Written Answers Nos. 560-583
560. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if he will request from An Bord Pleanála details of the current waiting times for decisions; if he will provide information on the average waiting time for decisions in 2022 and to date in 2023; and if he will make a statement on the matter. [35641/23]
View answerAn 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, my Department obtained the information requested from the Board who have provided the following information.
There has been a significant turnover of personnel at Board level in the organisation over recent months. This has resulted in restricted capacity at Board level and a consequent backlog of cases for determination. A number of board members have been appointed since the start of 2023 and the present complement is now 14 board members which provides the necessary capacity to begin to address current delays in determining cases over the next period of time.
There are different types of cases before the Board for determination. The Board will be applying different prioritisation to those cases and will therefore not deal with all cases in chronological order. The Board has decided that this is the best way to manage its backlog in the most effective way possible.
The Board is committed to work as expeditiously as possible to fully clear the backlog of cases over the coming period.
561. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if he has asked An Bord Pleanála to develop a system whereby those who are awaiting a decision will be provided with a number in a queue in order that applicants and appeal parties can have information and updates as to when a decision on their file may be made; if an online and accessible system is under consideration; if An Bord Pleanála plans to initiate communication with all individuals who currently have an application awaiting decision in order to provide an estimate as to when their case will be decided; and if he will make a statement on the matter. [35642/23]
View answerAn 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, my Department obtained the information requested from the Board who have provided the following information.
The Planning and Development Act 2000, as amended, and associated legislation provide statutory objective timelines by which An Bord Pleanála must seek to determine cases before it. Those provisions provide for a period of 18 weeks from receipt for most normal planning appeals and 16 weeks for such appeals involving large scale residential development.
Where the initial time objective period cannot be met, the legislation provides that the Board must write out to all the parties in the particular case and advise of a new date by which the Board intends to determine the case. The Board follows these procedures in all cases.
However, it is accepted that in present circumstances, where it is currently dealing with a significant backlog of cases across a spectrum of various case types, An Bord Pleanála cannot, in a significant number of such revised date cases, meet that revised date and it is not in a position to provide definitive additional timelines to determine individual cases which have gone beyond the revised timeline given. An Bord Pleanála regrets this situation and is seeking to address the backlog of cases over the coming period.
562. Deputy Michael Collins asked the Minister for Housing, Local Government and Heritage the stage at which the proposed new legislation covering the MPA which is supposed to replace the SAC legislation (details supplied); and if he will make a statement on the matter. [35647/23]
View answerMy Department has been working intensively with Parliamentary drafters over the past months to develop the Marine Protected Area (MPA) Bill. I now expect the Bill to be published after the summer recess.
The MPA Bill will not replace the legislation transposing the Habitats Directive under which SACs are designated.
563. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage if he will provide an update on the total number of cost-rental units delivered since 2020. [35662/23]
View answerThe Housing for All strategy commits to delivering a total of 18,000 Cost Rental homes over the period to 2030, and significant funding is being made available to support provision by Approved Housing Bodies (AHBs), Local Authorities, the Land Development Agency (LDA), and now also private providers under the new Secure Tenancy Affordable Rental (STAR) investment scheme.
Delivery will increase incrementally to an average of 2,000 Cost Rental homes per year, with 10,000 Cost Rental homes targeted for delivery by 2026. The very first Cost Rental homes in Ireland were delivered in late 2021, and 2022 saw significant acceleration of delivery. An initial group of 65 Cost Rental homes were delivered in late 2021, and 684 new homes were delivered in 2022. Cost Rental Delivery is continuing this year, with a pipeline of housing delivery which is being progressively developed by Local Authorities, AHBs, and the LDA.
Local authorities are systematically collating information on delivery of affordable homes in their area, including delivery by AHBs and the LDA, in the same manner as is done for social housing delivery. Informed by returns of this data, the affordable housing delivery for Q1 2023, including Cost Rental, is currently being validated and I expect that my Department will be in a position to report on this soon.
564. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the number of people who made contact with each local authority because they considered themselves to be homeless but were not provided with emergency homeless accommodation or a HAP or social housing tenancy; the breakdown of the reasons emergency accommodation or a HAP or social housing tenancy was not provided in each case; if he will commit to publishing these data alongside homelessness figures each month; and if he will make a statement on the matter. [35684/23]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at a local level. Statutory responsibility in relation to the provision of homeless accommodation and related services rests with individual housing authorities.
Under the Housing Act 1988 it is a matter for each local authority to determine whether a person is regarded as homeless; section 2 of the Act sets out the requirements in this regard. When a household has been assessed as homeless, section 10 of the Housing Act 1988 provides that a local authority may provide accommodation and related services to that household.
If a household meets the eligibility and need criteria for social housing supports, it qualifies for the suite of social housing supports, including Housing Assistance Payment (HAP), and is placed on the housing list to be considered for the allocation of suitable tenancies in accordance with the authority’s allocation scheme. The allocation of social housing support to qualified households is a matter for the local authority concerned, in accordance with its allocation scheme made in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act 2009 and associated Social Housing Allocation Regulations 2011. This legislation requires all local authorities, as a reserved function, to make an allocation scheme which specifies, among other things, the manner of, and the order of priority for, the allocation of dwellings to households on the housing and transfer lists.
My 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/ .
The specific data sought by the Deputy is not available to my Department.
565. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage what information is shared by local authorities on their choice-based letting systems to his Department, by local authority, in tabular form; and if he will make a statement on the matter. [35688/23]
View answerMy Department conducts an annual survey of all local authorities to determine the uptake and impact of Choice based letting (CBL). The information received indicates over half of all local authorities are operating a CBL system. Information collected also provides details on the type of CBL system being used, mechanisms used to publicise CBL, the number of properties advertised, allocated and the expressions of interest. The information also provides details on CBL refusals and the reasons for this.
Given the benefits offered by CBL, my Department will continue to liaise with the local authorities to support as wide a roll-out of CBL as possible across the country and to explore the feasibility of a national online CBL system.
566. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage his plans for affordable housing in County Cork; if he is satisfied with the current level of affordable housing being delivered in mid-Cork; and if he will make a statement on the matter. [35689/23]
View answerUnder Housing for All, the Government will deliver 54,000 affordable homes between now and 2030, to be facilitated by local authorities, Approved Housing Bodies (AHBs), the Land Development Agency (LDA) and through the First Home Scheme, a strategic partnership between the State and retail banks.
With 2022 representing the first full year of affordable housing delivery under the schemes introduced in the Affordable Housing Act 2021, local authorities have begun to submit data returns and information on delivery of affordable homes in their area to my Department, in the same manner as is done for social housing. The 2022 progress report on affordable housing provision across all delivery streams has been published on the Department's website at the following link:
www.gov.ie/en/collection/6060e-overall-social-housing-provision/#affordable-housing-delivery
Following the publication of Housing for All in September 2021, I asked all local authorities to prepare Housing Delivery Action Plans to address social and, where appropriate, affordable housing needs in their areas over the period 2022-2026, in line with targets set under Housing for All. 18 local authorities, including Cork County Council, were asked to include affordable housing delivery projections in their Plans, in line with the five-year Affordable Housing delivery targets assigned in March 2022. Cork County Council's Housing Delivery Action Plan 2022-2026, as published on the local authority's website on 12 July 2022, is available at the following weblink - www.corkcoco.ie/sites/default/files/2022-07/cork-county-council-housing-delivery-action-plan-2022-2026.pdf
In addition, the First Home Scheme, which was launched in July 2022, supports first-time buyers in purchasing new houses and apartments in the private market through the use of an equity share model. Full information on the scheme, which is available nationwide, may be found on the dedicated website, www.firsthomescheme.ie.
Finally, the new Vacant Property Refurbishment Grant is also available nationwide and it provides for grants for refurbishment of vacant and derelict properties. I also announced last year, a new Ready to Build serviced sites scheme under the Fund where local authorities will provide sites at a discount to people who want to build their own home. Information on both of these schemes is available directly from local authorities.
Significant progress is being made to deliver the ambitious targets contained in Housing for All and my Department is working closely with the local authorities, Approved Housing Bodies, the LDA and other stakeholders to accelerate the delivery of affordable housing.
567. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage the level of funding made available for local authorities to advance taking-in-charge of estates in County Cork for 2019, 2020, 2021, 2022 and to date in 2023, by LEA, for County Cork, in tabular form; and if he will make a statement on the matter. [35690/23]
View answerMy Department does not collate data on the taking in charge of housing estates by local authorities. All planning authorities are required to have a policy on taking in charge within their respective functional areas in accordance with Planning Circular PD 1/08 which was issued on 26 February 2008.
The legislative process for the taking in charge of housing estates by local authorities is set out in section 180 of the Act. The prescribed process in this regard applies to residential developments consisting of two or more dwellings that have been granted planning permission under section 34 of the Act.
Under section 180 (1) of the Act, the planning authority is obliged to initiate the taking in charge process where requested by either the developer of, or by the majority of owners of the dwellings in, the estate in question. However, this is subject to the development being completed to the satisfaction of the authority and in accordance with the permission and any conditions attached thereto.
Where developments have not been completed to the satisfaction of the planning authority, and where enforcement proceedings in this connection have not been commenced by the planning authority within 4 years of the expiry of the planning permission relating to a development, section 180 (2)(a) of the Act provides that the planning authority shall, where requested by the majority of owners of the houses involved, initiate the taking in charge procedures under section 11 of the Roads Act 1993, as amended (the Roads Act).
Where this particular approach is being progressed, the authority may apply the security or development bond provided as part of the planning application for the purposes of ensuring the satisfactory completion of the development.
With regard to estates which have not been competed satisfactorily, local authorities have been advised to draw up a priority list of requests from residents for the taking in charge of estates within their functional areas, taking into account such factors as the date of the request, the condition of the estate, the length of time that it has been left in an unfinished state and the funding resources available to complete such estates.
Furthermore, where the calling in of the development bond is not possible, section 180(2A) of the Act provides that the initiation of the taking in charge procedures under section 11 of the Roads Act shall not preclude the planning authority concerned from pursuing a developer for any costs incurred by the authority in respect of necessary works undertaken on a development to enable it to be taken in charge by that authority.
In order to conclude the taking in charge process where the development has been deemed to have been satisfactorily completed, a local authority is required to make a declaration under section 11 of the Roads Act following a proposal by the executive. The making of such a declaration, which effectively confirms that the authority is prepared to take over responsibility for the ongoing maintenance of the public works elements of the estate, is a reserved function of the elected members of a local authority.
Therefore, the decision to take any particular estate or estates in charge is ultimately one for the elected members of the local authority who, by way of declaration made under the Roads Act, will make such a decision.
In addition, it should be noted that financial decision making and the accountability of local authorities is a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority, which includes the adoption of the annual budget of the local authority.
In this regard, section 103 of the Local Government Act 2001, as amended, provides for the local authority budgetary process. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and the funding resources available to the local authority. This includes the taking in charge of housing estates.
568. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage the number of successful applications under the septic tank grant for County Cork for 2019, 2020, 2021, 2022 and to date in 2023, by LEA, for County Cork, in tabular form; if he is satisfied with the number of successful applications made to date in 2023 and that the new measures are seeing more of an uptake in the scheme; and if he will make a statement on the matter. [35691/23]
View answerMy Department provides grant assistance to householders to replace, carry out remediation work, repair or upgrades to their domestic waste water treatment systems (also known as septic tanks).
In order to qualify for the grant the properties concerned must be identified as requiring action under the National Inspection Plan or be in an area prioritised for environmental protection.
Further details of the grant can be found on my Department's website at www.gov.ie/en/publication/6cc1e-domestic-waste-water-treatment-systems-septic-tanks/ .
The table below sets out the number of grants and amounts paid by my Department to Cork County Council under the grant scheme by year 2019 to the end of June 2023.
|
Year |
Number of DWWTS Grants |
Total DWWTS grants paid (€) |
|
2019 |
3 |
3,404.52 |
|
2020 |
2 |
5,395.01 |
|
2021 |
0 |
- |
|
2022 |
11 |
37,560.64 |
|
2023 |
0 |
- |
The day to day running of the Rural Water Programme is devolved to the local authorities. Cork County Council in this case is best placed to provide the remaining details referred to in the question.
My Department is currently carrying out a review of all matters relating to the grant scheme – the review is at an advanced stage. Extensive consultation with relevant stakeholders including a recent focused workshop with local authority staff administering the grant has been completed.
569. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage the number of local authority home loans approved and drawn down in each local authority for 2021, 2022 and to date in 2023, in tabular form; if he is satisfied with the current timelines on processing applications; and if he will make a statement on the matter. [35692/23]
View answer638. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the number of local authority home loans applied for throughout the State; the number per year; the number per county; the number paid to date; if the information will be provided, in tabular form; and if he will make a statement on the matter. [36598/23]
View answer660. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the number of local authority home loans that have been issued in each local authority; and his plans to revise income limits for same. [37073/23]
View answerI propose to take Questions Nos. 569, 638 and 660 together.
The Local Authority Home Loan (LAHL) is a Government-backed mortgage for creditworthy applicants who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build. The Local Authority Home Loan is the successor to the Rebuilding Ireland Home Loan (RIHL). While the Rebuilding Ireland Home Loan closed to new entrants in 2022, outstanding approvals and applications in progress at that time continued to be processed.
My Department regularly publishes information on the number and value of (i) local authority loan approvals and (ii) local authority loan drawdowns. Local authority approval means that an official letter of offer has been sent to a borrower (and therefore relates to a specific property and loan amount). Information on drawdowns, approvals, average drawdowns, and average approvals for the Local Authority Home Loan and the Rebuilding Ireland Home Loan for 2022 is available on my Department’s website at the following link, which will be updated as soon as figures are available:
www.gov.ie/en/collection/42d2f-local-authority-loan-activity/#local-authority-loans-approvedpaid .
Processing of a complete and valid application by a local authority takes approximately 6-8 weeks. This period may vary depending on the local authority and the complexity of each application. My Department does not collect data on the average time taken by local authorities to process Local Authority Home Loans.
I announced increases to the income limits for the Local Authority Home Loan from 1 March this year ; single applicants must not be earning greater than €70,000 annual gross income in the previous tax years, while joint applicants must not be earning greater than €85,000 annual combined gross income in the previous tax year. While there are no plans at present to further increase the income price limits, it will be kept under review.
570. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the likely date for completion of the report from the working group within his Department which is reviewing the question of out-of-mortgage properties owned by approved housing bodies. [35708/23]
View answerI expect to receive a report from the AHB Unencumbered Units Working Group in the coming weeks, which will feed into the wider work that my Department is doing in relation to the AHB sector.
571. Deputy Paul Donnelly asked the Minister for Housing, Local Government and Heritage the budget allocation for the fire services capital programme in 2021, 2022 and 2023; and the percentage of that funding that was actually spent in the years of 2021 and 2022, in tabular form. [35799/23]
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.
Under Fire Services Acts, 1981 and 2003, 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.
In 2021, my Department allocated a capital budget of €14.416 million for Fire and Emergency services. The capital expenditure in 2021, €7.75 million, equated to 54% of the budget allocation. The budget allocation underspend in 2021 was directly attributable to the ongoing consequences of the Covid-19 public health emergency. As with other sectors, Fire station construction projects were adversely affected by delays and Covid-19 restrictions in 2020/21. Expected expenditure on specialist fire appliances was also impacted; supply chain issues as a consequence of the public health emergency, saw lead in times for equipment and appliances severely affected.
In 2022, my Department allocated a capital budget of €18 million for Fire and Emergency services. The capital expenditure in 2022, €22.636 million, was ultimately 26% above the estimate provision due mainly to the easing of Covid-19 restrictions and the knock on effect which saw the recommencement of several fire service infrastructure construction projects (Station builds/ refurbishments). In some instances, supply chain issues that had affected the purchase of essential specialist fire appliances and equipment during the period of the public health emergency eased more quickly than anticipated and additional opportunities for the purchase of specialist equipment and vehicles became apparent to local authorities. Additional funds were made available from within the Department's budget to meets those costs. As with other sectors of the economy, an increase in costs associated with construction projects and the purchase of appliances and equipment, in line with the CPI, has been noticeable.
C.4 - Fire and Emergency Services
|
Year |
2021 |
2022 |
2023 |
|
|
€m |
€m |
€m |
|
Budget Allocation |
14.416 |
18 |
22.4 |
|
Actual Spend |
7.75 |
22.636 |
|
|
Percentage Spend |
54% |
126% |
|
572. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage his views on whether those who must have adult children living with them due to the housing crisis should not be omitted from the housing adaptation grants for older people and people with a disability, as the overall household income exceeds €60,000; if he will increase this threshold; and if he will make a statement on the matter. [35803/23]
View answer635. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the up-to-date position of the review into the housing adaptation and housing aid grants; when he will announce the findings of the review; if he is planning changes in the grants; and if he will make a statement on the matter. [36595/23]
View answer664. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage if he will provide an update on the review of the housing adaptation grants for older people and people with disabilities; his engagement with the Department of Public Expenditure, National Development Plan Delivery and Reform on the recommendations; when he will publish the report; and if he will make a statement on the matter. [37152/23]
View answerI propose to take Questions Nos. 572, 635 and 664 together.
My Department provides Exchequer funding to local authorities to support the suite of Housing Adaptation Grants for Older People and People with a Disability which support older and disabled people living in private houses to adapt their home to meet their needs.
The grants available operate on a sliding scale with the highest percentage grants available to those with the lowest incomes. The schemes are means tested and grant assistance is not available to applicants whose household income, after disregards and deductions, exceeds €60,000 per annum. The household income approach is intended to spread the benefits of the grant scheme as widely as possible and to ensure fairness and value for money in operation of the scheme towards those with the greatest needs. Local authorities, in administering the scheme, work with qualifying applicants to secure the most beneficial outcome possible in line with the applicants' financial circumstances and within the parameters of the Grant Scheme.
Housing for All commits to reviewing the grants scheme and a report on the review has been prepared by my Department. The review was informed by engagement with external stakeholders, including the Department of Health, the HSE, the Disability Federation of Ireland and the Irish Wheelchair Association. Written submissions were also invited and considered as part of this process. Among the areas which the review considered are the income thresholds (including the means test provisions) and grant limits, and the application and decision-making processes including the supplementary documentation required.
On foot of my consideration of the Review report, I have asked my Department to engage with the Department of Public Expenditure, NDP Delivery and Reform on the recommendations in the Review report, and it is my understanding that this engagement is ongoing at present. I will publish the report, including the agreed amendments to the scheme, once that engagement has concluded.
573. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if there are any grounds on which a local authority can assess eligibility for social housing supports based on whether an applicant's private rent is above 30% of their net household income rather than the annual net household income being within the three income bands set out by his Department in January 2023; if so, when this alternative assessment was introduced; and on what circular, statutory instrument or legislation it is based. [35806/23]
View answerApplications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
The Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy.
Applicant households are assessed for eligibility in the first instance, which primarily relate to income, availability of alternative accommodation and previous rent arrears. Then, if deemed eligible, their housing need is assessed under the criteria in Regulation 23 of the 2011 Regulations, as amended, having regard to its current accommodation.
There are no grounds to deem a household ineligible for social housing support based on the proportion of their net income which is needed to pay their rent. It may be the case that some households meet the eligibility criteria for social housing but a housing need cannot be established. Ultimately, decisions on the qualification of households for social housing support, the most appropriate form of such support, and the allocation of that support are a matter solely for the local authority concerned.
574. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage what rules govern metal detecting and amateur metal detecting in Ireland; and if he will make a statement on the matter. [35809/23]
View answerSection 2 of the National Monuments (Amendment) Act 1987 prohibits both possession of a detection device on any monument or area protected under the National Monuments Acts 1930 to 2014, and use of a detection device anywhere else to search for archaeological objects, other than as permitted under a consent granted by me, as Minister for Housing, Local Government and Heritage. Any application made for such a consent will be considered on its merits, but it should be appreciated that I will, in deciding on any application, be concerned to ensure that the archaeological heritage is protected. This may result in applications being refused and it can be expected in any event that any consent granted would be subject to appropriate conditions and restrictions.
In addition to the above, it is of course essential that the permission of owners of land, whether private or public, be obtained before metal detecting take place. It should never be assumed that landowners are willing to allow metal detecting on their lands, and where the lands are owned by local authorities or other public bodies there may be bye-laws in force and these will have to be complied with. It would not be appropriate for me to comment on the enforcement by any local or public authority of its rights and duties as owner of any lands or of any bye-laws applicable to those lands
Any finds of archaeological objects made in any circumstances other than in the course of an archaeological excavation licensed under the National Monuments Acts must be reported within 96 hours to the National Museum of Ireland and may not be removed or interfered with other than to preserve it or keep them safe. Furthermore, any digging or excavating to uncover archaeological objects or other things of archaeological interest can only be done under and in accordance with an archaeological excavation licence issued by me as Minister. Because of this, care needs to be taken by persons engaging in metal detecting even where section 2 of the 1987 Act does not apply.
The responsibility to ensure compliance with applicable law, whether the National Monuments Acts or other law, rests at all times with any person engaging in metal detecting.
I consider that the restrictions imposed under the National Monuments Acts, as set out above, are reasonable, proportionate and necessary to secure the protection of our national archaeological heritage from serious loss and damage.
Any licence applications should be emailed to licensingsection@housing.gov.ie.
575. Deputy Michael Moynihan asked the Minister for Housing, Local Government and Heritage the action his Department has taken to honour the programme for Government pledge to ensure that Government Departments and public bodies take positive steps, including the use of correct pronouns and, where possible, making improvements on official forms, to assist non-binary people. [35832/23]
View answerMy Department is committed to serving our customers, stakeholders and staff properly, fairly, impartially and with courtesy. This includes ensuring accommodating diversity and ensuring that rights to equal treatment established by equality legislation are upheld in the delivery of our services.
My Department also complies with all central legislation, policy and guidance in relation to equality of opportunity in all of our engagements.
Diversity is encouraged and facilitated in my Department to ensure its composition is reflective of Irish society as a whole. It is supported by the Department's HR Strategy through its goal of ‘enhancing diversity and inclusion in the workplace.’
My Department is aware of its obligations under the Equal Status Acts to promote equality and prevent discrimination. My Department fully supports the National Action Plan Against Racism 2023-2027, which was published by my colleague the Minister of State for Community Development, Integration and Charities, Joe O’Brien, in March 2023.
However, as I understand matters relating to gender recognition fall under the remit of my colleague Heather Humphreys, T.D., Minister for Social Protection.
576. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding any research conducted regarding the step-down housing need for older people in County Clare; and if he will make a statement on the matter. [35879/23]
View answerMy Department has no information about specific research that examines the need for step-down housing for older people in County Clare. The funding of step-down facilities is a matter for my colleague, the Minister for Health.
Individual applications for social housing support are assessed in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended. The allocation of local authority dwellings, including the prioritisation of certain households, is a matter for the local authority concerned, in accordance with their allocation schemes made under section 22 of the Housing (Miscellaneous Provisions) Act 2009 and associated Regulations.
577. Deputy Brian Stanley asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 52 of 6 July 2023, if he will clarify the specific cost of getting two health care professionals to sign HDM-Form 1 (details supplied). [35914/23]
View answerAs Minister for Housing, I have no remit regarding the costs associated with completion of the HMD1 form for housing supports as these are a matter for the health professionals chosen by the applicant.
As set out in Question number 52 of 6 July 2023, the requirement for two healthcare professionals from this wider cohort ensures that the local authority has enough information to enable it to make informed decisions on the appropriate housing need of the applicant. A Peace Commissioner is not acceptable as a signatory of the HMD1 form as the signatories must be healthcare professionals. Where an applicant household cannot provide the necessary documentation, the local authority has discretion to request alternate documentation in order to satisfy itself in relation to any or all of the requirements.
578. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage when price ceiling limits on the first home scheme will next be reviewed; and if he will make a statement on the matter. [35969/23]
View answerThe First Home Scheme, launched on 7 July 2022, supports first-time buyers in purchasing new houses and apartments in the private market through the use of an equity share model. The Scheme is overseen and managed by the First Home Scheme Ireland Designated Activity Company (DAC) on behalf of scheme founders (the State and participating mortgage lenders). This body is responsible, amongst other things, for collating and issuing statistical information as it pertains to the scheme, as well as reviewing price ceilings.
At its launch just over a year ago, the First Home Scheme DAC confirmed it would undertake a review of price ceilings every six months. The first review of price ceilings was carried out in December 2022, with the changes from this review coming into effect on 1 January this year, at which time a number of price ceilings were revised. The second review was conducted at the end of June. I understand that the next review of price ceilings is expected at the end of 2023.
579. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if, in the context of electoral reform, he could provide an update on the implementation of the programme for Government commitment to establish a fund to support political and electoral research by academics and researchers. [36028/23]
View answerThe Electoral Reform Act 2022, guided by the commitments in the Programme for Government – Our Shared Future, provided for a number of fundamental reforms to our electoral system. These included the establishment on an independent electoral commission. An Coimisiún Toghcháin was established on 9 February 2023.
Chapter 9 of the Electoral Reform Act 2022 provides for a research and advisory role for An Coimisiún. Under Section 64 of the Act, An Coimisiún may commission or conduct research on electoral policy and procedure with a view to making recommendations to the Minister and the Government, as it considers appropriate. Related to this, Section 65 provides that An Coimisiún will prepare an annual research programme and lay this before each House of the Oireachtas. When preparing its programme, it will consult with the Joint Oireachtas Committee, the Minister and any other person, as it considers appropriate. Section 66 of the Act details that An Coimisiún, when requested by the Minister, will advise and, as appropriate, make recommendations to the Government in relation to any proposals for legislative change, or any other policy matters concerning electoral policy or procedures.
In addition to the legislative provisions outlined above, Section 15 of the Electoral Reform Act 2022 empowers An Coimisiún to establish committees. These committees may advise and assist An Coimisiún in the performance of any of its functions.
In fulfilling its research-related functions, it is a matter for An Coimisiún to determine how it supports political and electoral research by academia, researchers and others.
580. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the amount of his Department’s 2022 budget that was surrendered to the Exchequer; and if he will make a statement on the matter. [36031/23]
View answerAs set out in Question No. 328 of 25 April, my Department's Appropriation Accounts published by the Comptroller and Auditor General (C&AG) set out the full details of expenditure for the relevant years and can be found at the following link: www.audit.gov.ie/en/publications/appropriation%20accounts/. The 2022 Appropriation Account has been presented to the C&AG and will be published later this year following audit.
Summary details of the allocations and amount surrendered to the Exchequer in 2022 is set out below:
|
Vote 34 - DHLGH |
REV Allocation |
Amount Surrendered to Exchequer |
% of Total Allocation |
|
|
|
||
|
2022 |
€6,148m |
€246.7m |
4% |
Under Section 91 of the Finance Act, 2004, all or part of any unspent appropriations for capital supply services may be carried over for spending in the following year. This provides for the carryover of up to 10% of the REV allocation (Capital) from one year to the next.
In 2022, the continued impact of Covid-19 on the construction sector, compounded by supply chain issues and the onset of war in Ukraine with resulting further detrimental impact for the sector, had a substantial effect on drawdown of capital investment for key programme areas. Capital expenditure in 2022 was lower than profiled resulting in surplus balances on the capital elements of Programmes A (Housing), B (Water), D (Planning) and F (Heritage), of which €340m capital has been carried forward to 2023.
Despite these challenges, my Department continued to engage proactively on a range of measures to manage, mitigate and expedite where possible. In the case of significant capital projects, it is important to note that the aforementioned impacts push a project out rather than cancelling it and therefore Capital Carryover ensures that where delivery arises beyond the calendar year in which initially anticipated, the capital can transfer to meet the commitment up to a maximum of 10%.
It should also be noted that the lead-in time for capital programmes does not, by its nature, readily facilitate in-year substitution for alternative capital delivery.
581. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage what measures are being taken to reduce delays in the planning process; and if he will make a statement on the matter. [36045/23]
View answerMy Department has introduced a range of measures to reduce delays in the planning process. These include: the Planning and Development Bill 2022, reform measures in An Bord Pleanála, the introduction of the Large-Scale Residential Developments process, and funding for an increase in local authority staffing.
Planning and Development Bill 2022
The draft Planning and Development Bill 2022 was published in January 2023 and the Joint Oireachtas Committee on Housing, Local Government and Heritage has provided significant pre-legislative scrutiny on the draft Bill. Their report contains more than 150 recommendations, which I am considering carefully. My Department continues to work closely with the Office of the Parliamentary Counsel to finalise the Bill, taking account of the pre-legislative scrutiny report and submissions from stakeholders more broadly. Once finalised, the Bill will be published and proceed before the Houses of the Oireachtas, subject to its schedule.
The Review has taken consideration of all aspects of planning including environmental assessment and improving processes to ensure the delivery of critical infrastructure, such as renewable energy, housing and transport.
The draft Bill increases clarity, streamlines the legislation and improves coherence and usability for the public and practitioners. It also ensures alignment and consistency, both with European and environmental obligations and in relation to the various tiers of national, regional and local plan-making. Importantly, it provides greater certainty through the introduction of a range of statutory and mandatory timelines across the various consenting processes, including for An Bord Pleanála.
Large-Scale Residential Developments
The Government, through the introduction of the Large-Scale Residential Developments process, continues to expedite the delivery of housing supply while also providing certainty and stability to the construction sector by retaining some of the positive elements of the SHD arrangements such as mandatory pre-application consultation, quality of applications submitted and decision timelines
An Bord Pleanála Reform
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 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, 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 14, and a further temporary appointment is expected in the coming weeks to bring the total to 15, the maximum provided for under the legislation and the greatest number of serving Board members ever.
Since 2021, my Department has agreed to 117 new staffing posts in An Bord Pleanála. As of 30 June 2023, there are 221 people working in ABP (including Board Members). It is intended that when all the approved posts are filled, over 300 people will be employed in the Board. This will represent an increase in the overall agreed staffing at ABP to in excess of 50% since 2021.
Local Authority Funding for Staffing
The allocation of resources for local authorities to fulfil their planning functions in a timely manner is a priority for Government. My Department has provided a funding allocation of €5.4m in 2023 to support the increased investment in the resourcing of the planning system, and provides funding for additional staff for local authorities and support for a new planning learning and development initiative.
582. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage the steps his Department is taking to reduce the number of judicial reviews with regard to housing; and if he will make a statement on the matter. [36048/23]
View answerThe draft Planning and Development Bill 2022 was published in January and the Joint Oireachtas Committee on Housing, Local Government and Heritage has undertaken a significant pre-legislative scrutiny process on the draft Bill. Their report contains more than 150 recommendations, which I am considering carefully. My Department continues to work closely with the Office of the Parliamentary Counsel to finalise the Bill, taking account of the pre-legislative scrutiny report and submissions from stakeholders more broadly. Once finalised, the Bill will be published and proceed before the Houses of the Oireachtas, subject to its schedule.
The draft Bill aims to ensure that the major debate is focused on the plan-making rather than the application stage, to facilitate greater clarity and long-term visibility in planning outcomes. This will ensure that adequate account is taken of the needs of the future population of new and expanded communities, as well as the needs of existing communities. In doing so the Bill takes appropriate account of the nature of planning decisions, which require careful balancing of public policy, public participation and environmental issues.
The main changes to Judicial Review (JR) contained within the draft Bill include the introduction of timelines for various steps in the process as well as clarifying the role of different parties in accessing justice. In the future, a case can be taken either by an individual or an environmental NGO or association who have sufficient interest in the case and meet other government requirements, as is the case in other European jurisdictions. Groups such as Residents Associations will still be able to take a JR but must also comply with these requirements. If they do not comply, the members of the association can still take it either individually or collectively as the provisions in the draft Bill do not prevent this.
The draft Bill also includes a provision for costs protection for JR, providing that there will not be any order for costs in any such proceedings unless the Court considers that the proceedings are frivolous or vexatious or an abuse of process. A provision will be made in the Bill to bring forward an administrative scheme to deal with costs associated with initiating any proceedings relating to non-compliance with national law relating to the environment. Further details on this scheme will be included in the final Bill.
583. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage what engagement his Department has had with the Department of Finance with regard to the residential zoned land tax; and if he will make a statement on the matter. [36049/23]
View answerAs set out in Housing Policy Objective 15.2 of Housing for All, the Government's plan for housing, a new tax to activate vacant land for residential purposes, and which will in time replace the Vacant Site Levy, was enacted as a part of the Finance Act 2021.
The aim of the tax is to activate and bring forward the development of housing on all lands which are suitably zoned and serviced, as indicated on maps to be prepared and published by local authorities for their respective functional areas.
The tax measure will be managed by the Revenue Commissioners from 2024 when it comes into effect. In advance of this, maps are being prepared by all 31 local authorities, with support from my Department, to identify the land in scope for the tax.
My Department and the Department of Finance have worked, and continue to work, closely on the development and implementation of the Residential Zoned Land Tax.
