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Thursday, 14 Jul 2022

Written Answers Nos. 381-400

Housing Provision

Questions (381)

Bernard Durkan

Question:

381. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the extent to which housing availability to the local authority under part 5 procedure continues to be made available to Kildare County Council or approved housing bodies, the extent to which this is impacting on the number on the local authority housing waiting list; the extent to which regulations affecting their allocation to suitable applicants continue to be determined by way of statutory regulations or otherwise; and if he will make a statement on the matter. [39322/22]

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Written answers

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. 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. In September 2021, I issued social housing targets to each local authority, with Kildare County Council allocated a target to deliver 2,068 new build social homes in this period. This target includes homes delivered through Part V, in addition to homes delivered through local authority and Approved Housing Body build programmes.

Details on Part V delivery in Kildare can be found on the statistics page of my Department's website at: www.gov.ie/en/collection/fd048-affordable-housing-and-part-v-statistics/.

The oversight and practical management of housing waiting lists, including the allocation and transfer of tenancies, is solely a matter for the relevant local authority in accordance with the Housing (Miscellaneous Provisions) Act 2009, and associated regulations.

Departmental Reviews

Questions (382)

Róisín Shortall

Question:

382. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage if he will commit to ensuring that the internal review of the planning decisions of a person (details supplied) in An Bord Pleanála will be published in full given the significant implications for the planning system; and if he will make a statement on the matter. [39417/22]

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Written answers

An Bord Pleanála ('the Board') is independent in the performance of its functions under the Planning and Development Act 2000 (as amended). Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie.

I understand this is an internal review which has been initiated by the Chairperson of An Bord Pleanála. I understand the Chairperson has assigned an internal team of senior management personnel to examine a number of decided cases where public commentary has raised issues and concerns around the procedures and processes applied in those cases.

I understand this process of internal examination of certain files is currently underway and is expected to be completed this month, when the internal team is due to report back to the Chairperson.

Departmental Data

Questions (383)

Catherine Murphy

Question:

383. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the number of housing units leased by local authorities per month by month and unit size in 2021 and 2022, in tabular form; and if he will make a statement on the matter. [39449/22]

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Written answers

The Social Housing Current Expenditure Programme (SHCEP) supports the delivery of social housing by providing financial support to local authorities for the leasing of houses and apartments.

Local authorities lease dwellings taking account of local need, the suitability of dwellings, sustainable communities’ considerations and value for money. These properties are allocated to households on the social housing waiting list. As such, the type and size of dwelling leased, as well the entities from whom the houses are leased and the allocation of these dwellings, is a matter for the relevant local authority having regard to its most recent housing needs assessment.

Details of the unit sizes of each social housing leasing project are not held by my Department.

Leasing delivery statistics are supplied to the Department by the local authorities on a quarterly basis and are published quarterly. These statistics by local authority can be found under Social Housing Delivery under the heading "Overview" for Q1 2022 and under the heading "Leasing" for Leasing Output 2021 at the following link:

www.gov.ie/en/collection/6060e-overall-social-housing-provision/

Leasing delivery figures include social homes secured under local authority long term leasing, enhanced leasing, approved housing body long term leasing, short term rent availability agreements, mortgage to rent (MTR) and the repair and leasing scheme (RLS). From 2022 onwards, data for these schemes under Housing for All are collected and published individually against separate targets.

Delivery data for Q2 2022 is being collated at present and will be published as soon as that process is finalised.

National Parks and Wildlife Service

Questions (384)

Jennifer Whitmore

Question:

384. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the timeline for the recruitment of new directorates and the recruitment of 60 key staff for critically important roles within the National Parks and Wildlife Service as indicated in the strategic action plan for the service; the current number of staff recruited; and if he will make a statement on the matter. [39484/22]

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Written answers

The Strategic Action Plan for the National Parks and Wildlife Service (NPWS) sets out an ambitious timeline for a full organisational restructuring of the NPWS, and a substantial €55 million additional investment in the organisation across three budgetary cycles, together with the accelerated early recruitment of at least 60 key staff for critically important roles.

This Plan aims to deliver a NPWS that is more resilient, better resourced, and better equipped to play its part in Ireland’s response to the biodiversity emergency on the national and international stage. It will equip the NPWS with the organisational capability and supporting structures to enable it to deliver its mandate in protecting our natural heritage.

The restructured Directorates are largely in place. The recruitment of 60 key staff has commenced. These staff are across all grades and specialisms, including the new Engagement, Corporate. Five new Divisional Managers are currently being appointed, as are specialists in the areas of Ecology, Marine Habitats and Species and Legislation amongst others. In addition, I have also secured agreement to increase the number of conservation rangers from 83 to 120 and work is underway with the Public Appointments Service to achieve this.

Departmental Policies

Questions (385)

Jennifer Whitmore

Question:

385. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the conclusions contained within An Bord Pleanála’s maritime resource plan that identifies the additional staffing needs to implement its new functions expected under the Maritime Area Planning Act 2021; and if he will make a statement on the matter. [39485/22]

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Written answers

An Bord Pleanála’s Workforce Plan for 2021-2022 was approved by my Department in October 2021 and provided for 24 additional posts. This included an initial 8 staff for a new Marine/Climate Unit. Sanction was subsequently sought by An Bord Pleanála to fill 5 of these 8 Marine/Climate Unit positions, which my Department provided. The status of these 5 positions is detailed in the table below.

Administrative Assistant x1

1 Appointed

Senior Planning Inspector (or equivalent) x 2

2 Appointed

Executive Officer x1

Competition ongoing - 1 Appointment expected in August 2022.

Assistant Director of Planning x1

Vacant

My Department is currently engaging with the Board in relation to their proposed 2022–2023 workforce plan. A separate staff resourcing plan for projects associated with the Maritime Area Planning Act, 2021 was received from the Board on 20 June 2022. This Plan identifies extra posts in addition to the initial Marine/Climate Unit posts already approved and will also be considered in the context of the proposed Workforce Plan 2022-2023.

Foreshore Issues

Questions (386, 387)

Jennifer Whitmore

Question:

386. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the current status of the backlog in An Bord Pleanála in respect of foreshore licence applications for offshore renewables; the number of staff redeployed from his Department to An Bord Pleanála; the roles of each; and if he will make a statement on the matter. [39486/22]

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Jennifer Whitmore

Question:

387. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the number of new staff recruited to An Bord Pleanála to address the backlog in foreshore licence applications for offshore renewables; the role of each new staff member; the timeline for the recruitment of additional staff; and if he will make a statement on the matter. [39487/22]

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Written answers

I propose to take Questions Nos. 386 and 387 together.

I wish to advise the Deputy that An Bord Pleanála does not have any role in determining foreshore licence applications.

My Department currently has responsibility for assessing applications for a foreshore licence under the Foreshore Act 1933 for site investigations within the foreshore area linked to the proposed development of offshore renewable energy projects. The site investigations are critical activities developers undertake in order to investigate viability and prepare environmental impact assessments of potential future offshore renewable energy (ORE) infrastructure. The majority of these applications have been received in the last 12 months which is strong indication of the appetite and commercial interest in the developing ORE sector in Ireland.

The Foreshore Section of my Department also assesses foreshore consent applications for a range of other proposed activities and developments relating to ports and harbours, strategic infrastructure projects like water and waste water infrastructure, local authorities’ infrastructural works such as bridges, marinas, coastal protection works, flood relief works, as well as strategically important telecommunications and interconnector projects.

My Department is continuing to prioritise site investigation licence applications linked to a set of seven qualified ORE projects, known as "relevant projects" or Phase 1 project, which qualify to make an application to the Minister for Environment, Climate and Communications for a Maritime Area Consent (MAC) as part of the transition provisions in the Marine Area Planning Act 2021. Any project in this category granted a MAC by the Minister for the Environment, Climate and Communications must then apply for the necessary development permission from An Bord Pleanála under the new marine planning system.

Each application must be assessed appropriately in accordance with the applicable requirements of domestic and EU law including the EIA Directive, Birds and Habitats Regulations and the Foreshore Act. Over the last eighteen months, my Department has significantly increased its staffing resources in this area, including technical personnel available within the Foreshore Section to address this increasing workload of applications under the Foreshore Act. In parallel, the processes underpinning the statutory assessment processes have been refined allowing the various procedures to run in parallel, where appropriate. This should reduce the average time taken to assess an application. In addition, a panel of external specialist environmental consultants is in operation to assist in the technical assessment of applications.

I am satisfied that my Department is taking a proportionate and responsible approach to processing foreshore licence applications for site investigation licences linked to the proposed development of offshore renewable energy projects pending the update to policy in relation to the management of the Phase 2 for offshore renewable energy, as well as progress with the establishment of the Maritime Area Regulatory Authority. I will continue to keep the situation under review.

Question No. 387 answered with Question No. 386.

National Biodiversity Plan

Questions (388)

Jennifer Whitmore

Question:

388. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the expected timeline for the National Biodiversity Action Plan 2022; and if he will make a statement on the matter. [39488/22]

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Written answers

The 4th National Biodiversity Action Plan (NBAP) will set the national biodiversity agenda for the period 2023-2027.

The Plan has been in development since October 2021. The first phase of work involved an extensive review of national, European, and international policies, strategies, legislation and science relating to biodiversity. This review helped to inform a first draft of the Plan, which was circulated to an initial group of stakeholders, including the Biodiversity Forum, the Biodiversity Working Group, Government Departments and organisations that are likely to be involved in implementing the Plan.

Stakeholder engagement has been in the form of exploratory discussions, surveys, and detailed workshops. The 2022 National Biodiversity Conference in June formed a key element of public and cross-sector outreach and the outputs from conference discussions have helped to inform further refinement of the Plan, which will be issued for public consultation in the coming months.

The final draft of the Plan will be published in early 2023, to align with the outcomes of the Convention for Biological Diversity COP 15 and to allow the recommendations of the ongoing Citizens Assembly on Biodiversity Loss to be reviewed and incorporated, where appropriate.

Local Authorities

Questions (389)

Jennifer Whitmore

Question:

389. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the timeframe for the further roll-out of biodiversity officers in 2023-24 for local authorities; if expressions of interest for participation in the pilot for biodiversity officers has been advertised by the Heritage Council; the local authorities that will have biodiversity officers recruited in August 2022; and if he will make a statement on the matter. [39489/22]

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Written answers

My Department is committed to supporting local authorities in the important role they play in the implementation of actions contained in the National Biodiversity Action Plan. In that context, I have allocated €600,000 in 2022 towards the establishment of a Biodiversity Officer programme, with six officers to be recruited this year and a further roll out in 2023/24.

The programme is currently under way and will be delivered by the Heritage Council and the County and City Management Association, with the support of my Department and the National Parks and Wildlife Service. Expressions of interest for participation in the first phase will be advertised by the Heritage Council shortly and that it is expected that participating local authorities will begin the recruitment process in the coming months. Biodiversity officers are employees of the local authority and therefore the timeframe for recruitment will be determined at local level.

Question No. 390 answered with Question No. 343.
Question No. 391 answered with Question No. 343.
Question No. 392 answered with Question No. 343.

Housing Schemes

Questions (393, 396)

Alan Dillon

Question:

393. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage the progress made towards resolving rent arrears issues for tenants for people on fixed incomes, such as those on invalidity pension; and if he will make a statement on the matter. [39536/22]

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Alan Dillon

Question:

396. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage if he has engaged with the Department of Social Protection to reform eligibility for supplementary welfare allowance to cover rent arrears; and if he will make a statement on the matter. [39539/22]

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Written answers

I propose to take Questions Nos. 393 and 396 together.

The Department of Social Protection Supplementary Welfare Allowance scheme offers a safety net within the overall social welfare system by assisting those whose means are insufficient to meet their own needs and those of their dependents. The main purpose of the scheme is to provide immediate and flexible assistance to those in need who do not qualify for payment under other State schemes. There are several payments within the scheme, including once-off exceptional needs payments which can cover rent arrears.

Decisions regarding management of arrears are a matter for individual local authorities. Local authorities actively engage with tenants to ensure rent arrears do not arise in the first instance, including for those tenants on fixed incomes such as invalidity pension. Where arrears do arise the local authority will work with the tenant to put in place a repayment arrangement to assist the tenant in managing the arrears. This can include advising the tenant of the services offered by MABs. Local authority rent schemes also generally make allowances for specific hardship cases. In such cases, they may accept lesser amounts for a specified period if they consider the amount of rent due would cause undue hardship for the tenant.

Housing Provision

Questions (394, 400)

Alan Dillon

Question:

394. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage the measures that are being taken to address the difficulties local authorities face when transferring tenants to the rental accommodation scheme from the housing assistance payment given that some landlords may refuse, leading to the termination of leases; and if he will make a statement on the matter. [39537/22]

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Alan Dillon

Question:

400. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage if he will ensure that there is a mechanism to create a mutually beneficial situation for landlords and tenants to switch from HAP to RAS; and if he will make a statement on the matter. [39544/22]

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Written answers

I propose to take Questions Nos. 394 and 400 together.

The Housing Assistance Payment (HAP) and the Rental Accommodation Scheme (RAS) are forms of social housing support, provided by my Department, for people who have a long-term housing need.

If a household has been deemed eligible for social housing support, it is a matter for the local authority to examine the suite of social housing supports available, including the HAP scheme, to determine the most appropriate form of social housing support for that household in the administrative area of that local authority.

RAS has been an important contributor to social housing supply since its introduction in 2005 and has placed responsibility on local authorities to meet the accommodation needs of people in receipt of Rent Supplement for 18 months or longer, and who are assessed as having a long-term housing need. RAS has provided a more structured, accommodation-based approach to the use of the private rented sector to meet long-term housing need, thereby eliminating dependence on temporary income support payments through Rent Supplement. The scheme is delivered by local authorities who source accommodation from both the private market and Approved Housing Bodies.

In order for a household to qualify for HAP, they must first be assessed as eligible for social housing support by their local authority. Any household assessed as eligible for social housing is immediately eligible for HAP and those households must source their own accommodation in the private rental sector.

HAP is replacing Rent Supplement for those with a long-term housing need who qualify for social housing support. However, Rent Supplement will remain available through the Department of Social Protection (DSP) to households as a short-term income support.

A landlord or an agent acting on behalf of a landlord is not legally obliged to enter into a tenancy agreement specifically with a HAP recipient. However, on 1 January 2016, the Equality (Miscellaneous Provisions) Act 2015 introduced “housing assistance” as a new discriminatory ground. This means that discrimination in the provision of accommodation or related service and amenities against people in receipt of rent supplement, HAP or other social welfare payments is prohibited. Further information is available at www.ihrec.ie/your-rights/housing/housing-assistance-payment/

If a person feels that they have been discriminated against by a landlord or their agent, they can make a complaint under the Equal Status Acts to the Workplace Relations Commission; further information is available on the Commission's website, www.workplacerelations.ie/en/

Under the Housing for All strategy, the Government plans to increase the supply of housing to an average of 33,000 homes per year over the next decade, including an average of 10,000 new build social homes. As new build supply of social housing ramps up, there will be reducing reliance on the HAP and RAS schemes.

Housing Schemes

Questions (395, 397, 398, 399)

Alan Dillon

Question:

395. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage if applicants reach the HAP limit and then apply for supplementary welfare payment but get refused due to the fact that HAP is currently helping them with their rent, the measures that can be taken to address this issue; and if he will make a statement on the matter. [39538/22]

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Alan Dillon

Question:

397. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage if he will ensure there is a mechanism put in place for local authorities to ensure that the principle that no households should fall below an absolute minimum level of income after paying for their accommodation as set out in the Social Welfare Consolidation Act 2005 and to apply it to HAP households; and if he will make a statement on the matter. [39541/22]

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Alan Dillon

Question:

398. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage if he will ensure there is a mechanism by which no household should pay more than 30% of their net income on housing costs; and in circumstances that legally allowable rent increases cause these safeguards to be breached, for HAP subsidies to also be increased; and if he will make a statement on the matter. [39542/22]

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Alan Dillon

Question:

399. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage if he will ensure there is a mechanism for local authorities to establish a clear, accessible and transparent process to review HAP payments, in line with the 2021 report of the Ombudsman; and if he will make a statement on the matter. [39543/22]

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Written answers

I propose to take Questions Nos. 395, 397, 398 and 399 together.

The Housing Assistance Payment (HAP) is a form of social housing support for people who have a long-term housing need. In order for a household to qualify for HAP, they must first be assessed as eligible for social housing support by their local authority. Any household assessed as eligible for social housing is immediately eligible for HAP and those households must source their own accommodation in the private rental sector. The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on household size and the rental market within the area concerned

The Programme for Government commits to ensuring that HAP levels are adequate to support vulnerable households, while the supply of social housing increases.

Under Housing for All, the Department was tasked with undertaking an analytical exercise to examine whether an increase in the level of discretion available to Local Authorities under HAP is required. The Housing Agency undertook to carry out this analytical exercise on behalf of the Department to better understand what level of discretion should be made available to Local Authorities under HAP to maintain adequate levels of support.

Following receipt and analysis of this review, I, in cooperation with Government colleagues and the Department of Public Expenditure and Reform, have now approved an increase in the HAP discretion rate from 20% to 35% and for new tenancies to extend the couple’s rate to single person households. This will secure more tenancies and prevent new entries to homelessness. Both these measures came into effect from 11 July 2022.

Each local authority now has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit to secure appropriate accommodation for a household that requires it, or up to 50% in the case of homeless households in the Dublin region.

A separate review of the discretion available to Homeless HAP tenancies in Dublin, which is up to 50% above the prescribed maximum rent limits, is currently being undertaken by my Department, in conjunction with the Housing Agency.

It is a matter for the local authority to determine, on a case by case basis, whether, and to what extent, the application of the flexibility is warranted although it should be noted that local authorities have a responsibility to ensure that tenancies are sustainable.

From available data, at the end of Q4 2021, 57% of the total number of households being supported by HAP were benefiting from the additional flexibility, at an average rate of discretion of 24.2% above the relevant limit.

When the additional discretion available to homeless households in the Dublin Region is removed, 51.2%, of households nationally were benefiting from the additional flexibility. In those cases, the average rate of discretionary payment being used was 17.3% above the relevant limit.

My Department is aware that some HAP recipients are making payments directly to their landlords, beyond the amount of HAP being paid on their behalf. While there is no legislative provision precluding HAP supported households contributing towards the monthly rent required by the landlord, local authorities have a responsibility to ensure that tenancies are sustainable and that households in HAP are in a position to meet the rental costs involved. The supplementary welfare scheme and the Social Welfare Consolidation Act 2005 come under the responsibility of my colleague the Minister for Social Protection.

I am committed to decreasing our reliance on the HAP scheme and we will only do that through significantly scaling up our social housing supply. ‘Housing for all’ sets us on a pathway to delivering 90,000 social homes between now and the end of 2030 including 9,000 this year.

Question No. 396 answered with Question No. 393.
Question No. 397 answered with Question No. 395.
Question No. 398 answered with Question No. 395.
Question No. 399 answered with Question No. 395.
Question No. 400 answered with Question No. 394.
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