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Tuesday, 30 May 2023

Written Answers Nos. 373-395

Property Registration

Questions (375)

Catherine Murphy

Question:

375. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will provide the WTE-staff compliment of the Property Registration Authority, by grade; the number of vacancies at the PRA; and a timeline for filling the positions. [25729/23]

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Written answers

Established on 1 March 2023, Tailte Éireann is the State agency formed following the merger of the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland.  All the functions previously carried out by the Property Registration Authority, the Valuation Office, and Ordnance Survey Ireland are now being performed by Tailte Éireann. The functions previously carried out by the Property Registration Authority, in maintaining the National Land Register and the Registry of Deeds, are now being performed by the Registration Division of Tailte Éireann.

As at end April 2023, Tailte Éireann had a full staff complement of 890. 533. The numbers of staff, by grade, in the Registration Function is set out in the following table:  

Grade

Posts - Full Time Equivalents (FTE) at 30 April 2023

Deputy Registrar

2

Head of Operations

1

Principal Officers

7

Assistant Principal Officers

35

Higher Executive Officers

46

Executive Officers

158

Clerical Officer

116

Senior Mapping Manager

3

Regional Mapping Director

17

Superintendent of Mapping

5

Digital Mapping Officer

53

Service Officer

15

Total Serving at 30 April 2023

458

 

The matter of assigning staff to specific roles, including their recruitment, is a responsibility of the Chief Executive Officer of Tailte Éireann and the Senior Management Team. My Department has agreed additional staffing requests for the former bodies who now comprise Tailte Éireann as part of the annual Estimates discussions, for which funding has been provided. I understand that there are currently 52 vacancies to be filled in the Registration Division of Tailte Éireann.  Tailte Éireann continues to work closely with the Public Appointments Service (PAS) to attract and secure applicants for open positions, and to ensure that it is promoted as an employer of choice across mobility and inter-departmental competitions, in addition to concerted efforts to recruit directly from the external workforce.

To date in 2023 the Registration Division has filled 48 positions leading to a net increase of 30 FTE.

In common with all employers, there are challenges in recruitment and retention in a tight labour market. Tailte Éireann are working closely with PAS and on Strategic Workforce planning for the newly merged organisation to deliver its goals.

Planning Issues

Questions (376)

John Lahart

Question:

376. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage the position, in general terms, when an application is under review with An Bord Pleanála, in terms of whether any activity relating to the said application can be entered into. [25782/23]

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Written answers

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.

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 advised that activity relating to applications before the Board is very case specific as there are varying circumstances and factors to each case before the Board which need to be considered.

Question No. 377 answered with Question No. 366.

Planning Issues

Questions (378)

Jim O'Callaghan

Question:

378. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the steps that can be taken to expedite the decision-making powers of An Bord Pleanála, where decisions that were due a year ago have still not been made; and if he will make a statement on the matter. [25786/23]

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Written answers

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, I as Minister am 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.

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 .

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, may not meet the 18 week target.

The Planning and Development and Foreshore (Amendment) Act 2022, which was signed into law in December 2022, addressed certain initial matters which required immediate action on foot of the Action Plan for An Bord Pleanála, Phase 1 of the Office of the Planning Regulator Review of An Bord Pleanála, and other matters relating to addressing board vacancies and addressing the Board’s caseload, including:

• Increasing the limit on the maximum number of members of the Board from 10 to 15, so as to ensure that the increasing caseload can be managed, and the appropriate quorums and suitable allocation of casefiles can be assured, and

• Expanding the provision to appoint temporary ordinary board members to allow for the appointment of serving or former civil servants, public servants, or employees of the Board for a term of up to a year.

The total number of Board members in An Bord Pleanála is now 15, the maximum now provided for under the legislation and the greatest number of serving Board members ever.

In November 2022, 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, the Board's new marine functions, as well as a number of senior positions approved under the Action Plan for An Bord Pleanála, and in accordance with the An Bord Pleanála 2022-2023 Workforce Plan, the Board sought sanction for 34 additional posts. My Department provided sanction for these additional 34 posts in December 2022 and An Bord Pleanála is in the process of filling these positions.

On 27 March 2023, An Bord Pleanála sought agreement for a total of 59 new posts under Phase 2 of the An Bord Pleanála Workforce Plan 2022-2023, all of which were agreed by my Department. The Board submitted sanction approval requests for all of these posts and sanction was granted by my Department for all 59 posts.

There are currently more people working at An Bord Pleanála than at any time previously and, further to recent approval and sanctions, this will be increased to over 300 people when all the approved posts are filled. Together with the recent appointment of 15 board members, this will further support the decision making of cases at the Board.

Housing Provision

Questions (379)

Thomas Gould

Question:

379. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the average cost of building a one-bedroom apartment. [25811/23]

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Written answers

My Department assesses, approves and records local authority social housing delivery on a project basis, rather than on the basis of individual unit types.

As Social Housing Investment Programme (SHIP) funded construction projects by local authorities must, like all publicly-funded construction programmes, comply with the Public Spending Code and Capital Works Management Framework, my Department periodically issues Basic Unit Costs (previously referred to as Unit Cost Ceilings) for each local authority area, for use as a key benchmark for the development and costing of scheme designs at capital appraisal stage. While not a record of actual delivery costs, BUCs are based on an analysis of returned data from tendered social housing schemes.

To monitor tender cost trends and to inform the BUCs levels, my Department analyses the tender data for the construction cost element of new build schemes approved under the SHIP four stage approval processes for each unit type, where sufficient information is available to allow such costs to be extrapolated and where the information available is appropriate for comparison purposes.

Outlined in the table below is average construction costs (incl. VAT) for a one-bedroom apartment, recorded as part of the aforementioned analysis for projects tendered in 2022 (and 2023 to date). The table also sets out the range of costs that make up this average. The range of costs recorded vary, depending on design, location and on the level of abnormal requirements for each scheme (e.g. existing site conditions, demolitions, service diversions and site access requirements). Abnormal costs are also separately identified in the tables below.

2022 and 2023 to date

Construction Costs (incl. abnormals)

Construction Costs (incl. abnormals)

Abnormal Costs

Abnormal Costs

Average Cost Per Unit €

Average Cost per Unit €

Range of Costs Per Unit €

Average Cost per unit €

Range of Costs Per Unit €

1bed apartment

309,950

198k - 384k

36,784

15k - 62k

* Construction Costs as shown, are derived from unit cost analysis and capture the construction cost element only, incl. abnormals (i.e. not all-in costs)

The above costs relate to the construction element of the all-in delivery cost. Other items that make up the all-in total include:

• Design/technical fees: Design fees vary from project to project, depending on the location, size and complexity of a scheme (and depending on whether design services are provided by a local authority in-house or via external appointment). As a guideline/indicator, design fee are generally expected to range between 7.5% to 12.5% of construction costs.

• Land cost: Land costs will vary significantly from project to project, depending on location and ownership status (i.e. land costs could vary from existing local authority land at no cost to land purchased at market value).

• Utilities: Connection fees for Irish Water, ESB, gas, etc. As a guideline/indicator, utility connection costs are generally in the order of €7k per unit.

Other Costs: Other items that make up the all-in delivery cost can include site investigations/surveys, archaeological requirements, Percent for Art contributions  - and will vary from scheme to scheme.

It is understood by all involved in advancing social housing projects that a range of factors can impact on the costs for individual projects. Project-specific issues will always arise and will be central to how a project can be advanced and the costs for same. These factors are part of the regular engagement that happens between my Department and local authorities/AHBs which is focused on facilitating the earliest possible delivery of new social homes that are both high quality and value for money. To that end, as well as sharing BUCs with local authorities, my Department has previously shared outline specifications for new social housing and has also recently issued a new 'Design Manual' which will guide local authorities, AHBs and their Design Teams/consultants, on the design of social housing site layouts and the internal layouts of individual social homes. 

Departmental Schemes

Questions (380)

David Stanton

Question:

380. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage if private health contribution payments, private pension contribution payments and membership fees paid to trades union can be disregarded as income when calculating the weekly rent contribution paid by tenants to local authorities under the housing assistance payment; and if he will make a statement on the matter. [25819/23]

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Written answers

Housing Assistance Payment (HAP) is a form of social housing support 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.  

All households in receipt of HAP pay a differential rent based on the rent scheme set by the relevant local authority. The right of local authorities to set and collect rents on their dwellings is set out in section 58 of the Housing Act 1966. The making or amending of such schemes is an executive function and is subject to broad principles laid down by my Department including that; the rent payable should be related to income and a smaller proportion of income should be required from low income households; and that provision should be included for the acceptance of a lower rent than that required under the terms of the scheme in exceptional cases where payment of the normal rent would give rise to hardship.

Local discretion and flexibility are inherent in the devolved function of administering rent schemes.  Decisions regarding the increase or decrease in the rent charged to tenants of local authorities are matters for individual local authorities in accordance with its differential rent scheme.

Departmental Expenditure

Questions (381)

Rose Conway-Walsh

Question:

381. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if he will provide further details on the causes of the underspend of 32.5% or €141 million below profile, as outlined in the April Fiscal Monitor (details supplied); and if he will make a statement on the matter. [25835/23]

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Written answers

Capital expenditure by its nature does not generally arise in an even pattern throughout the year, and is dependent on the expected drawdown based on matters such as vouched expenditure, projects reaching milestones and completions etc. Profiles are set at the start of the year based on the prevailing circumstances and variances may arise over the course of the year.

As set out in the most recent Fiscal Monitor and in the table below, Gross Voted Capital expenditure for the Housing; Local Government and Heritage Vote Group amounted to nearly €293 million in the year to date at the end of April, €141 million or 32.4% below the profiled spend. Compared to 2022, gross capital expenditure in the Vote Group is running €93 million or 46.5% ahead of the outturn at the same point last year.

Gross Capital Expenditure at end April 2023 (€m)

2022 Outturn

200

2023 Outturn

293

Variance

93

% Variance

46.5%

 

 

2023 Profile

434

2023 Outturn

293

Variance

-141

% Variance

-32.4%

This variance of expenditure against profile at the end of April arises mainly from lower than anticipated expenditure across a small number of specific expenditure lines in the Housing Programme as a result of a combination of factors including: continued challenges in relation to price inflation in construction materials, supply chain disruption, inflation pressures in the price of fuel and energy and certain developments initially projected for completion being delayed until later this year. Further to this, the earlier than expected signing of the Deferred Surrender Order has also impacted the expenditure profile variance.

As is the norm with all major capital programmes, the bulk of capital expenditure occurs during Q4 of a given year. This is particularly so in my Department, where local authorities submit large volumes of claims for recoupment towards the end of the year. Accordingly, this level of activity is expected to result in a very significant increase in capital expenditure later in the year.

My Department will continue to engage proactively on a range of measures to manage and expedite capital expenditure where possible throughout the year with a view to keeping within projected investment levels. 

Housing Schemes

Questions (382)

Jennifer Whitmore

Question:

382. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if he will outline the criteria for which a local authority can refuse to purchase a property under the tenant-in-situ scheme; and if he will make a statement on the matter. [25843/23]

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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. 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.

For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire at least 1,500 social homes and my Department will keep this number under review. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter to all local authorities in March, setting out details of these arrangements.

Local authorities have delegated sanction to deliver the 1,300 additional acquisitions, subject to those acquisitions being within Acquisition Cost Guidelines issued by my Department.  It is a matter for a local authority to determine whether a property should be acquired.  The cost of the property, its condition and its suitability for the existing tenants are issues that will be considered by the local authority. I have asked local authorities to be proactive in this area.

Departmental Strategies

Questions (383)

Jennifer Whitmore

Question:

383. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the position on the Marine Strategy Framework Directive Common Implementation Strategy on Seabed Integrity; if he agrees with the idea of having an additional or combined threshold value of 10% of areas without pressures on the seabed; and if he will make a statement on the matter. [25844/23]

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Written answers

Under the EU Marine Strategy Framework Directive (MSFD), threshold values for seafloor integrity have been developed by experts across the EU. Ireland, represented by officials of my Department, was involved the development of these thresholds. These threshold values support technical criteria for adversely affected and loss of habitat type.

A  threshold value of 25% has been proposed for the maximum extent of seafloor habitat types that can be adversely affected. Additionally, a threshold value of 2% of habitat loss per habitat type was proposed for the same area.  In a written adoption procedure in February 2023 Ireland, like a number of other EU Member States, indicated support for these values subject to a revision when more scientific evidence was available and further working being undertaken on a habitat quality threshold so that the threshold values can be used. 

The Government understands and acknowledges the need to protect marine areas from the environmental pressures of human activities. Indeed, this is the rationale behind the Marine Protected Areas Bill currently being drafted by my Department.

Housing Schemes

Questions (384, 385)

Thomas Gould

Question:

384. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if he will provide an update on the operation of ‘home for life’ in the mortgage-to-rent scheme. [25852/23]

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Thomas Gould

Question:

385. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of mortgage-to-rent applications, by provider, approved to date in 2023. [25853/23]

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Written answers

I propose to take Questions Nos. 384 and 385 together.

The Mortgage to Rent (MTR) scheme was introduced in 2012 for borrowers of commercial lending institutions and is targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), who agree to the voluntary surrender of their home and who have very limited options, if any, to meet their long-term housing needs themselves. In addition, the household must be deemed eligible for social housing support. The concept of the scheme is that a household with an unsustainable mortgage goes from being a homeowner to being a social housing tenant. Under the MTR scheme, the borrower surrenders their property to their lender and it will be then sold to 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.

To the end of Q1-2023, 2,130 households with unsustainable private mortgages have completed the MTR scheme since its introduction. A total of 6,154 individuals are benefitting from the scheme, which comprises 3,391 adults and 2,763 children. The Housing Agency publishes, on a quarterly basis, detailed statistical information on the operation of the MTR scheme, including a breakdown by provider. This information is available on The Housing Agency's website at the following link: www.housingagency.ie/housing-information/mortgage-rent-statistics

In Q4 2022, The Housing Agency and my Department agreed to pause Agreements for Lease and Lease Agreements with the Home for Life until The Housing Agency examined some issues with the repair work on a number of properties. The issuing of Agreements for Lease and Lease Agreements has now resumed.

Both the Programme for Government and Housing for All commit to strengthening the Mortgage to Rent scheme and ensuring that it is helping those who need it. Building on the significant amendments already made to the scheme in 2017, a review of the scheme was (published in January 2022) and whilst the scheme was assessed to be performing well, a number of recommendations were made that would further strengthen the scheme. This included the broadening of eligibility criteria for the scheme, which was implemented in early 2022. As households entering MTR must qualify for social housing, the increase in the income threshold for social housing that came into effect on 1 January 2023 has also opened the scheme up to more borrowers. The main changes to the scheme will result in more people being able to benefit from the scheme, which has been amended to reflect current housing market conditions and most up-to-date research on those in long term mortgage arrears.

Another action following the scheme review is to consider the policy options around the scheme and how the scheme might be funded to ensure its continued operation as well as value for money for the State. In line with this Action, the current Pilot scheme with Home for Life has been terminated from 25 May and a new iteration of the scheme will be launched. As part of this new iteration, The Housing Agency, on behalf of my Department, will run an Expressions of Interest (EOI) process to invite entities from both the private and AHB sector to get involved in the provision of Mortgage to Rent at scale.

The Department recognises that Home for Life has approximately 400 active cases in the scheme and has put arrangements in place for Home for Life to complete as many of these cases as possible. Cases that are assigned to AHBs are not affected by the termination of the pilot and the issuing of the EOI.

Question No. 385 answered with Question No. 384.

Flood Risk Management

Questions (386)

Michael Ring

Question:

386. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage when works (details supplied) will actually be carried out, given that the case has been prioritised for some time; if an urgent decision will be made; and if he will make a statement on the matter. [25882/23]

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Written answers

The works in question and the necessary environmental screening are under active consideration by the National Parks and Wildlife Service of my Department and I have asked that this case be expedited. I am awaiting decision on whether this project screens in for appropriate assessment. If it screens in, the process is defined in legislation and the applicant will be notified shortly in that regard.

Housing Schemes

Questions (387, 388, 389, 390)

Alan Kelly

Question:

387. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the number of applications for funding of social housing developments/acquisitions/turnkey/leases applied for by Tipperary County Council under the social housing investment programme (SHIP); the date of those applications and their locations in Tipperary; and if the local authority was successful in receiving funding from his Department for each application, in tabular form. [25886/23]

View answer

Alan Kelly

Question:

388. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the number of applications for funding of social housing developments/acquisitions/turnkey/leases applied for by Clare County Council under the social housing investment programme (SHIP); the date of those applications and their locations in Tipperary; and if the local authority was successful in receiving funding from his Department for each application, in tabular form. [25887/23]

View answer

Alan Kelly

Question:

389. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the number of applications for funding of social housing developments/acquisitions/turnkey/leases applied for by Cork County Council under the social housing investment programme (SHIP); the date of those applications and their locations in Tipperary; and if the local authority was successful in receiving funding from his Department for each application, in tabular form. [25888/23]

View answer

Alan Kelly

Question:

390. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage the number of applications for funding of social housing developments/acquisitions/turnkey/leases applied for by Kerry County Council under the social housing investment programme (SHIP); the date of those applications and their locations in Tipperary; and if the local authority was successful in receiving funding from his Department for each application, in tabular form. [25889/23]

View answer

Written answers

I propose to take Questions Nos. 387 to 390, inclusive, 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 by 2030. 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 and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).

Under my Department’s Social Housing Investment Programme (SHIP), funding is available to all local authorities to deliver social housing projects through direct construction or in partnership with developers through 'turnkey' projects. My Department publishes the Social Housing Construction Status Report (CSR). The CSR provides details of social housing developments and their location that have been completed, are under construction or are progressing through the various stages of the design and tender processes. The most recent publication was for Quarter 4 2022. All Construction Status Reports are available at the following link: www.gov.ie/en/collection/cb885-social-housing-construction-projects-status-reports/

A version of the CSR file can also be downloaded for analysis of completions, locations, approvals stage etc at: data.gov.ie/dataset/construction-status-report-2016-for-quarter-4?package_type=dataset - construction status report 2016 for Quarter 4 - Datasets - data.gov.ie

My Department also publishes comprehensive programme level statistics on a quarterly basis on social housing delivery activity by local authorities and Approved Housing Bodies (AHBs) in each local authority. This data is available to the end of 2022, and is published on the statistics page of my Department’s website, at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/

Question No. 388 answered with Question No. 387.
Question No. 389 answered with Question No. 387.
Question No. 390 answered with Question No. 387.

Quarrying Sector

Questions (391)

Eoin Ó Broin

Question:

391. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will confirm from when Irish quarries and concrete producers had to comply with I.S. EN 12620 (details supplied). [25890/23]

View answer

Written answers

As set out in the Official Journal of the EU, the applicability date for EN 12620:2002 was 1 July 2003, subject to a co-existence period end date of 1 January 2004 for the purposes of the implementation of the Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products.

The date of the end of the co-existence period is the same as the date of withdrawal of conflicting national technical specifications, after which presumption of conformity must be based upon harmonised European specifications e.g. EN 12620:2002.

National Monuments

Questions (392)

Aengus Ó Snodaigh

Question:

392. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage the number of prosecutions made under the National Monuments Acts 1930 to 2014 in the past ten years; and the number of convictions that resulted from prosecutions in the same period. [25892/23]

View answer

Written answers

The National Monuments Service reports significant damage to national monuments to An Garda Siochána when considered appropriate. However, the decision to proceed to refer these cases (or not) to the Director of Public Prosecutions is a matter for An Garda Siochána. My Department is aware of 6 prosecutions which all resulted in convictions over the last ten years.

It is worth noting that the vast majority of monuments in Ireland are on privately owned farmland and farmers are important custodians of our archaeological heritage. A key priority of the National Monuments Service of my Department is to ensure future protection of monuments by working closely with landowners.

National Monuments

Questions (393)

Aengus Ó Snodaigh

Question:

393. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage if he will provide a copy of the 2009 report by the Expert Advisory Group on Monuments and Archaeological Heritage which precipitated the Historic and Archaeological Heritage Bill 2023 being produced. [25893/23]

View answer

Written answers

A copy of the Expert Advisory Committee's Report on Legislative Provisions as part of the 2009 Review of Archaeological Policy & Practice will be provided to the Deputy as soon as possible.

Expert advisory committee report on legislative provisions

Question No. 394 answered with Question No. 352.

Allotments Provision

Questions (395)

Eoin Ó Broin

Question:

395. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide an update on the proposed policy to help protect and provide more allotments and community gardens in Ireland; if he will provide a timeline for when the policy is expected to be implemented; and if he will make a statement on the matter. [25926/23]

View answer

Written answers

The provision of allotments is addressed within the Sustainable Residential Development in Urban Areas (2009), issued as Ministerial Guidance within the meaning of Section 28 of the Planning and Development Act (as amended). Section 4.18 - Recommended Qualitative Standards – refer to the need for a focus on the quality of public open space and the activities which take place therein in addition to addressing the reasonable expectations of users.  This includes the consideration of allotments and community gardens, noting that they are of particular value in higher density areas. Local authorities must ‘have regard’ to these Section 28 Guidelines when carrying out their strategic planning or development management functions. 

My Department is currently preparing updated guidance for planning authorities on Sustainable and Compact Settlements that will update policy in relation to the creation of more compact and integrated forms of development in cities, towns and villages in order to meet population growth in a more sustainable manner.  A consultation paper published on my Department’s website on 30 March 2023 set out the proposed policy approach and invited submissions in relation to the proposed policy approach.  

A total of 77 submissions were received in response to the consultation paper.  A range of issues were raised including issues relating to the form, design and quantum of public open space within new communities.  The submissions will inform the finalisation of the draft guidelines which will be subject to a further period of consultation in due course.

In terms of planning, providing, enabling and supporting allotments, legislation is in place in the Planning and Development Act 2000 (as amended) and the Local Government Act 2000 (as amended) to allow for the identification of locations in development plans for allotment development, and to establish allotments as a part of local government’s role in promoting the interests of local communities.  Identifying land for allotment development in a development plan is a reserved function of the elected members in considering and making the plan, while the provision of allotment or similar facilities on local authority land is a matter for each individual local authority including their elected members and is subject to availability of resources and community inputs and support for such proposals.

A framework for provision of allotments or community gardens by local authorities and other interested parties is contained in existing legislation and guidance.

The draft Planning and Development Bill 2022 was published in January and the Joint Oireachtas Committee on Housing, Local Government and Heritage went through a significant pre-legislative scrutiny process on it over the months of February and March. Their report, which was received at the start of May, contains more than 150 recommendations, including a number relating to allotments. These recommendations are being carefully considered as officials from my Department work closely with other Departments and the Office of Parliamentary Counsel to ready the Bill for publication. I can confirm that allotments will be provided for in the final Bill, in line with existing provisions. 

The final Bill, when published, will be accompanied by an Explanatory Memorandum providing information on the provisions in the Bill and will highlight the rationale for any substantial changes made to the current Act.  The Bill will then proceed before the Houses of the Oireachtas.

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