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Wednesday, 6 Jul 2022

Written Answers Nos. 65-81

Housing Policy

Questions (65)

Mairéad Farrell

Question:

65. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if he will instate a ban on evictions; if not, if he will introduce support for those being evicted into homelessness; and if he will make a statement on the matter. [36444/22]

View answer

Written answers

Having regard to the manifest and grave risk to human life and public health posed by the spread of Covid-19 and in order to mitigate, where practicable, the effect of the spread of that disease, the Emergency Measures in the Public Interest (Covid-19) Act 2020 provided for a temporary moratorium on tenancy terminations, other than in exceptional and limited cases during the emergency period from 27 March 2020 to 1 August 2020.

I have no plans to introduce a ban on evictions, as to do so would constitute an unjust interference in landlords constitutional property rights and could discourage landlords from staying in the rental market.

The number of people accessing emergency accommodation throughout the country is of serious concern. The Government, local authorities and others are making every effort to reduce homelessness. Key to this is the delivery of new social housing and boosting overall housing supply.

The Government is investing significantly in social and affordable housing, with record funding allocated for current and capital investment in housing this year and for the duration of Housing for All until 2030. This year, funding is in place to deliver 11,800 social homes including 9,000 new build homes; this builds on 2021 delivery of 9,183 new social homes (which was a 17% increase on 2020 delivery).

More specifically, I have established the National Homeless Action Committee with initial key priorities being the advancement of additional measures to prevent Homelessness and of the Youth Homelessness Strategy.

I am working with Government colleagues and the Department of Public Expenditure and Reform to provide for an increase in the Housing Assistance Payment (HAP) discretion rate to 35% and to expand the couple’s rate to single persons for new tenancies. This will secure more tenancies and prevent new entries to homelessness. Local authorities are prioritising tenancy support services, homelessness prevention and promoting the use of the Placefinder service for HAP tenancies.

My Department has undertaken a review of Housing Delivery Action Plans, which were submitted by local authorities. These Plans include specific provision for one-bed units which are critical for exits from homelessness for single persons, and for the delivery of 4-bed units which are key in supporting exits from homelessness for larger families.

There will be a new Voids programme for 2022, with an emphasis on quick turnaround and re-letting of vacant social housing stock. In addition, in line with the commitment in Housing for All to support local authorities to drive take up of the enhanced Repair and Leasing scheme, the Government has recently approved a pilot expansion which will open the scheme to a wider range of owners, by removing the criterion that a property owner must be unable to fund or access funding to bring former vacant commercial and institutional buildings back into use under the Repair and Leasing scheme. These measures will increase supply of homes to those on social housing waiting lists, including those in emergency accommodation.

Recently, I also reinstated the delegated sanction to local authorities in respect of social housing acquisitions that meet certain criteria. This will allow local authorities more flexibility to secure acquisitions which support households to exit from or avoid homelessness.

My Department has approved the re-introduction of the Place Finder fee incentive by the Dublin Region Homeless Executive (DRHE). This will be payable where suitable properties are made exclusively available to homeless families through the DRHE Place Finders team and not advertised on letting websites or elsewhere.

The Government is providing more social homes, more homes are being completed in general and there is a strong pipeline of homes with building works commenced. This supply activity, as well as targeted measures specifically centred on homelessness, will allow us to meet the challenge of eradicating homelessness.

State Bodies

Questions (66)

Matt Carthy

Question:

66. Deputy Matt Carthy asked the Minister for Housing, Local Government and Heritage the progress made in implementing the recommendations of the Organisation Review of An Bord Pleanála by the Independent Review Group published in February 2016; the status of the progress of each of the 101 recommendations in tabular form; and if he will make a statement on the matter. [36450/22]

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Written answers

An Organisational Review of An Bord Pleanála was undertaken by an independent expert panel and published in March 2016. An Implementation Group, comprising representation from my Department and An Bord Pleanála (the Board), was established to oversee the implementation of the Review recommendations.

The Review contains 101 recommendations relating to:

- simplification of the planning legislation

- more open arrangements for the appointment for Board members

- improvements to the processes, systems and practices of An Bord Pleanála

- improvements to the organisational structure and staffing

- changes to the statutory objective timeframes and aspects of the Strategic Infrastructure Development process

The Implementation Group published its Terms of Reference and Plan for Implementation in 2016. The Board, supported by my Department, as required, took the lead in the implementation of a large number of the key recommendations, with my Department taking the lead in examining recommendations requiring legislative underpinning. An update, in tabular form, on the implementation status of each of the 101 recommendations contained in the report is attached.

An Bord Pleanála Review

Housing Schemes

Questions (67)

Jennifer Carroll MacNeill

Question:

67. Deputy Jennifer Carroll MacNeill asked the Minister for Housing, Local Government and Heritage the number of mortgage-to-rent alternative repayment arrangements executed in 2020 and 2021; and if he will make a statement on the matter. [36454/22]

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Written answers

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 an MTR provider who 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.

Mortgage to Rent is one of the solutions available to a borrower under MARP and it is not an Alternative Repayment Arrangement. An Alternative Repayment Arrangement may be a possible solution for a borrower who has difficulty in paying their mortgage, whereby they may be able to restructure their mortgage with their lender. More information on Alternative Repayment Arrangements can be found on the Citizen's Information website using this link: www.citizensinformation.ie/en/housing/owning_a_home/mortgage_arrears/alternative_repayment_arrangements.html

To the end of March 2022, 1,780 households with unsustainable private mortgages have completed the MTR process and 725 cases are being actively progressed. A total of 5,265 households are benefitting from the scheme which comprises of 2,892 adults and 2,373 children. In 2020, 363 Mortgage to Rent cases were completed and in 2021, 678 cases were completed. The Housing Agency publishes, on a quarterly basis, detailed statistical information on the operation of the MTR scheme which shows a breakdown of the number of active, completed, ineligible and terminated cases. This information is available on the Housing Agency's website at the following link: www.housingagency.ie/housing-information/mortgage-rent-statistics

Housing Schemes

Questions (68)

Steven Matthews

Question:

68. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the repair and lease scheme; the number of successful applications; the number of residential units added to the housing stock; the cost to the Exchequer of each unit broken down by county to date in tabular form; and if he will make a statement on the matter. [36455/22]

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Written answers

Data on the repair and lease scheme, including the number of applications received, as well as the number of units delivered, in respect of all local authorities is published at www.gov.ie/en/collection/6060e-overall-social-housing-provision/#repair-and-leasing-scheme-rls. The total capital and current spend is also provided at www.gov.ie/en/collection/6060e-overall-social-housing-provision/#repair-and-leasing-scheme-rls. As the capital funding is required to be repaid as an offset on the future rent, the final cost of the capital payment to the Exchequer is neutral.

The current funding data is based on local authority claims for operational agreements recorded on my Department's Social Housing Capital Expenditure Programme financial management system. The number of units funded may differ from the total number of units delivered due to the time lag in the submission of claims to my Department.

In addition, there are a number of variables which influence the current expenditure on repair and lease scheme leases – for example, the length of the lease; the size and location of the unit and the requirement to offset the capital funding, which may be front loaded or recouped over the term of the lease.

Building Regulations

Questions (69)

Steven Matthews

Question:

69. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the review of construction regulations in relation to refurbishment and change of use for regeneration and living over the shop type developments; and if he will make a statement on the matter. [36457/22]

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Written answers

The Building Regulations 1997 to 2021 provide for the safety and welfare of people in and about buildings and apply to the design and construction of a new building (including a dwelling) or an extension to an existing building. The minimum performance requirements that a building must achieve are set out in the Second Schedule to the Building Regulations.

They are subject to ongoing review in the interests of safety and the well-being of persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation. A number of reviews are ongoing at present including Part B Fire Safety, Part M (Changing Places Toilet) etc.

In February, I signed the Planning and Development Act (Exempted Development) Regulations 2022, which extend the operation of the previous 2018 Regulations in this regard until end 2025, and provide for an exemption from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises to residential use, including the conversion of vacant areas above ground floor commercial premises to residential use. This measure is aimed at facilitating the productive re-use of qualifying vacant commercial buildings as homes, while also facilitating urban renewal and the bringing on stream of increased housing supply.

In relation to the refurbishment or conversion of existing buildings for residential use, my Department also published the “Bringing Back Homes - Manual for the Reuse of Existing Buildings’, available on the following link www.gov.ie/en/publication/3c790-bringing-back-homes-print-version/. Created as a reference guide, the manual aims to provide property owners, members of the public, Local Authorities and those involved in the construction industry with clear guidance on how current regulatory requirements apply to common, existing building types.

In addition, under Housing for All, the suite of measures under the pathway to address vacancy and efficient use of existing stock include 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.

Details in relation to the operation of the Croí Cónaithe (Towns) Fund are at an advanced stage of development, including the scope and appropriate timeframes, and it will be launched shortly.

Housing Schemes

Questions (70)

Steven Matthews

Question:

70. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the croí cónaithe towns scheme; the eligibility criteria; the process to apply for support; and if consideration has been given to increasing the cap to allow for inflationary pressure . [36459/22]

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Written answers

Housing 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. This strategy provides for a broad suite of measures including for first-time buyers.

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.

Details in relation to the operation of the Croí Cónaithe (Towns) Fund are at an advanced stage of development, including the scope and appropriate timeframes, and it will be launched shortly.

Housing Policy

Questions (71)

Steven Matthews

Question:

71. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage if he will report on any research carried out by or on behalf of his Department regarding demand for apartments from owner occupier buyers; if this research has demonstrated interest in apartment living and apartment ownership; and if he will make a statement on the matter. [36460/22]

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Written answers

My Department commissioned independent research including, inter alia, the demand for owner-occupier apartments as part of the development process for the Croí Cónaithe (Cities) Scheme.

The research, which suggested considerable interest in apartment living and apartment homeownership, helped inform the scheme criteria and how the scheme might work. It is hoped to make the research available later in the year once the broader scheme development process has been completed.

Housing Provision

Questions (72)

Steven Matthews

Question:

72. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage if he will report on the development patterns of residential units; if the number being built and their locations are in adherence with the National Planning Framework; and if he will make a statement on the matter. [36465/22]

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Written answers

The preliminary Census results confirm that total national population growth is broadly in line with overall NPF projections. The NPF strategy is to shift the spatial development pattern towards more regionally balanced, city-focused and compact growth, over time, and the pattern to date may be summarised under three spatial headings:-

1) Regional Balance – this is to achieve more regionally balanced population growth, split roughly 50:50 between the Eastern and Midland Region (EMRA -which includes Dublin, Kildare, Louth, Meath and Wicklow), and the rest of the Country;

2) City and Regional Growth Drivers – to underpin regional balance, this is to target 50% of projected population growth in the five cities as drivers of regional development, with the balance of growth targeted throughout the Country. As part of this, there are also five cross-border and regional driver towns identified in parts of the Country that are not wholly within city catchments;

3) Compact Urban Growth – targeting 50% of new housing growth in the five cities within the existing built-up footprint, on either ‘infill’ (may not have been previously developed), or ‘brownfield’ (previously developed) lands. The NPF also targets 30% of new housing growth in settlements elsewhere, on infill and brownfield lands.

Approximately 35,000 new homes per annum are required over the next 10 years. The Housing Supply Target (HST) methodology breaks this down for each local authority and enables planning and monitoring of housing delivery on a continuous, rolling basis, while also allowing for flexibility. When HST was applied to local authorities in 2021, all but one needed to significantly increase overall housing output, with 22 out of 31 needing to do this by more than 100%.

CSO Data from the 3-year period 2019-21 provides early indication of the recent regional pattern of alignment. While housing development activity has increased to more than 30,000 new homes started in 2021, just over 60% of this activity in terms of permissions and completions, as well as commencements, remains concentrated in Dublin and the EMRA region.

While this indicates a divergence in the pattern of residential development against the NPF strategy, it reflects legacy pre-NPF County Development Plans that were in place during that period. The first round of post-NPF development plans are being adopted from 2021 and most will be completed in 2022 and 2023. In addition, more regionally balanced, employment and skills-led and infrastructure-supported economic growth will underpin regional housing demand, but will take time to achieve, through implementation of investment set out in the National Development Plan 2021-30, in conjunction with the NPF which will be reviewed in 2023.

While the proportion of housing commencements in Dublin as a whole in 2021 (single year) is broadly in line with the NPF target, both the proportion and level of housing growth in the four regional cities are significantly less than that targeted. Only around 30% of housing overall is being delivered in Cities and their suburbs, whereas the target is 50%, although both planning permission and commencement data indicate a shift in the pattern towards the target. Housing commencement data for Cork City in 2021 is up 86% over the preceding three years and is an early indication that the pattern is changing – there are similar positive turns in Limerick, Galway and the regional growth driver towns, albeit from a very low base in each case.

Within Dublin, there has been a deficit in housing starts into 2020 and 2021 below the level required to meet projected demand arising in the City. This in part continues to manifest as completions and commencements over and above the level for which there is projected local demand, in outlying counties such as Kildare, Meath and Wicklow.

My Department is pursuing a range of planning and housing-related policy initiatives and actions to address particular constraints surfacing on more brownfield/urban compact growth areas. These measures are embodied in the continued implementation and roll-out of Housing for All, especially housing affordability and viability, land activation, the enhanced role of the LDA and planning reform more broadly, through the AG-led review of the Planning Act.

In the cities and urban areas where housing development is being delivered, more compact forms such as apartments are now apparent, with apartments comprising 25% of national completions overall, 31% in urban areas as a whole and 37% of all commencements nationally, in 2021. In Dublin, 76% of housing starts were for apartment development in 2021 and the corresponding figure for the four regional cities was 42%. The trend beyond 2021 is similar, with 61% of permissions granted in 2021 to date for apartments, including 90% in the five cities.

In summary, NPF compact growth targets within cities and urban areas are close to being met, but only where housing development is actually taking place in such areas. There is still a significant gap between actual city and suburbs-focused growth and NPF targets, especially in parts of Dublin and the four regional cities, in favour of increased housing output in the commuter hinterlands surrounding the cities, in particular the counties around Dublin. Notwithstanding an overall upward trend in terms of completions, commencements and permissions, balanced regional growth targets remain challenging, although the implementation of the NPF and the NDP are at an early stage, with most County Development Plans yet to be updated.

National population growth is set to continue and it is apparent that current trends do not yet fully align with the development patterns envisaged in the NPF. In that context, the recent publication of the preliminary findings of the 2022 Census at a city and county level will also be considered, in the context of review and update of the NPF, although it must be highlighted that we are still only 4 years into a more than 20 year strategy. My officials will continue to monitor these early patterns and preliminary findings, which will inform the forthcoming review of the NPF.

Departmental Staff

Questions (73)

Sorca Clarke

Question:

73. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage the estimated full-year cost of recruiting an additional three whole time equivalent architects for his Department. [36479/22]

View answer

Written answers

The payroll cost of recruiting an additional 3 Architects would be €125,577.56.

Housing Policy

Questions (74, 77)

Eoin Ó Broin

Question:

74. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the other supports, if any, that are available to assist with rental payments in order for a family to avoid homelessness in the instance that the family is removed from the social housing waiting list as a result of the income threshold being met and that the family is in receipt of only a payment from the Department of Social Protection. [36504/22]

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John Lahart

Question:

77. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage the options that are open to persons who are in receipt of illness benefit and have been advised by their local council that they are not eligible to apply for social housing; and if he will make a statement on the matter. [36548/22]

View answer

Written answers

I propose to take Questions Nos. 74 and 77 together.

Applications for social housing support are assessed by the relevant local authority in accordance with eligibility and need criteria set down in the Housing (Miscellaneous Provisions) Act 2009 and associated Social Housing Assessment Regulations.

It is open to anyone to apply for social housing support, irrespective of their source of income. That said, the Regulations prescribe maximum net income limits for each local authority, with income defined and assessed according to a standard Household Means Policy.

The Policy provides for a range of income disregards, and local authorities may also disregard temporary, short-term or once-off income. Local authorities have no discretion to exceed the limits applying to their administrative areas.

Income is assessed based on an applicant's 12 months’ net average income immediately prior to application. This ensures the most comprehensive picture of a household’s current and previous income when the eligibility assessment is carried out. It also ensures fairness and equity in the system and that those with a continuing long-term need are prioritised. Households deemed ineligible for social housing may reapply and be reassessed for support at any stage.

Housing for All was published in September 2021 and, as part of a broad suite of social housing reforms, committed to reviewing income eligibility for social housing. The review has been completed and I will make a decision on its findings and recommendations shortly.

Rent Supplement may also be available for people in the private rented sector, subject to meeting the relevant qualifying conditions., if there has been a recent change in the household’s circumstances and short-term rent support is required.

Constituency Commission

Questions (75, 76)

Alan Kelly

Question:

75. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage when a constituency commission will be set up; if he will confirm that under Part II of Electoral Act 1997 Section 5 that a constituency commission shall be established once the Central Statistics Office publishes a Census report setting out the population of the State; and if he will make a statement on the matter. [36536/22]

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Alan Kelly

Question:

76. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if he will confirm that a constituency commission was established in 2016 on the same day that the Central Statistics Office published the population results of the Census; the reason that it is not the case in 2022; and if he will make a statement on the matter. [36537/22]

View answer

Written answers

I propose to take Questions Nos. 75 and 76 together.

The last Constituency Commission to review Dáil and European Parliament constituencies was established on 14 July 2016 following the publication of the preliminary Census results at that time.

The Electoral Reform Bill 2022, which is currently progressing through the Houses of the Oireachtas, provides for, among other matters, the establishment of an Electoral Commission. In addition, the Bill provides for the review of Dáil and European Parliament constituencies to be undertaken by the new Electoral Commission following its establishment. The Bill also provides for the repeal of Part II of the Electoral Act 1997 (including section 5 which currently provides for the establishment of a Constituency Commission following the publication of a Census of population Report setting out the preliminary result of a Census).

Under the provisions of the Electoral Reform Bill, the Report of the Electoral Commission on the review of Dáil and European Parliament constituencies will be published within three months of the publication of final Census results. This mirrors current arrangements whereby a Constituency Commission must complete its work within three months of the publication of final Census results. While the publication of final Census results is a matter for the Central Statistics Office, final results are anticipated for publication in Spring 2023.

This would indicate that a final report from the Electoral Commission on Dáil and European Parliament constituencies would be expected in Summer 2023. It will be a matter for the Oireachtas to legislate for revised constituency boundaries following its consideration of the final report of the Commission.

It is intended that the Electoral Commission will be established shortly following enactment of the Electoral Reform Bill 2022. Committee Stage of the Bill commenced in Seanad Éireann on 30 June 2022 and is scheduled to resume on 6 July 2022 with Report and Final Stages scheduled for 7 July. In tandem with the Bill's progression through the Oireachtas, a transitional team has been put in place in my Department to progress the administrative elements of the Commission's establishment.

Question No. 76 answered with Question No. 75.
Question No. 77 answered with Question No. 74.

Coastal Protection

Questions (78)

Duncan Smith

Question:

78. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage when the National Coastal Change Management Strategy steering group will report on its initial findings and recommendations given that the group was due to report within six months of its foundation in September 2020 (details supplied); and if he will make a statement on the matter. [36592/22]

View answer

Written answers

The Government established the Inter-Departmental Group on Managing Coastal Change to scope out an approach for the development of a national co-ordinated and integrated strategy to manage the projected impact of coastal change to our coastal communities. The purpose of the steering group is to set out a high level scoping report for tackling the issue of sea level change. The Inter-Departmental Group is jointly chaired by my Department and the OPW and will bring forward options and recommendations for the Government to consider. The Inter-Departmental Group has met on three occasions to date and is also supported by a Technical Working Group, and bilateral engagements were held with a number of Department/Organisation.

The Technical Working Group met in May to consider the range of data, information and research available across State organisations and that which is needed in the short, medium and longer terms to monitor the projected impact of coastal change associated with sea level rise.

While I am precluded from commenting on any particular planning application, I understand, that its assessment is not directly contingent on the preparation of the scoping report.

However, the Inter-Departmental Group Steering Group last met in June and have now advanced the drafting and finalising of its report considerably. This report, when fully finalised, will be presented to Government for their consideration.

Defective Building Materials

Questions (79)

Cathal Crowe

Question:

79. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if he will provide an overview of the legal action that the State will take against manufacturers of defective concrete blocks; and the length of time that it will take for this matter to enter the courts system. [36595/22]

View answer

Written answers

Following on from the Government decision of the 30 November 2021 in respect of the enhanced defective concrete blocks grant scheme, the Government approved the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022 on 21 June and I intend to progress the legislation before the end of term in order to ensure that we can have the scheme ready for homeowners to access by the end of the year.

The purpose of this Bill is to implement and give legislative underpinning to a series of measures to improve and enhance the scheme as agreed by Government on 30 November 2021. Full details can be found at www.gov.ie/en/press-release/328d7-minister-obrien-welcomes-progress-on-enhanced-defective-concrete-blocks-grant-scheme/.

I requested and recently received a copy of an audit report of quarries in Donegal. This has required collaboration between State agencies, Donegal County Council, the National Building Control Office, as departmental lead, and the Geological Survey of Ireland. I am now reviewing with a view to publication and ensuring its recommendations are carried out.

I will appoint a Senior Counsel to review the causes of the defective concrete blocks and make recommendations on the matter. I expect to finalise terms of reference and appoint an experienced senior counsel in the coming months.

Wind Energy Generation

Questions (80)

Mairéad Farrell

Question:

80. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if his Department has been in touch with the European Commission to outline the way that it intends to proceed with Derrybrien wind farm; the progress being made towards resolution of the daily €15,000 fines; and if he will make a statement on the matter. [36597/22]

View answer

Written answers

In 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. However, I can advise that a decision on the substitute consent application for the Derrybrien Wind Farm in County Galway was signed by An Bord Pleanála on Friday 4 February 2022.

In their decision, the Board refused to grant substitute consent for ESB’s wind farm, which ends the statutory process seeking to retrospectively regularise the environmental impact assessment status of the wind farm, (the subject matter of the EU court judgment in case C-261/18). The Board's decision has been notified to all parties to the case, as well as being made available on the Board's website.

On 16 March 2022, ESB decided to cease operations at the Derrybrien wind farm permanently, and it is understood that ESB is preparing to decommission the wind farm in line with regulatory and legal requirements.

Planning legislation specifies that a development that has been refused substitute consent is deemed to be an ‘unauthorised development’ development by primary legislation, Galway County Council, the relevant planning authority, is required to issue a planning enforcement notice in accordance with sections 154 and 177O(5) of the Planning and Development Act 2000, which among other things shall require the cessation of activity on site.

On 30 May 2022, officials in my Department wrote to the European Commission, to seek to close out the related infringement case against Ireland (case C-261/18) on the basis of the Board’s decision to refuse permission for the wind farm, which unauthorised development is now an enforcement matter for the relevant planning authority. Discussions with the Commission in this regard are ongoing.

Passport Services

Questions (81, 89, 94, 95, 98, 99, 101, 102, 103, 108)

Michael Ring

Question:

81. Deputy Michael Ring asked the Minister for Foreign Affairs when a passport will issue to a person (details supplied) given that the application has exceeded its issue by date of 17 June 2022; and if he will make a statement on the matter. [36685/22]

View answer

David Cullinane

Question:

89. Deputy David Cullinane asked the Minister for Foreign Affairs the status of a passport application for a child (details supplied) given that it has exceeded the target issue date and applicant's travel date is imminent; and if he will make a statement on the matter. [36534/22]

View answer

John Brady

Question:

94. Deputy John Brady asked the Minister for Foreign Affairs the status of a passport application for a person (details supplied) given that the application has exceeded the target issue date and date of travel is imminent; and if he will make a statement on the matter. [36556/22]

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John Brady

Question:

95. Deputy John Brady asked the Minister for Foreign Affairs the status of a passport application for a person (details supplied) given that the application has exceeded the target issue date and date of travel is imminent; and if he will make a statement on the matter. [36557/22]

View answer

John Brady

Question:

98. Deputy John Brady asked the Minister for Foreign Affairs the status of a passport application for a person (details supplied) given that the application has exceeded the target issue date and date of travel is imminent; and if he will make a statement on the matter. [36560/22]

View answer

John Brady

Question:

99. Deputy John Brady asked the Minister for Foreign Affairs the status of a passport application for a person (details supplied) given that the application has exceeded the target issue date and date of travel is imminent; and if he will make a statement on the matter. [36561/22]

View answer

John Brady

Question:

101. Deputy John Brady asked the Minister for Foreign Affairs the status of a passport application for a person (details supplied) given that the application has exceeded the target issue date and date of travel is imminent; and if he will make a statement on the matter. [36563/22]

View answer

John Brady

Question:

102. Deputy John Brady asked the Minister for Foreign Affairs the status of a passport application for a person (details supplied) given that the application has exceeded the target issue date and date of travel is imminent; and if he will make a statement on the matter. [36564/22]

View answer

John Brady

Question:

103. Deputy John Brady asked the Minister for Foreign Affairs the status of a passport application for a person (details supplied) given that the application has exceeded the target issue date and date of travel is imminent; and if he will make a statement on the matter. [36565/22]

View answer

Bernard Durkan

Question:

108. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs if a passport will issue for travel on 8 July 2022 in the case of a person (details supplied); and if he will make a statement on the matter. [36655/22]

View answer

Written answers

I propose to take Questions Nos. 81, 89, 94, 95, 98, 99, 101 to 103, inclusive, and 108 together.

With regard to the specific applications about which the Deputies have enquired, the Passport Service has issued passports to the applicants.

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