licence Fee

Questions (99)

Catherine Murphy

Question:

99. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if the Revenue Commissioners will be the authority responsible for collecting the television licence in 2022 or beyond. [10233/22]

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Written answers

The principal mechanism for the provision of public funding to support public service broadcasting in the State is the TV Licence fee.  

The Future of Media Commission was established by Government to consider the future of print, broadcast, and online media in a platform agnostic fashion; and the potential measures required to ensure that our public service media continues to play its essential role within our society for the foreseeable future. This included consideration of a sustainable future funding model.

After extensive engagement, the Commission completed its work and submitted its report to the Taoiseach and myself in the Autumn.  The Report’s recommendations are far-reaching and will inform media and broadcasting policy for the coming years. As such, they have required careful and detailed consideration, particularly in light of a range of other complex and inter-related issues that will require decisions by Government in the wider media and digital space. It is intended that the report will be brought to Government for consideration as soon as its recommendations have been fully considered.

As provided for under Section 145 of the Broadcasting Act, 2009, An Post are the designated collection agent for the TV Licence fee, and they will continue to carry out this statutory function until such time as Government may decide on an alternative funding model.

Departmental Bodies

Questions (100)

Fergus O'Dowd

Question:

100. Deputy Fergus O'Dowd asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the status of the latest work relating to the Media Commission recruitment drive; and if she will make a statement on the matter. [10289/22]

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Written answers

Given the importance of Coimisiún na Meán, Government has approved its establishment on an administrative basis prior to the enactment of the Bill. While Coimisiún na Meán will ultimately be funded through levies on regulated services, I secured €5.5 million in Budget 2022 in start-up funding to support the administrative establishment of An Coimisiún and enable it to hit the ground running as soon as it is formally established.

The recruitment of the senior staff who will manage An Coimisiún is a priority. Work is currently underway between my officials and officials from the Department of Public Expenditure and Reform and the Public Appointments Service to secure the recruitment of those staff, including the Executive Chairperson and Online Safety Commissioner, through open, transparent and effective public competitions.

As provided for by the Online Safety and Media Regulation Bill 2022, the recruitment of the Commissioners and Executive Chairperson will be carried out by the Public Appointments Service. I expect that these critical posts would be advertised in the second quarter of 2022 at the latest.

Oideachas trí Ghaeilge

Questions (101)

Catherine Connolly

Question:

101. D'fhiafraigh Deputy Catherine Connolly den Aire Turasóireachta, Cultúir, Ealaíon, Gaeltachta, Spóirt agus Meán maidir le Ceist Uimhir Pharlaiminteach 71 ar an 20 Eanair 2022, stádas an ghasra oibre, an bhfuil an gasra bunaithe fós; soiléiriú a thabhairt ar na téarmaí tagartha; agus an ndéanfaidh sí ráiteas ina thaobh. [10295/22]

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Written answers

Mar a mhínigh mé don Teachta i mo fhreagra ar Cheist 71 ar 20 Eanáir, tá mo Roinn ag obair i dtreo grúpa oibre a bhunú faoi chathaoirleacht mo Roinne a bheidh ag obair ar leas tuismitheoirí Gaeltachta atá ag tógáil a gclann trí Ghaeilge nó ar mhian leo sin a dhéanamh. Is i gcomhthéacs fhorfheidhmiú an phróisis pleanála teanga a dhéanfar é sin.

Mar is eol don Teachta, cuireann mo Roinn raon tacaíochtaí faoi chláir éagsúla ar fáil do thuismitheoirí agus teaghlaigh Gaeltachta chun cuidiú leo a gclann a thógáil trí Ghaeilge. Is fiú a lua go sonrach gur cheadaigh mo Roinn maoiniú substaintiúil de €1.6m don eagraíocht Tuismitheoirí na Gaeltachta anuraidh chun cur ar a gcumas clár trí bliana ar leas teaghlaigh Gaeltachta a chur chun feidhme.

Le bunú an ghrúpa nua a bhfuil tagairt déanta ag an Teachta dó, tabharfar páirtithe leasmhara le chéile lena n-áirítear ionadaíocht ó na hOifigigh Pleanála Teanga, Údarás na Gaeltachta, Tuismitheoirí na Gaeltachta agus eagraíochtaí eile de réir mar is cuí.

Beidh sé mar phríomh-chuspóir ag an gcur chuige seo trí chéile tacú tuilleadh le feidhmiú an phróisis pleanála teanga mar a bhaineann sé le cur chun cinn na Gaeilge mar theanga teaghlaigh agus comhoibriú agus comhpháirtíocht a chothú i measc na bpáirtithe éagsúla atá ag feidhmiú ar an talamh faoi scáth an phróisis le cúnamh airgeadais mo Roinne.

Tá mo Roinn, i gcomhar le hÚdarás na Gaeltachta, ag dréachtú téarmaí tagartha don ghrúpa oibre i láthair na huaire . Táthar ag súil an chéad chruinniú den ghrúpa a thionól roimh dheireadh Márta.

Departmental Meetings

Questions (102)

Catherine Connolly

Question:

102. Deputy Catherine Connolly asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media further to Parliamentary Question No. 98 of 20 January 2022 and correspondence (details supplied), if she will provide a copy of the minutes taken in respect of the fortnightly meetings between her Department and Galway 2020; the reason for the delay in the provision of these minutes; and if she will make a statement on the matter. [10296/22]

View answer

Written answers

I am pleased to confirm that the minutes of the fortnightly meetings have been forwarded to the Deputy's Office.

Housing Schemes

Questions (103, 104)

Thomas Gould

Question:

103. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage his views on whether the use of a private operator in the mortgage to rent scheme represents value for money for local authorities and truly provides secure housing for tenants given that they will have to move after the lease ends. [10460/22]

View answer

Thomas Gould

Question:

104. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage his views on whether a monopoly is provided to the sole private operator operating the mortgage to rent scheme. [10461/22]

View answer

Written answers

I propose to take Questions Nos. 103 and 104 together.

The 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 concept of the scheme is that a household with an unsustainable mortgage goes from being a homeowner to being a social housing tenant. 

Under the MTR scheme, 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. 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. 

In the initial years of the scheme, the scheme relied solely on AHBs to purchase from lenders, properties that have been voluntarily surrendered by borrowers. A Review of the MTR scheme for borrowers of commercial private lending institutions was published in February 2017. While there are obvious social and economic benefits to be derived from the MTR scheme, most significantly by facilitating individual households in mortgage arrears to remain in their home, the 2017 Review acknowledged that consideration needed to be given to the capacity of AHBs to intensify their involvement in the MTR scheme given the ambitious targets for the AHB sector around delivering new social housing supply.

The 2017 Review committed to exploring the potential of private institutional investment in MTR in order to allow the MTR scheme to deliver at scale. The capital outlay to purchase these properties could be provided through private finance to avoid competing for upfront exchequer capital resources within the overall funding available for social housing. An Expressions of Interest (EOI) Request issued in 2017 inviting parties from the private sectors to express their interest in participating in a new alternatively funded long-term MTR lease model. The National Development Finance Agency (NDFA) acted as financial advisor during the process, undertaking due diligence on the financial capacity of the proposers to commit to the long-term undertaking of the scheme. The outcome from the EOI process was that a new MTR alternatively funded lease model was announced in 2018 with Home for Life Ltd. as the participant from the private sector.

Under this alternatively funded model, Home for Life Ltd. purchases properties from lenders subsequent to their voluntary surrender by borrowers that meet the MTR eligibility criteria and then enters into a long-term 25 year 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. Home for Life Ltd. is also responsible for managing and maintaining the property on behalf of the local authority in accordance with the lease requirements. 

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. 

A key benefit of the MTR scheme is that a unit is being brought into social housing rather than an additional social housing unit having to be sourced from the rental market at a time of increasing acute supply issues in the rental market or removing an additional rental unit from the rental market. The availability of the scheme means that people can avoid losing their homes and the associated family upheaval. As the household are at risk of losing their home, the scheme avoids an additional person or household being placed on the social housing list or additional reliance on other housing support schemes such as the Housing Assistance Payment.

The inclusion of a private entity, in addition to the existing AHBs who continue to be an integral part of the MTR scheme, gives opportunities to achieve greater scale and meet the long-term housing needs of a greater number of borrowers who have unsustainable mortgage arrears. This is evident through the increased number of completed cases since the private entity has entered into the scheme - up to the end December 2021, they have facilitated 672 families (40% of all MTR cases) to stay in their homes. In 2021, approximately 250% more cases were completed as part of the scheme than in 2019.

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. 

Defective Building Materials

Questions (105, 106, 107)

Pádraig MacLochlainn

Question:

105. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if the works carried out on homes under the pyrite resolution scheme are up to 2007 building standards as is being proposed by his Department for the updated defective concrete block grant scheme. [10131/22]

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Pádraig MacLochlainn

Question:

106. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if second homes that are not registered with the Residential Tenancies Board by a particular date are excluded from availing of the pyrite resolution scheme as is proposed for the updated defective concrete block grant scheme. [10132/22]

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Pádraig MacLochlainn

Question:

107. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the reason the Housing Agency oversees the pyrite resolution scheme process for homeowners from start to finish; and the reason this is not being proposed for the updated defective concrete block grant scheme. [10133/22]

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Written answers

I propose to take Questions Nos. 105, 106 and 107 together.

The 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.  The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material.

The pyrite remediation scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress and is limited in its application and scope. The full conditions for eligibility are set out in the scheme which is available on the Board’s website,  ww.pyriteboard.ie.  Under these conditions, if on 12 December 2013 a person owned, whether or not jointly, more than one dwelling, they may only make an application to the Pyrite Resolution Board for inclusion of one of those dwellings in the Scheme.

The Housing Agency implement the remediation process and undertake procurement of professional services and the remediation contracts. At the end of 2021, 2292 homes had been remediated at a cost of approximately €150m.

 In relation to the Defective Concrete Blocks Grant (DCB) Scheme, I brought a Memorandum to Government on an enhanced scheme on the 30 November 2021. It included an unprecedented suite of improvements to the current scheme which removes the financial barrier to scheme entry by simplifying and streamlining the application process.  It also increases the grants available from 90% to 100% of allowable costs and the maximum grant level from €247,500 to €420,000, provides for a second grant in certain circumstances, introduces an independent appeals process and strengthens the certificate of remediation available to homeowners.  Government approved the enhanced scheme which it is estimated will cost approximately €2.2Bn.  The terms of the enhanced DCB scheme reflect favourably when compared to the Pyrite Remediation Scheme.

The grant scheme when originally introduced was available to principal private residence only.  However, I have extended that to now include the individual’s principal private residence and RTB registered properties, that is, a house or apartment which an individual owns (or co-owns) and occupies as his or her only or main residence and a rented dwelling with a Residential Tenancies Board (RTB) registered tenancy on November 1st 2021 subject to a maximum of one rental property per household and the introduction of a clawback mechanism upon re-sale within a set time period depending on the remediation option used.  

The decision to go with a grant scheme, as opposed to the type of scheme provided by the Pyrite Resolution Board, gives homeowners the flexibility to manage their own projects and allow them to deal directly with their appointed contractor. It is also of note that the quantum of homes affected is in the region of 7,500, the majority of which would be a bespoke design. This means the large scale and individualised, home by home plans that form much of the work involved is not currently feasible for the type of scheme provided by the Pyrite Resolution Board via the Housing Agency. Homeowners will also be eligible for the newly revised SEAI retrofit grants. 

In relation to building standards, the Building Regulations apply to certain works to existing buildings e.g. all works in connection with the material alteration or extension of an existing building, a repair and renewal that is likely to affect the structural integrity of the building or building element being repaired or renewed etc.

The requirements of the Building Regulations are set out in 12 parts (classified as Parts A to M). Technical Guidance Documents (TGDs) are published to accompany each part of the Building Regulations indicating how the requirements of that part can be achieved in practice. Some technical guidance documents provide specific guidance on works to an existing building e.g. Section 2 of TGD L Conservation of Fuel and Energy. No works shall be carried out to a building which would cause a new or greater contravention in the building of any provision of Building Regulations. As a result, in general, the reinstatement of building elements in a remediation project is on a ‘like for like’ performance basis.

Planning Issues

Questions (108)

Carol Nolan

Question:

108. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if he will address concerns that the costs and inefficiencies in the planning process are creating a reduced ability among owners of agricultural land to progress the installation of solar panels that have the potential to reduce emissions and increasing the supply of green energy; and if he will make a statement on the matter. [10173/22]

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Written answers

Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.  Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations.

Class 18 of Part 3 of Schedule 2 of the Regulations provides an exemption for "the installation or erection on an agricultural structure, or within the curtilage of an agricultural holding, of solar panels (thermal collector or photo-voltaic)", subject to a number of conditions.   

My Department, in the context of the Climate Action Plan and in consultation with the Department of Environment, Climate and Communications, has undertaken a review of the solar panel planning exemptions set out in the Regulations, with a particular focus on facilitating increased self-generation of electricity. This review is now complete. Substantial changes to the current planning exemption thresholds for solar panels are proposed, including those set out in Class 18 of Part 3 of Schedule 2 of the Regulations. 

In light of the need to appropriately address aviation safety concerns arising from the “glint and glare” impacts of solar panels and the easing of the solar panel planning exemption thresholds, the regulations will cover the vast majority of the land area of the country with limited restriction zones around airports. 

The draft regulations have been reviewed under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC and it has been determined that they are likely to have significant effects on the environment, necessitating the undertaking of a full SEA on the draft proposals. It is anticipated that the formal SEA process will commence, with consultation with the statutory environmental authorities to inform the content of the Environmental Report, following the completion of the screening for Appropriate Assessment by my Department’s Ecological Assessment Unit. The SEA Environmental Report will be published alongside the draft regulations for a period of public consultation of not less than 4 weeks. This public consultation is expected to commence shortly. A copy of the draft regulations and the Environmental Report will be made available for inspection over this period. Written submissions or observations will be taken into consideration before the finalisation of the draft  regulations. 

As required under planning legislation, the proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made and the SEA process concluded. It is intended that the process for finalising the solar panel planning exemptions will be completed in the coming months.

While these regulations are being advanced, my Department is concurrently examining the scope to draft supplementary regulations to further expand the exemptions by way of reducing the proposed restriction zones around airports. 

Following the introduction of the proposed exempted development regulations in respect of solar panels, and subject to compliance with the conditions associated with the relevant proposed exemption under Class 18 of Part 3 of Schedule 2 of the Regulations, there will be no need to seek planning permission for a wide range of solar panel development on an agricultural structure, or within the curtilage of an agricultural holding. Accordingly, no planning permission fees will apply in this regard. 

Vacant Sites

Questions (109)

Richard Boyd Barrett

Question:

109. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage the number of vacant sites identified in each local authority area across the country; the amounts levied in each area under the vacant sites levy; the amounts collected under the levy; the number of sites and the amounts outstanding in unpaid levies in each of the years 2016 to 2021, in tabular form; and if he will make a statement on the matter. [10199/22]

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Written answers

Under the vacant site levy provisions in the Urban Regeneration and Housing Act 2015 (the Act), planning authorities were empowered to apply a vacant site levy of 3% of the market valuation of relevant properties which were listed on local authority vacant site registers in 2018, which relevant owners were liable to pay in January 2019. The rate of the levy increased to 7% for sites listed on local authority vacant sites registers from 2019 onwards which site owners became liable to pay in January of the following year.

The requested information is provided in the attached Table.

Vacant Site Levy

This is based on returns submitted to my Department further to the issuing of Circular Letter PL 03/2021 on 8 March 2021 requesting the submission of a progress report on the collection of the levy by each local authority. It should be noted that under section 19 of the Act, unpaid levies due remain a charge on the land in question until they are paid.

Derelict Sites

Questions (110)

Richard Boyd Barrett

Question:

110. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage the number of derelict sites identified in each local authority area across the country; the amounts levied in each area under the derelict sites levy; and the amounts collected under the levy; the number of sites and amounts outstanding in unpaid levies in each of the years 2016 to 2021, in tabular form; and if he will make a statement on the matter. [10200/22]

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Written answers

Local Authorities are required to submit an annual return to my Department providing information on the operation of the Derelict Sites Act 1990 in their functional areas. The derelict sites returns are collected in Q2 of the following year. The requested information in respect of the years 2018-2020 is provided in the attached Table. Comprehensive derelict sites returns were not submitted by local authorities in previous years.

My Department continues to liaise with local authorities on the implementation of the Derelict Sites Act with a view to improving its effectiveness.

Derelict Sites

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