Written Answers Nos. 411-468
413. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage if he will consider creating a statutory oversight body for the construction sector that will investigate claims of negligent practices and-or defective buildings; and if he will make a statement on the matter. [34183/23]
View answerIn recognition of the defects and issues that have arisen, a range of building control reforms which focus on ensuring strong and effective regulation in the building control system and of the construction industry and on improving compliance with Building Regulations have been implemented over the last decade. These include:
a. Implementation of the Building Control (Amendment) Regulations 2014. These Regulations empower competence and professionalism in construction projects and establish a chain of responsibility that begins with the owner. With certain limited exceptions, the owner must assign competent persons to design, build, inspect and certify the building works who, in turn, must account for their role through the lodgement of compliance documentation, inspection plans and statutory certificates. The roles and responsibilities of owners, designers, builders, assigned certifiers, etc. during building works are set out in the Code of Practice for Inspecting and Certifying Buildings and Works. The Code of Practice also provides guidance on use of proper materials and the need to check supporting documentation under the Construction Products Regulation (e.g Declaration of Performance) and additional national guidance (e.g. Standard Recommendations produced by National Standards Authority of Ireland).
b. the creation of the National Building Control Management Project and the establishment of the National Building Control & Market Surveillance Office (NBCMSO) to provide oversight, support and direction for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities.
c. The enactment in July 2022 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022. This Act develops and promotes a culture of competence, good practice and compliance with the Building Regulations in the construction sector. The Act will put the Construction Industry Register Ireland on a statutory footing and aims to benefit consumers and the general public by giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. The Act also allows for complaints against registered builders to be made on a number of grounds – in particular an entity providing building services in a category in which they are not registered. It provides for a range of proportionate sanctions to be imposed after investigation. Complaints in relation to building regulations will continue to be dealt with under the Building Control Act. When the register operates on a statutory footing, it’s expected that initially at least 5,000 entities will be required to register.
While the enforcement of Building Control and Market Surveillance of construction products has been strengthened significantly over the last ten years locally and nationally under the Building Control Management Project and leadership of the NBCMSO, it is acknowledged that further strengthening is required. In that context, the Programme for Government and Housing for All commit to establishing a building standards regulator. The purpose of the regulator will be to strengthen the oversight role of the State with the aim of further reducing the risk of building failures and enhancing public confidence in construction-related activity. The objective is to ensure that this regulator has sufficient breadth of scope, effective powers of inspection and enforcement, and an appropriate suite of sanctions.
It is intended that the building standards regulator will be established on a statutory basis (through primary legislation). In this regard, I informed the Government on 18 January of my intention to develop legislative proposals for the establishment of a building standards regulator.
As a first step, a comprehensive desktop study was undertaken by the Housing Agency in collaboration with the Department, which documented the current building control system and construction product enforcement system in Ireland and other countries. It also provides an overview of other relevant regulators and inspectorates in Ireland.
Building on the information contained in this study (completed in March 2023), the Department has commenced dialogue with the County and City Management Association with a view to determining the scope, functions, role and structure of the regulator. It is intend to bring proposals to Government later in 2023.
Other significant pieces of redress and producers’ liability legislation which may apply to construction products are the Sale of Goods Acts and the Sale of Goods and Supply of Services Act 1980; and the Liability for Defective Products Act 1991 which fall under the remit of my colleague the Minister for Enterprise, Trade and Employment.
414. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage if he will consider creating a construction defects insurance fund operated by the State, funded by the construction sector; and if he will make a statement on the matter. [34184/23]
View answerIn recognition of the defects and issues that have arisen and to reduce the risk of such defects recurring, a range of building control reforms which focus on ensuring strong and effective regulation in the building control system and of the construction industry and on improving compliance with Building Regulations have been implemented over the last decade. These include:
- Implementation of the Building Control (Amendment) Regulations 2014. These Regulations empower competence and professionalism in construction projects and establish a chain of responsibility that begins with the owner. With certain limited exceptions, the owner must assign competent persons to design, build, inspect and certify the building works who, in turn, must account for their role through the lodgement of compliance documentation, inspection plans and statutory certificates.
- the creation of the National Building Control Management Project and the establishment of the National Building Control & Market Surveillance Office to provide oversight, support and direction for the development, standardisation and implementation of Building Control as an effective shared service in the 31 Building Control Authorities.
- The enactment in July 2022 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022. This Act develops and promotes a culture of competence, good practice and compliance with the Building Regulations in the construction sector. The Act will put the Construction Industry Register Ireland on a statutory footing and aims to benefit consumers and the general public by giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. The Act also allows for complaints against registered builders to be made on a number of grounds – in particular an entity providing building services in a category in which they are not registered. It provides for a range of proportionate sanctions to be imposed after investigation. Complaints in relation to building regulations will continue to be dealt with under the Building Control Act. When the register operates on a statutory footing, it is expected that initially at least 5,000 entities will be required to register.
While the enforcement of building control and market surveillance of construction products has been strengthened significantly over the last decade, it is acknowledged that further strengthening is required. In that context, work is underway in my Department to establish a building standards regulator. The purpose of the Regulator will be to strengthen the oversight role of the State with the aim of further reducing the risk of building failures and enhancing public confidence in construction-related activity. My Department has commenced dialogue with the County and City Management Association with a view to determining the scope, functions, role and structure of the regulator. It is intend to bring proposals to Government later in 2023.
I have no plans to introduce a construction defects insurance fund. This would not come within the remit of my Department.
415. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the total number of families living in social housing, either directly with councils or with approved housing bodies, but excluding HAP, RAS and similar schemes, over the past twenty years; the percentages of families living in social housing, either directly with councils or with approved housing bodies, but excluding HAP, RAS and similar schemes over the past twenty years. [34185/23]
View answerMy Department does not hold information of the specific type requested. The data may be sought from the local authority or approved housing body directly.
416. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the total number of park wardens employed across the State, broken down by county council. [34187/23]
View answerUnder section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.
My Department oversees workforce planning for the local government sector, including the monitoring of local government sector employment levels. To this end, my Department gathers aggregate quarterly data on staff numbers in each local authority on a whole time equivalent basis. However, granular data, in terms of the specific role and function of each individual staff member is not collected and consequently is not available in my Department. The relevant information would be available from individual local authorities.
417. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the departmental review of the effectiveness of the Derelict Sites Act; and if he will make a statement on the matter. [34241/23]
View answerThe Derelict Sites Act 1990 imposes a general duty on every owner and occupier of land 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.My Department initiated a review of the Derelict Sites Act in November 2021 and invited local authorities to make initial submissions on potential improvements to the legislative provisions and the way they are applied. A focused working group of nominated staff members from a number of local authorities was subsequently established. The group met on three occasions during 2022 and remains active. It is expected that the report of the group will be finalised in the coming months. I will consider the recommendations contained in the report once it is received.
418. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the number of local authority housing units in the State at present in respect of which local authorities are receiving rent from the occupier; the total rent received in 2022 in respect of these properties; the total amount of rent arrears; the average rent charged per unit; and if he will make a statement on the matter. [34250/23]
View answerMy Department does not hold information in relation to the total numbers of local authority housing units in the State. This information may be sought from the local authorities directly.
Details of the total rent collected by local authorities and the levels of arrears are contained in the annual local authority Audit Reports prepared by the Local Government Audit Service and published by my Department. The 2022 Audit Reports have not yet been published and the most recent reports, for 2021, can be found at the following link: www.gov.ie/en/collection/902ac-audit-reports-2021/.
419. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the number of the 12,441 people in emergency accommodation who are Irish nationals, nationals of other EU member states, UK nationals and nationals of other countries; and if he will make a statement on the matter. [34252/23]
View answerMy Department currently gathers and publishes data on a monthly basis on the number of homeless persons accommodated in emergency accommodation funded and overseen by housing authorities. These reports are based on data provided by housing authorities, produced through the Pathway Accommodation & Support System (PASS).
The monthly homelessness report includes details of individuals, families and the dependants of these families who accessed emergency accommodation during the relevant count week of the month in question. The most recently published data is in respect of May 2023. The reports are collated on a regional basis and are available on my Department's website at the following link: www.gov.ie/en/collection/80ea8-homelessness-data/ and are also published to the Department of Public Expenditure, NDP Delivery and Reform's open data portal data.gov.ie/.
Since April 2022 my Department has gathered information from local authorities on citizenship of adults accessing emergency accommodation. The citizenship information is broken down by Irish, EEA/UK and Non-EEA and is available on a regional basis at the link above.
420. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the number of retained firefighters who have departed the service annually from 2010 to date; the number of retained firefighters that have been recruited on an annual basis in the same period; and if he will make a statement on the matter. [34255/23]
View answer421. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if he is aware of any local authorities that refuse to employ staff who also work as retained firefighters; and if he will make a statement on the matter. [34256/23]
View answerThe provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Acts, 1981 and 2003.
My Department supports fire authorities by establishing policy, setting national standards for fire safety and fire service provision, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects and the procurement of essential frontline fire appliances, ancillary vehicles and equipment.
Fire services are provided in Ireland by local authorities in accordance with the provisions of the Fire Services Acts, 1981 and 2003. Under this legislation, 31 local authorities provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters.
The prioritisation of work and effective management of all resources is, in the first instance, a matter for the fire authority, based on its assessment of risk, needs and resources. In relation to the staffing requirements in each local authority, under section 159 of the Local Government Act 2001, it is the responsibility of each Chief Executive to employ such staff and to make such staffing, funding, recruitment and organisational arrangements as may be deemed necessary for the purposes of carrying out the functions of their local authority for which they are responsible.
The review report “Retained Fire Services in Ireland - A Review of Recruitment and Retention and the Future Sustainability of Service Delivery” published by my Department in December 2022 shows that 67% of retained firefighters surveyed hold primary employment roles, on a full or part time basis, with 7% of those, holding an alternative primary employment role within their local authority. Recommendation 10 stemming from the Retained Review report speaks directly to this issue.
The Management Board of the National Directorate for Fire and Emergency Management within my Department will actively support local authorities in exploring avenues to implementing this recommendation.
In relation to staffing numbers that have left or been recruited to the retained fire services since 2010, my Department oversees workforce planning for the local government sector, including the monitoring of overall local government sector employment levels. To this end, my Department gathers aggregate quarterly data on staff numbers in each local authority on a whole time equivalent basis. However, granular data, in terms of staff allocated to specific work areas within local authorities is not collected and consequently is not available in my Department.
The requested information would be available directly from the local authorities.
422. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the timeframe for the publication of the draft revised wind energy development guidelines; and if he will make a statement on the matter. [34270/23]
View answer423. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if he will provide an update on the draft revised wind energy guidelines on the significant work that has been undertaken on the noise elements on the discussions his Department has had with the Department of Environment, Climate and Communications on new developments in this regard, including consideration of the impact of the revised 2030 target to generate up to 80% of Ireland electricity from renewable sources and the need to ensure that proposals regarding the measurement and assessment of noise from wind turbines are fit for purpose; and if he will make a statement on the matter. [34271/23]
View answer424. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage whether the discussions his Department has had with the Department of Environment, Climate and Communications on new developments on the noise elements, have included any multidisciplinary consultations with health professionals or noise experts; and if he will make a statement on the matter. [34272/23]
View answerI propose to take Questions Nos. 422, 423 and 424 together.
My Department is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines. The review is addressing a number of key aspects including noise, setback distance, shadow flicker, community obligation, community dividend and grid connections.
Guidance on the noise aspect, which is highly technical in nature, is currently being finalised by my Department in conjunction with the Department of the Environment, Climate and Communications (DECC), which has primary responsibility for environmental noise matters. Both Departments are engaging on proposals regarding the measurement and assessment of noise from wind turbines to ensure they are robust and fit for purpose having regard to, inter alia, the revised 2030 target to generate up to 80% of our electricity from renewable sources.
In this connection, DECC has recently appointed noise consultants who have commenced work to inform any amendments to the noise aspect of the Guidelines. My Department has had discussions with DECC and the noise consultants with a view to moving this aspect of the review forward.
My Department, in conjunction with DECC, will make any further changes to the draft Guidelines which are deemed necessary or appropriate in the wake of this work, with a view to bringing the review of the Guidelines to a conclusion. My Department will be in a better position to provide an update on the expected publication date of the revised Guidelines once this process has concluded.
It should be noted that Action EL/23/4 of the Climate Action Plan 2023 Annex of Actions contains a commitment to having new draft Guidelines prepared by the end of Q4 2023, with revised Guidelines to be published in 2024.
When finalised, the revised Guidelines will be issued under section 28 of the Planning and Development Act 2000, as amended, or subject to enactment of the Planning and Development Bill 2023, as a National Planning Statement, as appropriate. In the meantime, the current 2006 Wind Energy Development Guidelines remain in force.
425. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding compulsory purchase order powers of local authorities for the provision of housing; how this is being facilitated by his Department; and if he will make a statement on the matter. [34305/23]
View answerTackling vacancy is a key priority for this Government and a suite of measures has been introduced to address vacancy and increase the pace at which properties are brought back into use. A number of strategic policies and objectives have been delivered including:
• The Government launched the Town Centre First policy, a major new policy initiative that aims to tackle vacancy, combat dereliction and breathe new life into our town centres.
• Full-time Vacant Homes Officers are now in place across all 31 local authorities.
• Planning regulations that exempt certain vacant commercial premises from requiring planning permission to change of use for residential purposes have been extended.
• The Government recently announced details of the €150 million fund under Call 3 of the Urban Regeneration and Development Fund (URDF) to address long term vacancy and dereliction in towns and cities. Local authorities, when applying for the funding, have indicated that they could identify projects generating 4,850 residential units. Local authorities will receive a grant for the entire 100% cost of acquiring suitable properties identified within their communities, reflecting the high priority the Government has placed on boosting accommodation and tackling dereliction. The Fund complements several existing schemes to tackle vacancy and dereliction.
The Vacant Homes Action Plan, which I launched in January, outlines the significant progress that has been made in addressing vacancy along with the actions that are being pursued to return as many vacant properties back into use as possible.
As part of the Plan, my Department launched a new CPO Activation Programme in April 2023. It provides for a planned, systematic and proactive approach to bringing vacant and derelict properties into use. Targets have been set for each local authority for the number of identified vacant and derelict properties to enter the CPO Activation Programme and for the number of compulsory acquisitions to be undertaken. This Programme includes guidance and supports for local authorities to actively use their legislative powers to acquire vacant and derelict properties, where engagement with owners has been unsuccessful.
The main steps of the Programme include:
• identification of vacant and derelict properties,
• identification of and engagement with owners,
• communication regarding the various schemes and measures which are now in place to support bringing the property back into use, and
• where owners of vacant and derelict properties cannot be identified or where they are unwilling to engage, use of available legislative powers to compulsory purchase such properties.
Local authorities can compulsorily acquire a property using either the compulsory purchase powers contained within the Housing Act, 1966 and complimentary Planning and Local Government legislation, or carrying out compulsory acquisitions under the Derelict Sites Act, 1990. The processes are different under each Act and the guidance issued by my Department as part of the CPO Activation Programme supports local authorities in using their legislative powers.
Overall, there is a target of 4,000 properties entering the CPO Activation Programme in 2023. These are based on levels of vacancy in the local authority area. Of these, a target of 400 has been set for properties to enter the compulsory acquisition process, where engagement with the owner has not resulted in the vacant or derelict property being brought back into use, to be subsequently used for social housing or made available for sale on the open market.
426. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the number of completed cost rental tenant-in-situ scheme offers; the number in progress, by county, in tabular form; and if he will make a statement on the matter. [34311/23]
View answerThe Cost Rental Tenant In-Situ (CRTiS) Scheme was introduced as an interim measure, developed on an administrative basis, to address the immediate circumstances of the ending of the 'Winter Emergency Period' on 31 March 2023. This temporary scheme is available where a tenant faces the termination of a tenancy due to the landlord’s intention to sell the property.
The scheme is administered by the Housing Agency and, as of the end of Quarter 2, 68 cases had been referred to the Agency by 21 local authorities.
It is intended that data in relation to the Scheme will be published on a quarterly basis.
427. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage if he will actively engage with local authorities to ensure that where commercial rates are already in place for a building, a waiver may be sought if such building is now used as a men's shed; and if he will make a statement on the matter. [34315/23]
View answerLocal authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by Tailte Éireann under the Valuation Acts 2001 to 2020.
While some property and land is exempt from rates (the full list of exempted properties is set out in Schedule 4 of the Valuation Acts 2001 to 2015), most commercial properties are subject to commercial rates. Rates are generally payable by the occupier of a commercial or industrial property.
The amount of rates liable on a property is determined by multiplying the valuation of the property set by Tailte Éireann by the Annual Rate on Valuation (ARV) set by the local authority. The ARV is decided by the elected members of each local authority in their annual budget and its determination is a reserved function of a local authority. I have no role in this regard.
The Local Government Rates and Other Matters Act 2019 modernised the legislation governing commercial rates and contains provision to enable a local authority to introduce rates waiver schemes to support the implementation of policy objectives, including; local economic and community plans; objectives contained in Development Plans and Local Area Plans; and national planning policies. The making of a scheme for the waiver of rates is to be a reserved function of a local authority. The parameters for rates waiver schemes will be addressed in Regulations to be made by the Minister. Such parameters may include, the specification of the maximum percentage of rates that may be waived by a local authority and the period in relation to which a scheme may be made.
The new provision, when commenced, will mean that elected members and local authorities can support specific objectives to promote community, social and economic development, urban planning or rural regeneration. It is the intention that such schemes can be made for specific local electoral areas or municipal districts, empowering local representatives to effect change at the most granular level locally.
It had been intended that the bulk of the provisions of the Act would be operational for the 2021 local authority budget cycle however, preparations were delayed due to the impact of the COVID crisis and work on the government funded rates waivers. Technical amendments to allow commencement of the Act in time for the 2024 budget cycle are currently before the Oireachtas. The amendments are contained in the Historic and Archaeological Heritage Bill 2023 which passed Committee Stage in the Dáil last week.
Section 15 of the Local Government Rates and Other Matters Act 2019, when commenced, will replace existing rates waiver schemes under the Local Government (Rates) Act 1970. Under existing schemes a rating authority may make and carry out a scheme, providing for the waiver by the authority of all or a portion of commercial rates due by ratepayers in respect of a specified class or classes of property. The making of such a scheme is subject to the consent of the Minister for Housing, Local Government and Heritage. No rate waiver schemes have been consented to in respect of commercial property.
Some local authorities have introduced locally designed business incentive schemes which promote the use of vacant commercial property. Such schemes rely upon Part 9 of the Local Government Act 2001 which provides that the function of local authorities include providing grants, loans guarantees or other financial aid to promote the interest of the local community, including economic interest. Unlike rates waiver schemes, no ministerial sanction is required for the setting up of these schemes.
429. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage his views on the new framework to continue the joint co-operative policy making and implementation between his Department and the Department of Health, developed to address the outstanding actions in the Joint Policy Statement on Housing Options for Ageing Population; and if he will make a statement on the matter. [34343/23]
View answerGovernment policy in relation to housing for older people, as set out in Housing for All: A New Housing Plan for Ireland, is to support people to live with dignity and independence in their own homes and communities for as long as possible, to allow them to ‘age in place’ close to their families, friends and in their community.
Pathway 2 of Housing for All commits to expanding the housing options available for Older Persons, building on the work done under the 2019 Joint Policy Statement, Housing Options for our Ageing Population, which has the objective of providing housing options for older people to facilitate ageing in place, in their own homes and communities, with dignity and independence, and deliver an appropriate range of housing and related support services, in an integrated and sustainable manner.
My Department continues to collaborate with the Department of Health on the implementation of relevant ongoing actions, together with engagement on advancing the most appropriate framework, under the strategic framework of Housing for All, to ensure the effective integration of health and housing policies at national and local level. The framework will build on the co-operative momentum established under Housing Options for our Ageing Population, in relation to policy making and implementation, from the national to the local level, to continue to deliver housing and supports for our ageing population. I expect that this work will be advanced in the coming months.
431. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage to outline his Department’s strategy in regard to modular housing building projects; and the number of units projected to be delivered, by county, in tabular form. [34394/23]
View answerHousing 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 an average of 10,000 new build social homes each year in the period to 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.
Modern Methods of Construction (MMC) has been identified as a key measure to address increased housing delivery and methods to support increased use of MMC are set out in Pathway 5 of Housing for All. The development of MMC will improve productivity in construction and increase efficiency in residential construction.
The Housing for All Action Plan Update and Quarter 3 2022 Progress Report, which was published on 2 November, includes a new action to develop a roadmap with targets for increased use of MMC in public housing. My Department is now working closely with the local authorities, to increase the use of MMC in social and affordable housing.
Modern Methods of Construction is used to describe a range of offsite manufacturing and innovative onsite techniques that provide alternatives to traditional house building. Modern Methods of Construction can be completed dwelling units manufactured in a factory setting and transported to site, or panelised components manufactured in a factory and assembled on site. All Modern Methods of Construction systems must be of a high quality, comply with all requirements of the Building Regulations and have a 60-year durability.
Last December funding of €94m was provided to local authorities to address legacy land debts. The provision of this funding was linked to the immediate development of a housing proposal, a commitment to use Modern Methods of Construction (MMC) and for construction to start in 2023 or no later than 2024. A total of 26 sites received funding as part of an accelerated delivery programme, and with some additional sites since added, my Department is overseeing a project to progress delivery of MMC projects on 35 sites which will deliver approximately 1,800 new social homes.
The Office of Public Works (OPW), in conjunction with the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) as the Department with policy responsibility, is also leading on a project to secure the provision of modular homes to accommodate Beneficiaries of Temporary Protection from the Ukraine.
