Written Answers Nos. 341-355
341. Deputy Paul Donnelly asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will report on her recent visit to New York; and the companies and-or officials she spoke to during her trip. [55335/22]
View answerMy recent trip to New York was Culture, Tourism and Media-led and involved a series of important meetings and events directly relevant to my portfolio. New York is a key strategic location for the promotion of Ireland through culture and tourism and is an important centre to engage with the Irish Diaspora in the US.
I met the Consul General of Ireland and other staff at the Consulate including Ireland's Cultural Officer based in New York. The work done by the Consul General and her staff is vital not only to the diaspora but also the millions of New Yorkers who have Irish ancestry and also to the many Irish artists and tourists who travel through New York each year.
With the Consul General, I also visited the Aisling Community and Cultural Center in Yonkers, where young people, and adults were participating in a wide range of Irish traditional arts. The Center is led by Sandra Feeney Charles and delivers a wide range of social and cultural services to the Irish community in New York.
I accepted an invitation from the Irish Arts Center to attend their 50th Anniversary Fund Raising dinner. This event, led by the Chair, is fundamental to supporting the operation of the Center which works in partnership with Culture Ireland to support opportunities for Irish artists to reach new audiences in the United States. I had the pleasure of visiting the new facility and seeing an exhibition of works by the acclaimed visual artist Maud Cotter, inspired by the poetry of Gerard Manley Hopkins. I also met the Center’s Executive Director and Director of Programming and Education to hear about the exciting programme of events planned for 2023, to receive feedback on the operation of the new Center which has received significant Government support in line with the Center's strategic importance under Global Ireland, and to discuss plans for Phase II of the development.
I visited Ireland House to meet officials from Tourism Ireland's United States team to discuss their work on promoting Ireland as a holiday destination.
Rebuilding the inbound tourism market from the US will be critical for our tourism industry and, in this context, I also took part in a business roundtable meeting with key travel trade, carrier and media contacts in the US. The increased funding secured for overseas tourism marketing in Budget 2022 has enabled Tourism Ireland to undertake its biggest ever programme of promotional activity in the US this year. In particular, given the unique relationship between Ireland and the US, travel to Ireland provides the opportunity for many Americans to research their Irish heritage and ancestry.
I also visited the New York Times and met with a Limerick-born senior story producer with the paper’s Pulitzer Award winning Virtual Investigations Team to hear his insights into their ground-breaking coverage, including of events in the war in Ukraine as well as into the media landscape in the United States.
The US and in particular, New York, is of strategic importance to Ireland in terms of promoting the country as a tourist destination and for the promotion of Irish arts.
342. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the number of officials in her Department who have undertaken the Harvard Business School advanced management programme in the past ten years to date; the grade of each official; and the cost for each attendee, in tabular form. [55491/22]
View answerI am advised that since the establishment of my Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media in September 2020 no officials have undertaken the Harvard Business School advanced management programme.
344. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if the Government carried out a review of the service level agreement between Irish Water and local authorities to provide a statutory mandate to Irish Water to repair and restore combined drains systems that were previously under the remit of local authorities, as agreed by Dáil Éireann by way of a Private Members' motion on water services; the outcome of this review; if a new service level agreement has been put in place; if Irish Water will repair and restore combined drains; and if he will make a statement on the matter. [55610/22]
View answerThe water services authority (Irish Water, since 2014) is legally responsible for water services infrastructure extending from a waste water works to the curtilage of a private property. Responsibility for waste water drainage pipes located within the boundary of a property rests with the owner of the property, in line with sections 43, 54 and 70 of the Water Services Act, 2007.
The above arrangements also applied when local authorities held responsibility for public water services prior to the establishment of Irish Water. Local authorities typically own a range of properties including offices, housing and other buildings relevant to their functional responsibilities, and may therefore continue to be responsible for pipework located within the curtilage of their own properties.
Having considered these matters in conjunction with Irish Water and the local government sector, my Department is of the view that the legal arrangements set our under the Water Services Act remain appropriate.
It may also be helpful to note that section 70 of the Act places a general duty of care on the owner or occupier of a premises to ensure that wastewater does not cause nuisance or risk to human health or the environment. The water services authority or any person affected by a failure of a third party to honour this obligation has recourse to the District Court in relation to a breach of the duty of care under section 70 once they have notified the third party in advance of their intention to make such a complaint. A prescribed form of notice of such complaint is available for general use under S.I. No. 141 of 2009.
345. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if he will consider extending the period to spread slurry given that the inclement weather has prevented farmers from completing the task; and if he will make a statement on the matter. [54109/22]
View answerThere is no regulatory provision to exempt slurry spreading in the closed period beyond the 15th October.
I have, in consultation with the Minister for Agriculture, Food and the Marine, set out scientific criteria to consider before granting an exemption to the closed period for slurry spreading under the Good Agricultural Practice Regulations. This exemption can only be applied up until the 15th October to reduce the closed period for slurry spreading from the 8th of October in 2022 and from the 1st of October in 2023.
For 2022, the closed period started on the 8th October and the maximum exemption available, subject to granting was for one week (from the 8th October to the 15th October). I did not receive any requests in the lead up to the closed period this year.
From 2023 onwards the closed period will start on the 1st October and the maximum exemption available will be for two weeks from the 1st October to the 15th October.
Further information on the criteria to be applied is available at this link: assets.gov.ie/233074/e5542381-4aa0-4aff-9b65-d9501f00eace.pdf
346. Deputy Patrick O'Donovan asked the Minister for Housing, Local Government and Heritage if he will confirm the date that he intends to introduce a temporary ban on eviction; the impact, if any, that the proposal has on existing tenancies where notices have been served due to the properties being sold; and if he will make a statement on the matter. [54149/22]
View answerThe Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 was signed into law on 29 October 2022. The Act makes emergency provision to defer the termination dates of certain residential tenancies that fall, or would fall, during the 'winter emergency period', beginning on 30 October 2022 and ending on 31 March 2023. The aim is to mitigate the risk that persons whose tenancies would otherwise be terminated during the winter would be unable to obtain alternative accommodation.
Provision is made for the deferral of the giving of effect to certain notices of termination, including those grounded on a landlord's intention to sell the rented dwelling, where they have been served by a landlord on or before 29 October 2022 and specify a termination date that falls during the 'winter emergency period'. Such terminations could take effect after the winter, in accordance with the Act, over the period from 1 April to 18 June 2023.
A deferral under this Act does not apply to a notice of termination served before or during the 'winter emergency period' where:
- the termination is grounded on the tenant’s failure to meet his or her obligations under section 16 of the Act of 2004, or
- the landlord states that the reason for the termination is:
-- on the ground of a breach of tenant obligations (other than to pay rent);
-- on the ground of a breach of a tenant’s obligation to pay rent; or
-- on the ground that the accommodation no longer suits the tenant’s accommodation needs having regard to the number of bed spaces and the size of the household.
Further information on the Residential Tenancies (Deferment of Termination Dates for Certain Tenancies) Act 2022 is contained on the website of the Residential Tenancies Board www.rtb.ie.
347. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of State-owned properties on derelict sites registers, by local authority, in tabular form. [54158/22]
View answerThe Derelict Sites Act 1990 imposes a general duty on every owner and occupier of land, including a statutory body or a State authority, to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. The Act also imposes a duty on local authorities to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site.
Under the Act, local authorities are required to maintain a derelict sites register, which includes the name and address of each owner and occupier, where these can be ascertained by reasonable enquiry, of any land which, in the opinion of the local authority, is a derelict site. Under section 8(5) of the Act, a copy of the derelict sites register for any local authority can be inspected at the offices of that authority during office hours. Members of the public can engage with their local authority in relation to addressing individual derelict sites in their local areas.
My Department does not collect data on the number of properties on the derelict sites registers of local authorities in which a statutory body or a State authority may have an interest. The relevant local authority should be contacted for this information.
348. Deputy Mary Lou McDonald asked the Minister for Housing, Local Government and Heritage if he intends to initiate a review into the planning process regarding the Moore Street site. [54165/22]
View answerUnder section 30 of the Planning and Development Act 2000, as Minister I am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
349. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the engagement that he has held with Irish Water on boil-water notices currently in effect in the State; and if he will make a statement on the matter. [54170/22]
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 level, including investment in wastewater treatment plants and returning wastewater safely to the environment in an efficient and sustainable manner. My Department has no operational function in this matter.
As a result, my Department does not compile the information requested but it may be helpful to note that 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, 1890 578 578.
Irish Water is closely regulated by the Health Services Executive and the Environmental Protection Agency in respect of public health protection and environmental compliance.
The Environmental Protection Agency as environmental regulator, is responsible for setting quality standards and enforcing compliance with EU Directives and national regulations for the provision of drinking water.
My Department maintains an ongoing engagement with Irish Water regarding strategic, financial and general operational matters.
350. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage the reason that a decision has not been made in an An Bord Pleanála appeal (details supplied) which was lodged on 10 October 2021 and an indicative date of 16 February 2022 for a decision was initially provided; and if he will make a statement on the matter. [54173/22]
View answer351. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage if the delays in decision-making by An Bord Pleanála is as a result of a lack of financial resources and-or a lack of human resources or mismanagement; and if he will make a statement on the matter. [54174/22]
View answer352. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage if the impact of the delays in decision-making by An Bord Pleanála on the economy has been quantified; and if he will make a statement on the matter. [54175/22]
View answer353. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage if An Bord Pleanála will be replaced by a body capable of carrying-out its current remit in an efficient and diligent manner; and if he will make a statement on the matter. [54176/22]
View answer354. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage the number of appeals lodged with An Bord Pleanála in 2021 that have not yet been decided; and if he will make a statement on the matter. [54177/22]
View answer355. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage the number of cases at An Bord Pleanála that a decision is still awaited more than six months after the initial indicative decision date; and if he will make a statement on the matter. [54178/22]
View answerI propose to take Questions Nos. 350 to 355, inclusive, together.
An Bord Pleanála (the Board) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts.
Under section 30 of the Planning and Development Act, 2000, as amended, the Minister is specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála (the Board) is or may be concerned.
Section 126 of the Planning and Development Act 2000, as amended, provides that it shall be the duty and objective of the Board to decide appeals as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, insofar as is practicable, there are no avoidable delays at any stage in the determination of appeals.
It is important to acknowledge that a certain percentage of cases, due to particular circumstance such as complexity, requests for further information from applicants for permission, or further submissions from other participants including third parties, will not meet the 18 week target.
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.
In order to be of assistance to the Deputy, my Department sought the information requested from the Board, who provided the following information in relation to normal planning appeals as at 26 October 2022:
|
Number of normal planning appeals on hand where a decision is still awaited more than six months after the initial indicative decision date |
235 |
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Number of normal planning appeals lodged in 2021 which have yet to be decided |
255 |
In October 2021 my Department approved the 2021-2022 An Bord Pleanála Workforce Plan which provides for an additional 24 posts across a range of technical and administrative grades including the setting up of a new Marine and Climate Unit to implement the role assigned to the Board under the Maritime Area Planning Act 2021 and associated projects under the Climate Action Plan 2021.
These additional 24 approved posts increase overall approved Board staffing by 13% from its previous total of 183 staff (excluding board members). In addition, the Board advertised on 25 March 2022 for qualified individuals to apply to be members of external specialist consultancy panels to advise the Board e.g. ecologists, ornithologists, hydrologists etc.
Following an updated assessment by the Board of resourcing issues likely to emerge as a result of planning applications for the National Development Plan and other infrastructure projects as well as legislative changes, a new workforce plan for 2022-2023 seeking additional resources was submitted to the Department by the Board earlier this year and this subsequently supplemented by a specific marine resourcing plan.
On October 4th, following Government approval, I published an Action Plan for An Bord Pleanála, which was informed by the Phase One review by the Office of the Planning Regulator of certain systems and procedures used by An Bord Pleanála. The Action Plan outlines several measures relating to the Board appointment process, structure, capacity, resourcing and operations within An Bord Pleanála.
The Action Plan notes that given the scale of operation, the transformation agenda and emerging functions in relation to the marine and climate action the Executive Management Team (EMT), which currently consists of the Chief Officer, a Director of Planning and a Director of Corporate Affairs, needs to be strengthened. It provides that the overall structure should comprise a number of additional posts, specifically to provide for lead roles on legal services, ethics and corporate governance and transformation, as well as an additional Director of Planning to head up the Marine and Climate Unit.
In addition to the new roles in the EMT, the Action Plan highlights that significant additional resourcing is required in the Board across a number of functions. In this regard, the Action Plan approves a total of c.30 additional posts, in line with the 2022-2023 workforce plan, to be introduced on a phased basis, new skills and a programme of transformation to ensure that the most efficient methods are in place in An Bord Pleanála.
“Housing for All – A New Housing Plan for Ireland” sets out a number of objectives with the aim of improving the functioning of the planning system including the comprehensive review and consolidation of planning legislation. This review is being led by the Attorney General and my Department and, as outlined in the Action Plan, a number of key proposals in relation to An Bord Pleanála are being advanced in this Planning Legislative Review. It is likely that the Planning Legislative Review will recommend a phased introduction of statutory timelines for classes of decisions, to be made by An Bord Pleanála.
