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Thursday, 15 Jun 2023

Written Answers Nos. 215-224

Housing Policy

Questions (215)

Paul Kehoe

Question:

215. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the reasons that a reduction in a HAP payment is now considered in line with a reduction in a working family payment (details supplied); and if he will make a statement on the matter. [28892/23]

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Written answers

The Housing Assistance Payment (HAP) is a form of social housing support available for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP. Eligible households can source their own accommodation in the private rental sector which should be within the HAP rent limits provided to them by the 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.

Since 11 July 2022 each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit or up to 50% in the case of homeless households in the Dublin region. It should be noted that it is a matter for the local authority to determine if the application of the discretion is warranted on a case by case basis and also the level of additional discretion applied in each case.

My Department continues to keep the operation of the HAP scheme under review and closely monitors the level of discretion being used by local authorities, taking into account other sources of data, including Residential Tenancies Board rent data published on a quarterly basis.

In relation to the case raised, the day-to-day operation of the HAP scheme is a matter for the relevant local authority.

National Monuments

Questions (216)

Michael Creed

Question:

216. Deputy Michael Creed asked the Minister for Housing, Local Government and Heritage if an application by an organisation (details supplied) for the erection of a notice board at a national monument has received approval; and if he will make a statement on the matter. [28936/23]

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Written answers

The National Monuments Service of my Department has no record of an application with the information provided having been received. Any such application received would be considered on its merits or otherwise within the scope of the National Monuments Acts.

Compulsory Purchase Orders

Questions (217)

Marian Harkin

Question:

217. Deputy Marian Harkin asked the Minister for Housing, Local Government and Heritage if the NPWS is seeking or being granted CPO powers; and if he will make a statement on the matter. [28920/23]

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Written answers

The National Parks and Wildlife Service (NPWS) is an Executive Agency under my aegis as Minister for Housing, Local Government and Heritage and as such is not a corporate identity with such CPO powers.

However, as Minister, I am empowered to make Land Purchase Orders under section 55 of the Wildlife Act 1976, subject to the provisions thereof in the exercise of my functions under that Act.

I am not, at this time, seeking or being granted any further CPO powers in the context of my wildlife functions under the Wildlife Act 1976.

The NPWS, on my behalf as Minister, is responsible for the implementation of the Wildlife Act.

Environmental Policy

Questions (218)

Éamon Ó Cuív

Question:

218. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the discussions he has had with his European Union counterparts in relation to the prosed EU law on nature restoration; the result of these discussions; and if he will make a statement on the matter. [28678/23]

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Written answers

Throughout the drafting process of the proposed Nature Restoration Regulation, Ireland has worked with the Presidency of the Council of the European Union (currently held by Sweden), and colleagues in other Member States, with the aim of producing as complete, effective and durable a proposal as possible that maintains a high level of ambition for the EU and provides sufficient flexibility for Member States to deliver on implementation through their national restoration plans.

In this context, Ireland has made several drafting proposals at Working Party meetings in recent months to ensure the best fit for Ireland’s nature and people, taking account of the particular landscape, seascape, land use, climate, challenges and opportunities for nature restoration in Ireland. My Department has had direct contact with most Member States and with the Commission experts as discussions proceeded.

At their invitation, my colleague, Malcolm Noonan TD, Minister of State with responsibility for Heritage and Electoral Reform, spoke with his Swedish counterpart on 30 May to discuss the draft Regulation. He reaffirmed Ireland's support for the proposal and the Presidency's aim for the agreed general approach on the Regulation to be ready for the Environment Council on 20 June.

Environmental Policy

Questions (219)

Éamon Ó Cuív

Question:

219. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if a detailed land use survey has been carried out to calculate the effect of the proposed EU law on nature restoration up to 2050 on agriculture in Ireland and the amount of land currently in use for productive agriculture that would have to be rewilded or rewetted, including the geographic areas that would be most affected, under the proposed law; and if he will make a statement on the matter. [28679/23]

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Written answers

The proposed Nature Restoration Regulation provides an opportunity for transformative change in relation to achieving nature restoration in Ireland and the EU as a whole. While much of the recent focus has been on rewetting and agricultural impacts, the proposed regulation covers a wide range of land and marine options - urban, agricultural, river, marine and forest environments.

The initial impact assessment underpinning the Nature Restoration Regulation proposal estimated the total financing needs for nature restoration in the EU at EUR 6 to 8 billion per year. This assessment points to the fact that the economic benefits of nature restoration far outweigh its costs. Every euro invested in nature restoration is estimated to result in at least 8 euro in benefits.

Member States will need to conduct national impact assessments of the proposals including the economic costs arising. Ireland has adopted a ‘whole of Government’ approach to the Regulation and its implementation. Therefore, each key Department we be required to undertake, as a priority, an analysis of the likely sectoral impacts in order to inform a coherent national impact assessment, including the economic costs arising, as relevant.

This work will feed in to the preparation of the National nature restoration plan and each key Department will need to allocate the necessary resources and expertise to engage fully in the development of the Plan, its implementation and the monitoring and reporting required thereafter, in accordance with any timeframes or milestones agreed as part of the final Regulation. Significant stakeholder involvement will be key to the creation of the plan.

On the subject of rewetting, restoration of drained peatlands does not necessarily mean bringing the water table to surface level and rewetting is just one of several tools available for restoration of target ecosystems. The latest definition of rewetting, proposed in the EU Council’s latest draft of the Regulation has significant flexibility built in as a result of our negotiations with the EU Council and the Commission.

This will allow Ireland to determine for ourselves what rewetting means in our national circumstances. It should be noted that restoration of drained peatlands is not the same as rewilding and does not necessarily involve taking land entirely out of agricultural use.

The proposed Regulation provides that restoration targets relating to drained peatlands, including rewetting, can be achieved across a range of areas including former industrial peat extraction sites and other drained peatlands. This allows for the targets up to 2030 and beyond to be achieved within state-owned lands.

A high level assessment of the cost of compliance will be undertaken over the summer, once clarity on the proposal emerges, to accurately calculate the investment needed to support the transformative changes required to meet the proposed targets.

Grant Payments

Questions (220, 221)

Éamon Ó Cuív

Question:

220. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the number of thatching grants paid by his Department in each of the past five years; the total cost of the scheme each year; and if he will make a statement on the matter. [28984/23]

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Éamon Ó Cuív

Question:

221. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the grant assistance available for rethatching vernacular houses; the conditions attached to receipt of the grant; the changes he proposes making to both the level of grant and the conditions in order to make it more affordable for people to protect this vital and irreplaceable part of our heritage; and if he will make a statement on the matter. [28985/23]

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Written answers

I propose to take Questions Nos. 220 and 221 together.

My Department’s grant scheme for the renewal or repair of a thatched roof, provides funding of up to €6,350 or up to 80% of the approved cost, whichever is the lesser, in respect of necessary works to renew or repair the thatched roofs of private houses situated on the mainland where the private owner holds a medical card. A higher level of assistance of up to €8,252 is available for houses on specified offshore islands, where the owner holds a medical card. In the case of private owners without a medical card, funding of up to €3,810 or two thirds of the approved cost, whichever is the lesser, may be payable in respect of necessary works to renew or repair the thatched roofs of private houses situated on the mainland, rising to €5,714 where the house is situated on a specified off-shore island.

Eligibility under the grant scheme is contingent on the house being occupied as a normal place of residence on completion of the approved works. The age of the roof is not considered under this scheme, but the house must be ten or more years old and be structurally sound. Additionally, an applicant may be refused a grant for the renewal or repair of the thatch if a grant was paid under this scheme or Roinn na Gaeltachta scheme, within the previous 7 years. Further details on eligibility and how to apply can be found on my Department's website at the following link:

www.gov.ie/en/service/32e72-thatching-grant/

Details on the number of thatching grants paid by the Department in each of the past five years and the total cost of the scheme each year is shown in the following table:

Year

No. of Grants Paid

Total Amount of Grant Payments

2018

101

€446,228

2019

89

€410,252

2020

107

€490,359

2021

95

€435,038

2022

103

€481,860

My Department also oversees a number of schemes to assist in the conservation of protected structures, which may include repairs to historic roofing. These schemes are the Built Heritage Investment Scheme (BHIS) and the Historic Structures Fund, under which a combined total of €9 million is available for 2023. This year, for the first time, a dedicated €500,000 has been ring-fenced under the BHIS for conservation repairs to historic thatched structures. This aims to maximise the availability of financial assistance to owners of such properties, helping them offset other costs. These schemes are administered through the local authorities and details are available at the following link:

www.gov.ie/en/publication/32ae3-financial-assistance-for-architectural-heritage/

Separately, Minister Noonan, launched A Living Tradition, the new vernacular architectural heritage strategy, in December 2021. Action 6 of the strategy sets out to ‘enhance the protection and conservation of historic thatched roofs’. Under Action 6, my Department will examine all issues relevant to thatched buildings, including thatching standards, fire prevention guidance, and the availability of suitable thatching materials, and any other relevant matters. The action also seeks to accelerate the recording and protection of these buildings, and to establish a central database. At present my Department estimates that there are 2,000 older vernacular thatched houses, and the establishment of a central database will provide further clarity on this figure. My Department established a specific steering group, the Built Vernacular Heritage (Thatch) Steering Group, to oversee and assist with the implementation of this particular part of the strategy.

Question No. 221 answered with Question No. 220.

Special Areas of Conservation

Questions (222)

Mairéad Farrell

Question:

222. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if his officials have any future plans to delist Lough Melvin in the Border counties of Leitrim and Fermanagh as a Special Area of Conservation and Natura 2000 site considering that the SAC holds a stock of vulnerable Atlantic salmon (EU Habitats Directive Annex II) and unique brown trout subspecies of sonaghen, gillaroo and ferox; and if he will make a statement on the matter. [29001/23]

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Written answers

EU Member States are required to designate areas as Special Areas of Conservation (SACs) to protect a variety of habitats and species under the EU Habitats Directive (92/43/EEC). This Directive is transposed into Irish law by the European Communities (Birds and Natural Habitats) Regulations 2011. The designation of SAC sites under the Directive is a formal, legal process, with a number of steps, which are set out in full in the European Communities (Birds and Natural Habitats) Regulations 2011.

Site boundaries are determined on scientific grounds, based on the protected habitats and species for which the site is to be designated. Lough Melvin is a site designated as a Special Area of Conservation for the conservation of a number of habitats and species listed in Annex I/II of the EU Habitats Directive, including Salmon (Salmo salar).

De-designation of a European Site or part of a site is permitted only in very limited circumstances, and is not a national policy decision but a matter of European law. Any proposal to de-designate a European Site, or part of a site must be based on scientific grounds alone, and requires the consent of the European Commission.

Seanad Elections

Questions (223)

Thomas Pringle

Question:

223. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage what consultation his Department intends to carry out regarding plans to respond to the recent Supreme Court ruling regarding the Seanad university panels; and if he will make a statement on the matter. [29009/23]

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Written answers

The Seanad Electoral (University Members) Act 1937 sets out the current legislative provisions governing the election of university senators to Seanad Éireann. In a recent judgment the Supreme Court determined that sections 6 and 7 of that Act which provide for the election of members of the Seanad by certain university graduates are unconstitutional because they are not consistent with Article 18.4.2 of the Constitution. The Supreme Court has suspended its declaration of invalidity until 31 July 2023 in the first instance.

In order to respond fully to the Supreme Court judgment, my Department, along with the Office of the Attorney General, is currently considering the judgment with a view to preparing options for consideration by the Government. The approach to consultation will be made within the context of this work which is being progressed as a matter of priority in my Department.

Housing Provision

Questions (224)

Bernard Durkan

Question:

224. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the status of the stage 4 approval process to select a contractor to build 38 new homes on (details supplied); how long the tender process has been ongoing and when he anticipates stage 4 approval being granted; and if he will make a statement on the matter. [29026/23]

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Written answers

I am advised by Dublin City Council that work continues on this project. Stage 3 Pre-tender Approval was awarded by my Department on the 26 May 2022.

I am advised by the Council that this Project is the initial seed project for the establishment of Multi-Party Framework Agreements for Residential Works Projects for Dublin City Council.

The project works were tendered under the Restricted Procedure, which is a two stage process. Final tenders were returned on 17 May 2023. The evaluation of those tenders under the Most Economically Advantageous Tender (MEAT) criteria is currently in progress.

Following that process my Department anticipates a Stage 4 submission from Dublin City Council.

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