Written Answers Nos. 395-417
395. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the engagement that he has had on the investigation under way at An Bord Pleanála; and if he will make a statement on the matter. [37218/22]
View answerMy Department published the terms of reference (attached) for the Report into the management of conflicts of interest and relevant disclosures by the Deputy Chairperson of An Bord Pleanála in relation to certain Decisions of that Board on the 12th of May 2022. In accordance with the terms of reference, Remy Farrell, Senior Counsel, was requested to provide a report to the Minister for Housing, Local Government and Heritage within a period of 6 weeks from the 12th of May 2022.
On 22th June 2022 I received and acceded to a request from Mr. Remy Farrell for an extension of time to 29th July 2022 in order to allow Mr. Farrell sufficient time to complete his work and finalise the report. The Terms of Reference published on 12th May 2022 remain unchanged.
396. Deputy Joe Flaherty asked the Minister for Housing, Local Government and Heritage if an application from the Forgney community water connection previously known as group water scheme for a water connection to the Ballymahon public water system has been included in the Longford County Council bid under the new multi rural water programme 2022 to 2024 (details supplied). [37219/22]
View answerMy Department’s Multi-annual Rural Water Programme, through Exchequer funding, delivers improvements to water services in areas of rural Ireland where there are no public water services.
A working group – the Rural Water Working Group - is considering the composition of the measures for inclusion for funding under the upcoming multi-annual programme. Once I have had an opportunity to consider their report, I expect to announce details of the programme priorities and an invitation to local authorities, including Longford County Council, to submit bids will follow later this year.
The organisers of the proposed Community Water Connection referred to in the details supplied should continue to liaise with the local authority on their proposal and can submit it to them as part of the bids process. It is then a matter for the authority to consider it. The local authority can submit it to my Department as part of their bids if they consider it to be technically and economically viable.
Following the receipt of bids, an Expert Panel will evaluate all valid bids and based on the recommendations of the Panel a report will be submitted for my consideration and approval later this year.
My Department is responsible for policy while the day to day management of the multi-annual programme is devolved to the local authorities. Each local authority has appointed a Rural Water Liaison Officer (RWLO). The RWLO deals with the day to day issues for the programme and can be contacted at the local authority offices.
397. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage his reasons for continuing to refuse to derogate from the general scheme of legal protection of wild birds in the interests of public health and safety; and the reason that he extended the 2021-2022 derogations for three months and in so doing inflicting another high-density urban gull breeding season on identified impacted communities. [37224/22]
View answer398. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that Natural England has now fully implemented its new urban gull policy that it announced in February 2020 (details supplied); the reason that he and his Department despite having identical primary legislation in the Wildlife Act 2000 as amended, continue to refuse to provide any protection to communities in the State that are severely impacted by high-density urban gull colonies; and the reason that a lower standard of public health and safety protection is being applied by his Department.; and if he will make a statement on the matter. [37226/22]
View answer399. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if his Department and the National Parks and Wildlife Service retain all files and records pertinent to the research, consultation and preparation work for the drafting and approval of S.I. No. 254/1986 - European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1986; if not, if these materials were lodged with the National Archives under the 30-year rule applicable to all Departmental records; if materials were lodged with the National Archives, if he will provide a copy of the file reference number; if these materials are retained in his Department or the National Parks and Wildlife Service the reason that they have not been lodged with the National Archives; and if so, if he will provide a copy of the materials. [37230/22]
View answer401. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage further to Parliamentary Questions Nos. 226 and 227 of 31 May 2022, if his attention has been drawn to the fact that a 17-page formal complaint dealing with extremely serious matters that was submitted by persons to his Department on 23 February 2022 has neither been acknowledged nor replied to; and if he can advise on when a reply will issue. [37233/22]
View answer408. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he has the legal and operational responsibility on behalf of Ireland as a Member State for taking the requisite measures to maintain the population of bird species (details supplied) particularly in the interests of public health and safety; the means by which his Department would and will adapt the population of urban herring gulls in accordance with the specified criteria; and if these legal responsibilities are borne by any other State body or non-State body in which case if will he identify any such other body. [37327/22]
View answer409. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage the role and actions that he envisages being taken by the National Parks and Wildlife Service, local authorities and or any other State or non-State organisation towards the clear legal requirement for Ireland to take measures to maintain and adapt the population of urban-colonising herring gulls (details supplied). [37328/22]
View answer410. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 604 of 27 July 2021, when a comprehensive response will issue. [37329/22]
View answer411. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that those on a social welfare income are being refused homeless HAP due to the assumption that they will not be able to cover the extra rent that would be needed to obtain a place in Dublin and be able to pay for other necessities for example heating bills, electricity or food; if his attention has been drawn to the fact that persons are being made homeless as a direct result of this policy (details supplied); the way that he plans to resolve this issue; and if he will make a statement on the matter. []
View answerI propose to take Questions Nos. 397 to 399, inclusive, 401 and 408 to 411, inclusive, together.
The existing Wild Bird Declarations were extended by a period of three months to 31 July 2022 to allow for the completion of the review of submissions received as part of the public consultation process, the receipt of legal advice and other internal discussions in relation to species included in the Declarations for the coming year.
I have now signed two new Declarations, one general and one relating to air safety, that reflect Article 9 of the Birds Directive and these will operate from 1 August 2022 to 30 April 2023. These are available on the NPWS website: www.npws.ie/legislation/eu-directives/birds-directive/eu-birds-directive-article-9-derogations.
An individual may apply for a licence under Section 42 of the Wildlife Acts at any time of the year to take appropriate steps to stop serious damage being caused by a protected wild bird or animal. To date in 2022 my Department has received only one application for such a licence to remove a nest from a private residence.
It should be noted that my Department does not own the urban gull population and is not responsible for the management of urban gull populations generally. Gulls are like other wild birds in this country and it is not part of the remit of my Department, nor indeed would it be generally possible, to control their nesting habits and remove them from all private buildings. In the case of gulls on private property, management is a matter for the relevant property owner.
Building on the success of Seabird 2000, my Department is collaborating with counterparts in the UK, including in particular the Joint Nature Conservation Committee (JNCC), to update the census of all seabirds breeding in Ireland and Britain. A significant amount of fieldwork and preliminary reporting on a nationwide survey of Ireland’s breeding urban gull populations occurred during 2021. National estimates of urban gull populations are not yet finalised, as the analysis is part of this combined initiative that is to be reported on in due course.
On foot of the reply to Questions No. 289, 246 and 290 to 295 of 28 June 2022, a letter has issued to the Deputy, and the receipt of the other correspondence has been acknowledged and a further response will issue in due course.
400. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if he will provide the details of the licences provided to Dublin City Council by the National Parks and Wildlife Service for the five-year scaring programme; and the analyses over the five years that were conducted by the National Parks and Wildlife Service to ensure that the scaring programme was effective, proportionate and economically justifiable. [37231/22]
View answerI am unaware of the details of a five-year scaring programme being run by Dublin City Council.
The National Parks and Wildlife Service (NPWS) of my Department has issued licences to Dublin City Council over a number of years under Section 42 of the Wildlife Acts to control protected wild birds causing serious damage. The licences that were issued in relation to gulls at Stillorgan Reservoir, Co. Dublin were on the following dates:
- 29 April 2014 - for the period 29 April 2014 to 29 April 2015
- 5 August 2015 - for the period 5 August 2015 to 5 August 2016
- 4 August 2016 - for the period 5 August 2016 to 5 August 2017
- 3 August 2017 - for the period 6 August 2017 to 6 August 2018
- 25 September 2018 - for the period 25 September 2018 to 25 September 2019
- 7 August 2019 - for the period 26 September 2019 to 25 September 2020
402. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if he will advise on a matter (details supplied). [37250/22]
View answerFollowing the formation of the current government, this function now sits with me as Minister of State with responsibility for Heritage and Electoral Reform.
My Department’s Development Applications Unit (DAU) has looked into the matter and advises that, while it is unclear which of Doneraile’s two Architectural Conservation Areas (ACA) is in question, the matter is not under Part 8 of the Planning and Development Acts but rather relates to Section 38 works (Traffic Calming Measures) under the Road Traffic Act, 1994. The DAU advises that there is no requirement to refer works under Section 38 to my Department and that no such notice has been received by my Department at this time. Neither has my Department received notification of these works arising from the town’s ACA designation and related obligations.
403. Deputy Mary Lou McDonald asked the Minister for Housing, Local Government and Heritage when he will publish a general scheme to grant an entitlement of maternity leave to councillors elected to local government. [37262/22]
View answerFurther to my reply to Parliamentary Questions no. 216 and 231 of 5 July 2022, preparation of the general scheme to grant an entitlement of maternity leave to local authority elected members is being prioritised in my Department. Once approved by Government, the general scheme will be forwarded to the Office of the Parliamentary Counsel for drafting of the Bill and published when that process is complete.
404. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the status of progress for the Cork Event Centre. [37275/22]
View answerThe Cork Event Centre was included as a commitment under Project Ireland 2040 and it underlines the Government’s objectives around urban regeneration, enhanced amenity and heritage, associated quality of life standards, balanced regional development, and the regeneration and development of Cork City Centre.
It was agreed in the context of Budget 2020 that responsibility at central Government level for making the grant aid support available for the project would transfer to my Department.
Responsibility for the advancement of proposals for the development of the Cork Event Centre remains, in the first instance, a matter for Cork City Council.
I understand that the detailed design of the Event Centre will be completed by the end of Q4 2022 following which Cork City Council will engage with the contractors in respect of the construction stage.
405. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if his Department and bodies under the aegis of his Department have engaged the services of two organisations (details supplied) at any point from 1 January 2020 to date; the costs associated with or incurred by the provision of services from these organisations; and if he will make a statement on the matter. [37286/22]
View answerThere is no record of any payments to ‘Kinzen’ (www.kinzen.com/company) on my Department’s Financial Payments System.
Carr Communications Ltd was engaged by my Department on several occasions over the 30 months within the scope of the question – predominantly for staff training on leadership/people management, presentations and interviews. The costs incurred during that timeframe were €51,599.84.
Details requested in relation to bodies under the aegis of my Department are a matter for the individual bodies concerned and are not collated or retained by my Department. Arrangements have been put in place by each organisation to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The relevant contact email address for each organisation, to which members may address queries, are set out in the following table.
|
Bodies under the aegis of the Department of Housing, Local Government and Heritage |
|
|
An Bord Pleanála |
oireachtasqueries@pleanala.ie |
|
Housing Finance Agency |
oireachtas.enquiries@hfa.ie |
|
The Housing and Sustainable Communities Agency |
publicreps@housingagency.ie |
|
Ervia |
oireachtas@ervia.ie |
|
- Irish Water |
- oireachtasmembers@water.ie |
|
- Gas Networks Ireland |
- oireachtas@ervia.ie |
|
Local Government Management Agency |
corporate@lgma.ie |
|
Ordnance Survey Ireland |
Oireachtas@osi.ie |
|
Property Registration Authority |
reps@prai.ie |
|
Residential Tenancies Board |
OireachtasMembersQueries@rtb.ie |
|
Valuation Office |
oireachtas.enquiries@VALOFF.ie |
|
Valuation Tribunal |
info@valuationtribunal.ie |
|
Land Development Agency |
oireachtas@lda.ie |
|
Office of the Planning Regulator |
oireachtas@opr.ie |
|
Pyrite Resolution Board |
oireachtasinfo@pyriteboard.ie |
|
National Oversight and Audit Commission |
info@noac.ie |
|
Water Advisory Body |
info@wab.gov.ie |
|
An Fóram Uisce |
info@nationalwaterforum.ie |
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National Traveller Accommodation Consultative Committee |
ntacc@housing.gov.ie |
|
Waterways Ireland |
ceoffice@waterwaysireland.org |
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Heritage Council |
oireachtas@heritagecouncil.ie |
|
Docklands Oversight and Consultative Forum |
infodocklands@dublincity.ie |
|
Approved Housing Bodies Regulatory Authority |
oireachtasqueries@ahbregulator.ie. |
406. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage the status of the Local Authority Housing Delivery Action Plans that were being reviewed by his Department and which were due to be published before the end of Q2 2022; and if he will provide a list of the plans that have been published and the plans that have been delayed and when they are due to be published. [37296/22]
View answer413. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the oversight measures that will be provided by his Department to ensure that the housing targets laid out in the Housing Delivery Action Plans that are currently being prepared by each local authority are met. [37449/22]
View answerI propose to take Questions Nos. 406 and 413 together.
Housing for All is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade. This includes the delivery of 90,000 social homes, 36,000 affordable purchase homes and 18,000 cost rental homes. Housing for All is supported by an investment package of over €4bn per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn funding through the Housing Finance Agency.Under Housing for All, the Government will deliver 47,600 new build social homes; 3,500 social homes through long-term leasing and 28,500 new affordable homes in the period 2022-2026. A key action of Housing for All is that local authorities develop and submit Housing Delivery Action Plans to include details of social and affordable housing delivery in the period 2022-2026. All local authorities submitted their Housing Delivery Action Plans to me in December 2021 and my Department has worked closely with the local authorities to review and finalise the Plans, having regard to the targets and policy objectives set out in Housing for All. My Department has completed the review of all Plans and all local authorities have been advised to publish their Housing Delivery Action Plan on their websites.
Local authorities are independent corporate entities with full responsibility under law for the performance of their functions and the discharge of their governance and other responsibilities. My Department is working closely with the local authorities to ensure that they have the necessary funding and resources to deliver the social and affordable targets set out in Housing for All. In this regard, a central element of Housing for All is to build institutional capacity and Housing for All commits to strengthen the capacity of local authorities to initiate, design, plan, develop and manage housing projects and recognises that this requires the resourcing of the housing services of local authorities. Funding has been approved for 250 new posts for local authorities to support the delivery of social housing and work is nearing completion to identify additional resources required to support the delivery of Affordable Housing.
407. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage the status of the work of the Approved Housing Body Classification Working Group; and the progress that has been made to date towards securing off-balance sheet statistical classification for approved housing bodies. [37297/22]
View answerIn April 2018 the Department of Finance published the Stability Programme Update for 2018 which was the first set of fiscal projections produced by that Department to incorporate the CSO decision to reclassify the majority of Tier 3 Approved Housing Bodies (AHBs) as part of the local government sector. This was an important first step in the Government's assessment as to the impact of the Eurostat decision. The Department of Finance undertook an analysis of the implications for General Government Expenditure and General Government Debt and concluded that there are no direct Exchequer implications and the projections do not present any particular issue in the context of the fiscal rules.
In addition, my Department engaged with AHB sector representative bodies (namely, the Irish Council for Social Housing and the Housing Alliance) to examine proposals, including proposals which were presented by those bodies, as a possible means to achieve reclassification. The proposals are complex as they cut across a wide range of social housing policy issues and require extensive analysis.
An important part of this exercise is to examine the feasibility of measures which can be taken to develop the AHB sector in such a way so that it could be reclassified as being 'off-balance sheet', without undermining the foundations of social housing policy. In this context, it must be accepted that this will more likely be a more longer term objective.
Constructive discussions took place with AHB representative bodies over a number of months and these informed a pathway for dealing with the issues involved. It was agreed that a working group would be established to consider these issues further.
The AHB Classification Working Group comprises of representatives from:
- My Department;
- Department of Finance;
- The Housing Agency;
- The Housing Finance Agency;
- Irish Council for Social Housing (ICSH); and
- The Housing Alliance
The group is tasked with examining and making recommendations in relation to the following:
- Clarify the impact of the CSO’s classification decision on General Government Debt and General Government Expenditure;
- Assess the impact of the classification decision on the AHB sector (administrative, reporting, Tiers of AHBs, etc.) and assess the impact on delivery of housing under the Rebuilding Ireland Action Plan; and
- Examine the detailed sectoral proposals to achieve reclassification in the context of social housing policy more generally.
Notwithstanding the decision by Eurostat, the Government continues to see a central role for the voluntary housing sector in contributing to the delivery of social housing. It is committed to using all mechanisms and schemes, including through the AHB sector, to ensure that momentum is maintained towards meeting the ambitious social housing targets as detailed in Housing for all. This statistical classification will not affect these ambitious plans.
414. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the development contribution relating to water services which has been paid to Irish Water by each local authority since 2014 to date in 2022; and if he will make a statement on the matter. [37534/22]
View answerSince 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels in accordance with Section 7 of the Water Services (No. 2) Act 2013. This includes the connection of new developments to the public water services system.
In line with the creation of Irish Water, development contribution levies were adjusted by Planning authorities to ensure that the inclusion of any relevant portion in respect of water services infrastructure was discontinued. Circular PS 21/2013 issued by my Department to Planning authorities on 30 December 2013, setting out revised procedures in relation to the application of development contribution levies. Thus development contributions applied in respect of planning permissions granted on or after 1 January 2014 no longer include a portion in respect of water services infrastructure. Planning authorities were further advised that any new development contribution schemes made after 1 January 2014 should no longer contain charges in respect of water services infrastructure.
Responsibility for the independent economic regulation of Irish Water has been assigned to the Commission for Regulation of Utilities. In accordance with Part V of the Water Services (No. 2) Act 2013, the Commission is responsible for the determination of the charges, including connection charges, and charging arrangements, that shall apply to new customers seeking to connect to the water and waste water networks operated by Irish Water.
Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 0818 578 578.
415. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if a local authority can refuse a person access to homeless accommodation by reason of failing to provide a safety or legal reason for homelessness. [37539/22]
View answer416. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the criteria that a local authority can assess a person’s application for homelessness; and the documentation that needs to be provided by a person who is seeking homeless accommodation, having left their family home. [37540/22]
View answer417. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if he believes that it is appropriate to refuse homeless accommodation to a person who has a letter from a parent confirming that they can no longer stay in the family home and has no other means of accommodation. [37541/22]
View answer418. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the options that must be, and should be, available to a person who has been refused access to homeless accommodation. [37542/22]
View answer419. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the cases of some local authorities refusing individuals access to emergency accommodation due to the fact that they cannot provide a legal reason for homelessness. [37544/22]
View answerI propose to take Questions Nos. 415 to 419, inclusive, together.
Statutory responsibility in relation to the provision of homeless accommodation and related services rests with individual local authorities. My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of local authorities in addressing homelessness at a local level.
Under the Housing Act 1988 it is a matter for each local authority to determine whether a person is homeless; section 2 of the Act sets out the requirements in this regard. This allows local authorities to provide an immediate response to ensure households are provided with the accommodation and supports required while the ultimate aim is to work with households to exit homelessness in the shortest timeframe possible. When a household has been assessed as homeless, section 10 of the Housing Act 1988, provides that a local authority may provide accommodation and related services to that household.
Any household assessed as homeless may be placed into temporary emergency accommodation without the requirement to undergo a social housing assessment, allowing local authorities the flexibility that is essential to respond quickly and effectively to the various needs of cases that may arise. Local authorities also assess applications for social housing supports, ensuring housing supports are available to households unable to meet their accommodation needs from their own resources.
